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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5227 Introduced in House (IH)]

  2d Session
                                H.R. 5227

Making emergency supplemental appropriations for the fiscal year ending 
  September 30, 2005, for additional disaster assistance relating to 
               natural disasters, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2004

Mr. Young of Florida introduced the following bill; which was referred 
to the Committee on Appropriations, and in addition to the Committee on 
the Budget, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
Making emergency supplemental appropriations for the fiscal year ending 
  September 30, 2005, for additional disaster assistance relating to 
               natural disasters, 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, to provide 
emergency supplemental appropriations for additional disaster 
assistance relating to natural disasters, and for other purposes, 
namely:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     emergency conservation program

    For an additional amount for ``Emergency Conservation Program'', 
for expenses resulting from natural disasters, $175,000,000, 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, $310,000,000, 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 
described in section 381E(d)(2) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009d): Provided further, That $18,000,000 
shall be available for community facility grants described in 
381E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
2009d): 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.
    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 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 Hurricane Assistance. (a) Crop Disaster 
Assistance.--
            (1)(A) The Secretary of Agriculture shall use such sums as 
        are necessary to make emergency financial assistance available 
        to producers on a farm in the United States, including Puerto 
        Rico, that have incurred qualifying losses for the 2004 or 2005 
        crop of an agricultural commodity (other than sugar) due to 
        damaging weather related to any hurricane or tropical storm of 
        the 2004 hurricane season or related condition, in counties 
        declared disaster areas by the President of the United States.
            (B) The Secretary shall make assistance available under 
        this section in the same manner as provided under section 202 
        of Public Law 108-7, including using the same loss thresholds 
        as were used in administering that section.
            (2)(A) The payment rate for a crop for assistance provided 
        under this section to the producers on a farm shall be 
        calculated as follows:
                    (i) If the producers obtained a policy or plan of 
                insurance, including a catastrophic risk protection 
                plan, for the crop under the Federal Crop Insurance Act 
                (7 U.S.C. 1501 et seq.), 65 percent of the established 
                RMA price for the crop.
                    (ii) If a policy or plan of insurance, including a 
                catastrophic risk protection plan, for the crop was not 
                available to the producers under the Federal Crop 
                Insurance Act, 65 percent of the State average price 
                for the crop.
                    (iii) Subject to paragraphs 3 and 4, if the 
                producers did not obtain a policy or plan of insurance, 
                including a catastrophic risk protection plan, 
                available for the crop under the Federal Crop Insurance 
                Act, 60 percent of the established RMA price for the 
                crop.
            (B) 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.
            (C)(i) Assistance provided under this section to a producer 
        for losses to a crop, together with the amounts specified in 
        clause (ii) 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.
            (ii) In applying the limitation in clause (i), 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.
            (iii) Payments shall be limited to a maximum of $80,000 per 
        producer.
            (3) Except as provided in paragraph (4), the producers on a 
        farm shall not be eligible for assistance under this section 
        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 for the 
                crop incurring the losses; and
                    (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 for the crop incurring the losses; or
                    (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.
            (4) The Secretary may waive paragraphs (3)(A) and (B) 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 providing additional coverage for 
                the insurable commodity for each of the next two crop 
                years; 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 two crops 
                under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996.
            (5) In the event of the violation of a contract under 
        paragraph (4) by a producer, the producer shall reimburse the 
        Secretary for the full amount of the assistance provided to the 
        producer under this section.
            (6) Definitions.--In this subsection:
                    (A) 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) 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.
                    (C) 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.
    (b) Section 32 Payments.--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.
    (c) 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. 13804), 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.
    (d) The Secretary, acting through the Farm Service Agency, may use 
not more than $4,000,000 to cover administrative expenses associated 
with the implementation of sections 101 and 102 of this chapter.
    Sec. 102. The Secretary of Agriculture shall use $40,000,000 to 
make payments to processors in Florida that are eligible to obtain a 
loan under section 156(a) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors 
and producers for crop and other losses that are related to hurricanes, 
tropical storms, excessive rains, and floods in Florida during calendar 
year 2004, to be calculated and paid on the basis of losses on 40 acre 
harvesting units, in counties declared a disaster by the President of 
the United States in 2004 due to hurricanes, on the same terms and 
conditions, to the extent practicable, as the payments made under 
section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-
7).
    Sec. 103. The Secretary of Agriculture shall use $10,000,000 to 
make payments to dairy producers for dairy production losses, and dairy 
spoilage losses in counties declared a disaster by the President of the 
United States in 2004 due to hurricanes.
    Sec. 104. (a) The Secretary of Agriculture shall use $23,000,000 to 
provide assistance under the Tree Assistance Program, subtitle C of 
title X of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8201 et. seq.), to tree-fruit growers in counties declared a disaster 
by the President of the United States in 2004 in the States of New York 
and North Carolina who suffered tree losses.
    (b) The Secretary of Agriculture shall use $8,500,000 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.
    Sec. 105. 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. 106. (a) The Secretary shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation to carry out section 
101, 102, 103, 104, and 105 of this chapter, to remain available until 
expended.
    (b) The amounts provided under sections 101, 102, 103, 104, and 105 
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. 107. (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. 108. 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. 109. 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 $8,386,000,000 for the period of 
fiscal years 2005 through 2014''.

                               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'', $7,900,000, to remain available until September 30, 2006: 
Provided, That such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

               procurement, acquisition and construction

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

                     SMALL BUSINESS ADMINISTRATION

                     Disaster Loans Program Account

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

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

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

                    Operation and Maintenance, Navy

                     (including transfer of funds)

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

                Operation and Maintenance, Marine Corps

                     (including transfer of funds)

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

                  Operation and Maintenance, Air Force

                     (including transfer of funds)

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

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $100,000,000, for emergency hurricane and other natural 
disaster-related expenses, which shall be available for transfer to 
reimburse costs incurred in fiscal year 2004: Provided, That the 
Secretary of Defense may transfer these funds to appropriations for 
military personnel; operation and maintenance; the Defense Health 
Program; and working capital funds: Provided further, That funds 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the appropriation or fund to which 
transferred: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back to 
this appropriation: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation: Provided 
further, That such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

                Operation and Maintenance, Army Reserve

                     (including transfer of funds)

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

                Operation and Maintenance, Navy Reserve

                     (including transfer of funds)

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

              Operation and Maintenance, Air Force Reserve

                     (including transfer of funds)

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

             Operation and Maintenance, Army National Guard

                     (including transfer of funds)

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

             Operation and Maintenance, Air National Guard

                     (including transfer of funds)

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

                              PROCUREMENT

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

                     (including transfer of funds)

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

                     (including transfer of funds)

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

                     (including transfer of funds)

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 301. Appropriations provided in this chapter are available for 
obligation until September 30, 2005, unless otherwise so provided in 
this chapter.
    Sec. 302. Funds appropriated in this Act, or made available by the 
transfer of funds in or pursuant to this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 303. Unless specifically enumerated elsewhere in this chapter, 
none of the funds provided in this chapter may be used to finance 
programs or activities denied by Congress in fiscal years 2004 and 2005 
defense appropriations, or to initiate a procurement or research, 
development, test and evaluation new start program without prior 
notification to the congressional defense committees.
    Sec. 304. Section 8007 of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287); 118 Stat. 970), is amended by striking 
the words ``in session''.
    Sec. 305. Section 8090(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 992), is 
amended by striking ``$185,000,000'', and inserting ``$190,000,000''.

                          (transfer of funds)

    Sec. 306. 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. 307. Section 9010(b) of the Department of Defense 
Appropriations 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. 308. Technical Adjustments to Public Law 108-287. 
Notwithstanding any other provision in law, the following adjustments 
and transfers shall apply to funds previously made available and to 
restrictions in the Department of Defense Appropriations Act, 2005 
(Public Law 108-287):
            (1) Armored passenger vehicles.--Under the heading, ``Other 
        Procurement, Army'', strike ``purchase of 1 vehicle'' and 
        insert ``purchase of 21 vehicles'', and under the heading, 
        ``Other Procurement, Army'', strike ``not to exceed $200,000'' 
        and insert ``not to exceed $275,000'': Provided, That any 
        purchases under the authority of this section in excess of one 
        vehicle may only be in direct support of force protection 
        requirements.
            (2) Transfer of funds.--Upon enactment of this Act, the 
        Secretary of Defense shall make the following transfer of 
        funds: Provided, That the amounts transferred shall be made 
        available for the same purpose and the same time period as the 
        appropriation to which transferred: Provided further, That the 
        authority provided in this section is in addition to any other 
        transfer authority available to the Department of Defense: 
        Provided further, That all such amounts in this section are 
        designated as an emergency requirement pursuant to section 402 
        of S. Con. Res. 95 (108th Congress), as made applicable to the 
        House of Representatives by H. Res. 649 (108th Congress) and 
        applicable to the Senate by section 14007 of Public Law 108-
        287: Provided further, That the amounts shall be transferred 
        between the following appropriations, in the amounts specified:
                    To:
                            Under the heading, ``Research, Development, 
                        Test and Evaluation, Defense-Wide, 2005/2006'', 
                        $5,950,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Army'', $5,950,000.
                    To:
                            Under the heading, ``Procurement, Marine 
                        Corps, 2005/2007'', as provided in title IX of 
                        Public Law 108-287, $7,000,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Marine Corps'', as provided in 
                        title IX of Public Law 108-287, $7,000,000.
                    To:
                            The Department of Veterans Affairs, under 
                        the heading, ``Medical Services'', $500,000;
                    From:
                            Under the heading, ``Defense Health 
                        Program'', Operation and Maintenance, $500,000.
                    To:
                            Under the heading, ``Operation and 
                        Maintenance, Army National Guard'', $1,400,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Army'', $1,400,000.
            (3) Section 9014 authorities.--The authority provided in 
        section 9014 of the Department of Defense Appropriations Act, 
        2005 (Public Law 108-287; 118 Stat. 1009), shall apply with 
        respect to the period beginning on June 29, 2003, and ending on 
        August 4, 2004, in addition to the period of applicability 
        provided pursuant to section 9001 of that Act.
    Sec. 309. 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. 310. Section 9006 of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287), is amended by striking ``New Iraqi 
Army'', and inserting ``Iraqi Armed Forces, to include the Iraqi 
National Guard''.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         general investigations

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

                         construction, general

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

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

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

                   operation and maintenance, general

    For an additional amount for ``Operation and Maintenance, General'' 
for emergency expenses for repair of storm damage to authorized 
projects, $175,000,000, 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.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' for emergency expenses for repair of damage to flood 
control and hurricane shore protection projects by storms and other 
natural disasters, $148,000,000, to remain available until expended: 
Provided, That such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development

              international disaster and famine assistance

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

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           operating expenses

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

                  EMERGENCY PREPAREDNESS AND RESPONSE

                            Disaster Relief

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

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'', $50,352,000, 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.

                    United States Geological Survey

                 surveys, investigations, and research

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                       state and private forestry

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

                         national forest system

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

                        wildland fire management

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

                  capital improvement and maintenance

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

                               CHAPTER 8

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management

            public health and social services emergency fund

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

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

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

                  Military Construction, Army Reserve

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

             Family Housing Operation and Maintenance, Army

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

    Family Housing Operation and Maintenance, Navy and Marine Corps

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

          Family Housing Operation and Maintenance, Air Force

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

                  Base Realignment and Closure Account

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

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

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

                       grants-in-aid for airports

                    (airport and airway trust fund)

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

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

            (including rescission of contract authorization)

    For an additional amount for the Emergency Relief Program, as 
authorized by 23 U.S.C. 125, $1,550,000,000, for emergency expenses to 
respond to natural disasters or catastrophic failures from external 
causes, 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 
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: Provided further, That, of the unobligated 
balances of funds apportioned to each State under the programs 
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 
1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended, 
$1,063,000,000 are hereby rescinded.

                   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 authorized federal government 
agency to meet the purposes of this provision and that total 
administrative costs shall not exceed three percent of the total 
appropriation: Provided further, That the Comptroller General shall 
audit the use of these funds by the American Red Cross: Provided 
further, That such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287

                               CHAPTER 11

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

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

                         medical administration

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

                           medical facilities

    For an additional amount for ``Medical facilities'' for expenses 
related to recent natural disasters in the Southeast, $46,909,000, 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.

                      Departmental Administration

                       general operating expenses

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

                    national cemetery administration

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

                      construction, minor projects

    For an additional amount for ``Construction, minor projects'', for 
expenses related to recent natural disasters in the Southeast, 
$36,343,000, 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.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

  For an additional amount for ``Community development block grants'', 
as authorized under title I of the Housing and Community Development 
Act of 1974 (Act), for use only for disaster relief, long-term 
recovery, and mitigation in communities affected by disasters 
designated by the President during fiscal year 2004, except those 
activities reimbursable by the Federal Emergency Management Agency or 
available through the Small Business Administration, and for 
reimbursement for expenditures incurred from the regular Community 
Development Block Grant formula allocation used to achieve these same 
purposes, $150,000,000, to remain available until September 30, 2007: 
Provided, That the amounts provided herein are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287: Provided further, That all funds under this 
heading shall be awarded by the Secretary to states (including Indian 
tribes for all purposes under this heading) to be administered by each 
state in conjunction with its community development block grants 
program: Provided further, That notwithstanding 42 U.S.C. 5306(d)(2), 
states are authorized to provide such assistance to entitlement 
communities: Provided further, That in administering these funds, the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use by the 
recipient of these funds (except for requirements related to fair 
housing, nondiscrimination, labor standards, and the environment), upon 
a finding that such waiver is required to facilitate the use of such 
funds, and would not be inconsistent with the overall purpose of the 
statute: Provided further, That the Secretary may waive the 
requirements that activities benefit persons of low and moderate 
income, except that at least 50 percent of the funds under this heading 
must benefit primarily persons of low and moderate income unless the 
Secretary makes a finding of compelling need: Provided further, That 
the Secretary shall publish in the Federal Register any waiver of any 
statute or regulation authorized under this heading no later than 5 
days before the effective date of such waiver: Provided further, That 
any project or activity underway prior to a Presidential disaster 
declaration may not receive funds under this heading unless the 
disaster directly impacted the project: Provided further, That each 
state shall provide not less than 25 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

             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, 
$185,000,000, 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

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

                               CHAPTER 12

                      GENERAL PROVISION--THIS ACT

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