II 

108TH CONGRESS 

2D SESSION H. R. 5212 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2004 

Received 

AN ACT 

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2005, for additional disaster 

assistance relating to storm damage, 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, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2005, to provide emer4 gency supplemental appropriations for additional disaster 

5 assistance relating to storm damage, and for other pur6 poses, namely: 

7 DEPARTMENT OF AGRICULTURE 

8 FOREST SERVICE

9 NATIONAL FOREST SYSTEM

10 For an additional amount for ‘‘National Forest Sys11 tem,’’ $2,000,000, to remain available until expended, for 

12 emergency hurricane-related expenses: Provided, That 

13 Congress designates this amount as an emergency require14 ment for this specific purpose. 

15 CAPITAL IMPROVEMENTS AND MAINTENANCE

16 For an additional amount for ‘‘Capital Improvements 

17 and Maintenance’’, $33,000,000, to remain available until 

18 expended, for emergency hurricane-related expenses: Pro19 vided, That Congress designates this amount as an emer20 gency requirement for this specific purpose. 

21 GENERAL PROVISIONS—DEPARTMENT OF AGRICULTURE

22 AGRICULTURAL ASSISTANCE

23 AGRICULTURAL HURRICANE ASSISTANCE

24 SEC. 101. AGRICULTURAL DISASTER ASSISTANCE. 

25 (a) CROP DISASTER ASSISTANCE.— 

26 (1) DEFINITIONS.—In this subsection: 
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1 (A) ADDITIONAL COVERAGE.—The term 

2 ‘‘additional coverage’’ has the meaning given 

3 the term in section 502(b) of the Federal Crop 

4 Insurance Act (7 U.S.C. 1502(b)). 

5 (B) INSURABLE COMMODITY.—The term 

6 ‘‘insurable commodity’’ means an agricultural 

7 commodity (excluding livestock) for which the 

8 producers on a farm are eligible to obtain a pol9 icy or plan of insurance under the Federal Crop 

10 Insurance Act (7 U.S.C. 1501 et seq.). 

11 (C) NONINSURABLE COMMODITY.—The 

12 term ‘‘noninsurable commodity’’ means an agri13 cultural commodity for which the producers on 

14 a farm are eligible to obtain assistance under 

15 section 196 of the Federal Agriculture Improve16 ment and Reform Act of 1996 (7 U.S.C. 7333). 

17 (2) EMERGENCY FINANCIAL ASSISTANCE.—Not18 withstanding section 508(b)(7) of the Federal Crop 

19 Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary 

20 of Agriculture shall use such sums as are necessary 

21 of funds of the Commodity Credit Corporation to 

22 make emergency financial assistance authorized 

23 under this subsection available to producers on a 

24 farm that have incurred qualifying crop or quality 

25 losses for the 2003 or 2004 crop (as elected by a 
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1 producer), but not both crops, due to damaging 

2 weather or related condition, as determined by the 

3 Secretary. 

4 (3) ADMINISTRATION.—The Secretary shall 

5 make assistance available under this subsection in 

6 the same manner as provided under section 815 of 

7 the Agriculture, Rural Development, Food and Drug 

8 Administration, and Related Agencies Appropria9 tions Act, 2001 (Public Law 106–387; 114 Stat. 

10 1549A–55), including using the same loss thresholds 

11 for the quantity and quality losses as were used in 

12 administering that section. 

13 (4) INELIGIBILITY FOR ASSISTANCE.—Except 

14 as provided in paragraph (5), the producers on a 

15 farm shall not be eligible for assistance under this 

16 subsection with respect to losses to an insurable 

17 commodity or noninsurable commodity if the pro18 ducers on the farm— 

19 (A) in the case of an insurable commodity, 

20 did not obtain a policy or plan of insurance for 

21 the insurable commodity under the Federal 

22 Crop Insurance Act (7 U.S.C. 1501 et seq.) for 

23 the crop incurring the losses; and 

24 (B) in the case of a noninsurable com25 modity, did not file the required paperwork, and 
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1 pay the administrative fee by the applicable 

2 State filing deadline, for the noninsurable com3 modity under section 196 of the Federal Agri4 culture Improvement and Reform Act of 1996 

5 (7 U.S.C. 7333) for the crop incurring the 

6 losses. 

7 (5) CONTRACT WAIVER.—The Secretary may 

8 waive paragraph (4) with respect to the producers 

9 on a farm if the producers enter into a contract with 

10 the Secretary under which the producers agree— 

11 (A) in the case of an insurable commodity, 

12 to obtain a policy or plan of insurance under 

13 the Federal Crop Insurance Act (7 U.S.C. 1501 

14 et seq.) providing additional coverage for the in15 surable commodity for each of the next 2 crops; 

16 and 

17 (B) in the case of a noninsurable com18 modity, to file the required paperwork and pay 

19 the administrative fee by the applicable State 

20 filing deadline, for the noninsurable commodity 

21 for each of the next 2 crops under section 196 

22 of the Federal Agriculture Improvement and 

23 Reform Act of 1996 (7 U.S.C. 7333). 

24 (6) EFFECT OF VIOLATION.—In the event of 

25 the violation of a contract under paragraph (5) by 
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1 a producer, the producer shall reimburse the Sec2 retary for the full amount of the assistance provided 

3 to the producer under this subsection. 

4 (7) PAYMENT LIMITATIONS.— 

5 (A) LIMIT ON AMOUNT OF ASSISTANCE.— 

6 Assistance provided under this subsection to a 

7 producer for losses to a crop, together with the 

8 amounts specified in subparagraph (B) applica9 ble to the same crop, may not exceed 95 per10 cent of what the value of the crop would have 

11 been in the absence of the losses, as estimated 

12 by the Secretary. 

13 (B) OTHER PAYMENTS.—In applying the 

14 limitation in subparagraph (A), the Secretary 

15 shall include the following: 

16 (i) Any crop insurance payment made 

17 under the Federal Crop Insurance Act (7 

18 U.S.C. 1501 et seq.) or payment under 

19 section 196 of the Federal Agricultural Im20 provement and Reform Act of 1996 (7 

21 U.S.C. 7333) that the producer receives 

22 for losses to the same crop. 

23 (ii) The value of the crop that was not 

24 lost (if any), as estimated by the Secretary. 
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1 (C) EFFECT OF FLORIDA DISASTER PRO2 GRAMS.—The amount of assistance that a pro3 ducer would otherwise receive under this sub4 section shall be reduced by the amount of as5 sistance that the producer receives for the same 

6 loss under the Florida Disaster Programs car7 ried out pursuant to the Farm Service Agency 

8 notice (DAP–203) released October 4, 2004. 

9 (b) LIVESTOCK ASSISTANCE PROGRAM.— 

10 (1) EMERGENCY FINANCIAL ASSISTANCE.—The 

11 Secretary of Agriculture shall use such sums as are 

12 necessary of funds of the Commodity Credit Cor13 poration to make and administer payments for live14 stock losses to producers for 2003 or 2004 losses (as 

15 elected by a producer), but not both, in a county 

16 that has received an emergency designation by the 

17 President or the Secretary after January 1, 2003, of 

18 which an amount determined by the Secretary shall 

19 be made available for the American Indian livestock 

20 program under section 806 of the Agriculture, Rural 

21 Development, Food and Drug Administration, and 

22 Related Agencies Appropriations Act, 2001 (Public 

23 Law 106–387; 114 Stat. 1549A–51). 

24 (2) ADMINISTRATION.—The Secretary shall 

25 make assistance available under this subsection in 
8 

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1 the same manner as provided under section 806 of 

2 the Agriculture, Rural Development, Food and Drug 

3 Administration, and Related Agencies Appropria4 tions Act, 2001 (Public Law 106–387; 114 Stat. 

5 1549A–51). 

6 (3) MITIGATION.—In determining the eligibility 

7 for or amount of payments for which a producer is 

8 eligible under the livestock assistance program, the 

9 Secretary shall not penalize a producer that takes 

10 actions (recognizing disaster conditions) that reduce 

11 the average number of livestock the producer owned 

12 for grazing during the production year for which as13 sistance is being provided. 

14 (c) TREE ASSISTANCE PROGRAM.— 

15 (1) EMERGENCY ASSISTANCE.—The Secretary 

16 of Agriculture shall use such sums as are necessary 

17 of the funds of the Commodity Credit Corporation to 

18 provide assistance under the tree assistance program 

19 established under sections 10201 through 10204 of 

20 the Farm Security and Rural Investment Act of 

21 2002 (7 U.S.C. 8201 et seq.) to producers who suf22 fered tree losses during the period beginning on De23 cember 1, 2003, and ending on December 31, 2004. 

24 (2) ADDITIONAL ASSISTANCE.—In addition to 

25 providing assistance to eligible orchardists under the 
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1 tree assistance program, the Secretary shall use an 

2 additional $15,000,000 of the funds of the Com3 modity Credit Corporation to provide reimbursement 

4 under section 10203 of the Farm Security and 

5 Rural Investment Act of 2002 (7 U.S.C. 8203) to el6 igible forest land owners who produce periodic crops 

7 of timber from trees for commercial purposes and 

8 who have suffered tree losses during the period spec9 ified in paragraph (1). 

10 (d) EMERGENCY CONSERVATION PROGRAM.—The 

11 Secretary of Agriculture shall use an additional 

12 $50,000,000 of the funds of the Commodity Credit Cor13 poration to provide assistance under the Emergency Con14 servation Program under title IV of the Agriculture Credit 

15 Act of 1978 (16 U.S.C. 2201 et seq.). Participants in the 

16 Emergency Conservation Program shall receive the max17 imum cost share percentage allowed under section 701.26 

18 of title 7, Code of Federal Regulations. 

19 (e) OFFSET.—Section 1241(a)(3) of the Food Secu20 rity Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by 

21 inserting before the period at the end the following: ‘‘, 

22 using not more than $6,037,000,000 for the period of fis23 cal years 2005 through 2014’’. 

24 (f) CLEAN-UP ASSISTANCE.—The Secretary shall 

25 provide up to $100,000,000 of Commodity Credit Cor-
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1 poration funds for the Emergency Watershed Protection 

2 Program and/or the Emergency Conservation Program to 

3 carry out additional activities in response to the 2004 hur4 ricanes and tropical storms, including the provision of 

5 technical and financial assistance for improvements and 

6 clean-up. Persons that received payments from section 32 

7 of the Act of August 24, 1935 with respect to 2004 hurri8 cane losses are not eligible for these funds. Funds will be 

9 allocated to the programs, as determined by the Secretary. 

10 (g) SECTION 32 PAYMENTS.—The Secretary shall 

11 transfer $90,000,000 of funds of the Commodity Credit 

12 Corporation to the fund established by section 32 of the 

13 Act of August 24, 1935 (7 U.S.C. 612c), to carry out pay14 ments with respect to 2004 hurricane losses. 

15 (h) The Secretary shall use the funds, facilities, and 

16 authorities of the Commodity Credit Corporation to carry 

17 out this section, to remain available through September 

18 30, 2006. 

19 (i) The Secretary may promulgate such regulations 

20 as are necessary to implement this section, provided that 

21 the Secretary shall use the authority provided under 5 

22 U.S.C. 808. 

23 (j) Congress designates the amounts provided under 

24 this section as an emergency requirement for the specific 

25 purposes authorized herein. 
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1 SEC. 102. In addition to amounts otherwise provided, 

2 up to $130,000,000, to remain available until expended, 

3 for the Emergency Watershed Protection Program and/ 

4 or the Emergency Conservation Program for emergency 

5 hurricane-related expenses including the provision of tech6 nical and financial assistance for improvements and clean7 up: Provided, That Congress designates this amount as 

8 an emergency requirement for these purposes. Persons 

9 that received payments from section 32 of the Act of Au10 gust 24, 1935 with respect to 2004 hurricane losses are 

11 not eligible for these funds. 

12 DEPARTMENT OF COMMERCE 

13 NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION

15 OPERATIONS, RESEARCH, AND FACILITIES

16 For an additional amount for ‘‘Operations, Research, 

17 and Facilities’’, $7,900,000, to remain available until ex18 pended: Provided, That Congress designates this amount 

19 as an emergency requirement for this specific purpose. 

20 PROCUREMENT, ACQUISITION AND CONSTRUCTION

21 For an additional amount for ‘‘Procurement, Acquisi22 tion and Construction’’, $6,800,000, to remain available 

23 until expended: Provided, That Congress designates this 

24 amount as an emergency requirement for this specific pur25 pose. 
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1 DEPARTMENT OF DEFENSE 

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, NAVY

4 For an additional amount for ‘‘Military Personnel, 

5 Navy’’, $1,000,000, to remain available until September 

6 30, 2005, for emergency hurricane-related expenses, for 

7 the costs of evacuation, which shall be available for trans8 fer to reimburse costs incurred in FY 2004 as a result 

9 of emergency evacuations due to hurricanes: Provided, 

10 That Congress designates this amount as an emergency 

11 requirement for this specific purpose. 

12 MILITARY PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘Military Personnel, 

14 Air Force’’, $13,225,000, to remain available until Sep15 tember 30, 2005, for emergency hurricane-related ex16 penses, for the costs of evacuation, which shall be available 

17 for transfer to reimburse costs incurred in FY 2004 as 

18 a result of emergency evacuations due to hurricanes: Pro19 vided, That Congress designates this amount as an emer20 gency requirement for this specific purpose. 

21 OPERATION AND MAINTENANCE

22 OPERATION AND MAINTENANCE, ARMY

23 For an additional amount for ‘‘Operation and Main24 tenance, Army’’, $2,844,000, to remain available until 

25 September 30, 2005, for emergency hurricane-related ex26 penses, for the costs of repairs to structures and equip-
13 

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1 ment, evacuation, base preparation, and base recovery; of 

2 which not to exceed 25 percent shall be available for trans3 fer to reimburse costs incurred in FY 2004 as a result 

4 of emergency evacuations and immediate recovery related 

5 to basic infrastructure due to hurricanes: Provided, That 

6 Congress designates these amounts as an emergency re7 quirement for this specific purpose. 

8 OPERATION AND MAINTENANCE, NAVY

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy’’, $404,591,000, to remain available until 

11 September 30, 2005, for emergency hurricane-related ex12 penses, for the costs of repairs to structures and equip13 ment, evacuation, base preparation, and base recovery; of 

14 which not to exceed 25 percent shall be available for trans15 fer to reimburse costs incurred in FY 2004 as a result 

16 of emergency evacuations and immediate recovery related 

17 to basic infrastructure due to hurricanes: Provided, That 

18 Congress designates these amounts as an emergency re19 quirement for this specific purpose. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Main22 tenance, Air Force’’, $128,672,000, to remain available 

23 until September 30, 2005, for emergency hurricane-re24 lated expenses, for the costs of repairs to structures and 

25 equipment, evacuation, base preparation, and base recov26 ery; of which not to exceed 25 percent shall be available 
14 

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1 for transfer to reimburse costs incurred in FY 2004 as 

2 a result of emergency evacuations and immediate recovery 

3 related to basic infrastructure due to hurricanes: Provided, 

4 That Congress designates these amounts as an emergency 

5 requirement for this specific purpose. 

6 OPERATION AND MAINTENANCE, DEFENSE-WIDE

7 For an additional amount for ‘‘Operation and Main8 tenance, Defense-Wide’’, $172,506,000, to remain avail9 able until September 30, 2005, for emergency hurricane10 related expenses, for the costs of repairs to structures and 

11 equipment, evacuation, base preparation, base recovery, 

12 and delayed satellite launches; of which not to exceed 25 

13 percent shall be available for transfer to reimburse costs 

14 incurred in FY 2004 as a result of emergency evacuations 

15 and immediate recovery related to basic infrastructure due 

16 to hurricanes: Provided, That Congress designates these 

17 amounts as an emergency requirement for this specific 

18 purpose: Provided further, That the Secretary of Defense 

19 may transfer these funds to appropriations for military 

20 personnel; operation and maintenance; procurement; and 

21 family housing: Provided further, That funds transferred 

22 shall be merged with and made available for the same pur23 poses and for the same time period as the appropriation 

24 to which transferred: Provided further, That this transfer 

25 authority is in addition to any other transfer authority 

26 available to the Department of Defense. 
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Army Reserve’’, $1,442,000, to remain available 

4 until September 30, 2005, for emergency hurricane-re5 lated expenses, for the costs of repairs to structures and 

6 equipment, evacuation, base preparation, and base recov7 ery; of which not to exceed 25 percent shall be available 

8 for transfer to reimburse costs incurred in FY 2004 as 

9 a result of emergency evacuations and immediate recovery 

10 related to basic infrastructure due to hurricanes: Provided, 

11 That Congress designates these amounts as an emergency 

12 requirement for this specific purpose. 

13 OPERATION AND MAINTENANCE, NAVY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy Reserve’’, $399,000, to remain available 

16 until September 30, 2005, for emergency hurricane-re17 lated expenses, for the costs of repairs to structures and 

18 equipment, evacuation, base preparation, and base recov19 ery; of which not to exceed 25 percent shall be available 

20 for transfer to reimburse costs incurred in FY 2004 as 

21 a result of emergency evacuations and immediate recovery 

22 related to basic infrastructure due to hurricanes: Provided, 

23 That Congress designates these amounts as an emergency 

24 requirement for this specific purpose. 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Main3 tenance, Army National Guard’’, $3,350,000, to remain 

4 available until September 30, 2005, for emergency hurri5 cane-related expenses, for the costs of repairs to structures 

6 and equipment, evacuation, base preparation, and base re7 covery; of which not to exceed 25 percent shall be available 

8 for transfer to reimburse costs incurred in FY 2004 as 

9 a result of emergency evacuations and immediate recovery 

10 related to basic infrastructure due to hurricanes: Provided, 

11 That Congress designates these amounts as an emergency 

12 requirement for this specific purpose. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For an additional amount for ‘‘Operation and Main15 tenance, Air National Guard’’, $1,085,000, to remain 

16 available until September 30, 2005, for emergency hurri17 cane-related expenses, for the costs of repairs to structures 

18 and equipment, evacuation, base preparation, and base re19 covery; of which not to exceed 25 percent shall be available 

20 for transfer to reimburse costs incurred in FY 2004 as 

21 a result of emergency evacuations and immediate recovery 

22 related to basic infrastructure due to hurricanes: Provided, 

23 That Congress designates these amounts as an emergency 

24 requirement for this specific purpose. 
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $10,286,000, to remain available until September 

5 30, 2005, for emergency hurricane-related expenses, for 

6 the costs of repairs to structures and equipment, evacu7 ation, base preparation, and base recovery: Provided, That 

8 Congress designates this amount as an emergency require9 ment for this specific purpose. 

10 PROCUREMENT

11 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force,’’ $2,500,000, to remain available until Sep14 tember 30, 2005, for emergency hurricane-related ex15 penses and replacement of destroyed or damaged equip16 ment: Provided, That Congress designates these amounts 

17 as an emergency requirement for this specific purpose. 

18 PROCUREMENT, DEFENSE-WIDE

19 For an additional amount for ‘‘Procurement, De20 fense-Wide’’, $102,500,000, to remain available until Sep21 tember 30, 2005 for emergency hurricane-related ex22 penses, for the costs of repairs to structures and facilities, 

23 replacement of destroyed or damaged equipment, and 

24 preparation and recovery of naval vessels under construc25 tion: Provided, That Congress designates these amounts 

26 as an emergency requirement for this specific purpose: 
18 

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1 Provided further, That the Secretary of Defense may 

2 transfer these funds to appropriations for procurement; 

3 research, development, test, and evaluation; and military 

4 construction: Provided further, That funds transferred 

5 shall be merged with and made available for the same pur6 poses and for the same time period as the appropriation 

7 to which transferred: Provided further, That this transfer 

8 authority is in addition to any other transfer authority 

9 available to the Department of Defense: Provided further, 

10 That such funds may be obligated and expended to carry 

11 out rebuilding of military construction projects not other12 wise authorized by law. 

13 MILITARY CONSTRUCTION

14 MILITARY CONSTRUCTION, NAVY

15 For an additional amount for ‘‘Military Construction, 

16 Navy’’, $138,800,000, to remain available until September 

17 30, 2005, for emergency hurricane-related expenses, for 

18 the costs of repairs to structures and facilities: Provided, 

19 That Congress designates this amount as an emergency 

20 requirement for this specific purpose: Provided further, 

21 That such funds may be obligated and expended to carry 

22 out rebuilding of military construction projects not other23 wise authorized by law. 

24 MILITARY CONSTRUCTION, ARMY RESERVE

25 For an additional amount for ‘‘Military Construction, 

26 Army Reserve’’, $8,700,000, to remain available until Sep-
19 

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1 tember 30, 2005, for emergency hurricane-related ex2 penses, for the costs of repairs to structures and facilities: 

3 Provided, That Congress designates this amount as an 

4 emergency requirement for this specific purpose: Provided 

5 further, That such funds may be obligated and expended 

6 to carry out rebuilding of military construction projects 

7 not otherwise authorized by law. 

8 BASE REALIGNMENT AND CLOSURE ACCOUNT

9 For an additional amount for ‘‘Base Realignment and 

10 Closure Account’’, $50,000, to remain available until Sep11 tember 30, 2005, for emergency hurricane-related ex12 penses, for the costs of repairs to structures and equip13 ment: Provided, That Congress designates this amount as 

14 an emergency requirement for this specific purpose. 

15 FAMILY HOUSING

16 FAMILY HOUSING, OPERATION AND MAINTENANCE, ARMY

17 For an additional amount for ‘‘Family Housing, Op18 eration and Maintenance, Army’’, $313,000, to remain 

19 available until September 30, 2005, for emergency hurri20 cane-related expenses, for the costs of repairs to structures 

21 and equipment, evacuation, base preparation, and base re22 covery: Provided, That Congress designates this amount 

23 as an emergency requirement for this specific purpose. 
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1 FAMILY HOUSING, OPERATION AND MAINTENANCE, NAVY

2 AND MARINE CORPS

3 For an additional amount for ‘‘Family Housing, Op4 eration and Maintenance, Navy and Marine Corps’’, 

5 $3,276,000, to remain available until September 30, 2005, 

6 for emergency hurricane-related expenses, for the costs of 

7 repairs to structures and equipment, evacuation, base 

8 preparation, and base recovery: Provided, That Congress 

9 designates this amount as an emergency requirement for 

10 this specific purpose. 

11 FAMILY HOUSING, OPERATION AND MAINTENANCE, AIR

12 FORCE

13 For an additional amount for ‘‘Family Housing, Op14 eration and Maintenance, Air Force’’, $5,600,000, to re15 main available until September 30, 2005, for emergency 

16 hurricane-related expenses, for the costs of repairs to 

17 structures and equipment, evacuation, base preparation, 

18 and base recovery: Provided, That Congress designates 

19 this amount as an emergency requirement for this specific 

20 purpose. 

21 REVOLVING AND MANAGEMENT FUNDS

22 WORKING CAPITAL FUND, DEFENSE-WIDE

23 For an additional amount for ‘‘Working Capital 

24 Fund, Defense-Wide’’, $77,000,000, to remain available 

25 until September 30, 2005, for emergency hurricane-re26 lated expenses, for the costs of repairs to structures and 
21 

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1 equipment, and base recovery: Provided, That Congress 

2 designates this amount as an emergency requirement for 

3 this specific purpose. 

4 GENERAL PROVISIONS—DEPARTMENT OF DEFENSE

5 GENERAL TRANSFER AUTHORITY

6 SEC. 201. Upon his determination that such action 

7 is necessary in the national interest, the Secretary of De8 fense may transfer between appropriations up to 

9 $210,000,000 of the funds made available to the Depart10 ment of Defense in this title: Provided, That the Secretary 

11 shall notify the Congress promptly of each transfer made 

12 pursuant to this authority: Provided further, That the 

13 transfer authority provided in this section is in addition 

14 to any other transfer authority available to the Depart15 ment of Defense: Provided further, That the authority in 

16 this section is subject to the same terms and conditions 

17 as the authority provided in section 8005 of the Depart18 ment of Defense Appropriations Act, 2005, except for the 

19 fourth proviso. 

20 SEC. 202. Funds appropriated in this title, or made 

21 available by the transfer of funds in or pursuant to this 

22 title, for intelligence activities are deemed to be specifically 

23 authorized by the Congress for purposes of section 504 

24 of the National Security Act of 1947 (50 U.S.C. 414). 
22 

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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 DEPARTMENTAL MANAGEMENT

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 For an additional amount for ‘‘Public Health and So7 cial Services Emergency Fund’’ to support aging services, 

8 social services and health services associated with natural 

9 disaster recovery and response efforts, $50,000,000, to re10 main available until expended: Provided, That Congress 

11 designates this amount as an emergency requirement for 

12 this specific purpose. 

13 DEPARTMENT OF HOMELAND SECURITY 

14 EMERGENCY PREPAREDNESS AND RESPONSE

15 DISASTER RELIEF FUND

16 For an additional amount for necessary expenses 

17 under the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5121 et seq.), 

19 $6,500,000,000, to remain available until expended: Pro20 vided, That Congress designates this amount as an emer21 gency requirement for this specific purpose. 

22 UNITED STATES COAST GUARD

23 OPERATING EXPENSES

24 For an additional amount for ‘‘Operating Expenses’’, 

25 $26,000,000, to remain available until expended for emer-
23 

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1 gency hurricane-related expenses: Provided, That Con2 gress designates this amount as an emergency require3 ment for this specific purpose. 

4 DEPARTMENT HOUSING AND URBAN 

5 DEVELOPMENT 

6 COMMUNITY PLANNING AND DEVELOPMENT

7 COMMUNITY DEVELOPMENT FUND

8 For an additional amount for ‘‘Community Develop9 ment Fund’’, as authorized under title I of the Housing 

10 and Community Development Act of 1974 (Act), for emer11 gency expenses resulting from natural disasters in Florida, 

12 except those activities reimbursable by the Federal Emer13 gency Management Agency or available through the Small 

14 Business Administration, and for reimbursement for ex15 penditures incurred from the regular Community Develop16 ment Block Grant formula allocation used to achieve these 

17 same purposes, $150,000,000, to remain available until 

18 September 30, 2007: Provided, That Congress designates 

19 this amount as an emergency requirement for this specific 

20 purpose: Provided further, That such funds may be award21 ed to the State of Florida for affected areas: Provided fur22 ther, That notwithstanding 42 U.S.C. 5306 (d) (2), the 

23 State of Florida is authorized to provide such assistance 

24 to entitlement communities: Provided further, That in ad25 ministering these funds for economic revitalization activi-
24 

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1 ties in Florida, the Secretary may waive, or specify alter2 native requirements for, any provision of any statute or 

3 regulation that the Secretary administers in connection 

4 with the obligation by the Secretary or the use by the re5 cipient of these funds (except for requirements related to 

6 fair housing, nondiscrimination, labor standards, and the 

7 environment), upon a finding that such waiver is required 

8 to facilitate the use of such funds, and would not be incon9 sistent with the overall purpose of the statute or regula10 tion: Provided further, That for activities funded by 

11 amounts provided herein, the Secretary may waive, on a 

12 case-by-case basis and upon such other terms as the Sec13 retary may specify, in whole or in part, the requirements 

14 that activities principally benefit persons of low- and mod15 erate-income pursuant to 42 U.S.C. 5301(c) and 

16 5304(b)(3): Provided further, That the Secretary shall 

17 publish in the Federal Register any waiver of any statute 

18 or regulation authorized under this heading no later than 

19 5 days before the effective date of such waiver. 

20 DEPARTMENT OF THE INTERIOR 

21 UNITED STATES GEOLOGICAL SURVEY

22 SURVEYS, INVESTIGATIONS, AND RESEARCH

23 For an additional amount for ‘‘Surveys, Investiga24 tions, and Research’’, $1,000,000, to remain available 

25 until expended for emergency hurricane-related expenses: 
25 

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1 Provided, That Congress designates this amount as an 

2 emergency requirement for this specific purpose. 

3 FISH AND WILDLIFE SERVICE

4 RESOURCE MANAGEMENT

5 For an additional amount for ‘‘Resource Manage6 ment’’, $2,700,000, to remain available until expended for 

7 emergency hurricane-related expenses: Provided, That 

8 Congress designates this amount as an emergency require9 ment for this specific purpose. 

10 CONSTRUCTION

11 For an additional amount for ‘‘Construction’’, 

12 $24,700,000, to remain available until expended for emer13 gency hurricane-related expenses: Provided, That Con14 gress designates this amount as an emergency require15 ment for this specific purpose. 

16 NATIONAL PARK SERVICE

17 CONSTRUCTION AND MAJOR MAINTENANCE

18 For an additional amount for ‘‘Construction and 

19 Major Maintenance’’, $48,900,000, to remain available 

20 until expended for emergency hurricane-related expenses: 

21 Provided, That Congress designates this amount as an 

22 emergency requirement for this specific purpose. 
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1 DEPARTMENT OF JUSTICE 

2 FEDERAL PRISON SYSTEM

3 BUILDINGS AND FACILITIES

4 For an additional amount for ‘‘Buildings and Facili5 ties’’, $18,600,000, to remain available until expended for 

6 emergency hurricane-related expenses: Provided, That 

7 Congress designates this amount as an emergency require8 ment for this specific purpose. 

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, $5,500,000, to remain available until expended 

12 for emergency hurricane-related expenses: Provided, That 

13 Congress designates this amount as an emergency require14 ment for this specific purpose. 

15 DEPARTMENT OF TRANSPORTATION 

16 FEDERAL AVIATION ADMINISTRATION

17 OPERATIONS

18 For an additional amount for ‘‘Operations’’, 

19 $5,100,000, to remain available until expended for emer20 gency hurricane-related expenses: Provided, That Con21 gress designates this amount as an emergency require22 ment for this specific purpose. 

23 EMERGENCY ASSISTANCE TO AIRPORTS

24 (AIRPORT AND AIRWAY TRUST FUND)

25 Notwithstanding any other provision of law, for emer26 gency hurricane-related insurance-ineligible capital costs 
27 

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1 to repair or replace public-use airport-related facilities at 

2 public-use airports identified in the National Plan of Inte3 grated Airport Systems, to enable the Federal Aviation 

4 Administration to compensate entities for such capital 

5 costs, up to $25,000,000, to be derived from the Airport 

6 and Airway Trust Fund, to remain available until June 

7 30, 2006: Provided, That Congress designates this amount 

8 as an emergency requirement for this specific purpose. 

9 FEDERAL HIGHWAY ADMINISTRATION

10 FEDERAL-AID HIGHWAYS

11 EMERGENCY RELIEF PROGRAM

12 (HIGHWAY TRUST FUND)

13 For an additional amount for the Emergency Relief 

14 Program for emergency expenses resulting from 2004 

15 Hurricanes Charley, Frances, Ivan, and Jeanne, as au16 thorized by title 23 U.S.C. 125, $800,000,000, to be de17 rived from the Highway Trust Fund (other than the Mass 

18 Transit Account): Provided, That notwithstanding 23 

19 U.S.C. 125(d)(1), the Secretary of Transportation may 

20 obligate more than $100,000,000 for projects arising from 

21 Hurricanes Charley, Frances, Ivan, and Jeanne: Provided 

22 further, That any amounts in excess of those necessary 

23 for emergency expenses relating to the above hurricanes 

24 may be used for other projects authorized under 23 U.S.C. 

25 125: Provided further, That amounts provided herein shall 

26 remain available until expended: Provided further, That 
28 

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1 the entire amount is designated by the Congress as an 

2 emergency requirement for this specific purpose. 

3 DEPARTMENT OF VETERANS AFFAIRS 

4 VETERANS HEALTH ADMINISTRATION

5 MEDICAL SERVICES

6 For an additional amount for ‘‘Medical Services’’, 

7 $38,283,000, to remain available until September 30, 

8 2005, for emergency hurricane-related expenses: Provided, 

9 That Congress designates this amount as an emergency 

10 requirement for this specific purpose. 

11 MEDICAL FACILITIES

12 For an additional amount for ‘‘Medical Facilities’’, 

13 $46,910,000, to remain available until expended for emer14 gency hurricane-related expenses: Provided, That Con15 gress designates this amount as an emergency require16 ment for this specific purpose. 

17 MEDICAL ADMINISTRATION

18 For an additional amount for ‘‘Medical Administra19 tion’’, $1,939,000, to remain available until September 30, 

20 2005, for emergency hurricane-related expenses: Provided, 

21 That Congress designates this amount as an emergency 

22 requirement for this specific purpose. 

23 DEPARTMENTAL ADMINISTRATION 

24 GENERAL OPERATING EXPENSES

25 For an additional amount for ‘‘General Operating 

26 Expenses’’, $545,000, to remain available until September 
29 

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1 30, 2005, for emergency hurricane-related expenses: Pro2 vided, That Congress designates this amount as an emer3 gency requirement for this specific purpose. 

4 NATIONAL CEMETERY ADMINISTRATION

5 For an additional amount for ‘‘National Cemetery 

6 Administration’’, $50,000, to remain available until Sep7 tember 30, 2005, for hurricane-related expenses: Provided, 

8 That Congress designates this amount as an emergency 

9 requirement for this specific purpose. 

10 CONSTRUCTION, MINOR PROJECTS

11 For an additional amount for ‘‘Construction, Minor 

12 Projects’’, $36,343,000, to remain available until ex13 pended for emergency hurricane-related expenses: Pro14 vided, That Congress designates this amount as an emer15 gency requirement for this specific purpose. 

16 CORPS OF ENGINEERS—CIVIL WORKS 

17 OPERATION AND MAINTENANCE, GENERAL

18 For an additional amount for ‘‘Operation and Main19 tenance, General’’ for hurricane-related expenses nec20 essary to dredge navigation channels and repair other 

21 Corps projects, $94,000,000, to remain available until ex22 pended: Provided, That Congress designates this amount 

23 as an emergency requirement for this specific purpose. 

24 FLOOD CONTROL AND COASTAL EMERGENCIES

25 For an additional amount for ‘‘Flood Control and 

26 Coastal Emergencies’’ as authorized by section 5 of the 
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1 Flood Control Act of August 16, 1941, as amended (33 

2 USC 701n), for emergency hurricane-related expenses 

3 from coastal storm damages and flooding, $147,000,000, 

4 to remain available until expended: Provided, That Con5 gress designates this amount as an emergency require6 ment for this specific purpose. 

7 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

8 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS9 SISSIPPI, MISSOURI, AND TENNESSEE

10 For an additional amount for ‘‘Flood Control, Mis11 sissippi River and Tributaries, Arkansas, Illinois, Ken12 tucky, Louisiana, Mississippi, Missouri, and Tennessee’’ 

13 to cover the additional costs of dredging and mat laying 

14 operations on the main stem of the lower Mississippi River 

15 due to hurricanes and other severe storms, $4,000,000, 

16 to remain available until expended: Provided, That Con17 gress designates this amount as an emergency require18 ment for this specific purpose. 

19 ENVIRONMENTAL PROTECTION AGENCY 

20 BUILDINGS AND FACILITIES

21 For an additional amount for ‘‘Buildings and Facili22 ties,’’ $3,000,000, to remain available until expended, for 

23 emergency hurricane-related expenses: Provided, That 

24 Congress designates this amount as an emergency require25 ment for this specific purpose. 
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1 INTERNATIONAL ASSISTANCE PROGRAMS 

2 AGENCY FOR INTERNATIONAL DEVELOPMENT

3 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

4 For an additional amount for ‘‘International Disaster 

5 and Famine Assistance’’, $100,000,000, to remain avail6 able until expended, for emergency hurricane-related ex7 penses without regard to section 10 of Public Law 91– 

8 672 and section 15 of the State Department Basic Au9 thorities Act of 1956: Provided, That Congress designates 

10 this amount as an emergency requirement for this specific 

11 purpose. 

12 NATIONAL AERONAUTICS AND SPACE 

13 ADMINISTRATION 

14 SPACE FLIGHT CAPABILITIES

15 For an additional amount for ‘‘Space Flight Capabili16 ties’’, to repair facilities damaged and take other emer17 gency measures due to the effects of hurricanes, 

18 $126,000,000, to remain available until expended: Pro19 vided, That Congress designates this amount as an emer20 gency requirement for this specific purpose. 

21 SMALL BUSINESS ADMINISTRATION 

22 DISASTER LOANS PROGRAM ACCOUNT

23 For an additional amount for ‘‘Disaster Loans Pro24 gram Account’’ for emergency expenses resulting from 

25 natural or other disasters, to remain available until ex-
32 

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1 pended, $501,000,000 for the cost of direct loans; and 

2 $428,000,000 for administrative expenses to carry out the 

3 disaster loan program, which may be transferred to the 

4 appropriations for ‘‘Salaries and expenses’’: Provided, 

5 That Congress designates these amounts as an emergency 

6 requirement for this specific purpose. 

7 EXECUTIVE OFFICE OF THE PRESIDENT 

8 UNANTICIPATED NEEDS

9 For an additional amount for ‘‘Unanticipated 

10 Needs’’, not to exceed $70,000,000, to remain available 

11 until September 30, 2005, for the American Red Cross 

12 for reimbursement of disaster relief and recovery expendi13 tures and emergency services associated with Hurricanes 

14 Charley, Frances and Ivan, and only to the extent funds 

15 are not made available for those activities by other federal 

16 sources: Provided, That these funds may be administered 

17 by any authorized federal government agency to meet the 

18 purposes of this provision and that total administrative 

19 costs shall not exceed three percent of the total appropria20 tion: Provided further, That the Comptroller General shall 

21 audit the use of these funds by the American Red Cross: 

22 Provided further, That Congress designates this amount 

23 as an emergency requirement for this specific purpose. 
33 

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1 This Act may be cited as the ‘‘Emergency Supple2 mental Appropriations for Hurricane Disasters Assistance 

3 Act, 2005’’. 

Passed the House of Representatives October 6, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.