I 

108TH CONGRESS 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, to provide emer6 gency supplemental appropriations for additional disaster 
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1 assistance relating to natural disasters, and for other pur2 poses, namely: 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 FARM SERVICE AGENCY

6 EMERGENCY CONSERVATION PROGRAM

7 For an additional amount for ‘‘Emergency Conserva8 tion Program’’, for expenses resulting from natural disas9 ters, $175,000,000, to remain available until expended: 

10 Provided, That the amounts provided under this heading 

11 are designated as an emergency requirement pursuant to 

12 section 402 of S. Con. Res. 95 (108th Congress), as made 

13 applicable to the House of Representatives by H. Res. 649 

14 (108th Congress) and applicable to the Senate by section 

15 14007 of Public Law 108–287. 

16 NATURAL RESOURCES CONSERVATION SERVICE

17 EMERGENCY WATERSHED PROTECTION PROGRAM

18 For an additional amount for ‘‘Emergency Watershed 

19 Protection Program’’ to repair damages to the waterways 

20 and watersheds resulting from natural disasters, 

21 $310,000,000, to remain available until expended: Pro22 vided, That the amounts provided under this heading are 

23 designated as an emergency requirement pursuant to sec24 tion 402 of S. Con. Res. 95 (108th Congress), as made 

25 applicable to the House of Representatives by H. Res. 649 
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1 (108th Congress) and applicable to the Senate by section 

2 14007 of Public Law 108–287. 

3 RURAL DEVELOPMENT

4 RURAL COMMUNITY ADVANCEMENT PROGRAM

5 For an additional amount for the ‘‘Rural Community 

6 Advancement Program’’, $68,000,000, to remain available 

7 until expended: Provided, That $50,000,000 shall be avail8 able for water and waste disposal grants described in sec9 tion 381E(d)(2) of the Consolidated Farm and Rural De10 velopment Act (7 U.S.C. 2009d): Provided further, That 

11 $18,000,000 shall be available for community facility 

12 grants described in 381E(d)(1) of the Consolidated Farm 

13 and Rural Development Act (7 U.S.C. 2009d): Provided 

14 further, That the amounts provided under this heading are 

15 designated as an emergency requirement pursuant to sec16 tion 402 of S. Con. Res. 95 (108th Congress), as made 

17 applicable to the House of Representatives by H. Res. 649 

18 (108th Congress) and applicable to the Senate by section 

19 14007 of Public Law 108–287. 

20 RURAL HOUSING SERVICE

21 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

22 For additional gross obligations for the principal 

23 amount of direct loans as authorized by title V of the 

24 Housing Act of 1949, to be available from funds in the 

25 rural housing insurance fund, $17,000,000 for section 504 
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1 housing repair loans: Provided, That this loan level shall 

2 be considered an estimate and not a limitation. 

3 For the additional cost of direct loans, including the 

4 cost of modifying loans, as defined in section 502 of the 

5 Congressional Budget Act of 1974: section 504 housing 

6 repair loans, $5,000,000, to remain available until ex7 pended: Provided, That the amounts provided under this 

8 heading are designated as an emergency requirement pur9 suant to section 402 of S. Con. Res. 95 (108th Congress), 

10 as made applicable to the House of Representatives by H. 

11 Res. 649 (108th Congress) and applicable to the Senate 

12 by section 14007 of Public Law 108–287. 

13 RURAL HOUSING ASSISTANCE GRANTS

14 For an additional amount for ‘‘Rural Housing Assist15 ance Grants’’, $13,000,000, to remain available until ex16 pended, of which $8,000,000 shall be for grants and con17 tracts for very low-income housing repair, made by the 

18 Rural Housing Service, as authorized by 42 U.S.C. 1474, 

19 and of which $5,000,000 shall be for domestic farm labor 

20 housing grants and contracts, as authorized by 42 U.S.C. 

21 1486: Provided, That the amounts provided under this 

22 heading are designated as an emergency requirement pur23 suant to section 402 of S. Con. Res. 95 (108th Congress), 

24 as made applicable to the House of Representatives by H. 

25 Res. 649 (108th Congress) and applicable to the Senate 

26 by section 14007 of Public Law 108–287. 
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1 GENERAL PROVISIONS—THIS CHAPTER 

2 SEC. 101. AGRICULTURAL HURRICANE ASSISTANCE. 

3 (a) CROP DISASTER ASSISTANCE.— 

4 (1)(A) The Secretary of Agriculture shall use 

5 such sums as are necessary to make emergency fi6 nancial assistance available to producers on a farm 

7 in the United States, including Puerto Rico, that 

8 have incurred qualifying losses for the 2004 or 2005 

9 crop of an agricultural commodity (other than 

10 sugar) due to damaging weather related to any hur11 ricane or tropical storm of the 2004 hurricane sea12 son or related condition, in counties declared dis13 aster areas by the President of the United States. 

14 (B) The Secretary shall make assistance avail15 able under this section in the same manner as pro16 vided under section 202 of Public Law 108–7, in17 cluding using the same loss thresholds as were used 

18 in administering that section. 

19 (2)(A) The payment rate for a crop for assist20 ance provided under this section to the producers on 

21 a farm shall be calculated as follows: 

22 (i) If the producers obtained a policy or 

23 plan of insurance, including a catastrophic risk 

24 protection plan, for the crop under the Federal 

25 Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 
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1 percent of the established RMA price for the 

2 crop. 

3 (ii) If a policy or plan of insurance, includ4 ing a catastrophic risk protection plan, for the 

5 crop was not available to the producers under 

6 the Federal Crop Insurance Act, 65 percent of 

7 the State average price for the crop. 

8 (iii) Subject to paragraphs 3 and 4, if the 

9 producers did not obtain a policy or plan of in10 surance, including a catastrophic risk protection 

11 plan, available for the crop under the Federal 

12 Crop Insurance Act, 60 percent of the estab13 lished RMA price for the crop. 

14 (B) Persons that received payments from sec15 tion 32 of the Act of August 24, 1935 with respect 

16 to 2004 hurricane crop losses are not eligible for 

17 payments under this section. 

18 (C)(i) Assistance provided under this section to 

19 a producer for losses to a crop, together with the 

20 amounts specified in clause (ii) applicable to the 

21 same crop, may not exceed 95 percent of what the 

22 value of the crop would have been in the absence of 

23 the losses, as estimated by the Secretary. 

24 (ii) In applying the limitation in clause (i), the 

25 Secretary shall include the following: 
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1 (I) Any crop insurance payment made 

2 under the Federal Crop Insurance Act (7 

3 U.S.C. 1501 et seq.) or payment under section 

4 196 of the Federal Agricultural Improvement 

5 and Reform Act of 1996 (7 U.S.C. 7333) that 

6 the producer receives for losses to the same 

7 crop. 

8 (II) The value of the crop that was not lost 

9 (if any), as estimated by the Secretary. 

10 (iii) Payments shall be limited to a maximum of 

11 $80,000 per producer. 

12 (3) Except as provided in paragraph (4), the 

13 producers on a farm shall not be eligible for assist14 ance under this section with respect to losses to an 

15 insurable commodity or noninsurable commodity if 

16 the producers on the farm— 

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

18 did not obtain a policy or plan of insurance for 

19 the insurable commodity under the Federal 

20 Crop Insurance Act for the crop incurring the 

21 losses; and 

22 (B) in the case of a noninsurable com23 modity, did not file the required paperwork, and 

24 pay the administrative fee by the applicable 

25 State filing deadline, for the noninsurable com-
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1 modity under section 196 of the Federal Agri2 culture Improvement and Reform Act of 1996 

3 for the crop incurring the losses; or 

4 (C) had adjusted gross incomes, as defined 

5 by section 1001D of the Food Security Act of 

6 1985, of greater than $2,500,000 in 2003; or 

7 (D) were not in compliance with highly 

8 erodible land conservation and wetland con9 servation provisions. 

10 (4) The Secretary may waive paragraphs (3)(A) 

11 and (B) with respect to the producers on a farm if 

12 the producers enter into a contract with the Sec13 retary under which the producers agree— 

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

15 to obtain a policy or plan of insurance under 

16 the Federal Crop Insurance Act providing addi17 tional coverage for the insurable commodity for 

18 each of the next two crop years; and 

19 (B) in the case of a noninsurable com20 modity, to file the required paperwork, and pay 

21 the administrative fee by the applicable State 

22 filing deadline, for the noninsurable commodity 

23 for each of the next two crops under section 

24 196 of the Federal Agriculture Improvement 

25 and Reform Act of 1996. 
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1 (5) In the event of the violation of a contract 

2 under paragraph (4) by a producer, the producer 

3 shall reimburse the Secretary for the full amount of 

4 the assistance provided to the producer under this 

5 section. 

6 (6) DEFINITIONS.—In this subsection: 

7 (A) The term ‘‘additional coverage’’ has 

8 the meaning given the term in section 

9 502(b)(1) of the Federal Crop Insurance Act (7 

10 U.S.C. 1502(b)(1)). 

11 (B) The term ‘‘insurable commodity’’ 

12 means an agricultural commodity (excluding 

13 livestock) for which the producers on a farm are 

14 eligible to obtain a policy or plan of insurance 

15 under the Federal Crop Insurance Act. 

16 (C) The term ‘‘noninsurable commodity’’ 

17 means an eligible crop for which the producers 

18 on a farm are eligible to obtain assistance 

19 under section 196 of the Federal Agriculture 

20 Improvement and Reform Act of 1996. 

21 (b) SECTION 32 PAYMENTS.—The Secretary shall 

22 provide $90,000,000 to the fund established by section 32 

23 of the Act of August 24, 1935 (7 U.S.C. 612c), to make 

24 payments with respect to 2004 hurricane losses. 
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1 (c) The issuance of regulations shall be made without 

2 regard to: (1) the notice and comment provisions of sec3 tion 553 of title 5, United States Code; (2) the Statement 

4 of Policy of the Secretary of Agriculture effective July 24, 

5 1971 (36 Fed. Reg. 13804), relating to notices of pro6 posed rulemaking and public participation in rulemaking; 

7 and (3) chapter 35 of title 44, United States Code (com8 monly known as the ‘‘Paperwork Reduction Act’’): Pro9 vided, That in carrying out this section, the Secretary 

10 shall use the authority provided under section 808 of title 

11 5, United States Code. 

12 (d) The Secretary, acting through the Farm Service 

13 Agency, may use not more than $4,000,000 to cover ad14 ministrative expenses associated with the implementation 

15 of sections 101 and 102 of this chapter. 

16 SEC. 102. The Secretary of Agriculture shall use 

17 $40,000,000 to make payments to processors in Florida 

18 that are eligible to obtain a loan under section 156(a) of 

19 the Federal Agriculture Improvement and Reform Act of 

20 1996 (7 U.S.C. 7272(a)) to compensate first processors 

21 and producers for crop and other losses that are related 

22 to hurricanes, tropical storms, excessive rains, and floods 

23 in Florida during calendar year 2004, to be calculated and 

24 paid on the basis of losses on 40 acre harvesting units, 

25 in counties declared a disaster by the President of the 
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1 United States in 2004 due to hurricanes, on the same 

2 terms and conditions, to the extent practicable, as the pay3 ments made under section 207 of the Agricultural Assist4 ance Act of 2003 (Public Law 108–7). 

5 SEC. 103. The Secretary of Agriculture shall use 

6 $10,000,000 to make payments to dairy producers for 

7 dairy production losses, and dairy spoilage losses in coun8 ties declared a disaster by the President of the United 

9 States in 2004 due to hurricanes. 

10 SEC. 104. (a) The Secretary of Agriculture shall use 

11 $23,000,000 to provide assistance under the Tree Assist12 ance Program, subtitle C of title X of the Farm Security 

13 and Rural Investment Act of 2002 (7 U.S.C. 8201 et. 

14 seq.), to tree-fruit growers in counties declared a disaster 

15 by the President of the United States in 2004 in the 

16 States of New York and North Carolina who suffered tree 

17 losses. 

18 (b) The Secretary of Agriculture shall use $8,500,000 

19 to provide assistance under the tree assistance program 

20 established under subtitle C of title X of the Farm Secu21 rity and Rural Investment Act of 2002 to pecan producers 

22 in counties declared a disaster by the President of the 

23 United States who suffered tree loss or damage due to 

24 damaging weather related to any hurricane or tropical 

25 storm of the 2004 hurricane season: Provided, That the 
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1 funds made available under this section shall also be made 

2 available to cover costs associated with pruning, rehabili3 tating, and other appropriate activities as determined by 

4 the Secretary. 

5 SEC. 105. The Secretary of Agriculture shall use 

6 $10,000,000 to provide assistance to producers and first 

7 handlers of the 2004 crop of cottonseed located in counties 

8 declared a disaster by the President of the United States 

9 in 2004 due to hurricanes. 

10 SEC. 106. (a) The Secretary shall use the funds, fa11 cilities, and authorities of the Commodity Credit Corpora12 tion to carry out section 101, 102, 103, 104, and 105 of 

13 this chapter, to remain available until expended. 

14 (b) The amounts provided under sections 101, 102, 

15 103, 104, and 105 in this chapter are designated as an 

16 emergency requirement pursuant to section 402 of S. Con. 

17 Res. 95 (108th Congress), as made applicable to the 

18 House of Representatives by H. Res. 649 (108th Con19 gress) and applicable to the Senate by section 14007 of 

20 Public Law 108–287. 

21 SEC. 107. (a) RURAL COMMUNITY ADVANCEMENT

22 PROGRAM.—The communities in Burlington and Camden 

23 Counties in New Jersey, affected by the flood which oc24 curred on July 12, 2004, are deemed to be rural areas 

25 during fiscal year 2005 for purposes of subtitle E of the 
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1 Consolidated Farm and Rural Development Act. Any limi2 tations under subtitle E of the Consolidated Farm and 

3 Rural Development Act that are based on the income of 

4 families shall not apply during fiscal year 2005 with re5 spect to such communities, or to businesses or families re6 siding in such communities. 

7 (b) RURAL HOUSING INSURANCE FUND AND RURAL

8 HOUSING ASSISTANCE GRANTS.—The communities re9 ferred to in subsection (a) are deemed to be rural areas 

10 during fiscal year 2005 for purposes of the direct and 

11 guaranteed loan programs under title V of the Housing 

12 Act of 1949 and the grant programs under sections 504, 

13 509(c), 525, and 533 of such title V. Any limitations 

14 under title V of the Housing Act of 1949 that are based 

15 on the income of families shall not apply during fiscal year 

16 2005 with respect to such communities or to families re17 siding in such communities. 

18 SEC. 108. The Secretary of Agriculture shall provide 

19 financial and technical assistance to repair, and if nec20 essary, replace Hope Mills Dam, Cumberland County, 

21 North Carolina, in accordance with the dam safety stand22 ards of the state of North Carolina: Provided, That from 

23 within the funds provided in this chapter for the Emer24 gency Watershed Protection program of the Natural Re-
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1 sources Conservation Service $1,600,000 is provided for 

2 this purpose. 

3 SEC. 109. Section 1241(a)(3) of the Food Security 

4 Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by insert5 ing before the period at the end the following: ‘‘, using 

6 not more than $8,386,000,000 for the period of fiscal 

7 years 2005 through 2014’’. 

8 CHAPTER 2 

9 DEPARTMENT OF JUSTICE 

10 FEDERAL PRISON SYSTEM

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $5,500,000, to remain available until September 

14 30, 2005 for emergency hurricane-related expenses: Pro15 vided, That such amount is designated as an emergency 

16 requirement pursuant to section 402 of S. Con. Res. 95 

17 (108th Congress), as made applicable to the House of 

18 Representatives by H. Res. 649 (108th Congress) and ap19 plicable to the Senate by section 14007 of Public Law 

20 108–287. 

21 BUILDINGS AND FACILITIES

22 For an additional amount for ‘‘Buildings and Facili23 ties’’, $18,600,000, to remain available until expended for 

24 emergency hurricane-related expenses: Provided, That 

25 such amount is designated as an emergency requirement 

26 pursuant to section 402 of S. Con. Res. 95 (108th Con-
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1 gress), as made applicable to the House of Representatives 

2 by H. Res. 649 (108th Congress) and applicable to the 

3 Senate by section 14007 of Public Law 108–287. 

4 DEPARTMENT OF COMMERCE 

5 NATIONAL OCEANIC AND ATMOSPHERIC

6 ADMINISTRATION

7 OPERATIONS, RESEARCH, AND FACILITIES

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

9 and Facilities’’, $7,900,000, to remain available until Sep10 tember 30, 2006: Provided, That such amount is des11 ignated as an emergency requirement pursuant to section 

12 402 of S. Con. Res. 95 (108th Congress), as made applica13 ble to the House of Representatives by H. Res. 649 (108th 

14 Congress) and applicable to the Senate by section 14007 

15 of Public Law 108–287. 

16 PROCUREMENT, ACQUISITION AND CONSTRUCTION

17 For an additional amount for ‘‘Procurement, Acquisi18 tion and Construction’’, $3,800,000, to remain available 

19 until September 30, 2007: Provided, That such amount 

20 is designated as an emergency requirement pursuant to 

21 section 402 of S. Con. Res. 95 (108th Congress), as made 

22 applicable to the House of Representatives by H. Res. 649 

23 (108th Congress) and applicable to the Senate by section 

24 14007 of Public Law 108–287. 
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1 SMALL BUSINESS ADMINISTRATION 

2 DISASTER LOANS PROGRAM ACCOUNT

3 For an additional amount for ‘‘Disaster Loans Pro4 gram Account’’ for the cost of direct loans, $501,000,000, 

5 to remain available until expended: Provided, That such 

6 costs, including the cost of modifying such loans, shall be 

7 as defined in Section 502 of the Congressional Budget Act 

8 of 1974. 

9 In addition, for an additional amount for ‘‘Disaster 

10 Loans Program Account’’ for administrative expenses to 

11 carry out the disaster loan program, $428,000,000, to re12 main available until expended, which may be transferred 

13 to the appropriations for ‘‘Salaries and Expenses’’: Pro14 vided, That no funds shall be transferred to the appropria15 tions for ‘‘Salaries and Expenses’’ for indirect administra16 tive expenses: Provided further, That the amounts pro17 vided under this heading are designated as an emergency 

18 requirement pursuant to section 402 of S. Con. Res. 95 

19 (108th Congress), as made applicable to the House of 

20 Representatives by H. Res. 649 (108th Congress) and ap21 plicable to the Senate by section 14007 of Public Law 

22 108–287. 
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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE 

3 DEPARTMENT OF DEFENSE—MILITARY 

4 OPERATION AND MAINTENANCE 

5 OPERATION AND MAINTENANCE, ARMY

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Operation and Main8 tenance, Army’’, $8,600,000, for emergency hurricane and 

9 other natural disaster-related expenses, which shall be 

10 available for transfer to reimburse costs incurred in fiscal 

11 year 2004: Provided, That such amount is designated as 

12 an emergency requirement pursuant to section 402 of S. 

13 Con. Res. 95 (108th Congress), as made applicable to the 

14 House of Representatives by H. Res. 649 (108th Con15 gress) and applicable to the Senate by section 14007 of 

16 Public Law 108–287. 

17 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $458,000,000, for emergency hurricane 

21 and other natural disaster-related expenses, which shall be 

22 available for transfer to reimburse costs incurred in fiscal 

23 year 2004: Provided, That such amount is designated as 

24 an emergency requirement pursuant to section 402 of S. 

25 Con. Res. 95 (108th Congress), as made applicable to the 
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1 House of Representatives by H. Res. 649 (108th Con2 gress) and applicable to the Senate by section 14007 of 

3 Public Law 108–287. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Operation and Main7 tenance, Marine Corps’’, $1,300,000, for emergency hurri8 cane and other natural disaster-related expenses, which 

9 shall be available for transfer to reimburse costs incurred 

10 in fiscal year 2004: Provided, That such amount is des11 ignated as an emergency requirement pursuant to section 

12 402 of S. Con. Res. 95 (108th Congress), as made applica13 ble to the House of Representatives by H. Res. 649 (108th 

14 Congress) and applicable to the Senate by section 14007 

15 of Public Law 108–287. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Operation and Main19 tenance, Air Force’’, $165,400,000, for emergency hurri20 cane and other natural disaster-related expenses, which 

21 shall be available for transfer to reimburse costs incurred 

22 in fiscal year 2004: Provided, That such amount is des23 ignated as an emergency requirement pursuant to section 

24 402 of S. Con. Res. 95 (108th Congress), as made applica25 ble to the House of Representatives by H. Res. 649 (108th 
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1 Congress) and applicable to the Senate by section 14007 

2 of Public Law 108–287. 

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Operation and Main6 tenance, Defense-Wide’’, $100,000,000, for emergency 

7 hurricane and other natural disaster-related expenses, 

8 which shall be available for transfer to reimburse costs in9 curred in fiscal year 2004: Provided, That the Secretary 

10 of Defense may transfer these funds to appropriations for 

11 military personnel; operation and maintenance; the De12 fense Health Program; and working capital funds: Pro13 vided further, That funds transferred shall be merged with 

14 and be available for the same purposes and for the same 

15 time period as the appropriation or fund to which trans16 ferred: Provided further, That this transfer authority is in 

17 addition to any other transfer authority available to the 

18 Department of Defense: Provided further, That upon a de19 termination that all or part of the funds transferred from 

20 this appropriation are not necessary for the purposes pro21 vided herein, such amounts may be transferred back to 

22 this appropriation: Provided further, That the Secretary 

23 of Defense shall, not fewer than 15 days prior to making 

24 transfers from this appropriation, notify the congressional 

25 defense committees in writing of the details of any such 
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1 transfer: Provided further, That the Secretary shall submit 

2 a report no later than 30 days after the end of each fiscal 

3 quarter to the congressional defense committees summa4 rizing the details of the transfer of funds from this appro5 priation: Provided further, That such amount is designated 

6 as an emergency requirement pursuant to section 402 of 

7 S. Con. Res. 95 (108th Congress), as made applicable to 

8 the House of Representatives by H. Res. 649 (108th Con9 gress) and applicable to the Senate by section 14007 of 

10 Public Law 108–287. 

11 OPERATION AND MAINTENANCE, ARMY RESERVE

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Operation and Main14 tenance, Army Reserve’’, $1,400,000, for emergency hur15 ricane and other natural disaster-related expenses, which 

16 shall be available for transfer to reimburse costs incurred 

17 in fiscal year 2004: Provided, That such amount is des18 ignated as an emergency requirement pursuant to section 

19 402 of S. Con. Res. 95 (108th Congress), as made applica20 ble to the House of Representatives by H. Res. 649 (108th 

21 Congress) and applicable to the Senate by section 14007 

22 of Public Law 108–287. 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Operation and Main4 tenance, Navy Reserve’’, $1,000,000, for emergency hurri5 cane and other natural disaster-related expenses, which 

6 shall be available for transfer to reimburse costs incurred 

7 in fiscal year 2004: Provided, That such amount is des8 ignated as an emergency requirement pursuant to section 

9 402 of S. Con. Res. 95 (108th Congress), as made applica10 ble to the House of Representatives by H. Res. 649 (108th 

11 Congress) and applicable to the Senate by section 14007 

12 of Public Law 108–287. 

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Operation and Main16 tenance, Air Force Reserve’’, $2,400,000, for emergency 

17 hurricane and other natural disaster-related expenses, 

18 which shall be available for transfer to reimburse costs in19 curred in fiscal year 2004: Provided, That such amount 

20 is designated as an emergency requirement pursuant to 

21 section 402 of S. Con. Res. 95 (108th Congress), as made 

22 applicable to the House of Representatives by H. Res. 649 

23 (108th Congress) and applicable to the Senate by section 

24 14007 of Public Law 108–287. 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Operation and Main5 tenance, Army National Guard’’, $10,500,000, for emer6 gency hurricane and other natural disaster-related ex7 penses, which shall be available for transfer to reimburse 

8 costs incurred in fiscal year 2004: Provided, That such 

9 amount is designated as an emergency requirement pursu10 ant to section 402 of S. Con. Res. 95 (108th Congress), 

11 as made applicable to the House of Representatives by H. 

12 Res. 649 (108th Congress) and applicable to the Senate 

13 by section 14007 of Public Law 108–287. 

14 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Operation and Main17 tenance, Air National Guard’’, $2,200,000, for emergency 

18 hurricane and other natural disaster-related expenses, 

19 which shall be available for transfer to reimburse costs in20 curred in fiscal year 2004: Provided, That such amount 

21 is designated as an emergency requirement pursuant to 

22 section 402 of S. Con. Res. 95 (108th Congress), as made 

23 applicable to the House of Representatives by H. Res. 649 

24 (108th Congress) and applicable to the Senate by section 

25 14007 of Public Law 108–287. 
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1 PROCUREMENT 

2 OTHER PROCUREMENT, AIR FORCE

3 For an additional amount for ‘‘Other Procurement, 

4 Air Force’’, $2,500,000, to remain available until Sep5 tember 30, 2007, for emergency hurricane and other nat6 ural disaster-related expenses, which shall be available for 

7 transfer to reimburse costs incurred in fiscal year 2004: 

8 Provided, That such amount is designated as an emer9 gency requirement pursuant to section 402 of S. Con. Res. 

10 95 (108th Congress), as made applicable to the House of 

11 Representatives by H. Res. 649 (108th Congress) and ap12 plicable to the Senate by section 14007 of Public Law 

13 108–287. 

14 PROCUREMENT, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Procurement, De17 fense-Wide’’, $140,000,000, to remain available until Sep18 tember 30, 2007, for emergency hurricane and other nat19 ural disaster-related expenses, which shall be available for 

20 transfer to reimburse costs incurred in fiscal year 2004, 

21 for the costs of repairs to structures and facilities, replace22 ment of destroyed or damaged equipment, and preparation 

23 and recovery of naval vessels under construction: Provided, 

24 That the Secretary of Defense may transfer these funds 

25 to appropriations for operation and maintenance; procure-
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1 ment; and research, development, test and evaluation: Pro2 vided further, That funds transferred shall be merged with 

3 and be available for the same purposes and for the same 

4 time period as the appropriation or fund to which trans5 ferred: Provided further, That this transfer authority is in 

6 addition to any other transfer authority available to the 

7 Department of Defense: Provided further, That upon a de8 termination that all or part of the funds transferred from 

9 this appropriation are not necessary for the purposes pro10 vided herein, such amounts may be transferred back to 

11 this appropriation: Provided further, That the Secretary 

12 of Defense shall, not fewer than 15 days prior to making 

13 transfers from this appropriation, notify the congressional 

14 defense committees in writing of the details of any such 

15 transfer: Provided further, That the Secretary shall submit 

16 a report no later than 30 days after the end of each fiscal 

17 quarter to the congressional defense committees summa18 rizing the details of the transfer of funds from this appro19 priation: Provided further, That not less than $10,500,000 

20 shall be transferred to ‘‘Aircraft Procurement, Air Force’’ 

21 for the procurement of WC–130 Hurricane Tracking 

22 Equipment: Provided further, That not less than 

23 $10,000,000 shall be transferred to ‘‘Missile Procurement, 

24 Air Force’’, and not less than $10,000,000 shall be trans25 ferred to ‘‘Other Procurement, Air Force’’ for costs associ-
25 

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1 ated with delayed satellite launches: Provided further, 

2 That not less than $18,700,000 shall be transferred to 

3 ‘‘Other Procurement, Air Force’’ for Continuity of Oper4 ations equipment procurement at Headquarters United 

5 States Central Command: Provided further, That not less 

6 than $20,000,000 shall be available only for replacement 

7 of laboratory and test range equipment at Eglin Air Force 

8 Base: Provided further, That such amount is designated 

9 as an emergency requirement pursuant to section 402 of 

10 S. Con. Res. 95 (108th Congress), as made applicable to 

11 the House of Representatives by H. Res. 649 (108th Con12 gress) and applicable to the Senate by section 14007 of 

13 Public Law 108–287. 

14 REVOLVING AND MANAGEMENT FUNDS 

15 DEFENSE WORKING CAPITAL FUNDS

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Defense Working 

18 Capital Funds’’, $4,100,000, for emergency hurricane and 

19 other natural disaster-related expenses, and which shall be 

20 available for transfer to reimburse costs incurred in fiscal 

21 year 2004: Provided, That such amount is designated as 

22 an emergency requirement pursuant to section 402 of S. 

23 Con. Res. 95 (108th Congress), as made applicable to the 

24 House of Representatives by H. Res. 649 (108th Con-
26 

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1 gress) and applicable to the Senate by section 14007 of 

2 Public Law 108–287. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Defense Health Pro7 gram’’, $12,000,000, for emergency hurricane and other 

8 natural disaster-related expenses, which shall be available 

9 for transfer to reimburse costs incurred in fiscal year 

10 2004: Provided, That such amount is designated as an 

11 emergency requirement pursuant to section 402 of S. Con. 

12 Res. 95 (108th Congress), as made applicable to the 

13 House of Representatives by H. Res. 649 (108th Con14 gress) and applicable to the Senate by section 14007 of 

15 Public Law 108–287. 

16 GENERAL PROVISIONS—THIS CHAPTER 

17 SEC. 301. Appropriations provided in this chapter are 

18 available for obligation until September 30, 2005, unless 

19 otherwise so provided in this chapter. 

20 SEC. 302. Funds appropriated in this Act, or made 

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

22 Act, 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). 
27 

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1 SEC. 303. Unless specifically enumerated elsewhere 

2 in this chapter, none of the funds provided in this chapter 

3 may be used to finance programs or activities denied by 

4 Congress in fiscal years 2004 and 2005 defense appropria5 tions, or to initiate a procurement or research, develop6 ment, test and evaluation new start program without prior 

7 notification to the congressional defense committees. 

8 SEC. 304. Section 8007 of the Department of De9 fense Appropriations Act, 2005 (Public Law 108–287); 

10 118 Stat. 970), is amended by striking the words ‘‘in ses11 sion’’. 

12 SEC. 305. Section 8090(b) of the Department of De13 fense Appropriations Act, 2005 (Public Law 108–287; 

14 118 Stat. 992), is amended by striking ‘‘$185,000,000’’, 

15 and inserting ‘‘$190,000,000’’. 

16 (TRANSFER OF FUNDS)

17 SEC. 306. Upon his determination that such action 

18 is necessary in the national interest to address emergency 

19 hurricane and other natural disaster-related expenses, the 

20 Secretary of Defense may transfer between appropriations 

21 up to $200,000,000 of the funds made available to the 

22 Department of Defense in this chapter: Provided, That the 

23 Secretary shall notify the Congress promptly of each 

24 transfer made pursuant to the authority in this section: 

25 Provided further, That the authority provided in this sec26 tion is in addition to any other transfer authority available 
28 

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1 to the Department of Defense and is subject to the same 

2 terms and conditions as the authority provided in section 

3 8005 of the Department of Defense Appropriations Act, 

4 2005 (Public Law 108–287): Provided further, That such 

5 amount is designated as an emergency requirement pursu6 ant to section 402 of S. Con. Res. 95 (108th Congress), 

7 as made applicable to the House of Representatives by H. 

8 Res. 649 (108th Congress) and applicable to the Senate 

9 by section 14007 of Public Law 108–287. 

10 SEC. 307. Section 9010(b) of the Department of De11 fense Appropriations Act, 2005 (Public Law 108–287; 

12 118 Stat. 1008; 10 U.S.C. 113 note), is amended by strik13 ing ‘‘section 12304’’ in paragraphs (7) and (8) and insert14 ing ‘‘section 12302’’. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 308. TECHNICAL ADJUSTMENTS TO PUBLIC

17 LAW 108–287. Notwithstanding any other provision in 

18 law, the following adjustments and transfers shall apply 

19 to funds previously made available and to restrictions in 

20 the Department of Defense Appropriations Act, 2005 

21 (Public Law 108–287): 

22 (1) ARMORED PASSENGER VEHICLES.—Under 

23 the heading, ‘‘Other Procurement, Army’’, strike 

24 ‘‘purchase of 1 vehicle’’ and insert ‘‘purchase of 21 

25 vehicles’’, and under the heading, ‘‘Other Procure26 ment, Army’’, strike ‘‘not to exceed $200,000’’ and 
29 

HR 5227 IH 

1 insert ‘‘not to exceed $275,000’’: Provided, That any 

2 purchases under the authority of this section in ex3 cess of one vehicle may only be in direct support of 

4 force protection requirements. 

5 (2) TRANSFER OF FUNDS.—Upon enactment of 

6 this Act, the Secretary of Defense shall make the 

7 following transfer of funds: Provided, That the 

8 amounts transferred shall be made available for the 

9 same purpose and the same time period as the ap10 propriation to which transferred: Provided further, 

11 That the authority provided in this section is in ad12 dition to any other transfer authority available to 

13 the Department of Defense: Provided further, That 

14 all such amounts in this section are designated as an 

15 emergency requirement pursuant to section 402 of 

16 S. Con. Res. 95 (108th Congress), as made applica17 ble to the House of Representatives by H. Res. 649 

18 (108th Congress) and applicable to the Senate by 

19 section 14007 of Public Law 108–287: Provided fur20 ther, That the amounts shall be transferred between 

21 the following appropriations, in the amounts speci22 fied: 

23 To: 
30 

HR 5227 IH 

1 Under the heading, ‘‘Research, Devel2 opment, Test and Evaluation, Defense3 Wide, 2005/2006’’, $5,950,000; 

4 From: 

5 Under the heading, ‘‘Operation and 

6 Maintenance, Army’’, $5,950,000. 

7 To: 

8 Under the heading, ‘‘Procurement, 

9 Marine Corps, 2005/2007’’, as provided in 

10 title IX of Public Law 108–287, 

11 $7,000,000; 

12 From: 

13 Under the heading, ‘‘Operation and 

14 Maintenance, Marine Corps’’, as provided 

15 in title IX of Public Law 108–287, 

16 $7,000,000. 

17 To: 

18 The Department of Veterans Affairs, 

19 under the heading, ‘‘Medical Services’’, 

20 $500,000; 

21 From: 

22 Under the heading, ‘‘Defense Health 

23 Program’’, Operation and Maintenance, 

24 $500,000. 

25 To: 
31 

HR 5227 IH 

1 Under the heading, ‘‘Operation and 

2 Maintenance, Army National Guard’’, 

3 $1,400,000; 

4 From: 

5 Under the heading, ‘‘Operation and 

6 Maintenance, Army’’, $1,400,000. 

7 (3) SECTION 9014 AUTHORITIES.—The author8 ity provided in section 9014 of the Department of 

9 Defense Appropriations Act, 2005 (Public Law 108– 

10 287; 118 Stat. 1009), shall apply with respect to the 

11 period beginning on June 29, 2003, and ending on 

12 August 4, 2004, in addition to the period of applica13 bility provided pursuant to section 9001 of that Act. 

14 SEC. 309. Section 9007 of the Department of De15 fense Appropriations Act, 2005 (Public Law 108–287), is 

16 amended by striking ‘‘$300,000,000’’, and inserting 

17 ‘‘$500,000,000’’. 

18 SEC. 310. Section 9006 of the Department of De19 fense Appropriations Act, 2005 (Public Law 108–287), is 

20 amended by striking ‘‘New Iraqi Army’’, and inserting 

21 ‘‘Iraqi Armed Forces, to include the Iraqi National 

22 Guard’’. 
32 

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1 CHAPTER 4 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 GENERAL INVESTIGATIONS

6 For an additional amount for ‘‘General Investiga7 tions’’ for emergency expenses for the update of studies 

8 necessitated by storm damage to shore protection projects, 

9 $400,000, to remain available until expended: Provided, 

10 That such amount is designated as an emergency require11 ment pursuant to section 402 of S. Con. Res. 95 (108th 

12 Congress), as made applicable to the House of Representa13 tives by H. Res. 649 (108th Congress) and applicable to 

14 the Senate by section 14007 of Public Law 108–287. 

15 CONSTRUCTION, GENERAL

16 For an additional amount for ‘‘Construction, Gen17 eral’’ for emergency expenses for repair of storm damage 

18 for authorized shore protection projects and assessment 

19 of project performance of such projects, $62,600,000, to 

20 remain available until expended: Provided, That such 

21 amount is designated as an emergency requirement pursu22 ant to section 402 of S. Con. Res. 95 (108th Congress), 

23 as made applicable to the House of Representatives by H. 

24 Res. 649 (108th Congress) and applicable to the Senate 

25 by section 14007 of Public Law 108–287. 
33 

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1 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

2 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS3 SISSIPPI, MISSOURI AND TENNESSEE

4 For an additional amount for ‘‘Flood Control, Mis5 sissippi River and Tributaries, Arkansas, Illinois, Ken6 tucky, Louisiana, Mississippi, Missouri and Tennessee’’ 

7 for emergency expenses for levee and revetment repair and 

8 for emergency dredging, $6,000,000, to remain available 

9 until expended: Provided, That such amount is designated 

10 as an emergency requirement pursuant to section 402 of 

11 S. Con. Res. 95 (108th Congress), as made applicable to 

12 the House of Representatives by H. Res. 649 (108th Con13 gress) and applicable to the Senate by section 14007 of 

14 Public Law 108–287. 

15 OPERATION AND MAINTENANCE, GENERAL

16 For an additional amount for ‘‘Operation and Main17 tenance, General’’ for emergency expenses for repair of 

18 storm damage to authorized projects, $175,000,000, to re19 main available until expended: Provided, That such 

20 amount is designated as an emergency requirement pursu21 ant to section 402 of S. Con. Res. 95 (108th Congress), 

22 as made applicable to the House of Representatives by H. 

23 Res. 649 (108th Congress) and applicable to the Senate 

24 by section 14007 of Public Law 108–287. 
34 

HR 5227 IH 

1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For an additional amount for ‘‘Flood Control and 

3 Coastal Emergencies’’ for emergency expenses for repair 

4 of damage to flood control and hurricane shore protection 

5 projects by storms and other natural disasters, 

6 $148,000,000, to remain available until expended: Pro7 vided, That such amount is designated as an emergency 

8 requirement pursuant to section 402 of S. Con. Res. 95 

9 (108th Congress), as made applicable to the House of 

10 Representatives by H. Res. 649 (108th Congress) and ap11 plicable to the Senate by section 14007 of Public Law 

12 108–287. 

13 CHAPTER 5 

14 BILATERAL ECONOMIC ASSISTANCE 

15 FUNDS APPROPRIATED TO THE PRESIDENT 

16 UNITED STATES AGENCY FOR INTERNATIONAL

17 DEVELOPMENT

18 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

19 For an additional amount for ‘‘International Disaster 

20 and Famine Assistance’’, $100,000,000, to remain avail21 able until September 30, 2005: Provided, That funds ap22 propriated by this paragraph shall be available to respond 

23 to the disasters caused by hurricanes and tropical storms 

24 in the Caribbean region: Provided further, That such 

25 amount is designated as an emergency requirement pursu-
35 

HR 5227 IH 

1 ant to section 402 of S. Con. Res. 95 (108th Congress), 

2 as made applicable to the House of Representatives by H. 

3 Res. 649 (108th Congress) and applicable to the Senate 

4 by section 14007 of Public Law 108–287: Provided fur5 ther, That funds appropriated by this paragraph shall be 

6 available notwithstanding section 10 of Public Law 91– 

7 672 and section 15 of the State Department Basic Au8 thorities Act of 1956. 

9 CHAPTER 6 

10 DEPARTMENT OF HOMELAND SECURITY 

11 UNITED STATES COAST GUARD

12 OPERATING EXPENSES

13 For an additional amount for ‘‘Operating Expenses’’ 

14 for expenses resulting from the recent natural disasters 

15 in the southeastern United States, $33,367,310, to remain 

16 available until expended: Provided, That the amounts pro17 vided herein are designated as an emergency requirement 

18 pursuant to section 402 of S. Con. Res. 95 (108th Con19 gress), as made applicable to the House of Representatives 

20 by H. Res. 649 (108th Congress) and applicable to the 

21 Senate by section 14007 of Public Law 108–287. 

22 EMERGENCY PREPAREDNESS AND RESPONSE 

23 DISASTER RELIEF

24 For an additional amount for ‘‘Disaster Relief’’, 

25 $6,500,000,000, to remain available until expended: Pro-
36 

HR 5227 IH 

1 vided, That such amount is designated as an emergency 

2 requirement pursuant to section 402 of S. Con. Res. 95 

3 (108th Congress), as made applicable to the House of 

4 Representatives by H. Res. 649 (108th Congress) and ap5 plicable to the Senate by section 14007 of Public Law 

6 108–287. 

7 CHAPTER 7 

8 DEPARTMENT OF THE INTERIOR 

9 UNITED STATES FISH AND WILDLIFE SERVICE

10 CONSTRUCTION

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

12 $50,352,000, to remain available until expended, to ad13 dress damages from natural disasters: Provided, That 

14 such amount is designated as an emergency requirement 

15 pursuant to section 402 of S. Con. Res. 95 (108th Con16 gress), as made applicable to the House of Representatives 

17 by H. Res. 649 (108th Congress) and applicable to the 

18 Senate by section 14007 of Public Law 108–287. 

19 NATIONAL PARK SERVICE

20 CONSTRUCTION

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

22 $50,802,000, to remain available until expended, to ad23 dress damages from natural disasters: Provided, That 

24 such amount is designated as an emergency requirement 

25 pursuant to section 402 of S. Con. Res. 95 (108th Con-
37 

HR 5227 IH 

1 gress), as made applicable to the House of Representatives 

2 by H. Res. 649 (108th Congress) and applicable to the 

3 Senate by section 14007 of Public Law 108–287. 

4 UNITED STATES GEOLOGICAL SURVEY

5 SURVEYS, INVESTIGATIONS, AND RESEARCH

6 For an additional amount for ‘‘Surveys, Investiga7 tions, and Research’’, $3,000,000, to remain available 

8 until expended: Provided, That such amount is designated 

9 as an emergency requirement pursuant to section 402 of 

10 S. Con. Res. 95 (108th Congress), as made applicable to 

11 the House of Representatives by H. Res. 649 (108th Con12 gress) and applicable to the Senate by section 14007 of 

13 Public Law 108–287. 

14 RELATED AGENCY 

15 DEPARTMENT OF AGRICULTURE 

16 FOREST SERVICE

17 STATE AND PRIVATE FORESTRY

18 For an additional amount for ‘‘State and Private 

19 Forestry’’, $49,100,000, to remain available until ex20 pended, to address damages from natural disasters: Pro21 vided, That such amount is designated as an emergency 

22 requirement pursuant to section 402 of S. Con. Res. 95 

23 (108th Congress), as made applicable to the House of 

24 Representatives by H. Res. 649 (108th Congress) and ap-
38 

HR 5227 IH 

1 plicable to the Senate by section 14007 of Public Law 

2 108–287. 

3 NATIONAL FOREST SYSTEM

4 For an additional amount for ‘‘National Forest Sys5 tem’’, $12,153,000, to remain available until expended, to 

6 address damages from natural disasters: Provided, That 

7 such amount is designated as an emergency requirement 

8 pursuant to section 402 of S. Con. Res. 95 (108th Con9 gress), as made applicable to the House of Representatives 

10 by H. Res. 649 (108th Congress) and applicable to the 

11 Senate by section 14007 of Public Law 108–287. 

12 WILDLAND FIRE MANAGEMENT

13 For an additional amount for ‘‘Wildland Fire Man14 agement’’, $1,028,000, to remain available until expended, 

15 to address damages from natural disasters: Provided, That 

16 such amount is designated as an emergency requirement 

17 pursuant to section 402 of S. Con. Res. 95 (108th Con18 gress), as made applicable to the House of Representatives 

19 by H. Res. 649 (108th Congress) and applicable to the 

20 Senate by section 14007 of Public Law 108–287. 

21 CAPITAL IMPROVEMENT AND MAINTENANCE

22 For an additional amount for ‘‘Capital Improvement 

23 and Maintenance’’, $50,815,000, to remain available until 

24 expended, to address damages from natural disasters: Pro25 vided, That such amount is designated as an emergency 

26 requirement pursuant to section 402 of S. Con. Res. 95 
39 

HR 5227 IH 

1 (108th Congress), as made applicable to the House of 

2 Representatives by H. Res. 649 (108th Congress) and ap3 plicable to the Senate by section 14007 of Public Law 

4 108–287. 

5 CHAPTER 8 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 DEPARTMENTAL MANAGEMENT

9 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

10 FUND

11 For an additional amount for ‘‘Public Health and So12 cial Services Emergency Fund’’ to support aging services, 

13 social services and health services associated with natural 

14 disaster recovery and response efforts, $50,000,000, to re15 main available until expended: Provided, That such 

16 amount is designated as an emergency requirement pursu17 ant to section 402 of S. Con. Res. 95 (108th Congress), 

18 as made applicable to the House of Representatives by H. 

19 Res. 649 (108th Congress) and applicable to the Senate 

20 by section 14007 of Public Law 108–287. 
40 

HR 5227 IH 

1 CHAPTER 9 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION 

4 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

5 For an additional amount for ‘‘Military Construction, 

6 Navy and Marine Corps’’, $138,800,000, to remain avail7 able until September 30, 2007 for emergency expenses re8 sulting from natural disasters: Provided, That such 

9 amount is designated as an emergency requirement pursu10 ant to section 402 of S. Con. Res. 95 (108th Congress), 

11 as made applicable to the House of Representatives by H. 

12 Res. 649 (108th Congress) and applicable to the Senate 

13 by section 14007 of Public Law 108–287: Provided fur14 ther, That notwithstanding any other provision of law, 

15 such funds may be obligated and expended to carry out 

16 planning and design and military construction projects not 

17 otherwise authorized by law: Provided further, That none 

18 of these funds may be obligated for new construction 

19 projects until fourteen days after the Secretary of the 

20 Navy provides a notification that describes the project, in21 cluding the form 1391, to the Subcommittee on Military 

22 Construction of the Committee on Appropriations and the 

23 Committee on Armed Services of both Houses of Congress. 
41 

HR 5227 IH 

1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For an additional amount for ‘‘Military Construction, 

3 Army Reserve’’, $8,700,000, to remain available until Sep4 tember 30, 2007 for emergency expenses resulting from 

5 natural disasters: Provided, That such amount is des6 ignated as an emergency requirement pursuant to section 

7 402 of S. Con. Res. 95 (108th Congress), as made applica8 ble to the House of Representatives by H. Res. 649 (108th 

9 Congress) and applicable to the Senate by section 14007 

10 of Public Law 108–287: Provided further, That notwith11 standing any other provision of law, such funds may be 

12 obligated and expended to carry out planning and design 

13 and military construction projects not otherwise author14 ized by law. 

15 FAMILY HOUSING OPERATION AND MAINTENANCE, 

16 ARMY

17 For an additional amount for ‘‘Family Housing Oper18 ation and Maintenance, Army’’, $1,200,000, to remain 

19 available until September 30, 2005 for emergency ex20 penses resulting from natural disasters: Provided, That 

21 such amount is designated as an emergency requirement 

22 pursuant to section 402 of S. Con. Res. 95 (108th Con23 gress), as made applicable to the House of Representatives 

24 by H. Res. 649 (108th Congress) and applicable to the 

25 Senate by section 14007 of Public Law 108–287. 
42 

HR 5227 IH 

1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY AND MARINE CORPS

3 For an additional amount for ‘‘Family Housing Oper4 ation and Maintenance, Navy and Marine Corps’’, 

5 $9,100,000, to remain available until September 30, 2005 

6 for emergency expenses resulting from natural disasters: 

7 Provided, That such amount is designated as an emer8 gency requirement pursuant to section 402 of S. Con. Res. 

9 95 (108th Congress), as made applicable to the House of 

10 Representatives by H. Res. 649 (108th Congress) and ap11 plicable to the Senate by section 14007 of Public Law 

12 108–287. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

14 FORCE

15 For an additional amount for ‘‘Family Housing Oper16 ation and Maintenance, Air Force’’, $11,400,000, to re17 main available until September 30, 2005 for emergency 

18 expenses resulting from natural disasters: Provided, That 

19 such amount is designated as an emergency requirement 

20 pursuant to section 402 of S. Con. Res. 95 (108th Con21 gress), as made applicable to the House of Representatives 

22 by H. Res. 649 (108th Congress) and applicable to the 

23 Senate by section 14007 of Public Law 108–287. 
43 

HR 5227 IH 

1 BASE REALIGNMENT AND CLOSURE ACCOUNT

2 For an additional amount to be deposited into the 

3 Department of Defense Base Closure Account 1990, 

4 $50,000, to remain available until September 30, 2005 for 

5 emergency expenses resulting from natural disasters: Pro6 vided, That such amount is designated as an emergency 

7 requirement pursuant to section 402 of S. Con. Res. 95 

8 (108th Congress), as made applicable to the House of 

9 Representatives by H. Res. 649 (108th Congress) and ap10 plicable to the Senate by section 14007 of Public Law 

11 108–287. 

12 CHAPTER 10 

13 DEPARTMENT OF TRANSPORTATION 

14 FEDERAL AVIATION ADMINISTRATION

15 FACILITIES AND EQUIPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For an additional amount for ‘‘Facilities and Equip18 ment’’, for expenses resulting from the recent natural dis19 asters in the southeastern United States, $5,100,000, to 

20 be derived from the airport and airway trust fund and to 

21 remain available until expended: Provided, That such 

22 amount is designated as an emergency requirement pursu23 ant to section 402 of S. Con. Res. 95 (108th Congress), 

24 as made applicable to the House of Representatives by H. 

25 Res. 649 (108th Congress) and applicable to the Senate 

26 by section 14007 of Public Law 108–287. 
44 

HR 5227 IH 

1 GRANTS-IN-AID FOR AIRPORTS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For emergency capital costs to repair or replace pub4 lic use facilities at public use airports listed in the Federal 

5 Aviation Administration’s National Plan of Integrated 

6 Airport Systems resulting from damage from hurricanes 

7 Charley, Frances, Ivan, and Jeanne, to enable the Federal 

8 Aviation Administrator to compensate airports for such 

9 costs, $25,000,000, to be derived from the airport and air10 way trust fund and to remain available until expended: 

11 Provided, That such amount is designated as an emer12 gency requirement pursuant to section 402 of S. Con. Res. 

13 95 (108th Congress), as made applicable to the House of 

14 Representatives by H. Res. 649 (108th Congress) and ap15 plicable to the Senate by section 14007 of Public Law 

16 108–287. 

17 FEDERAL HIGHWAY ADMINISTRATION

18 FEDERAL-AID HIGHWAYS

19 EMERGENCY RELIEF PROGRAM

20 (HIGHWAY TRUST FUND)

21 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

22 For an additional amount for the Emergency Relief 

23 Program, as authorized by 23 U.S.C. 125, 

24 $1,550,000,000, for emergency expenses to respond to 

25 natural disasters or catastrophic failures from external 

26 causes, to be derived from the Highway Trust Fund (other 
45 

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1 than the Mass Transit Account) and to remain available 

2 until expended: Provided, That notwithstanding 23 U.S.C. 

3 125(d)(1), the Secretary of Transportation may obligate 

4 more than $100,000,000 for projects arising from hurri5 canes Charley, Frances, Ivan, and Jeanne: Provided fur6 ther, That the amounts provided under this heading are 

7 designated as an emergency requirement pursuant to sec8 tion 402 of S. Con. Res. 95 (108th Congress), as made 

9 applicable to the House of Representatives by H. Res. 649 

10 (108th Congress) and applicable to the Senate by section 

11 14007 of Public Law 108–287: Provided further, That, of 

12 the unobligated balances of funds apportioned to each 

13 State under the programs authorized under sections 

14 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 

15 1101(a)(5) of Public Law 105–178, as amended, 

16 $1,063,000,000 are hereby rescinded. 

17 EXECUTIVE OFFICE OF THE PRESIDENT 

18 UNANTICIPATED NEEDS

19 For an additional amount for ‘‘Unanticipated 

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

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

22 for reimbursement of disaster relief and recovery expendi23 tures and emergency services associated with Hurricanes 

24 Charley, Frances, Ivan, and Jeanne, and only to the ex25 tent funds are not made available for those activities by 
46 

HR 5227 IH 

1 other federal sources: Provided, That these funds may be 

2 administered by any authorized federal government agen3 cy to meet the purposes of this provision and that total 

4 administrative costs shall not exceed three percent of the 

5 total appropriation: Provided further, That the Comp6 troller General shall audit the use of these funds by the 

7 American Red Cross: Provided further, That such amount 

8 is designated as an emergency requirement pursuant to 

9 section 402 of S. Con. Res. 95 (108th Congress), as made 

10 applicable to the House of Representatives by H. Res. 649 

11 (108th Congress) and applicable to the Senate by section 

12 14007 of Public Law 108–287 

13 CHAPTER 11 

14 DEPARTMENT OF VETERANS AFFAIRS 

15 VETERANS HEALTH ADMINISTRATION

16 MEDICAL SERVICES

17 For an additional amount for ‘‘Medical services’’ for 

18 expenses related to recent natural disasters in the South19 east, $38,283,000, to remain available until September 

20 30, 2005: Provided, That the amounts provided herein are 

21 designated as an emergency requirement pursuant to sec22 tion 402 of S. Con. Res. 95 (108th Congress), as made 

23 applicable to the House of Representatives by H. Res. 649 

24 (108th Congress) and applicable to the Senate by section 

25 14007 of Public Law 108–287. 
47 

HR 5227 IH 

1 MEDICAL ADMINISTRATION

2 For an additional amount for ‘‘Medical administra3 tion’’ for expenses related to recent natural disasters in 

4 the Southeast, $1,940,000, to remain available until Sep5 tember 30, 2005: Provided, That the amounts provided 

6 herein are designated as an emergency requirement pursu7 ant to section 402 of S. Con. Res. 95 (108th Congress), 

8 as made applicable to the House of Representatives by H. 

9 Res. 649 (108th Congress) and applicable to the Senate 

10 by section 14007 of Public Law 108–287. 

11 MEDICAL FACILITIES

12 For an additional amount for ‘‘Medical facilities’’ for 

13 expenses related to recent natural disasters in the South14 east, $46,909,000, to remain available until September 

15 30, 2005: Provided, That the amounts provided herein are 

16 designated as an emergency requirement pursuant to sec17 tion 402 of S. Con. Res. 95 (108th Congress), as made 

18 applicable to the House of Representatives by H. Res. 649 

19 (108th Congress) and applicable to the Senate by section 

20 14007 of Public Law 108–287. 

21 DEPARTMENTAL ADMINISTRATION

22 GENERAL OPERATING EXPENSES

23 For an additional amount for ‘‘General operating ex24 penses’’, for expenses related to recent natural disasters 

25 in the Southeast, $545,000, to remain available until Sep26 tember 30, 2005: Provided, That the amounts provided 
48 

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1 herein are designated as an emergency requirement pursu2 ant to section 402 of S. Con. Res. 95 (108th Congress), 

3 as made applicable to the House of Representatives by H. 

4 Res. 649 (108th Congress) and applicable to the Senate 

5 by section 14007 of Public Law 108–287. 

6 NATIONAL CEMETERY ADMINISTRATION

7 For an additional amount for ‘‘National Cemetery 

8 Administration’’, for expenses related to recent natural 

9 disasters in the Southeast, $50,000, to remain available 

10 until September 30, 2005: Provided, That the amounts 

11 provided herein are designated as an emergency require12 ment pursuant to section 402 of S. Con. Res. 95 (108th 

13 Congress), as made applicable to the House of Representa14 tives by H. Res. 649 (108th Congress) and applicable to 

15 the Senate by section 14007 of Public Law 108–287. 

16 CONSTRUCTION, MINOR PROJECTS

17 For an additional amount for ‘‘Construction, minor 

18 projects’’, for expenses related to recent natural disasters 

19 in the Southeast, $36,343,000, to remain available until 

20 September 30, 2005: Provided, That the amounts provided 

21 herein are designated as an emergency requirement pursu22 ant to section 402 of S. Con. Res. 95 (108th Congress), 

23 as made applicable to the House of Representatives by H. 

24 Res. 649 (108th Congress) and applicable to the Senate 

25 by section 14007 of Public Law 108–287. 
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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 For an additional amount for ‘‘Community development 

6 block grants’’, as authorized under title I of the Housing 

7 and Community Development Act of 1974 (Act), for use 

8 only for disaster relief, long-term recovery, and mitigation 

9 in communities affected by disasters designated by the 

10 President during fiscal year 2004, except those activities 

11 reimbursable by the Federal Emergency Management 

12 Agency or available through the Small Business Adminis13 tration, and for reimbursement for expenditures incurred 

14 from the regular Community Development Block Grant 

15 formula allocation used to achieve these same purposes, 

16 $150,000,000, to remain available until September 30, 

17 2007: Provided, That the amounts provided herein are 

18 designated as an emergency requirement pursuant to sec19 tion 402 of S. Con. Res. 95 (108th Congress), as made 

20 applicable to the House of Representatives by H. Res. 649 

21 (108th Congress) and applicable to the Senate by section 

22 14007 of Public Law 108–287: Provided further, That all 

23 funds under this heading shall be awarded by the Sec24 retary to states (including Indian tribes for all purposes 

25 under this heading) to be administered by each state in 
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1 conjunction with its community development block grants 

2 program: Provided further, That notwithstanding 42 

3 U.S.C. 5306(d)(2), states are authorized to provide such 

4 assistance to entitlement communities: Provided further, 

5 That in administering these funds, the Secretary may 

6 waive, or specify alternative requirements for, any provi7 sion of any statute or regulation that the Secretary admin8 isters in connection with the obligation by the Secretary 

9 or the use by the recipient of these funds (except for re10 quirements related to fair housing, nondiscrimination, 

11 labor standards, and the environment), upon a finding 

12 that such waiver is required to facilitate the use of such 

13 funds, and would not be inconsistent with the overall pur14 pose of the statute: Provided further, That the Secretary 

15 may waive the requirements that activities benefit persons 

16 of low and moderate income, except that at least 50 per17 cent of the funds under this heading must benefit pri18 marily persons of low and moderate income unless the Sec19 retary makes a finding of compelling need: Provided fur20 ther, That the Secretary shall publish in the Federal Reg21 ister any waiver of any statute or regulation authorized 

22 under this heading no later than 5 days before the effec23 tive date of such waiver: Provided further, That any 

24 project or activity underway prior to a Presidential dis25 aster declaration may not receive funds under this heading 
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1 unless the disaster directly impacted the project: Provided 

2 further, That each state shall provide not less than 25 per3 cent in non-Federal public matching funds or its equiva4 lent value (other than administrative costs) for any funds 

5 allocated to the state under this heading. 

6 INDEPENDENT AGENCIES 

7 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

8 SPACE FLIGHT CAPABILITIES

9 For an additional amount for ‘‘Space flight capabili10 ties’’, to repair assets damaged and take other emergency 

11 measures due to the effects of hurricanes and other disas12 ters declared by the President, $185,000,000, to remain 

13 available until expended: Provided, That the amounts pro14 vided herein are designated as an emergency requirement 

15 pursuant to section 402 of S. Con. Res. 95 (108th Con16 gress), as made applicable to the House of Representatives 

17 by H. Res. 649 (108th Congress) and applicable to the 

18 Senate by section 14007 of Public Law 108–287. 

19 GENERAL PROVISION—THIS CHAPTER 

20 SEC. 1101. From funds that are available in the un21 obligated balances of any funds appropriated under ‘‘Med22 ical services’’, for fiscal year 2004, the Secretary of Vet23 erans Affairs may transfer up to $125,000,000 to ‘‘Gen24 eral operating expenses’’ for costs associated with proc25 essing claims where the basis of the entitlement is claimed 
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1 disability incurred as a result of a veteran’s service, sub2 ject to a determination by the Secretary of Veterans Af3 fairs that such additional funds are necessary. 

4 CHAPTER 12 

5 GENERAL PROVISION—THIS ACT 

6 SEC. 1201. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond 

8 the current fiscal year unless expressly so provided herein. 

9 This Act may be cited as the ‘‘Emergency Supple10 mental Appropriations for Hurricane Disasters Assistance 

11 Act, 2005’’. 

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