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less than $4,450,000 shall be provided, subject to the request 
of the Governor of New York, to those mental health coun-
seling service entities that have historically provided mental 
health counseling through Project Liberty to personnel of 
the New York City Police Department, the New York City 
Fire Department, and other emergency services agencies, to 
continue such counseling. 
SEC. 534. SENSE OF THE SENATE CONCERNING THE 
AMERICAN RED CROSS AND CRITICAL BIOMEDICAL SYS-
TEMS. (a) FINDINGS.—The Senate finds that— 
(1) the blood supply is a vital public health re-
source that must be readily available at all times, 
particularly in response to terrorist attacks and nat-
ural disasters; 
(2) the provision of blood is an essential part of 
the critical infrastructure of the United States and 
must be protected from threats of terrorism; 
(3) disruption of the blood supply or the compro-
mising of its integrity could have wide-ranging im-
plications on the ability of the United States to react 
in a crisis; and 
(4) the need exists to ensure that blood collection 
facilities maintain adequate inventories to prepare 
for disasters at all times in all locations.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Homeland Security’s Informa-
tion Analysis and Infrastructure Protection should consult 
with the American Red Cross to— 
(1) identify critical assets and interdependencies; 
(2) perform vulnerability assessments; and 
(3) identify necessary resources to implement 
protective measures to ensure continuity of operations 
and security of information technology systems for 
blood and blood products. 
SEC. 535. It is the sense of the Senate that— 
(1) the Director of the Office for State and Local 
Government Coordination and Preparedness be given 
limited authority to approve requests from the senior 
official responsible for emergency preparedness and 
response in each State to reprogram funds appro-
priated for the State Homeland Security Grant Pro-
gram of the Office for State and Local Government 
Coordination and Preparedness to address specific se-
curity requirements that are based on credible threat 
assessments, particularly threats that arise after the 
State has submitted an application describing its in-
tended use of such grant funds; 
(2) for each State, the amount of funds repro-
grammed under this section should not exceed 10 per-
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cent of the total annual allocation for such State 
under the State Homeland Security Grant Program; 
and 
(3) before reprogramming funds under this sec-
tion, a State official described in paragraph (1) 
should consult with relevant local officials. 
SEC. 536. DISASTER ASSISTANCE EMPLOYEE CADRES 
OF EMERGENCY PREPAREDNESS AND RESPONSE DIREC-
TORATE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is encouraged to place special emphasis on the recruit-
ment of American Indians, Alaska Natives, and Native Ha-
waiians for positions within Disaster Assistance Employee 
cadres maintained by the Emergency Preparedness and Re-
sponse Directorate. 
(b) REPORT.—The Secretary of Homeland Security 
shall report periodically to the Senate and the House of 
Representatives with respect to— 
(1) the representation of American Indians, 
Alaska Natives, and Native Hawaiians in the Dis-
aster Assistance Employee cadres; and 
(2) the efforts of the Secretary of Homeland Se-
curity to increase the representation of such individ-
uals in the cadres.
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SEC. 537. Sections 702 and 703 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 342 and 343) are amended by 
striking ‘‘, or to another official of the Department, as the 
Secretary may direct’’ each place it appears. 
SEC. 538. Section 208(a) of Public Law 108–137; 117 
Stat. 1849 is amended by striking ‘‘current’’ and inserting 
‘‘2005’’. 
SEC. 539. LIAISON FOR DISASTER EMERGENCIES. (a) 
DEPLOYMENT OF DISASTER LIAISON.—If requested by the 
Governor or the appropriate State agency of the affected 
State, the Secretary of Agriculture may deploy disaster liai-
sons to State and local Department of Agriculture Service 
Centers in a federally declared disaster area whenever Fed-
eral Emergency Management Agency Personnel are de-
ployed in that area, to coordinate Department programs 
with the appropriate disaster agencies designated under the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.). 
(b) QUALIFICATIONS.—A disaster liaison shall be se-
lected from among Department employees who have experi-
ence providing emergency disaster relief in federally de-
clared disaster areas. 
(c) DUTIES.—A disaster liaison shall— 
(1) serve as a liaison to State and Federal 
Emergency Services;
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(2) be deployed to a federally declared disaster 
area to coordinate Department interagency programs 
in assistance to agricultural producers in the declared 
disaster area; 
(3) facilitate the claims and applications of agri-
cultural producers who are victims of the disaster 
that are forwarded to the Department by the appro-
priate State Department of Agriculture agency direc-
tor; and 
(4) coordinate with the Director of the State of-
fice of the appropriate Department agency to assist 
with the application for and distribution of economic 
assistance. 
(d) DURATION OF DEPLOYMENT.—The deployment of 
a disaster liaison under subsection (a) may not exceed 30 
days. 
(e) DEFINITION.—In this section, the term ‘‘federally 
declared disaster area’’ means— 
(1) an area covered by a Presidential declaration 
of major disaster, including a disaster caused by a 
wildfire, issued under section 301 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170); or 
(2) determined to be a disaster area, including 
a disaster caused by a wildfire, by the Secretary
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under subpart A of part 1945 of title 7, Code of Fed-
eral Regulations. 
TITLE VI—EMERGENCY AGRICULTURAL 
DISASTER ASSISTANCE 
SEC. 601. CROP DISASTER ASSISTANCE. (a) DEFINI-
TIONS.—In this section: 
(1) ADDITIONAL
COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in 
section 502(b) of the Federal Crop Insurance Act (7 
U.S.C. 1502(b)). 
(2) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
ance under the Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.). 
(3) 
NONINSURABLE
COMMODITY.—The 
term 
‘‘noninsurable commodity’’ means an eligible crop for 
which the producers on a farm are eligible to obtain 
assistance under section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 
U.S.C. 7333). 
(b) EMERGENCY FINANCIAL ASSISTANCE.—Notwith-
standing section 508(b)(7) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (re-
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ferred to in this title as the ‘‘Secretary’’) shall use such sums 
as are necessary of funds of the Commodity Credit Corpora-
tion to make emergency financial assistance authorized 
under this section available to producers on a farm that 
have incurred qualifying crop or quality losses for the 2003 
or 2004 crop (as elected by a producer), but not both, due 
to damaging weather or related condition, as determined 
by the Secretary. 
(c) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner 
as provided under section 815 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related 
Agencies Appropriations Act, 2001 (Public Law 106–387; 
114 Stat. 1549A–55), including using the same loss thresh-
olds for the quantity and quality losses as were used in ad-
ministering that section. 
(d) REDUCTION IN PAYMENTS.—The amount of assist-
ance that a producer would otherwise receive for a quali-
fying crop or quality loss under this section shall be reduced 
by the amount of assistance that the producer receives under 
the crop loss assistance program announced by the Sec-
retary on August 27, 2004. 
(e) INELIGIBILITY FOR ASSISTANCE.—Except as pro-
vided in subsection (f), the producers on a farm shall not 
be eligible for assistance under this section with respect to
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losses to an insurable commodity or noninsurable com-
modity if the producers on the farm— 
(1) in the case of an insurable commodity, did 
not obtain a policy or plan of insurance for the in-
surable commodity under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.) for the crop incurring the 
losses; and 
(2) in the case of a noninsurable commodity, did 
not file the required paperwork, and pay the adminis-
trative fee by the applicable State filing deadline, for 
the noninsurable commodity under section 196 of the 
Federal Agriculture Improvement and Reform Act of 
1996 (7 U.S.C. 7333) for the crop incurring the 
losses. 
(f) CONTRACT WAIVER.—The Secretary may waive 
subsection (e) with respect to the producers on a farm if 
the producers enter into a contract with the Secretary under 
which the producers agree— 
(1) in the case of an insurable commodity, to ob-
tain a policy or plan of insurance under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 
additional coverage for the insurable commodity for 
each of the next 2 crops; and 
(2) in the case of a noninsurable commodity, to 
file the required paperwork and pay the administra-
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tive fee by the applicable State filing deadline, for the 
noninsurable commodity for each of the next 2 crops 
under section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333). 
(g) EFFECT OF VIOLATION.—In the event of the viola-
tion of a contract under subsection (f) by a producer, the 
producer shall reimburse the Secretary for the full amount 
of the assistance provided to the producer under this section. 
SEC. 602. LIVESTOCK ASSISTANCE PROGRAM. (a) IN 
GENERAL.—The Secretary shall use such sums as are nec-
essary of funds of the Commodity Credit Corporation to 
make and administer payments for livestock losses to pro-
ducers for 2003 or 2004 losses (as elected by a producer), 
but not both, in a county that has received an emergency 
designation by the President or the Secretary after January 
1, 2003, of which an amount determined by the Secretary 
shall be made available for the American Indian livestock 
program under section 806 of the Agriculture, Rural Devel-
opment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2001 (Public Law 106–387; 114 
Stat. 1549A–51). 
(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner 
as provided under section 806 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
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Agencies Appropriations Act, 2001 (Public Law 106–387; 
114 Stat. 1549A–51). 
(c) MITIGATION.—In determining the eligibility for or 
amount of payments for which a producer is eligible under 
the livestock assistance program, the Secretary shall not pe-
nalize a producer that takes actions (recognizing disaster 
conditions) that reduce the average number of livestock the 
producer owned for grazing during the production year for 
which assistance is being provided. 
SEC. 603. TREE ASSISTANCE PROGRAM. The Secretary 
shall use such sums as are necessary of the funds of the 
Commodity Credit Corporation to provide assistance under 
the tree assistance program established under subtitle C of 
title X of the Farm Security and Rural Investment Act of 
2002 to producers who suffered tree losses during the winter 
of 2003 through 2004. 
SEC. 604. COMMODITY CREDIT CORPORATION. The 
Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this title. 
SEC. 605. REGULATIONS. (a) IN GENERAL.—The Sec-
retary may promulgate such regulations as are necessary 
to implement this title. 
(b) PROCEDURE.—The promulgation of the regulations 
and administration of this title shall be made without re-
gard to—
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(1) the notice and comment provisions of section 
553 of title 5, United States Code; 
(2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 Fed. Reg. 
13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and 
(3) chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’). 
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall 
use the authority provided under section 808 of title 5, 
United States Code. 
SEC. 606. EMERGENCY DESIGNATION. Amounts appro-
priated or otherwise made available in this title are each 
designated as an emergency requirement pursuant to sec-
tion 402 of S. Con. Res. 95 (108th Congress), as made ap-
plicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 
14007 of the Department of Defense Appropriations Act, 
2005 (Public Law 108–287; 118 Stat. 1014).