H. R. 1268—44
under this heading prior to enactment of this Act, including Public
Law 480 Title II grants: Provided further, That of the amounts
provided herein: up to $10,000,000 may be transferred to and
consolidated with ‘‘Development Credit Authority’’ for the cost of
direct loans and loan guarantees as authorized by sections 256
and 635 of the Foreign Assistance Act of 1961 in furtherance
of the purposes of this heading; up to $17,500,000 may be trans-
ferred to and consolidated with ‘‘Operating Expenses of the United
States Agency for International Development’’, of which up to
$2,000,000 may be used for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development in furtherance of the purposes of this
heading; up to $1,000,000 may be transferred to and consolidated
with ‘‘Operating Expenses of the United States Agency for Inter-
national Development Office of Inspector General’’; and up to
$5,000,000 may be transferred to and consolidated with ‘‘Emer-
gencies in the Diplomatic and Consular Service’’ for the purpose
of providing support services for United States citizen victims and
related operations: Provided further, That of the funds appropriated
under this heading, $5,000,000 should be made available for
environmental recovery activities in tsunami affected countries:
Provided further, That of the funds appropriated under this heading,
$10,000,000 should be made available for programs and activities
which create new economic opportunities for women: Provided fur-
ther, That of the funds appropriated under this heading, $1,500,000
should be made available for programs to address the needs of
people with physical and mental disabilities resulting from the
tsunami: Provided further, That of the funds appropriated under
this heading, not less than $12,500,000 should be made available
to support initiatives that focus on the immediate and long-term
needs of children for protection and permanency, including the
registration of unaccompanied children, the reunification of children
with their immediate or extended families, the protection of women
and children from violence and exploitation, and activities designed
to prevent the capture of children by armed forces and promote
the integration of war affected youth: Provided further, That of
the funds appropriated under this heading, $20,000,000 should
be made available for microenterprise development programs in
countries affected by the tsunami, of which $5,000,000 should be
made available for microcredit programs, to be administered by
the United States Agency for International Development: Provided
further, That of the funds appropriated under this heading,
$1,500,000 should be made available for trafficking in persons moni-
toring and prevention programs and activities in tsunami affected
countries: Provided further, That the President is hereby authorized
to defer and reschedule for such period as he may deem appropriate
any amounts owed to the United States or any agency of the
United States by those countries significantly affected by the tsu-
nami and earthquakes of December 2004 and March 2005, including
the Republic of Indonesia, the Republic of Maldives and the Demo-
cratic Socialist Republic of Sri Lanka: Provided further, That funds
appropriated under this heading may be made available for the
modification costs, as defined in section 502 of the Congressional
Budget Act of 1974, if any, associated with any deferral and resched-
uling authorized under this heading: Provided further, That such
amounts shall not be considered ‘‘assistance’’ for the purposes of
provisions of law limiting assistance to any such affected country:
H. R. 1268—45
Provided further, That any agreement to defer and reschedule such
debt will include a commitment by the recipient government that
resources freed by the debt deferral will benefit directly the people
affected by the tsunami: Provided further, That the Secretary of
State shall arrange for an outside, independent evaluation of each
government’s compliance with the commitment: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
ANNUAL LIMITATION
SEC. 4101. Amounts made available pursuant to section 492(b)
of the Foreign Assistance Act of 1961, as amended (22 U.S.C.
2292a), to address relief and rehabilitation needs for countries
affected by the Indian Ocean tsunami and earthquakes of December
2004 and March 2005, prior to the enactment of this Act, shall
be in addition to the amount that may be obligated in fiscal year
2005 under that section.
REPORTING REQUIREMENT
SEC. 4102. The Secretary of State shall submit to the Commit-
tees on Appropriations not later than 30 days after enactment,
and prior to the initial obligation of funds appropriated under
this chapter not used to reimburse accounts for obligations made
prior to enactment, a report on the proposed uses of all funds
on a project-by-project basis, for which such initial obligation of
funds is anticipated: Provided, That up to 15 percent of funds
appropriated under this chapter may be obligated before the submis-
sion of the report subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
report shall be updated and submitted to the Committees on Appro-
priations every six months and shall include information detailing
how the estimates and assumptions contained in previous reports
have changed: Provided further, That any proposed new projects
and increases in funding of ongoing projects shall be reported to
the Committees on Appropriations in accordance with regular
notification procedures: Provided further, That the Secretary of
State shall submit to the Committees on Appropriations, not later
than 210 days following enactment of this Act, and every six months
thereafter, a report detailing on a project-by project basis, the
expenditure of funds appropriated under this chapter until all funds
have been fully expended.
AUTHORIZATION OF FUNDS
SEC. 4103. Funds appropriated by this Act may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), section 10 of Public Law 91–672 (22 U.S.C. 2412), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
H. R. 1268—46
AVIAN INFLUENZA VIRUS
SEC. 4104. Of the funds appropriated under this chapter,
$25,000,000 shall be made available for a coordinated program
to prevent and control the spread of the Avian influenza virus:
Provided, That not less than $15,000,000 of such funds should
be transferred to the Centers for Disease Control and Prevention:
Provided further, That prior to the obligation of such funds, the
Centers for Disease Control and Prevention shall consult with the
United States Agency for International Development on the pro-
posed use of such funds: Provided further, That funds made avail-
able by this section and transferred to the Centers for Disease
Control and Prevention shall be for necessary expenses to carry
out Titles III and XXIII of the Public Health Service Act.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $124,100,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $2,800,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $30,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $29,150,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For an additional amount for ‘‘Overseas Humanitarian, Dis-
aster, and Civic Aid’’, $36,000,000, to remain available until Sep-
tember 30, 2006: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
H. R. 1268—47
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$3,600,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’, $350,000:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CHAPTER 4
DEPARTMENT OF THE INTERIOR
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $8,100,000, to remain available until September 30,
2006: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CHAPTER 5
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $7,070,000, to remain available until September 30, 2006,
for United States tsunami warning capabilities and operations:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
H. R. 1268—48
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’, $10,170,000, to remain available until September
30, 2007, for United States tsunami warning capabilities: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
TITLE V—OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for the emergency watershed protec-
tion program established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to repair damages to waterways
and watersheds resulting from natural disasters, $104,500,000, to
remain available until expended: Provided, That the above amount
includes funding for eligible work identified in the Emergency
Watershed Program Recovery Projects Unfunded list as of April
25, 2005: Provided further, That notwithstanding any other provi-
sion of law, the Secretary of Agriculture shall count local financial
and technical resources, including in-kind materials and services,
contributed toward recovery from the flooding events of January
2005 in Washington County, Utah, toward local matching require-
ments for the emergency watershed protection program assistance
provided to Washington County, Utah: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
RURAL HOUSING SERVICE
SEC. 5101. Hereafter, notwithstanding any other provision of
law, the Secretary of Agriculture may transfer any unobligated
amounts made available under the heading ‘‘Rural Housing
Service’’, ‘‘Rural Housing Insurance Fund Program Account’’ in
chapter 1 of title II of Public Law 106–246 (114 Stat. 540) to
the Rural Housing Service ‘‘Rental Assistance Program’’ account
for projects in North Carolina: Provided, That the amounts made
available by the transfer of funds in or pursuant to this section
are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
RURAL HOUSING ASSISTANCE GRANTS
SEC. 5102. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the Village of New Miami,
Ohio, a rural area for purposes of eligibility for grants funded
through the Rural Housing Assistance Grants account.