HR 4939 RFS 
section 402 of H. Con. Res. 95 (109th Congress), the con-
current resolution on the budget for fiscal year 2006. 
RELATED AGENCIES 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for the cost of direct loans authorized by 
section 7(b) of the Small Business Act, $1,254,000,000, 
to remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That, of the amount provided 
under this heading, up to $190,000,000 may be trans-
ferred to and merged with appropriations for ‘‘Small Busi-
ness Administration, Salaries and Expenses’’ for adminis-
trative expenses to carry out the disaster loan program: 
Provided further, That none of the funds provided under 
this heading may be used for indirect administrative ex-
penses: Provided further, That, of the amount provided 
under this heading, $712,000,000 is hereby transferred to 
‘‘Federal Emergency Management Agency, Disaster Re-
lief’’ to reimburse that account for funds transferred to 
this account by Public Law 109–174: Provided further, 
That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 
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402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 
CHAPTER 8 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the ‘‘Community devel-
opment fund’’, for necessary expenses related to disaster 
relief, long-term recovery, and restoration of infrastruc-
ture in the most impacted and distressed areas related to 
the consequences of hurricanes in the Gulf of Mexico in 
2005 in States for which the President declared a major 
disaster under title IV of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) in conjunction with Hurricane Katrina, Rita, or 
Wilma, $4,200,000,000, to remain available until ex-
pended, for activities authorized under title I of the Hous-
ing and Community Development Act of 1974 (Public 
Law 93–383): Provided, That funds made available under 
this heading shall be distributed to address the most crit-
ical recovery requirements notwithstanding funding limita-
tions under this heading in title I of division B of Public 
Law 109–148: Provided further, That funds provided 
under this heading shall be administered through an entity 
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or entities designated by the Governor of each State: Pro-
vided further, That such funds may not be used for activi-
ties reimbursable by or for which funds are made available 
by the Federal Emergency Management Agency or the 
Army Corps of Engineers: Provided further, That funds 
allocated under this heading shall not adversely affect the 
amount of any formula assistance received by a State 
under this heading: Provided further, That each State may 
use up to five percent of its allocation for administrative 
costs: Provided further, That not less than $1,000,000,000 
from funds made available under this heading shall be 
used for repair, rehabilitation, and reconstruction (includ-
ing demolition, site clearance and remediation) of the af-
fordable rental housing stock (including public and other 
HUD-assisted housing) in the impacted areas: Provided 
further, That in administering the funds under this head-
ing, the Secretary of Housing and Urban Development 
may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary 
administers in connection with the obligation by the Sec-
retary or the use by the recipient of these funds or guaran-
tees (except for requirements related to fair housing, non-
discrimination, labor standards, and the environment), 
upon a request by the State that such waiver is required 
to facilitate the use of such funds or guarantees, and a 
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finding by the Secretary that such waiver would not be 
inconsistent with the overall purpose of the statute, as 
modified: Provided further, That the Secretary may waive 
the requirement that activities benefit persons of low and 
moderate income, except that at least 50 percent of the 
funds made available under this heading must benefit pri-
marily persons of low and moderate income unless the Sec-
retary otherwise makes a finding of compelling need: Pro-
vided further, That the Secretary shall publish in the Fed-
eral Register any waiver of any statute or regulation that 
the Secretary administers pursuant to title I of the Hous-
ing and Community Development Act of 1974 no later 
than 5 days before the effective date of such waiver: Pro-
vided further, That every waiver made by the Secretary 
must be reconsidered according to the three previous pro-
visos on the two-year anniversary of the day the Secretary 
published the waiver in the Federal Register: Provided fur-
ther, That prior to the obligation of funds each State shall 
submit a plan to the Secretary detailing the proposed use 
of all funds, including criteria for eligibility and how the 
use of these funds will address long-term recovery and res-
toration of infrastructure: Provided further, That prior to 
the obligation of funds to each State, the Secretary shall 
ensure that such plan gives priority to infrastructure de-
velopment and rehabilitation and the rehabilitation and re-
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construction of the affordable rental housing stock includ-
ing public and other HUD-assisted housing: Provided fur-
ther, That each State will report quarterly to the Commit-
tees on Appropriations on all awards and uses of funds 
made available under this heading, including specifically 
identifying all awards of sole-source contracts and the ra-
tionale for making the award on a sole-source basis: Pro-
vided further, That the Secretary shall notify the Commit-
tees on Appropriations on any proposed allocation of any 
funds and any related waivers made pursuant to these pro-
visions under this heading no later than 5 days before such 
waiver is made: Provided further, That the Secretary shall 
establish procedures to prevent recipients from receiving 
any duplication of benefits and report quarterly to the 
Committees on Appropriations with regard to all steps 
taken to prevent fraud and abuse of funds made available 
under this heading including duplication of benefits: Pro-
vided further, That of the amounts made available under 
this heading, the Secretary may transfer a total of up to 
$15,000,000 to the Office of Inspector General and ‘‘Man-
agement and Administration, Salaries and Expenses’’ for 
costs associated with administration and oversight: Pro-
vided further, That none of the funds provided under this 
heading may be used by a State or locality as a matching 
requirement, share, or contribution for any other Federal 
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