Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005

Bill: 108-hr-5212
Sponsor: Rep. Young, C. W. Bill [R-FL-10]
Introduced: 2004-10-05 in the House
Policy area: Emergency Management
Subjects: Administrative fees
Administrative procedure
Agricultural conservation
Agricultural subsidies
Agriculture and Food
Air force
Airports
Animals
Arkansas
Armed Forces and National Security
Armed forces reserves
Army
Auditing
Block grants
Building construction
Cemeteries and funerals
Charities
Civil engineering
Coast guard
Coastal zone
Commerce
Community development
Congress
Congressional oversight
Congressional reporting requirements
Construction costs
Crime and Law Enforcement
Crop insurance
Defense budgets
Defense contracts
Defense procurement
Department of Agriculture
Department of Commerce
Department of Defense
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of Justice
Department of Transportation
Department of Veterans Affairs
Department of the Interior
Disaster loans
Disaster relief
Dredging
Economics and Public Finance
Enterprise zones
Environmental Protection
Environmental Protection Agency
Executive Office of the President
Families
Famines
Federal aid to transportation
Federal budgets
Finance and Financial Sector
Flood control
Floods
Florida
Food relief
Fruit
Government Operations and Politics
Government lending
Government paperwork
Government procurement
Government trust funds
Health
Health facilities
Highway finance
Highway maintenance
Housing and Community Development
Hurricanes
Illinois
Infrastructure
Infrastructure (Economics)
International Affairs
International relief
Kentucky
Law
Livestock
Losses
Louisiana
Lumber trade
Maintenance and repair
Marine and coastal resources, fisheries
Marines
Meteorological research
Meteorology
Military bases
Military construction operations
Military dependents
Military housing
Military intelligence
Military medicine
Military personnel
Military research
Minorities
Mississippi
Mississippi River
Missouri
National Aeronautics and Space Administration
National Guard
National forests
National parks
Native Americans
Navigation
Navy
Nongovernmental organizations
Oceanographic research
Oceanography
Off-budget expenditures
Old age assistance
Prisons
Public Lands and Natural Resources
Public health
Puerto Rico
Reprogramming of appropriated funds
Research and development
Science, Technology, Communications
Shipbuilding
Small Business Administration
Small business
Social Welfare
Soil conservation
Soil erosion
Space activities
Space flight
Storms
Supplemental appropriations
Surveying
Tennessee
Trees
U.S. Agency for International Development
Veterans' hospitals
Veterans' medical care
Warships
Water Resources Development
Weather
Wetlands

Summary:
action_date: 2004-10-05
text: 
Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005 - Makes FY 2005 emergency supplemental appropriations for additional storm disaster assistance to: (1) the Department of Agriculture for the Forest Service for the National Forest System, including for capital improvements and maintenance; (2) the Department of Commerce for the National Oceanic and Atmospheric Administration for operations, research, and facilities, procurement, acquisition, and construction; (3) the Department of Defense for military personnel for the Navy and Airforce, operation and maintenance of the Army, Navy, Airforce, Defense-Wide, Army Reserve, Navy Reserve, Army National Guard and Air National Guard, the Defense Health Program, Other Procurement, Air Force and Procurement, Defense-Wide, military construction for the Navy and Army Reserve, the Base Realignment and Closure Account, Family Housing, Operation and Maintenance, Army, Navy, Marine Corps, Air Force, and the Working Capital Fund, Defense-Wide; (4) the Department of Health and Human Services for the Public Health and Social Services Emergency Fund; (5) the Department of Homeland Security for the Disaster Relief Fund; (6) the U.S. Coast Guard for operating expenses; (7) the Department of Housing and Urban Development for the Community Development Fund; (8) the Department of the Interior for the U.S. Geological Survey for surveys, investigations, and research, the Fish and Wildlife Service for resource management and for construction, the National Park Service for construction and major maintenance; (9) the Department of Justice for the Federal Prison System for buildings, facilities, salaries, and expenses; (10) the Department of Transportation for the Federal Aviation Administration for operations, emergency assistance to airports (to be derived from the Airport and Airway Trust Fund), the Federal Highway Administration for the Emergency Relief Program (to be derived from the Highway Trust Fund other than the Mass Transit Account); (11) the Department of Veterans Affairs for the Veterans Health Administration for medical services, facilities, and administration, for general operating expenses, the National Cemetery Administration, and construction and minor projects; (12) the Corps of Engineers-Civil Works for general operation and maintenance, flood control and coastal emergencies, and Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (13) the Environmental Protection Agency for buildings and facilities; (14) the Agency for International Development for International Disaster and Famine Assistance; (15) the National Aeronautics and Space Administration for space flight capabilities; (16) the Small Business Administration for the Disaster Loans Program Account; and (17) the Executive Office of the President for unanticipated needs.

action_date: 2004-10-06
text: 
Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005 - Makes FY 2005 emergency supplemental appropriations to the Department of Agriculture for additional storm disaster assistance for the Forest Service for the National Forest System, including for capital improvements and maintenance.
 
(Sec. 101) Requires the Secretary of Agriculture, under specified conditions, to use Commodity Credit Corporation (CCC) funds to make such emergency financial assistance 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 crops, due to damaging weather or related condition.
 
Disqualifies farm producers for such assistance with respect to losses if the producers: (1) did not obtain a policy or plan of insurance for an insurable commodity under the Federal Crop Insurance Act; or (2) did not file the required paperwork and pay the administrative fee by the applicable State filing deadline for a noninsurable commodity under the Federal Agriculture Improvement and Reform Act of 1996.
 
Waives such disqualification if the producers enter into a contract with the Secretary agreeing to either: (1) obtain a plan of insurance providing additional coverage for the insurable commodity for each of the next two crops; or (2) file the required paperwork and pay the administrative fee by the applicable State filing deadline for the noninsurable commodity for each of the next two crops.
 
Requires a producer who violates the contract to reimburse the Secretary for the full amount of such assistance received under this Act. Limits the amount of assistance to 95 percent of what the value of the crop would have been without the losses.
 
Reduces the amount of such assistance that a producer would otherwise receive by the amount of assistance the individual receives for the same losses under the Florida Disaster Programs carried out pursuant to the Farm Service Agency Notice (DAP-203) released October 4, 2004.
 
Directs the Secretary to use CCC funds to make and administer payments for livestock losses to producers for 2003 or 2004 (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. Requires an amount of such assistance determined by the Secretary to be made available for the American Indian livestock program under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001.
 
Provides that, in determining eligibility for or the amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize 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.
 
Requires the Secretary to use CCC funds to provide: (1) tree assistance under the Farm Security and Rural Investment Act of 2002 to producers who suffered tree losses between December 1, 2003, and December 31, 2004; and (2) an additional $15 million to reimburse for tree losses eligible forest land owners who produce periodic crops of timber from trees for commercial purposes.
 
Requires the Secretary to use an additional $50 million of CCC funds to provide assistance under the Emergency Conservation Program under the Agriculture Credit Act of 1978. Requires participants in such Program to receive the maximum cost share percentage allowed under the Code of Federal Regulations.
 
Amends the Food Security Act of 1985 to limit the amount of CCC funds the Secretary may use for the conservation security program to $6.37 billion for FY 2005 through 2014.
 
 Requires the Secretary to provide up to $100 million of CCC funds for the Emergency Watershed Protection Program and/or the Emergency Conservation Program to carry out additional activities in response to the 2004 hurricanes and tropical storms, including technical and financial assistance for improvements and clean-up. Makes persons that received certain payments with respect to 2004 hurricane losses ineligible for such funds.
 
 Requires the Secretary, in order to make payments with respect to 2004 hurricane losses, to transfer $90 million of CCC funds to a specified fund established to encourage exportation and domestic consumption of agricultural products.
 
Provides that: (1) the Secretary shall use CCC funds, facilities, and authorities to carry out this Act, to remain available through FY 2006; and (2) Congress designates the amounts provided under this Act as an emergency requirement for the specific purposes authorized herein.
 
(Sec. 102) Appropriates up to $130 million (to remain available until expended), in addition to amounts otherwise provided, for the Emergency Watershed Protection Program and/or the Emergency Conservation Program for emergency hurricane-related expenses including technical and financial assistance for improvements and clean-up. Makes persons that received certain payments with respect to 2004 hurricane losses ineligible for such funds.
 
Makes FY 2005 emergency supplemental appropriations for additional storm disaster assistance to: (1) the Department of Commerce for the National Oceanic and Atmospheric Administration for operations, research, facilities, procurement, acquisition, and construction; and (2) the Department of Defense (DOD) for military personnel for the Navy and Air Force, operation and maintenance for the Army, Navy, Air Force, Defense-Wide, Army Reserve, Navy Reserve, Army National Guard, and Air National Guard, the Defense Health Program, &quot;Other Procurement, Air Force,&quot; &quot;Procurement, Defense-Wide,&quot; military construction for the Navy and Army Reserve, the Base Realignment and Closure Account, family housing, operation, and maintenance for the Army, Navy, Marine Corps, and Air Force, and the &quot;Working Capital Fund, Defense-Wide.&quot;
 
(Sec. 201) Authorizes the Secretary of Defense to transfer between appropriations up to $210 million of DOD funds made available in this Act.
 
(Sec. 202) Deems any funds appropriated in this Act, or made available under it by a transfer of funds for intelligence activities, to be specifically authorized by Congress for purposes of the National Security Act of 1947.
 
Makes FY 2005 emergency supplemental appropriations for additional storm disaster assistance to: (1) the Department of Health and Human Services for the Public Health and Social Services Emergency Fund to support aging services, social services, and health services associated with natural disaster recovery and response efforts; (2) the Department of Homeland Security for Emergency Preparedness and Response for the Disaster Relief Fund and the U.S. Coast Guard for operating expenses; (3) the Department of Housing and Urban Development for the Community Development Fund; (4) the Department of the Interior for the U.S. Geological Survey for surveys, investigations, and research, the Fish and Wildlife Service for resource management and construction, and the National Park Service for construction and major maintenance; (5) the Department of Justice for the Federal Prison System for buildings, facilities, salaries, and expenses; (6) the Department of Transportation for the Federal Aviation Administration for operations, emergency assistance to airports (to remain available to June 30, 2006), the Federal Highway Administration for the Emergency Relief Program for emergency expenses resulting from 2004 Hurricanes Charley, Frances, Ivan, and Jeanne; (7) the Department of Veterans Affairs for the Veterans Health Administration for medical services, facilities and administration, general operating expenses, the National Cemetery Administration, construction, and minor projects; (8) the Corps of Engineers - Civil Works for &quot;Operation and Maintenance, General&quot; for hurricane-related expenses necessary to dredge navigation channels and repair other Corps projects, and &quot;Flood Control and Coastal Emergencies,&quot; for emergency hurricane-related expenses from coastal storm damages and flooding, and &quot;Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee&quot; for emergency expenses for levee and revetment repair and for emergency dredging; (9) the Environmental Protection Agency for buildings and facilities; (10) the Agency for International Development for international disaster and famine assistance; (11) the National Aeronautics and Space Administration for space flight capabilities; (12) the Small Business Administation for the Disaster Loans Program Account; and (13) the Executive Office of the President for the American Red Cross for reimbursement of disaster relief and recovery expenditures and emergency services associated with Hurricanes Charley, Frances, and Ivan, but only to the extent funds are not made available for those activities by other Federal sources.


Legislative actions:
action_date: 2004-10-07
text: Received in the Senate.
action_date: 2004-10-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-06
text: On passage Passed by the Yeas and Nays: 412 - 0 (Roll no. 501).
action_date: 2004-10-06
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 412 - 0 (Roll no. 501).
action_date: 2004-10-06
text: The previous question was ordered pursuant to the rule. (consideration: CR 10/7/2004 H8310)
action_date: 2004-10-06
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5212.
action_date: 2004-10-06
text: DEBATE - Pursuant to the provisions of H.Res. 819, the Committee of the Whole proceeded with 20 minutes of debate on the Hensarling amendment.
action_date: 2004-10-06
text: DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Neugebauer amendment.
action_date: 2004-10-06
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5212.
action_date: 2004-10-06
text: The Speaker designated the Honorable Paul E. Gillmor to act as Chairman of the Committee.
action_date: 2004-10-06
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 819 and Rule XVIII.
action_date: 2004-10-06
text: Rule provides for consideration of H.R. 5212 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2004-10-06
text: Considered under the provisions of rule H. Res. 819. (consideration: CR 10/7/2004 H8287-8311; text of measure as introduced: CR 10/7/2004 H8300-8304)
action_date: 2004-10-06
text: Rule H. Res. 819 passed House.
action_date: 2004-10-06
text: Rules Committee Resolution H. Res. 819 Reported to House. Rule provides for consideration of H.R. 5212 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2004-10-05
text: 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.
action_date: 2004-10-05
text: 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.
action_date: 2004-10-05
text: 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.
action_date: 2004-10-05
text: Introduced in House
action_date: 2004-10-05
text: Introduced in House