96-310
108TH CONGRESS
Report
HOUSE OF REPRESENTATIVES
2d Session
108-773
MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUSING,
AND BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES
October 9, 2004- Ordered to be printed
Mr. KNOLLENBERG, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4837]
The committee of conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4837) `making appropriations for
military construction, family housing, and base realignment and closure for the
Department of Defense for the fiscal year ending September 30, 2005, and for
other purposes,' having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate,
and agree to the same with an amendment, as follows:
In lieu of the matter stricken and inserted by said amendment, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the `Military Construction Appropriations and
Emergency Hurricane Supplemental Appropriations Act, 2005'.
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to `this Act'
contained in any division of this Act shall be treated as referring only to
the provisions of that division.
DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated for military construction, family housing,
and base realignment and closure functions administered by the Department of
Defense, for the fiscal year ending September 30, 2005, and for other
purposes, namely:
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and
real property for the Army as currently authorized by law, including personnel
in the Army Corps of Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and operation of
facilities in support of the functions of the Commander in Chief,
$1,981,084,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $156,999,000 shall be
available for study, planning, design, architect and engineer services, and
host nation support, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
funds appropriated for `Military Construction, Army' under Public Law 107-249,
$7,276,000 are rescinded: Provided further, That of the funds
appropriated for `Military Construction, Army' under Public Law 107-64;
$3,924,000 are rescinded: Provided further, That of the funds
appropriated for `Military Construction, Army' under Public Law 106-246,
$7,776,000 are rescinded.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities, and real
property for the Navy and Marine Corps as currently authorized by law,
including personnel in the Naval Facilities Engineering Command and other
personal services necessary for the purposes of this appropriation,
$1,069,947,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $90,830,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated for
`Military Construction, Navy' under Public Law 108-132, $24,000,000 are
rescinded.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and
real property for the Air Force as currently authorized by law, $866,331,000,
to remain available until September 30, 2009: Provided, That of this
amount, not to exceed $130,711,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds appropriated for `Military Construction, Air
Force' under Public Law, 108-106, $21,800,000 are rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other than
the military departments), as currently authorized by law, $686,055,000, to
remain available until September 30, 2009: Provided, That such
amounts of this appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of Defense
available for military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to which transferred:
Provided further, That of the amount appropriated, not to exceed
$62,800,000 shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
funds appropriated for `Military Construction, Defense-Wide' under Public Law
107-249, $16,737,000 are rescinded: Provided further, That of the
funds appropriated for `Military Construction, Defense-Wide' under Public Law
107-64, $6,000,000 are rescinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter 1803 of
title 10, United States Code, and Military Construction Authorization Acts,
$446,748,000, to remain available until September 30, 2009.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
(INCLUDING RESCISSION)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter 1803 of
title 10, United States Code, and Military Construction Authorization Acts,
$243,043,000, to remain available until September 30, 2009: Provided,
That of the funds appropriated for `Military Construction, Air National Guard'
under Public Law 108-132, $5,000,000 are rescinded.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $92,377,000, to remain available
until September 30, 2009.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the reserve
components of the Navy and Marine Corps as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization Acts,
$44,246,000, to remain available until September 30, 2009.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air Force
Reserve as authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $123,977,000, to remain available
until September 30, 2009.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
(INCLUDING RESCISSION)
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and construction
of military facilities and installations (including international military
headquarters) and for related expenses for the collective defense of the North
Atlantic Treaty Area as authorized by section 2806 of title 10, United States
Code, and Military Construction Authorization Acts, $165,800,000, to remain
available until expended: Provided, That of the funds appropriated
for `North Atlantic Treaty Organization Security Investment Program' under
Public Law 108-132, $5,000,000 are rescinded.
FAMILY HOUSING CONSTRUCTION, ARMY
(INCLUDING RESCISSION)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $636,099,000, to remain available until
September 30, 2009: Provided, That of the funds appropriated for
`Family Housing Construction, Army' under Public Law 107-249, $21,000,000 are
rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction, principal
and interest charges, and insurance premiums, as authorized by law,
$926,507,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
(INCLUDING RESCISSIONS)
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $139,107,000, to remain
available until September 30, 2009: Provided, That of the funds
appropriated for `Family Housing Construction, Navy and Marine Corps' under
Public Law 108-132, $6,737,000 are rescinded: Provided further, That
of the funds appropriated for `Family Housing Construction, Navy and Marine
Corps' under Public Law 107-64, $5,564,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE
CORPS
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $696,304,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSIONS)
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $846,959,000, to remain available until
September 30, 2009: Provided, That of the funds appropriated for
`Family Housing Construction, Air Force' under Public Law 108-132, $6,000,000
are rescinded: Provided further, That of the funds appropriated for
`Family Housing Construction, Air Force' under Public Law 107-64, $25,720,000
are rescinded: Provided further, That of the funds appropriated for
`Family Housing Construction, Air Force' under Public Law 106-246, $13,451,000
are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction, principal
and interest charges, and insurance premiums, as authorized by law,
$853,384,000.
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE
For expenses of family housing for the activities and agencies of the
Department of Defense (other than the military departments) for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $49,000, to remain available until September
30, 2009.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies of the
Department of Defense (other than the military departments) for operation and
maintenance, leasing, and minor construction, as authorized by law,
$49,575,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
(INCLUDING RESCISSIONS)
For the Department of Defense Family Housing Improvement Fund,
$2,500,000, to remain available until expended, for family housing initiatives
undertaken pursuant to section 2883 of title 10, United States Code, providing
alternative means of acquiring and improving military family housing and
supporting facilities: Provided, That of the funds appropriated for
`Department of Defense Family Housing Improvement Fund' under Public Law
108-132, $8,301,000 are rescinded: Provided further, That of the
funds appropriated for `Department of Defense Family Housing Improvement Fund'
under Public Law 107-249, $10,808,000 are rescinded.
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law, $81,886,000, to remain
available until September 30, 2009: Provided, That such amounts of
this appropriation as may be determined by the Secretary of Defense may be
transferred to such appropriations of the Department of Defense available for
military construction as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as the
appropriation to which transferred.
BASE REALIGNMENT AND CLOSURE ACCOUNT
For deposit into the Department of Defense Base Closure Account 1990
established by section 2906(a)(1) of the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. 2687 note), $246,116,000, to remain available until
expended.
GENERAL PROVISIONS
SEC. 101. None of the funds made available in this Act shall be
expended for payments under a cost-plus-a-fixed-fee contract for construction,
where cost estimates exceed $25,000, to be performed within the United States,
except Alaska, without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of Defense for
construction shall be available for hire of passenger motor vehicles.
SEC. 103. Funds appropriated to the Department of Defense for
construction may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads as
authorized by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense by the
Secretary of Defense.
SEC. 104. None of the funds made available in this Act may be used to
begin construction of new bases in the United States for which specific
appropriations have not been made.
SEC. 105. None of the funds made available in this Act shall be used
for purchase of land or land easements in excess of 100 percent of the value
as determined by the Army Corps of Engineers or the Naval Facilities
Engineering Command, except: (1) where there is a determination of value by a
Federal court; (2) purchases negotiated by the Attorney General or his
designee; (3) where the estimated value is less than $25,000; or (4) as
otherwise determined by the Secretary of Defense to be in the public
interest.
SEC. 106. None of the funds made available in this Act shall be used
to: (1) acquire land; (2) provide for site preparation; or (3) install
utilities for any family housing, except housing for which funds have been
made available in annual Military Construction Appropriations Acts.
SEC. 107. None of the funds made available in this Act for minor
construction may be used to transfer or relocate any activity from one base or
installation to another, without prior notification to the Committees on
Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this Act may be used for
the procurement of steel for any construction project or activity for which
American steel producers, fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
SEC. 109. None of the funds available to the Department of Defense for
military construction or family housing during the current fiscal year may be
used to pay real property taxes in any foreign nation.
SEC. 110. None of the funds made available in this Act may be used to
initiate a new installation overseas without prior notification to the
Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this Act may be
obligated for architect and engineer contracts estimated by the Government to
exceed $500,000 for projects to be accomplished in Japan, in any NATO member
country, or in countries bordering the Arabian Sea, unless such contracts are
awarded to United States firms or United States firms in joint venture with
host nation firms.
SEC. 112. None of the funds made available in this Act for military
construction in the United States territories and possessions in the Pacific
and on Kwajalein Atoll, or in countries bordering the Arabian Sea, may be used
to award any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive and responsible
bid of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if amounts
expended for construction, either temporary or permanent, are anticipated to
exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available in this
Act which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year.
(TRANSFER OF FUNDS)
SEC. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction authorized for
each such military department by the authorizations enacted into law during
the current session of Congress.
SEC. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for obligation,
expired or lapsed funds may be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those projects and on
subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any funds
appropriated to a military department or defense agency for the construction
of military projects may be obligated for a military construction project or
contract, or for any portion of such a project or contract, at any time before
the end of the fourth fiscal year after the fiscal year for which funds for
such project were appropriated if the funds obligated for such project: (1)
are obligated from funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus any amount by
which the cost of such project is increased pursuant to law.
SEC. 118. The Secretary of Defense is to provide the Committees on
Appropriations of both Houses of Congress with an annual report by February
15, containing details of the specific actions proposed to be taken by the
Department of Defense during the current fiscal year to encourage other member
nations of the North Atlantic Treaty Organization, Japan, Korea, and United
States allies bordering the Arabian Sea to assume a greater share of the
common defense burden of such nations and the United States.
(TRANSFER OF FUNDS)
SEC. 119. In addition to any other transfer authority available to the
Department of Defense, proceeds deposited to the Department of Defense Base
Closure Account established by section 207(a)(1) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526) pursuant
to section 207(a)(2)(C) of such Act, may be transferred to the account
established by section 2906(a)(1) of the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(TRANSFER OF FUNDS)
SEC. 120. Subject to 30 days prior notification to the Committees on
Appropriations of both Houses of Congress, such additional amounts as may be
determined by the Secretary of Defense may be transferred to (1) the
Department of Defense Family Housing Improvement Fund from amounts
appropriated for construction in `Family Housing' accounts, to be merged with
and to be available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund, or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in `Military Construction'
accounts, to be merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the Fund:
Provided, That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan guarantees issued by
the Department of Defense pursuant to the provisions of subchapter IV of
chapter 169, title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
SEC. 121. None of the funds made available in this Act may be
obligated for Partnership for Peace Programs in the New Independent States of
the former Soviet Union.
SEC. 122. (a) Not later than 60 days before issuing any solicitation
for a contract with the private sector for military family housing the
Secretary of the military department concerned shall submit to the Committees
on Appropriations of both Houses of Congress the notice described in
subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments) proposed to be
made by the Secretary to the private party under the contract involved in the
event of--
(A) the closure or realignment of the installation for which housing
is provided under the contract;
(B) a reduction in force of units stationed at such installation;
or
(C) the extended deployment overseas of units stationed at such
installation.
(2) Each notice under this subsection shall specify the nature of the
guarantee involved and assess the extent and likelihood, if any, of the
liability of the Federal Government with respect to the guarantee.
(TRANSFER OF FUNDS)
SEC. 123. In addition to any other transfer authority available to the
Department of Defense, amounts may be transferred from the account established
by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990
(10 U.S.C. 2687 note), to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374)
to pay for expenses associated with the Homeowners Assistance Program. Any
amounts transferred shall be merged with and be available for the same
purposes and for the same time period as the fund to which
transferred.
SEC. 124. Notwithstanding this or any other provision of law, funds
made available in this Act for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of all
family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually
for the maintenance and repair of any general or flag officer quarters without
30 days prior notification to the appropriate Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification shall be
submitted if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary
of Defense (Comptroller) is to report annually to the Committees on
Appropriations of both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer quarters for the
prior fiscal year.
SEC. 125. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
SEC. 126. None of the funds made available in this Act under the
heading `North Atlantic Treaty Organization Security Investment Program', and
no funds appropriated for any fiscal year before fiscal year 2005 for that
program that remain available for obligation, may be obligated or expended for
the conduct of studies of missile defense.
SEC. 127. Section 128(b)3(A) of Public Law 108-132 is amended by
striking the words `December 31, 2004' and replacing with `August 15,
2005'.
SEC. 128. Whenever the Secretary of Defense or any other official of
the Department of Defense is requested by the Subcommittee on Military
Construction of the Committee on Appropriations of either House of Congress to
respond to a question or inquiry submitted by the chairman or another member
of that subcommittee pursuant to a subcommittee hearing or other activity, the
Secretary (or other official) shall respond to the request, in writing, within
21 days of the date on which the request is transmitted to the Secretary (or
other official).
SEC. 129. Amounts contained in the Ford Island Improvement Account
established under 10 U.S.C. 2814(h) are appropriated and shall be available
until expended for the purposes specified in 10 U.S.C. 2814(i)(1) or until
transferred pursuant to the provisions of 10 U.S.C. 2814(i)(3).
SEC. 130. The fitness center at Homestead Air Reserve Base, Florida,
shall be known and designated as the `Sam Johnson Fitness Center'. Any
reference to such facility in any law, regulation, map, document, record, or
other paper of the United States shall be considered to be a reference to the
Sam Johnson Fitness Center.
SEC. 131. (a) TRANSFER OF CERTAIN EXCESS PROPERTY AT FORT HUNTER
LIGGETT, CALIFORNIA-
(1) Notwithstanding any other provision of law, whenever the
Secretary of the Army determines that any portion of real property
consisting of approximately 165,000 acres at Fort Hunter Liggett,
California, is excess to the military needs of the Army, and the Secretary
of Defense concurs that the property is not needed to meet other Department
of Defense requirements, the Secretary of the Army shall first offer the
property to the Secretary of Agriculture.
(2) If the Secretary of Agriculture determines, pursuant to
negotiations with the Secretary of the Army, to accept the property offered
under paragraph (1), the Secretary of the Army shall transfer administrative
jurisdiction of such property to the Secretary of Agriculture.
(b) MANAGEMENT OF TRANSFERRED PROPERTY-
(1) The Secretary of Agriculture shall manage any property
transferred under subsection (a) as part of the National Forest System under
the Act of March 1, 1911 (commonly known as `Weeks Law') (16 U.S.C. 480 et
seq.), and other laws relating to the National Forest System.
(2) Any property managed under paragraph (1) shall be subject to the
concurrent jurisdiction of the State of California.
(c) ADJUSTMENT OF BOUNDARIES-
(1) Effective upon the transfer of property under subsection (a),
the boundaries of Los Padres National Forest shall be modified to
incorporate such property. The Chief of the United States Forest Service
shall file and make available for public inspection in the Office of the
Chief of the United States Forest Service in Washington, District of
Columbia, a map reflecting any modification of the boundaries of Los Padres
National Forest pursuant to the preceding sentence.
(2) Any property incorporated within the boundaries of Los Padres
National Forest under this section shall be deemed to have been within the
boundaries of Los Padres National Forest as of January 1, 1965, for purposes
of section 7(a) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9(a)).
(d) ENVIRONMENTAL MATTERS- As part of the transfer of property under
subsection (a), the Secretary of the Army shall perform, in accordance with
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), all environmental remediation actions necessary
to respond to environmental contamination or injury to natural resources
attributable to former military activities on the property.
SEC. 132. Unless stated otherwise, all reports and notifications
required by division A shall be submitted to the Subcommittee on Military
Construction of the Committee on Appropriations of each House of
Congress.
This division may be cited as the `Military Construction
Appropriations Act, 2005'.
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE
DISASTERS ASSISTANCE ACT, 2005
AN ACT
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2004, FOR ADDITIONAL DISASTER ASSISTANCE RELATING TO NATURAL
DISASTERS, AND FOR OTHER PURPOSES.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending September 30,
2005, to provide emergency supplemental appropriations for additional disaster
assistance relating to natural disasters, and for other purposes,
namely:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for `Emergency Conservation Program', for
expenses resulting from natural disasters, $100,000,000, to remain available
until expended: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for `Emergency Watershed Protection Program'
to repair damages to the waterways and watersheds resulting from natural
disasters, $250,000,000, to remain available until expended:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
RURAL DEVELOPMENT
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for the `Rural Community Advancement
Program', $68,000,000, to remain available until expended: Provided,
That $50,000,000 shall be available for water and waste disposal grants as
authorized by 7 U.S.C. 1926(a): Provided further, That $18,000,000
shall be for the cost of community facility direct loans and grants as
authorized by 7 U.S.C. 1926(a): Provided further, That loans and
grants under this heading shall be available for projects in communities
affected by hurricanes and tropical storms in calendar year 2003 or 2004:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For additional gross obligations for the principal amount of direct
loans as authorized by title V of the Housing Act of 1949, to be available
from funds in the rural housing insurance fund, $17,000,000 for section 504
housing repair loans: Provided, That this loan level shall be
considered an estimate and not a limitation.
For the additional cost of direct loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget Act of
1974: section 504 housing repair loans, $5,000,000, to remain available until
expended: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
RURAL HOUSING ASSISTANCE GRANTS
For an additional amount for `Rural Housing Assistance Grants',
$13,000,000, to remain available until expended, of which $8,000,000 shall be
for grants and contracts for very low-income housing repair, made by the Rural
Housing Service, as authorized by 42 U.S.C. 1474, and of which $5,000,000
shall be for domestic farm labor housing grants and contracts, as authorized
by 42 U.S.C. 1486: Provided, That of the funds made available for
domestic farm labor housing grants, the Secretary may use up to $3,000,000 to
provide grants authorized under 42 U.S.C. 5 177a(a): Provided
further, That such grants and contracts under this heading shall only be
available for projects in communities affected by hurricanes and tropical
storms in calendar year 2003 or 2004: Provided further, That the
amounts provided under this heading are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.
(a) Crop Disaster Assistance-
(1) DEFINITIONS- In this subsection:
(A) ADDITIONAL COVERAGE- The term `additional coverage' has the
meaning given the term in section 502(b)(1) of the Federal Crop Insurance
Act (7 U.S.C. 1502(b)(1)).
(B) INSURABLE COMMODITY- The term `insurable commodity' means an
agricultural commodity (excluding livestock) for which the producers on a
farm are eligible to obtain a policy or plan of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(C) 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 Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333).
(2) EMERGENCY FINANCIAL ASSISTANCE- Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture shall use such sums as are necessary of funds of
the Commodity Credit Corporation to make emergency financial assistance
authorized under this subsection available to producers on a farm other than
producers of cottonseed or sugar cane that have incurred qualifying crop or
quality losses for the 2003, 2004, or 2005 crop (as elected by a producer),
but limited to only one of the crop years listed, due to damaging weather or
related condition, as determined by the Secretary: Provided, That
qualifying crop losses for the 2005 crop are limited to only those losses
caused by a hurricane or tropical storm of the 2004 hurricane season in
counties declared disaster areas by the President of the United States:
Provided further, That notwithstanding the crop year election
limitation in this paragraph, $53,000,000 shall be provided to the Secretary
of Agriculture, of which $50,000,000 shall be for crop losses in the
Commonwealth of Virginia, and of which $3,000,000 shall be for fruit and
vegetable losses in the State of North Carolina: Provided further,
That these losses resulted from hurricanes, tropical storms, and other
weather related disasters that occurred during calendar year 2003, to remain
available until expended.
(3) ADMINISTRATION- The Secretary shall make assistance available
under this subsection in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat.
1549A-55), including using the same loss thresholds for the quantity and
quality losses as were used in administering that section.
(4) INELIGIBILITY FOR ASSISTANCE- Except as provided in paragraph
(5), the producers on a farm shall not be eligible for assistance under this
subsection with respect to losses to an insurable commodity or noninsurable
commodity if the producers on the farm--
(A) in the case of an insurable commodity, did not obtain a policy
or plan of insurance for the insurable commodity under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the
losses;
(B) in the case of a noninsurable commodity, did not file the
required paperwork, and pay the administrative 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;
(C) had adjusted gross incomes, as defined by section 1001D of the
Food Security Act of 1985, of greater than $2,500,000 in 2003;
or
(D) were not in compliance with highly erodible land conservation
and wetland conservation provisions.
(5) CONTRACT WAIVER- The Secretary may waive paragraph (4) with
respect to the producers on a farm if the producers enter into a contract
with the Secretary under which the producers agree--
(A) in the case of an insurable commodity, to obtain 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
(B) in the case of a noninsurable commodity, to file the required
paperwork and pay the administrative 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 Improvement and Reform Act of
1996 (7 U.S.C. 7333).
(6) EFFECT OF VIOLATION- In the event of the violation of a contract
under paragraph (5) by a producer, the producer shall reimburse the
Secretary for the full amount of the assistance provided to the producer
under this subsection.
(A) LIMIT ON AMOUNT OF ASSISTANCE- Assistance provided under this
subsection to a producer for losses to a crop, together with the amounts
specified in subparagraph (B) applicable to the same crop, may not exceed
95 percent of what the value of the crop would have been in the absence of
the losses, as estimated by the Secretary.
(B) OTHER PAYMENTS- In applying the limitation in subparagraph
(A), the Secretary shall include the following:
(i) Any crop insurance payment made under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of
the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C.
7333) that the producer receives for losses to the same
crop.
(ii) The value of the crop that was not lost (if any), as
estimated by the Secretary.
(C) EFFECT OF FLORIDA DISASTER PROGRAMS- Persons that received
payments from section 32 of the Act of August 24, 1935 with respect to
2004 hurricane crop losses are not eligible for payments under this
subsection.
(b) Livestock Assistance Program-
(1) EMERGENCY FINANCIAL ASSISTANCE- The Secretary of Agriculture
shall use such sums as are necessary of funds of the Commodity Credit
Corporation to make and administer payments for livestock losses to
producers 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 Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-51).
(2) ADMINISTRATION- The Secretary shall make assistance available
under this subsection in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat.
1549A-51).
(3) 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 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.
(c) Tree Assistance Program-
(1) EMERGENCY ASSISTANCE- The Secretary of Agriculture 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
sections 10201 through 10204 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered tree losses during
the period beginning on December 1, 2003, and ending on December 31,
2004.
(2) ADDITIONAL ASSISTANCE- In addition to providing assistance to
eligible orchardists under the tree assistance program, the Secretary shall
use an additional $15,000,000 of the funds of the Commodity Credit
Corporation to provide reimbursement under sections 10203 and 10204 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8203, 8204) to
eligible forest land owners who produce periodic crops of timber from trees
for commercial purposes and who have suffered tree losses during the period
specified in paragraph (1).
(3) EFFECT OF FLORIDA DISASTER PROGRAMS- Persons that received
payments from section 32 of the Act of August 24, 1935 with respect to 2004
hurricane crop losses are not eligible for payments under this
section.
(d) Emergency Conservation Program- The Secretary of Agriculture shall
use an additional $50,000,000 of the funds of the Commodity Credit Corporation
to provide assistance under the Emergency Conservation Program under title IV
of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.).
(e) Offset- Section 1241(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(3)) is amended by inserting before the period at the end the
following: `, using not more than $6,037,000,000 for the period of fiscal
years 2005 through 2014'.
(f) That for purposes of the budget scoring guidance in effect for the
Congress and the Executive branch respectively, and notwithstanding the Budget
Scorekeeping Guidelines set forth in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-217, any savings
from subsection (e) shall not be scored until fiscal year 2008.
(g) The issuance of regulations shall be made without regard to: (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. 138O4), 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'):
Provided, That in carrying out this section, the Secretary shall use
the authority provided under section 808 of title 5, United States
Code.
SEC. 102. The Secretary of Agriculture shall use $40,000,000, of
which, $7,200,000 shall be provided to the State of Hawaii for assistance to
an agricultural transportation cooperative in Hawaii, the members of which are
eligible to participate in the Farm Service Agency administered Commodity Loan
Program, and of which $32,800,000 shall be to make payments to processors in
Florida that are eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to
compensate first processors and producers for crop and other losses that are
related to hurricanes, tropical storms, excessive rains, and floods in Florida
during calendar year 2004, to be calculated and paid on the basis of losses on
40 acre harvesting units, in counties declared a disaster by the President of
the United States in 2004 due to hurricanes, on the same terms and conditions,
to the extent practicable, as the payments made under section 207 of the
Agricultural Assistance Act of 2003 (Public Law 108-7).
SEC. 103. The Secretary of Agriculture shall use $10,000,000 to make
payments to dairy producers for dairy production losses, and dairy spoilage
losses in counties declared a disaster by the President of the United States
in 2004 due to hurricanes.
SEC. 104. The Secretary of Agriculture shall use $10,000,000 to
provide assistance to producers and first handlers of the 2004 crop of
cottonseed located in counties declared a disaster by the President of the
United States in 2004 due to hurricanes.
SEC. 105. (a) The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out section 101, 102,
103, 104, 108, 109, 110, and 111 of this chapter, to remain available until
expended.
(b) The amounts provided under sections 101, 102, 103, 104, 108, 109,
110, and 111 in this chapter are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
SEC. 106. (a) RURAL COMMUNITY ADVANCEMENT PROGRAM- The communities in
Burlington and Camden Counties in New Jersey, affected by the flood which
occurred on July 12, 2004, are deemed to be rural areas during fiscal year
2005 for purposes of subtitle E of the Consolidated Farm and Rural Development
Act. Any limitations under subtitle E of the Consolidated Farm and Rural
Development Act that are based on the income of families shall not apply
during fiscal year 2005 with respect to such communities, or to businesses or
families residing in such communities.
(b) RURAL HOUSING INSURANCE FUND AND RURAL HOUSING ASSISTANCE GRANTS-
The communities referred to in subsection (a) are deemed to be rural areas
during fiscal year 2005 for purposes of the direct and guaranteed loan
programs under title V of the Housing Act of 1949 and the grant programs under
sections 504, 509(c), 525, and 533 of such title V. Any limitations under
title V of the Housing Act of 1949 that are based on the income of families
shall not apply during fiscal year 2005 with respect to such communities or to
families residing in such communities.
SEC. 107. The Secretary of Agriculture shall provide financial and
technical assistance to repair, and if necessary, replace Hope Mills Dam,
Cumberland County, North Carolina, in accordance with the dam safety standards
of the state of North Carolina: Provided, That from within the funds
provided in this chapter for the Emergency Watershed Protection program of the
Natural Resources Conservation Service $1,600,000 is provided for this
purpose.
SEC. 108. The Secretary shall provide $90,000,000 to the fund
established by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to
make payments with respect to 2004 hurricane losses.
SEC. 109. The Secretary, acting through the Farm Service Agency, may
use not more than $4,000,000 to cover administrative expenses associated with
the implementation of sections 101 and 102 of this chapter.
SEC. 110. In addition to amounts provided in this Act for the tree
assistance program, $10,000,000 shall be made available to the Secretary of
Agriculture, to remain available until expended, to provide assistance to
eligible private forest landowners owning not more than 5,000 acres of forest
crop in counties declared Presidential disaster areas as a result of
hurricane, tropical storm, or related events for the purposes of debris
removal, replanting of timber, and other such purposes.
SEC. 111. In addition to amounts provided in this Act for the tree
assistance program, $8,500,000 shall be made available to the Secretary of
Agriculture, to remain available until expended, 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 pecan producers in counties
declared a disaster by the President of the United States who suffered tree
loss or damage due to damaging weather related to any hurricane or tropical
storm of the 2004 hurricane season: Provided, That the funds made
available under this section shall also be made available to cover costs
associated with pruning, rehabilitating, and other appropriate activities as
determined by the Secretary.
CHAPTER 2
DEPARTMENT OF JUSTICE
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $5,500,000, to
remain available until September 30, 2005, for emergency hurricane-related
expenses: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
BUILDINGS AND FACILITIES
For an additional amount for `Buildings and Facilities', $18,600,000,
to remain available until expended for emergency hurricane-related expenses:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH AND FACILITIES
For an additional amount for `Operations, Research, and Facilities',
$16,900,000, to remain available until September 30, 2006, of which $9,000,000
shall be for reseeding, rehabilitation and restoration of oyster reefs in
Alabama, Florida, Louisiana, and Mississippi: Provided, That such
amount is designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for `Procurement, Acquisition and
Construction', $3,800,000, to remain available until September 30, 2007:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for `Disaster Loans Program Account' for the
cost of direct loans, $501,000,000, 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.
In addition, for an additional amount for `Disaster Loans Program
Account' for administrative expenses to carry out the disaster loan program,
$428,000,000, to remain available until expended, which may be transferred to
the appropriations for `Salaries and Expenses': Provided, That no
funds shall be transferred to the appropriations for `Salaries and Expenses'
for indirect administrative expenses: Provided further, That the
amounts provided under this heading are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Army',
$8,600,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs incurred in
fiscal year 2004: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Navy',
$458,000,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs incurred in
fiscal year 2004: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
OPERATION AND MAINTENANCE, MARINE CORPS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Marine
Corps', $1,300,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs incurred in
fiscal year 2004: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Air Force',
$165,400,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs incurred in
fiscal year 2004: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance,
Defense-Wide', $100,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That the Secretary of
Defense may transfer these funds to appropriations for military personnel;
operation and maintenance; the Defense Health Program; and working capital
funds: Provided further, That funds transferred shall be merged with
and be available for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer: Provided further,
That the Secretary shall submit a report no later than 30 days after the end
of each fiscal quarter to the congressional defense committees summarizing the
details of the transfer of funds from this appropriation: Provided
further, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
OPERATION AND MAINTENANCE, ARMY RESERVE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Army
Reserve', $1,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
OPERATION AND MAINTENANCE, NAVY RESERVE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Navy
Reserve', $1,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Air Force
Reserve', $2,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Army National
Guard', $10,500,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Operation and Maintenance, Air National
Guard', $2,200,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs incurred in
fiscal year 2004: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for `Other Procurement, Air Force',
$2,500,000, to remain available until September 30, 2007, for emergency
hurricane and other natural disaster-related expenses, which shall be
available for transfer to reimburse costs incurred in fiscal year 2004:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
PROCUREMENT, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Procurement, Defense-Wide',
$140,000,000, to remain available until September 30, 2007, for emergency
hurricane and other natural disaster-related expenses, which shall be
available for transfer to reimburse costs incurred in fiscal year 2004, for
the costs of repairs to structures and facilities, replacement of destroyed or
damaged equipment, and preparation and recovery of naval vessels under
construction: Provided, That the Secretary of Defense may transfer
these funds to appropriations for operation and maintenance; procurement; and
research, development, test and evaluation: Provided further, That
funds transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details of any
such transfer: Provided further, That the Secretary shall submit a
report no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the transfer of
funds from this appropriation: Provided further, That not less than
$10,500,000 shall be transferred to `Aircraft Procurement, Air Force' for the
procurement of WC-130 Hurricane Tracking Equipment: Provided further,
That not less than $10,000,000 shall be transferred to `Missile Procurement,
Air Force', and not less than $10,000,000 shall be transferred to `Other
Procurement, Air Force' for costs associated with delayed satellite launches:
Provided further, That not less than $18,700,000 shall be transferred
to `Other Procurement, Air Force' for Continuity of Operations equipment
procurement at Headquarters United States Central Command: Provided
further, That not less than $20,000,000 shall be available only for
replacement of laboratory and test range equipment at Eglin Air Force Base:
Provided further, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Defense Working Capital Funds',
$4,100,000, for emergency hurricane and other natural disaster-related
expenses, and which shall be available for transfer to reimburse costs
incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Defense Health Program', $12,000,000,
for emergency hurricane and other natural disaster-related expenses, which
shall be available for transfer to reimburse costs incurred in fiscal year
2004: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 301. Appropriations provided in this chapter are available for
obligation until September 30, 2005, unless otherwise so provided in this
chapter.
SEC. 302. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
SEC. 303. Unless specifically enumerated elsewhere in this chapter,
none of the funds provided in this chapter may be used to finance programs or
activities denied by Congress in fiscal years 2004 and 2005 defense
appropriations, or to initiate a procurement or research, development, test
and evaluation new start program without prior notification to the
congressional defense committees.
SEC. 304. Section 8007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287); 118 Stat. 970), is amended by striking the
words `in session'.
(TRANSFER OF FUNDS)
SEC. 305. Upon his determination that such action is necessary in the
national interest to address emergency hurricane and other natural
disaster-related expenses, the Secretary of Defense may transfer between
appropriations up to $200,000,000 of the funds made available to the
Department of Defense in this chapter: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287): Provided
further, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
SEC. 306. Section 9010(b) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1008; 10 U.S.C. 113 note), is amended
by striking `section 12304' in paragraphs (7) and (8) and inserting `section
12302'.
(INCLUDING TRANSFER OF FUNDS)
SEC. 307. Technical Adjustments to Public Law 108-287. Notwithstanding
any other provision in law, the following adjustments and transfers shall
apply to funds previously made available and to restrictions in the Department
of Defense Appropriations Act, 2005 (Public Law 108-287):
(1) ARMORED PASSENGER VEHICLES- Under the heading, `Other
Procurement, Army', strike `purchase of 1 vehicle' and insert `purchase of
21 vehicles', and under the heading, `Other Procurement, Army', strike `not
to exceed $200,000' and insert `not to exceed $275,000': Provided,
That any purchases under the authority of this section in excess of one
vehicle may only be in direct support of force protection
requirements.
(2) TRANSFER OF FUNDS- Upon enactment of this Act, the Secretary of
Defense shall make the following transfer of funds: Provided, That
the amounts transferred shall be made available for the same purpose and the
same time period as the appropriation to which transferred: Provided
further, That the authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That all such amounts in this section are
designated as an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287: Provided further, That the amounts
shall be transferred between the following appropriations, in the amounts
specified:
Under the heading, `Research, Development, Test and Evaluation,
Defense-Wide, 2005/2006', $5,950,000;
Under the heading, `Operation and Maintenance, Army',
$5,950,000.
Under the heading, `Procurement, Marine Corps, 2005/2007', as
provided in title IX of Public Law 108-287, $7,000,000;
Under the heading, `Operation and Maintenance, Marine Corps', as
provided in title IX of Public Law 108-287, $7,000,000.
The Department of Veterans Affairs, under the heading, `Medical
Services', $500,000;
Under the heading, `Defense Health Program', Operation and
Maintenance, $500,000.
Under the heading, `Operation and Maintenance, Army National
Guard', $1,400,000;
Under the heading, `Operation and Maintenance, Army',
$1,400,000.
(3) SECTION 9014 AUTHORITIES- The authority provided in section 9014
of the Department of Defense Appropriations Act, 2005 (Public Law 108-287;
118 Stat. 1009), shall apply with respect to the period beginning on June
29, 2003, and ending on August 4, 2004, in addition to the period of
applicability provided pursuant to section 9001 of that Act.
SEC. 308. Section 9007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), is amended by striking `$300,000,000', and
inserting `$500,000,000'.
SEC. 309. Section 9006 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287), is amended by striking `New Iraqi Army', and
inserting `Iraqi Armed Forces, to include the Iraqi National Guard'.
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS--CIVIL
GENERAL INVESTIGATIONS
For an additional amount for `General Investigations' for emergency
expenses for the update of studies necessitated by storm damage to shore
protection projects, $400,000, to remain available until expended:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
CONSTRUCTION, GENERAL
For an additional amount for `Construction, General' for emergency
expenses for repair of storm damage for authorized shore protection projects
and assessment of project performance of such projects, $62,600,000, to remain
available until expended: Provided, That such amount is designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE
For an additional amount for `Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri
and Tennessee' for emergency expenses for levee and revetment repair and for
emergency dredging, $6,000,000, to remain available until expended:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for `Operation and Maintenance, General' for
emergency expenses for repair of storm damage to authorized projects,
$145,400,000, to remain available until expended: Provided, That such
amount is designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for `Flood Control and Coastal Emergencies'
for emergency expenses for repair of damage to flood control and hurricane
shore protection projects by storms and other natural disasters, $148,000,000,
to remain available until expended: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
SEC. 401. For an additional amount to address drought conditions in
the State of Nevada, $5,000,000 is provided to the Secretary of Interior,
acting through the Commissioner of the Bureau of Reclamation, for the Southern
Nevada Water Authority for modification of the water intake at Lake Mead, to
remain available until expended: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
SEC. 402. For an additional amount to address storm damage,
$10,000,000 is provided for the Secretary of the Army, acting through the
Chief of Engineers, to repair, restore, and clean-up Corps projects and
facilities; dredge navigation channels; restore and clean out area streams;
provide emergency streambank protection; restore other crucial public
infrastructure (including sewer and water facilities); document flood impacts;
and undertake other flood recovery efforts deemed necessary and advisable by
the Chief of Engineers for Federally declared disaster areas in West Virginia,
to remain available until expended: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for `International Disaster and Famine
Assistance', $100,000,000, to remain available until September 30, 2005:
Provided, That funds appropriated by this paragraph shall be
available to respond to the disasters caused by hurricanes and tropical storms
in the Caribbean region: Provided further, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287: Provided further, That funds appropriated by this
paragraph shall be available notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act of 1956.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for `Operating Expenses' for expenses
resulting from the recent natural disasters in the southeastern United States,
$33,367,310, to remain available until expended: Provided, That the
amounts provided herein are designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
EMERGENCY PREPAREDNESS AND RESPONSE
DISASTER RELIEF
For an additional amount for `Disaster Relief', $6,500,000,000, to
remain available until expended: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For an additional amount for `Construction', $40,552,000, to remain
available until expended, to address damages from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for `Construction', $50,802,000, to remain
available until expended, to address damages from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for `Surveys, Investigations, and Research',
$1,000,000, to remain available until expended: Provided, That such
amount is designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATE AND PRIVATE FORESTRY
For an additional amount for `State and Private Forestry',
$49,100,000, to remain available until expended, to address damages from
natural disasters: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
NATIONAL FOREST SYSTEM
For an additional amount for `National Forest System', $12,153,000, to
remain available until expended, to address damages from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
WILDLAND FIRE MANAGEMENT
For an additional amount for `Wildland Fire Management', $1,028,000,
to remain available until expended, to address damages from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for `Capital Improvement and Maintenance',
$50,815,000, to remain available until expended, to address damages from
natural disasters: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
CHAPTER 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENTAL MANAGEMENT
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for `Public Health and Social Services
Emergency Fund' to support aging services, social services and health services
associated with natural disaster recovery and response efforts, $50,000,000,
to remain available until expended: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for `Military Construction, Navy and Marine
Corps', $138,800,000, to remain available until September 30, 2007, for
emergency expenses resulting from natural disasters: Provided, That
such amount is designated as an emergency requirement pursuant to section 402
of S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287: Provided further, That
notwithstanding any other provision of law, such funds may be obligated and
expended to carry out planning and design and military construction projects
not otherwise authorized by law: Provided further, That none of these
funds may be obligated for new construction projects until fourteen days after
the Secretary of the Navy provides a notification that describes the project,
including the form 1391, to the Subcommittee on Military Construction of the
Committee on Appropriations and the Committee on Armed Services of both Houses
of Congress.
MILITARY CONSTRUCTION, ARMY RESERVE
For an additional amount for `Military Construction, Army Reserve',
$8,700,000, to remain available until September 30, 2007, for emergency
expenses resulting from natural disasters: Provided, That such amount
is designated as an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That notwithstanding any
other provision of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not otherwise
authorized by law.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For an additional amount for `Family Housing Operation and
Maintenance, Army', $1,200,000, to remain available until September 30, 2005,
for emergency expenses resulting from natural disasters: Provided,
That such amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE
CORPS
For an additional amount for `Family Housing Operation and
Maintenance, Navy and Marine Corps', $9,100,000, to remain available until
September 30, 2005, for emergency expenses resulting from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for `Family Housing Operation and
Maintenance, Air Force', $11,400,000, to remain available until September 30,
2005, for emergency expenses resulting from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
BASE REALIGNMENT AND CLOSURE ACCOUNT
For an additional amount to be deposited into the Department of
Defense Base Closure Account 1990, $50,000, to remain available until
September 30, 2005, for emergency expenses resulting from natural disasters:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount for `Facilities and Equipment', for expenses
resulting from the recent natural disasters in the southeastern United States,
$5,100,000, to be derived from the airport and airway trust fund and to remain
available until expended: Provided, That such amount is designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
EMERGENCY ASSISTANCE TO AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency capital costs to repair or replace public use facilities
at public use airports listed in the Federal Aviation Administration's
National Plan of Integrated Airport Systems resulting from damage from
hurricanes Charley, Frances, Ivan, and Jeanne, to enable the Federal Aviation
Administrator to compensate airports for such costs, $25,000,000, to be
derived from the airport and airway trust fund and to remain available until
expended: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for `Emergency Relief Program', emergency
expenses resulting from 2004 Hurricanes Charley, Frances, Gaston, Ivan, and
Jeanne, as authorized by 23 U.S.C. 125, $1,202,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That notwithstanding 23 U.S.C.
125(d)(1), the Secretary of Transportation may obligate more than $100,000,000
for projects arising from hurricanes Charley, Frances, Ivan, and Jeanne:
Provided further, That any amounts in excess of those necessary for
emergency expenses relating to the above hurricanes may be used for other
projects authorized under 23 U.S.C. 125: Provided further, That the
amounts provided under this heading are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
EXECUTIVE OFFICE OF THE PRESIDENT
UNANTICIPATED NEEDS
For an additional amount for `Unanticipated Needs', not to exceed
$70,000,000, to remain available until September 30, 2005, for the American
Red Cross for reimbursement of disaster relief and recovery expenditures and
emergency services associated with Hurricanes Charley, Frances, Ivan, and
Jeanne, and only to the extent funds are not made available for those
activities by other federal sources: Provided, That these funds may
be administered by any authorized federal government agency to meet the
purposes of this provision and that total administrative costs shall not
exceed three percent of the total appropriation: Provided further,
That the Comptroller General shall audit the use of these funds by the
American Red Cross: Provided further, That such amount is designated
as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
CHAPTER 11
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
For an additional amount for `Medical services' for expenses related
to recent natural disasters in the Southeast, $38,283,000, to remain available
until September 30, 2005: Provided, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
MEDICAL ADMINISTRATION
For an additional amount for `Medical administration' for expenses
related to recent natural disasters in the Southeast, $1,940,000, to remain
available until September 30, 2005: Provided, That the amounts
provided herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
MEDICAL FACILITIES
For an additional amount for `Medical facilities' for expenses related
to recent natural disasters, $46,909,000, to remain available until September
30, 2006: Provided, That the amounts provided herein are designated
as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For an additional amount for `General operating expenses', for
expenses related to recent natural disasters, $545,000, to remain available
until September 30, 2005: Provided, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
NATIONAL CEMETERY ADMINISTRATION
For an additional amount for `National Cemetery Administration', for
expenses related to recent natural disasters in the Southeast, $50,000, to
remain available until September 30, 2005: Provided, That the amounts
provided herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
CONSTRUCTION, MINOR PROJECTS
For an additional amount for `Construction, minor projects', for
expenses related to recent natural disasters, $36,343,000, to remain available
until expended: Provided, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for `Community development fund', for
activities authorized under title I of the Housing and Community Development
Act of 1974, for use only for disaster relief, long-term recovery, and
mitigation in communities affected by disasters designated by the President
between August 31, 2003 and October 1, 2004, except those activities
reimbursable by the Federal Emergency Management Agency or available through
the Small Business Administration, and for reimbursement for expenditures
incurred from the regular Community Development Block Grant formula allocation
used to achieve these same purposes, $150,000,000, to remain available until
September 30, 2007: Provided, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287: Provided further, That all funds under this
heading shall be awarded by the Secretary to states (including Indian tribes
for all purposes under this heading) to be administered by each state in
conjunction with its community development block grants program: Provided
further, That notwithstanding 42 U.S.C. 5306(d)(2), states are authorized
to provide such assistance to entitlement communities: Provided
further, That in administering these funds, the Secretary 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 Secretary or the use by the recipient of these funds (except for
requirements related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding that such waiver is required to facilitate
the use of such funds, and would not be inconsistent with the overall purpose
of the statute: Provided further, That the Secretary may waive the
requirements that activities benefit persons of low and moderate income,
except that at least 50 percent of the funds under this heading must benefit
primarily persons of low and moderate income unless the Secretary makes a
finding of compelling need: Provided further, That the Secretary
shall publish in the Federal Register any waiver of any statute or regulation
authorized under this heading no later than 5 days before the effective date
of such waiver: Provided further, That any project or activity
underway prior to a Presidential disaster declaration may not receive funds
under this heading unless the disaster directly impacted the project:
Provided further, That each state shall provide not less than 10
percent in non-Federal public matching funds or its equivalent value (other
than administrative costs) for any funds allocated to the state under this
heading.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
For an additional amount for `Buildings and facilities' for expenses
related to recent natural disasters, $3,000,000, to remain available until
September 30, 2006: Provided, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007 of
Public Law 108-287.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SPACE FLIGHT CAPABILITIES
For an additional amount for `Space flight capabilities', to repair
assets damaged and take other emergency measures due to the effects of
hurricanes and other disasters declared by the President, $126,000,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
SEC. 1101. From funds that are available in the unobligated balances
of any funds appropriated under `Medical services', for fiscal year 2004, the
Secretary of Veterans Affairs may transfer up to $125,000,000 to `General
operating expenses', for costs associated with processing claims where the
basis of the entitlement is claimed disability incurred as a result of a
veteran's service, subject
to a determination by the Secretary of Veterans Affairs that such
additional funds are necessary.
CHAPTER 12
GENERAL PROVISION--THIS ACT
SEC. 1201. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
This division may be cited as the `Emergency Supplemental
Appropriations for Hurricane Disasters Assistance Act, 2005'.
DIVISION C--ALASKA NATURAL GAS PIPELINE
SEC. 101. SHORT TITLE.
This division may be cited as the `Alaska Natural Gas Pipeline
Act'.
SEC. 102. DEFINITIONS.
(1) ALASKA NATURAL GAS- The term `Alaska natural gas' means natural
gas derived from the area of the State of Alaska lying north of 64 degrees
north latitude.
(2) ALASKA NATURAL GAS TRANSPORTATION PROJECT- The term `Alaska
natural gas transportation project' means any natural gas pipeline system
that carries Alaska natural gas to the border between Alaska and Canada
(including related facilities subject to the jurisdiction of the Commission)
that is authorized under--
(A) the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.
719 et seq.); or
(3) ALASKA NATURAL GAS TRANSPORTATION SYSTEM- The term `Alaska
natural gas transportation system' means the Alaska natural gas
transportation project authorized under the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719 et seq.) and designated and
described in section 2 of the President's decision.
(4) COMMISSION- The term `Commission' means the Federal Energy
Regulatory Commission.
(5) FEDERAL COORDINATOR- The term `Federal Coordinator' means the
head of the Office of the Federal Coordinator for Alaska Natural Gas
Transportation Projects established by section 106(a).
(6) PRESIDENT'S DECISION- The term `President's decision' means the
decision and report to Congress on the Alaska natural gas transportation
system--
(A) issued by the President on September 22, 1977, in accordance
with section 7 of the Alaska Natural Gas Transportation Act of 1976 (15
U.S.C. 719e); and
(B) approved by Public Law 95-158 (15 U.S.C. 719f note; 91 Stat.
1268).
(7) SECRETARY- The term `Secretary' means the Secretary of
Energy.
(8) STATE- The term `State' means the State of Alaska.
SEC. 103. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY.
(a) AUTHORITY OF THE COMMISSION- Notwithstanding the Alaska Natural
Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), the Commission may, in
accordance with section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)),
consider and act on an application for the issuance of a certificate of public
convenience and necessity authorizing the construction and operation of an
Alaska natural gas transportation project other than the Alaska natural gas
transportation system.
(b) ISSUANCE OF CERTIFICATE-
(1) IN GENERAL- The Commission shall issue a certificate of public
convenience and necessity authorizing the construction and operation of an
Alaska natural gas transportation project under this section if the
applicant has satisfied the requirements of section 7(e) of the Natural Gas
Act (15 U.S.C. 717f(e)).
(2) CONSIDERATIONS- In considering an application under this
section, the Commission shall presume that--
(A) a public need exists to construct and operate the proposed
Alaska natural gas transportation project; and
(B) sufficient downstream capacity will exist to transport the
Alaska natural gas moving through the project to markets in the contiguous
United States.
(c) EXPEDITED APPROVAL PROCESS- Not later than 60 days after the date
of issuance of the final environmental impact statement under section 104 for
an Alaska natural gas transportation project, the Commission shall issue a
final order granting or denying any application for a certificate of public
convenience and necessity for the project under section 7(c) of the Natural
Gas Act (15 U.S.C. 717f(c)) and this section.
(d) PROHIBITION OF CERTAIN PIPELINE ROUTE- No license, permit, lease,
right-of-way, authorization, or other approval required under Federal law for
the construction of any pipeline to transport natural gas from land within the
Prudhoe Bay oil and gas lease area may be granted for any pipeline that
follows a route that--
(1) traverses land beneath navigable waters (as defined in section 2
of the Submerged Lands Act (43 U.S.C. 1301)) beneath, or the adjacent
shoreline of, the Beaufort Sea; and
(2) enters Canada at any point north of 68 degrees north
latitude.
(1) IN GENERAL- Not later than 120 days after the date of enactment
of this Act, the Commission shall issue regulations governing the conduct of
open seasons for Alaska natural gas transportation projects (including
procedures for the allocation of capacity).
(2) REGULATIONS- The regulations referred to in paragraph (1)
shall--
(A) include the criteria for and timing of any open
seasons;
(B) promote competition in the exploration, development, and
production of Alaska natural gas; and
(C) for any open season for capacity exceeding the initial
capacity, provide the opportunity for the transportation of natural gas
other than from the Prudhoe Bay and Point Thomson units.
(3) APPLICABILITY- Except in a case in which an expansion is ordered
in accordance with section 105, initial or expansion capacity on any Alaska
natural gas transportation project shall be allocated in accordance with
procedures to be established by the Commission in regulations issued under
paragraph (1).
(f) PROJECTS IN THE CONTIGUOUS UNITED STATES-
(1) IN GENERAL- An application for additional or expanded pipeline
facilities that may be required to transport Alaska natural gas from Canada
to markets in the contiguous United States may be made in accordance with
the Natural Gas Act (15 U.S.C. 717a et seq.).
(2) EXPANSION- To the extent that a pipeline facility described in
paragraph (1) includes the expansion of any facility constructed in
accordance with the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.
719 et seq.), that Act shall continue to apply.
(g) STUDY OF IN-STATE NEEDS- The holder of the certificate of public
convenience and necessity issued, modified, or amended by the Commission for
an Alaska natural gas transportation project shall demonstrate that the holder
has conducted a study of Alaska in-State needs, including tie-in points along
the Alaska natural gas transportation project for in-State access.
(1) IN GENERAL- Except as provided in paragraph (2), the Commission,
on a request by the State and after a hearing, may provide for reasonable
access to the Alaska natural gas transportation project by the State (or
State designee) for the transportation of royalty gas of the State for the
purpose of meeting local consumption needs within the State.
(2) EXCEPTION- The rates of shippers of subscribed capacity on an
Alaska natural gas transportation project described in paragraph (1), as in
effect as of the date on which access under that paragraph is granted, shall
not be increased as a result of such access.
(i) REGULATIONS- The Commission may issue such regulations as are
necessary to carry out this section.
SEC. 104. ENVIRONMENTAL REVIEWS.
(a) COMPLIANCE WITH NEPA- The issuance of a certificate of public
convenience and necessity authorizing the construction and operation of any
Alaska natural gas transportation project under section 103 shall be treated
as a major Federal action significantly affecting the quality of the human
environment within the meaning of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(b) DESIGNATION OF LEAD AGENCY-
(1) IN GENERAL- The Commission--
(A) shall be the lead agency for purposes of complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) shall be responsible for preparing the environmental impact
statement required by section 102(2)(c) of that Act (42 U.S.C. 4332(2)(c))
with respect to an Alaska natural gas transportation project under section
103.
(2) CONSOLIDATION OF STATEMENTS- In carrying out paragraph (1), the
Commission shall prepare a single environmental impact statement, which
shall consolidate the environmental reviews of all Federal agencies
considering any aspect of the Alaska natural gas transportation project
covered by the environmental impact statement.
(1) IN GENERAL- Each Federal agency considering an aspect of the
construction and operation of an Alaska natural gas transportation project
under section 103 shall--
(A) cooperate with the Commission; and
(B) comply with deadlines established by the Commission in the
preparation of the environmental impact statement under this
section.
(2) SATISFACTION OF NEPA REQUIREMENTS- The environmental impact
statement prepared under this section shall be adopted by each Federal
agency described in paragraph (1) in satisfaction of the responsibilities of
the Federal agency under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska natural
gas transportation project covered by the environmental impact
statement.
(d) EXPEDITED PROCESS- The Commission shall--
(1) not later than 1 year after the Commission determines that the
application under section 103 with respect to an Alaska natural gas
transportation project is complete, issue a draft environmental impact
statement under this section; and
(2) not later than 180 days after the date of issuance of the draft
environmental impact statement, issue a final environmental impact
statement, unless the Commission for good cause determines that additional
time is needed.
SEC. 105. PIPELINE EXPANSION.
(a) AUTHORITY- With respect to any Alaska natural gas transportation
project, on a request by 1 or more persons and after giving notice and an
opportunity for a hearing, the Commission may order the expansion of the
Alaska natural gas project if the Commission determines that such an expansion
is required by the present and future public convenience and
necessity.
(b) RESPONSIBILITIES OF COMMISSION- Before ordering an expansion under
subsection (a), the Commission shall--
(1) approve or establish rates for the expansion service that are
designed to ensure the recovery, on an incremental or rolled-in basis, of
the cost associated with the expansion (including a reasonable rate of
return on investment);
(2) ensure that the rates do not require existing shippers on the
Alaska natural gas transportation project to subsidize expansion
shippers;
(3) find that a proposed shipper will comply with, and the proposed
expansion and the expansion of service will be undertaken and implemented
based on, terms and conditions consistent with the tariff of the Alaska
natural gas transportation project in effect as of the date of the
expansion;
(4) find that the proposed facilities will not adversely affect the
financial or economic viability of the Alaska natural gas transportation
project;
(5) find that the proposed facilities will not adversely affect the
overall operations of the Alaska natural gas transportation
project;
(6) find that the proposed facilities will not diminish the contract
rights of existing shippers to previously subscribed certificated
capacity;
(7) ensure that all necessary environmental reviews have been
completed; and
(8) find that adequate downstream facilities exist or are expected
to exist to deliver incremental Alaska natural gas to market.
(c) REQUIREMENT FOR A FIRM TRANSPORTATION AGREEMENT- Any order of the
Commission issued in accordance with this section shall be void unless the
person requesting the order executes a firm transportation agreement with the
Alaska natural gas transportation project within such reasonable period of
time as the order may specify.
(d) LIMITATION- Nothing in this section expands or otherwise affects
any authority of the Commission with respect to any natural gas pipeline
located outside the State.
(e) REGULATIONS- The Commission may issue such regulations as are
necessary to carry out this section.
SEC. 106. FEDERAL COORDINATOR.
(a) ESTABLISHMENT- There is established, as an independent office in
the executive branch, the Office of the Federal Coordinator for Alaska Natural
Gas Transportation Projects.
(1) APPOINTMENT- The Office shall be headed by a Federal Coordinator
for Alaska Natural Gas Transportation Projects, who shall be appointed by
the President, by and with the advice and consent of the Senate, to serve a
term to last until 1 year following the completion of the project referred
to in section 103.
(2) COMPENSATION- The Federal Coordinator shall be compensated at
the rate prescribed for level III of the Executive Schedule (5 U.S.C.
5314).
(c) DUTIES- The Federal Coordinator shall be responsible for--
(1) coordinating the expeditious discharge of all activities by
Federal agencies with respect to an Alaska natural gas transportation
project; and
(2) ensuring the compliance of Federal agencies with the provisions
of this division.
(d) REVIEWS AND ACTIONS OF OTHER FEDERAL AGENCIES-
(1) EXPEDITED REVIEWS AND ACTIONS- All reviews conducted and actions
taken by any Federal agency relating to an Alaska natural gas transportation
project authorized under this section shall be expedited, in a manner
consistent with completion of the necessary reviews and approvals by the
deadlines under this division.
(2) PROHIBITION OF CERTAIN TERMS AND CONDITIONS- No Federal agency
may include in any certificate, right-of-way, permit, lease, or other
authorization issued to an Alaska natural gas transportation project any
term or condition that may be permitted, but is not required, by any
applicable law if the Federal Coordinator determines that the term or
condition would prevent or impair in any significant respect the expeditious
construction and operation, or an expansion, of the Alaska natural gas
transportation project.
(3) PROHIBITION OF CERTAIN ACTIONS- Unless required by law, no
Federal agency shall add to, amend, or abrogate any certificate,
right-of-way, permit, lease, or other authorization issued to an Alaska
natural gas transportation project if the Federal Coordinator determines
that the action would prevent or impair in any significant respect the
expeditious construction and operation, or an expansion, of the Alaska
natural gas transportation project.
(4) LIMITATION- The Federal Coordinator shall not have authority
to--
(i) the implementation or enforcement of regulations issued by
the Commission under section 103; or
(ii) an order by the Commission to expand the project under
section 105; or
(B) impose any terms, conditions, or requirements in addition to
those imposed by the Commission or any agency with respect to construction
and operation, or an expansion of, the project.
(1) IN GENERAL- The Federal Coordinator and the State shall enter
into a joint surveillance and monitoring agreement similar to the agreement
in effect during construction of the Trans-Alaska Pipeline, to be approved
by the President and the Governor of the State, for the purpose of
monitoring the construction of the Alaska natural gas transportation
project.
(2) PRIMARY RESPONSIBILITY- With respect to an Alaska natural gas
transportation project--
(A) the Federal Government shall have primary surveillance and
monitoring responsibility in areas where the Alaska natural gas
transportation project crosses Federal land or private land;
and
(B) the State government shall have primary surveillance and
monitoring responsibility in areas where the Alaska natural gas
transportation project crosses State land.
(f) TRANSFER OF FEDERAL INSPECTOR FUNCTIONS AND AUTHORITY- On
appointment of the Federal Coordinator by the President, all of the functions
and authority of the Office of Federal Inspector of Construction for the
Alaska Natural Gas Transportation System vested in the Secretary under section
3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 719e note; Public Law
102-486), including all functions and authority described and enumerated in
the Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order
No. 12142 of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the
President's decision, shall be transferred to the Federal Coordinator.
(g) TEMPORARY AUTHORITY- The functions, authorities, duties, and
responsibilities of the Federal Coordinator shall be vested in the Secretary
until the later of the appointment of the Federal Coordinator by the
President, or 18 months after the date of enactment of this Act.
SEC. 107. JUDICIAL REVIEW.
(a) EXCLUSIVE JURISDICTION- Except for review by the Supreme Court on
writ of certiorari, the United States Court of Appeals for the District of
Columbia Circuit shall have original and exclusive jurisdiction to
determine--
(1) the validity of any final order or action (including a failure
to act) of any Federal agency or officer under this division;
(2) the constitutionality of any provision of this title, or any
decision made or action taken under this division; or
(3) the adequacy of any environmental impact statement prepared
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to any action under this division.
(b) DEADLINE FOR FILING CLAIM- A claim arising under this division may
be brought not later than 60 days after the date of the decision or action
giving rise to the claim.
(c) EXPEDITED CONSIDERATION- The United States Court of Appeals for
the District of Columbia Circuit shall set any action brought under subsection
(a) for expedited consideration, taking into account the national interest of
enhancing national energy security by providing access to the significant gas
reserves in Alaska needed to meet the anticipated demand for natural
gas.
(d) AMENDMENT OF THE ALASKA NATURAL GAS TRANSPORTATION ACT OF 1976-
Section 10(c) of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.
719h) is amended--
(1) by striking `(c)(1) A claim' and inserting the
following:
`(A) IN GENERAL- A claim';
(2) by striking `Such court shall have' and inserting the
following:
`(B) EXCLUSIVE JURISDICTION- The Special Court shall
have';
(3) by inserting after paragraph (1) the following:
`(2) EXPEDITED CONSIDERATION- The Special Court shall set any action
brought under this section for expedited consideration, taking into account
the national interest described in section 2.'; and
(4) in paragraph (3), by striking `(3) The enactment' and inserting
the following:
`(3) ENVIRONMENTAL IMPACT STATEMENTS- The enactment'.
SEC. 108. STATE JURISDICTION OVER IN-STATE DELIVERY OF NATURAL
GAS.
(a) LOCAL DISTRIBUTION- Any facility receiving natural gas from an
Alaska natural gas transportation project for delivery to consumers within the
State--
(1) shall be deemed to be a local distribution facility within the
meaning of section 1(b) of the Natural Gas Act (15 U.S.C. 717(b));
and
(2) shall not be subject to the jurisdiction of the
Commission.
(b) ADDITIONAL PIPELINES- Except as provided in section 103(d),
nothing in this division shall preclude or otherwise affect a future natural
gas pipeline that may be constructed to deliver natural gas to Fairbanks,
Anchorage, Matanuska-Susitna Valley, or the Kenai peninsula or Valdez or any
other site in the State for consumption within or distribution outside the
State.
(1) IN GENERAL- In accordance with the Natural Gas Act (15 U.S.C.
717a et seq.), the Commission shall establish rates for the transportation
of natural gas on any Alaska natural gas transportation project.
(2) CONSULTATION- In carrying out paragraph (1), the Commission, in
accordance with section 17(b) of the Natural Gas Act (15 U.S.C. 717p(b)),
shall consult with the State regarding rates (including rate settlements)
applicable to natural gas transported on and delivered from the Alaska
natural gas transportation project for use within the State.
SEC. 109. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.
(a) REQUIREMENT OF STUDY- If no application for the issuance of a
certificate or amended certificate of public convenience and necessity
authorizing the construction and operation of an Alaska natural gas
transportation project has been filed with the Commission by the date that is
18 months after the date of enactment of this Act, the Secretary shall conduct
a study of alternative approaches to the construction and operation of such an
Alaska natural gas transportation project.
(b) SCOPE OF STUDY- The study under subsection (a) shall take into
consideration the feasibility of--
(1) establishing a Federal Government corporation to construct an
Alaska natural gas transportation project; and
(2) securing alternative means of providing Federal financing and
ownership (including alternative combinations of Government and private
corporate ownership) of the Alaska natural gas transportation
project.
(c) CONSULTATION- In conducting the study under subsection (a), the
Secretary shall consult with the Secretary of the Treasury and the Secretary
of the Army (acting through the Chief of Engineers).
(d) REPORT- On completion of any study under subsection (a), the
Secretary shall submit to Congress a report that describes--
(1) the results of the study; and
(2) any recommendations of the Secretary (including proposals for
legislation to implement the recommendations).
SEC. 110. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.
(a) SAVINGS CLAUSE- Nothing in this division affects--
(1) any decision, certificate, permit, right-of-way, lease, or other
authorization issued under section 9 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719g); or
(2) any Presidential finding or waiver issued in accordance with
that Act.
(b) CLARIFICATION OF AUTHORITY TO AMEND TERMS AND CONDITIONS TO MEET
CURRENT PROJECT REQUIREMENTS- Any Federal agency responsible for granting or
issuing any certificate, permit, right-of-way, lease, or other authorization
under section 9 of the Alaska Natural Gas Transportation Act of 1976 (15
U.S.C. 719g) may add to, amend, or rescind any term or condition included in
the certificate, permit, right-of-way, lease, or other authorization to meet
current project requirements (including the physical design, facilities, and
tariff specifications), if the addition, amendment, or rescission--
(1) would not compel any change in the basic nature and general
route of the Alaska natural gas transportation system as designated and
described in section 2 of the President's decision; or
(2) would not otherwise prevent or impair in any significant respect
the expeditious construction and initial operation of the Alaska natural gas
transportation system.
(c) UPDATED ENVIRONMENTAL REVIEWS- The Secretary shall require the
sponsor of the Alaska natural gas transportation system to submit such updated
environmental data, reports, permits, and impact analyses as the Secretary
determines are necessary to develop detailed terms, conditions, and compliance
plans required by section 5 of the President's decision.
SEC. 111. SENSE OF CONGRESS CONCERNING USE OF STEEL MANUFACTURED IN
NORTH AMERICA NEGOTIATION OF A PROJECT LABOR AGREEMENT.
It is the sense of Congress that--
(1) an Alaska natural gas transportation project would provide
significant economic benefits to the United States and Canada;
and
(2) to maximize those benefits, the sponsors of the Alaska natural
gas transportation project should make every effort to--
(A) use steel that is manufactured in North America;
and
(B) negotiate a project labor agreement to expedite construction
of the pipeline.
SEC. 112. SENSE OF CONGRESS AND STUDY CONCERNING PARTICIPATION BY SMALL
BUSINESS CONCERNS.
(a) DEFINITION OF SMALL BUSINESS CONCERN- In this section, the term
`small business concern' has the meaning given the term in section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) an Alaska natural gas transportation project would provide
significant economic benefits to the United States and Canada;
and
(2) to maximize those benefits, the sponsors of the Alaska natural
gas transportation project should maximize the participation of small
business concerns in contracts and subcontracts awarded in carrying out the
project.
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a study to determine the extent to which small business concerns
participate in the construction of oil and gas pipelines in the United
States.
(2) REPORT- Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report that
describes results of the study under paragraph (1).
(3) UPDATES- The Comptroller General shall--
(A) update the study at least once every 5 years until
construction of an Alaska natural gas transportation project is completed;
and
(B) on completion of each update, submit to Congress a report
containing the results of the update.
SEC. 113. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.
(1) ESTABLISHMENT- The Secretary of Labor (in this section referred
to as the `Secretary') shall make grants to the Alaska Workforce Investment
Board--
(A) to recruit and train adult and dislocated workers in Alaska,
including Alaska Natives, in the skills required to construct and operate
an Alaska gas pipeline system; and
(B) for the design and construction of a training facility to be
located in Fairbanks, Alaska, to support an Alaska gas pipeline training
program.
(2) COORDINATION WITH EXISTING PROGRAMS- The training program
established with the grants authorized under paragraph (1) shall be
consistent with the vision and goals set forth in the State of Alaska
Unified Plan, as developed pursuant to the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.).
(b) REQUIREMENTS FOR GRANTS- The Secretary shall make a grant under
subsection (a) only if--
(1) the Governor of the State of Alaska requests the grant funds and
certifies in writing to the Secretary that there is a reasonable expectation
that the construction of the Alaska natural gas pipeline system will
commence by the date that is 2 years after the date of the certification;
and
(2) the Secretary of Energy concurs in writing to the Secretary with
the certification made under paragraph (1) after considering--
(A) the status of necessary Federal and State
permits;
(B) the availability of financing for the Alaska natural gas
pipeline project; and
(C) other relevant factors.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary to carry out this section $20,000,000. Not more
than 15 percent of the funds may be used for the facility described in
subsection (a)(1)(B).
SEC. 114. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.
It is the sense of Congress that--
(1) North American demand for natural gas will increase dramatically
over the course of the next several decades;
(2) both the Alaska Natural Gas Pipeline and the Mackenzie Delta
Natural Gas project in Canada will be necessary to help meet the increased
demand for natural gas in North America;
(3) Federal and State officials should work together with officials
in Canada to ensure both projects can move forward in a mutually beneficial
fashion;
(4) Federal and State officials should acknowledge that the smaller
scope, fewer permitting requirements, and lower cost of the Mackenzie Delta
project means it will most likely be completed before the Alaska Natural Gas
Pipeline;
(5) natural gas production in the 48 contiguous States and Canada
will not be able to meet all domestic demand in the coming decades;
and
(6) as a result, natural gas delivered from Alaskan North Slope will
not displace or reduce the commercial viability of Canadian natural gas
produced from the Mackenzie Delta or production from the 48 contiguous
States.
SEC. 115. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.
It is the sense of Congress that--
(1) Alaska Native Regional Corporations, companies owned and
operated by Alaskans, and individual Alaskans should have the opportunity to
own shares of the Alaska natural gas pipeline in a way that promotes
economic development for the State; and
(2) to facilitate economic development in the State, all project
sponsors should negotiate in good faith with any willing Alaskan person that
desires to be involved in the project.
SEC. 116. LOAN GUARANTEES.
(a) AUTHORITY- (1) The Secretary may enter into agreements with 1 or
more holders of a certificate of public convenience and necessity issued under
section 103(b) of this division or section 9 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719g) to issue Federal guarantee
instruments with respect to loans and other debt obligations for a qualified
infrastructure project.
(2) Subject to the requirements of this section, the Secretary may
also enter into agreements with 1 or more owners of the Canadian portion of a
qualified infrastructure project to issue Federal guarantee instruments with
respect to loans and other debt obligations for a qualified infrastructure
project as though such owner were a holder described in paragraph (1).
(3) The authority of the Secretary to issue Federal guarantee
instruments under this section for a qualified infrastructure project shall
expire on the date that is 2 years after the date on which the final
certificate of public convenience and necessity (including any Canadian
certificates of public convenience and necessity) is issued for the project. A
final certificate shall be considered to have been issued when all
certificates of public convenience and necessity have been issued that are
required for the initial transportation of commercially economic quantities of
natural gas from Alaska to the continental United States.
(b) CONDITIONS- (1) The Secretary may issue a Federal guarantee
instrument for a qualified infrastructure project only after a certificate of
public convenience and necessity under section 103(b) of this division or an
amended certificate under section 9 of the Alaska Natural Gas Transportation
Act of 1976 (15 U.S.C. 719g) has been issued for the project.
(2) The Secretary may issue a Federal guarantee instrument under this
section for a qualified infrastructure project only if the loan or other debt
obligation guaranteed by the instrument has been issued by an eligible
lender.
(3) The Secretary shall not require as a condition of issuing a
Federal guarantee instrument under this section any contractual commitment or
other form of credit support of the sponsors (other than equity contribution
commitments and completion guarantees), or any throughput or other guarantee
from prospective shippers greater than such guarantees as shall be required by
the project owners.
(c) LIMITATIONS ON AMOUNTS- (1) The amount of loans and other debt
obligations guaranteed under this section for a qualified infrastructure
project shall not exceed 80 percent of the total capital costs of the project,
including interest during construction.
(2) The principal amount of loans and other debt obligations
guaranteed under this section shall not exceed, in the aggregate,
$18,000,000,000, which amount shall be indexed for United States dollar
inflation from the date of enactment of this Act, as measured by the Consumer
Price Index.
(d) LOAN TERMS AND FEES- (1) The Secretary may issue Federal guarantee
instruments under this section that take into account repayment profiles and
grace periods justified by project cash flows and project-specific
considerations. The term of any loan guaranteed under this section shall not
exceed 30 years.
(2) An eligible lender may assess and collect from the borrower such
other fees and costs associated with the application and origination of the
loan or other debt obligation as are reasonable and customary for a project
finance transaction in the oil and gas sector.
(e) REGULATIONS- The Secretary may issue regulations to carry out this
section.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to cover the cost of loan
guarantees under this section, as defined by section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)). Such sums shall remain available
until expended.
(g) DEFINITIONS- In this section:
(1) CONSUMER PRICE INDEX- The term `Consumer Price Index' means the
Consumer Price Index for all-urban consumers, United States city average, as
published by the Bureau of Labor Statistics, or if such index shall cease to
be published, any successor index or reasonable substitute
thereof.
(2) ELIGIBLE LENDER- The term `eligible lender' means any
non-Federal qualified institutional buyer (as defined by section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regulation),
known as Rule 144A(a) of the Securities and Exchange Commission and issued
under the Securities Act of 1933), including--
(A) a qualified retirement plan (as defined in section 4974(c) of
the Internal Revenue Code of 1986 (26 U.S.C. 4974(c)) that is a qualified
institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of the
Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a qualified
institutional buyer.
(3) FEDERAL GUARANTEE INSTRUMENT- The term `Federal guarantee
instrument' means any guarantee or other pledge by the Secretary to pledge
the full faith and credit of the United States to pay all of the principal
and interest on any loan or other debt obligation entered into by a holder
of a certificate of public convenience and necessity.
(4) QUALIFIED INFRASTRUCTURE PROJECT- The term `qualified
infrastructure project' means an Alaskan natural gas transportation project
consisting of the design, engineering, finance, construction, and completion
of pipelines and related transportation and production systems (including
gas treatment plants), and appurtenances thereto, that are used to transport
natural gas from the Alaska North Slope to the continental United
States.
And the Senate agree to the same.
Joe Knollenberg,
James T.
Walsh,
Robert B. Aderholt,
Kay Granger,
Virgil Goode,
David
Vitter,
Jack Kingston,
Ander Crenshaw,
Bill Young,
Chet Edwards,
Sam Farr,
Allen Boyd,
Sanford D. Bishop, Jr.,
Norman D. Dicks,
Managers on the Part of the House.
Kay Bailey Hutchison,
Conrad Burns,
Larry E. Craig,
Mike DeWine,
Sam Brownback,
Ted Stevens,
Dianne Feinstein,
Daniel K. Inouye,
Tim Johnson,
Mary L. Landrieu,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the conference on the
disagreeing votes of the two Houses on the amendment of the Senate to the bill
(H.R. 4837) making appropriations for Military Construction, Family Housing, and
Base Realignment and Closure for the Department of Defense for the fiscal year
ending September 30, 2005, and for other purposes, submit the following joint
statement to the House of Representatives and the Senate in explanation of the
effect of the action agreed upon by the managers and recommended in the
accompanying conference report.
This conference report includes, in addition to the Military Construction
Appropriations Act, 2005, Division B--Emergency Supplemental Appropriations for
Hurricane Disaster Assistance Act, 2005, and Division C--Alaska Natural Gas
Pipeline.
DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005
ITEMS OF GENERAL INTEREST
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 108-607 and Senate Report 108-309 should
be complied with unless specifically addressed to the contrary in the conference
report and statement of the managers. Report language included by the House
which is not changed by the report of the Senate or the conference, and Senate
report language which is not changed by the conference is approved by the
committee of conference. The statement of the managers, while repeating some
report language for emphasis, does not intend to negate the language referred to
above unless expressly provided herein. In cases where the House or the Senate
have directed the submission of a report from the Department of Defense, such
report is to be submitted to both the House and the Senate Committees on
Appropriations.
Audit Trail Documents.--The conferees direct the Department of
Defense to continue the semi-annual submission of audit trail documents, a
practice reinstated by the fiscal year 2004 Military Construction Appropriations
conference report. The conferees emphasize that the documents shall describe the
following: the appropriated amount, the amount formally reprogrammed, the amount
of below threshold reprogramming, the current funded level, the contract award
date, the contract amount, and the current working estimate, along with
explanatory notes as necessary, for each project as budgeted in the Construction
Annex, as well as projects funded under Minor Construction and Family Housing
Improvements. All of this information shall be described in no more than one
line item for each project. The audit trail documents shall reflect projects
from the current fiscal year plus the previous four fiscal years.
Notification Requirements for Changes in Scope.--Title 10, Section
2853 of U.S. Code states that `the scope of work for a military construction
project or for the construction, improvement, and acquisition of a military
family housing project may be reduced by not more than 25 percent from the
amount approved for that project, construction, improvement, or acquisition by
Congress' subject to certain limitations, one of which is notification of
Congressional Committees. It is the understanding of the conferees that the
services have interpreted this provision to mean that scope reduction
notification is required only when a reduction is made to engineering based
attributes such as square footage. The conferees emphasize that scope reduction
notification also applies when a reduction of 25 percent or more is taken from
the amount appropriated for a project. The conferees also emphasize that scope
reductions in excess of 25 percent may not be made until the appropriate
Congressional Committees have been notified and a 21-day period has elapsed. The
notification is a statutory requirement independent of any reprogramming request
and must precede by at least 21 days any request to reprogram funds that are
excess to a project due to a scope reduction.
This corrected understanding of the requirement is necessary to ensure
transparency in the military construction program and to restore the ability of
Congress to exercise proper oversight of appropriated funds for military
construction. For example, the Army reduced a barracks project at Camp Hovey,
Korea, from $26,000,000 to $17,000,000, a 35 percent reduction and well above
the 25 percent threshold. Congress often learns of these scope reductions only
when the services submit reprogramming requests to use the savings for other
projects. The conferees therefore agree that it is highly necessary to clarify
the scope reduction requirement.
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS)
The conference agreement appropriates $1,981,084,000 for Military
Construction, Army, instead of $1,862,854,000 as proposed by the House and
$1,977,166,000 as proposed by the Senate. Within this amount, the conference
agreement provides $156,999,000 for study, planning, design, architect and
engineer services, and host nation support instead of $140,554,000 as proposed
by the House and $166,216,000 as proposed by the Senate. The conference
agreement also rescinds $18,976,000 from funds previously provided to this
account as follows:
Insert graphic folio 158/119 HR773.001
MILITARY CONSTRUCTION, NAVY, AND MARINE CORPS
(INCLUDING RESCISSION)
The conference agreement appropriates $1,069,947,000 for Military
Construction, Navy and Marine Corps, instead of $1,081,042,000 as proposed by
the House and $1,016,315,000 as proposed by the Senate. Within this amount, the
conference agreement provides $90,830,000 for study, planning, design, architect
and engineer services instead of $93,284,000 as proposed by the House and
$110,277,000 as proposed by the Senate. The conference agreement also rescinds
$24,000,000 from funds previously provided to this account as follows:
Insert graphic folio 158/121 HR773.002
The conferees direct the Secretary of the Navy to report by February 15, 2005
on efforts to incorporate reserve component requirements into land disposal
agreements resulting from the closure of Naval Air Station Roosevelt Roads,
Puerto Rico.
California-North Island Special Operations Forces Ground Mobility Support
Building.--The conferees are aware of the City of Coronado's goal to
expedite military personnel traffic to and from the base through the
construction of the State Route 75 Corridor Tunnel from the western terminus of
the San Diego-Coronado Bridge directly into the Naval Air Station, North Island.
The conferees urge the Navy to ensure that the Base Main Gate and Entrance
Street project is fully compatible with the design for the State Route 75
Corridor Tunnel.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
The conference agreement appropriates $866,331,000 for Military Construction,
Air Force, instead of $797,865,000 as proposed by the House and $841,131,000 as
proposed by the Senate. Within this amount, the conference agreement provides
$130,711,000 for study, planning, design, architect and engineer services
instead of $165,367,000 as proposed by the House and $180,507,000 as proposed by
the Senate. The conference agreement also rescinds $21,800,000 from funds
previously provided to this account as follows:
Insert graphic folio 158/123 HR773.003
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)
The conference agreement appropriates $686,055,000 for Military Construction,
Defense-wide, instead of $718,837,000 as proposed by the House and $696,491,000
as proposed by the Senate. Within this amount, the conference agreement provides
$62,800,000 for study, planning, design, architect and engineer services instead
of $63,482,000 as proposed by the House and $66,336,000 as proposed by the
Senate. The conference agreement also rescinds $22,737,000 from funds previously
provided to this account as follows:
Insert graphic folio 158/125 HR773.004
The conference agreement provides $50,000,000 for the Energy Conservation
Improvement Program as proposed by the House instead of $60,000,000 as proposed
by the Senate.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement appropriates $446,748,000 for Military Construction,
Army National Guard, instead of $394,100,000 as proposed by the House and
$381,765,000 as proposed by the Senate. The conference agreement does not
include a provision proposed by the House to earmark funds for planning and
design activities. The Senate bill contained no similar provision.
Georgia-Army National Guard Armory, Fulton County Airport-Brown
Field.--The conferees agree that within funds provided for planning and
design in this account, $100,000 shall be made available to conduct a
feasibility study on the relocation of this armory to Dobbins Air Reserve Base,
Georgia.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
(INCLUDING RESCISSION)
The conference agreement appropriates $243,043,000 for Military Construction,
Air National Guard, instead of $180,533,000 as proposed by the House and
$231,083,000 as proposed by the Senate. The conference agreement does not
include a provision proposed by the House to earmark funds for planning and
design activities. The Senate bill contained no similar provision. The
conference agreement also rescinds $5,000,000 from funds previously provided to
this account as follows:
Insert graphic folio 158/127 HR773.005
MILTIARY CONSTRUCTION, ARMY RESERVE
The conference agreement appropriates $92,377,000 for Military Construction,
Army Reserve, instead of $116,521,000 as proposed by the House and $66,325,000
as proposed by the Senate. The conference agreement does not include a provision
proposed by the House to earmark funds for planning and design activities. The
Senate bill contained no similar provision.
MILITARY CONSTRUCTION, NAVAL RESERVE
The conference agreement appropriates $44,246,000 for Military Construction,
Naval Reserve, instead of $30,955,000 as proposed by the House and $33,735,000
as proposed by the Senate. The conference agreement does not include a provision
proposed by the House to earmark funds for planning and design activities. The
Senate bill contained no similar provision.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement appropriates $123,977,000 for Military Construction,
Air Force Reserve, instead of $111,725,000 as proposed by the House and
$101,373,000 as proposed by the Senate. The conference agreement does not
include a provision proposed by the House to earmark funds for planning and
design activities. The Senate bill contained no similar provision.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
(INCLUDING RESCISSION)
The conference agreement appropriates $165,800,000 for the North Atlantic
Treaty Organization Security Investment Program as proposed by both the House
and Senate. The conference agreement also includes a rescission of $5,000,000
from prior appropriations due to the slow spend out rate of the program and the
recurrence of carryover amounts.
FAMILY HOUSING CONSTRUCTION, ARMY
(INCLUDING RESCISSION)
The conference agreement appropriates $636,099,000 for Family Housing
Construction, Army, as proposed by both the House and the Senate. The conference
agreement also rescinds $21,000,000 from funds previously provided to this
account.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement appropriates $926,507,000 for Family Housing
Operation and Maintenance, Army as proposed by the House instead of $928,907,000
as proposed by the Senate. The reduction from the President's request shall not
be construed as prohibiting any routine or emergency repair and maintenance work
for general officer quarters.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
(INCLUDING RESCISSIONS)
The conference agreement appropriates $139,107,000. for Family Housing
Construction, Navy and Marine Corps as proposed by both the House and the
Senate. The conference agreement also rescinds $12,301,000 from funds previously
provided to this account. The Navy has identified these funds as no longer being
necessary to complete the projects in the following table. It is the
understanding of the conferees that the rescissions will not affect the projects
for which they were appropriated.
Insert graphic folio 158/132 HR773.006
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement appropriates $696,304,000 for Family Housing
Operation and Maintenance, Navy and Marine Corps as proposed by the House
instead of $704,504,000 as proposed by the Senate. The reduction from the
President's request shall not be construed as prohibiting any routine or
emergency repair and maintenance work for general and flag officer quarters.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSIONS)
The conference agreement appropriates $846,959,000 for Family Housing
Construction, Air Force, as proposed by both the House and the Senate. The
conference agreement rescinds $45,171,000 from funds previously provided to this
account. The Air Force has identified these funds as no longer being necessary
to complete the projects in the following table. It is the understanding of the
conferees that the rescissions will not affect the projects for which they were
appropriated.
Insert graphic folio 158/134 HR773.007
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement appropriates $853,384,000 for Family Housing
Operation and Maintenance, Air Force, instead of $854,666,000 as proposed by the
House and $856,114,000 as proposed by the Senate. The reduction from the
President's request shall not be construed as prohibiting any routine or
emergency repair and maintenance work for general officer quarters.
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE
The conference agreement appropriates $49,000 for Family Housing
Construction, Defense-Wide as proposed by both the House and the Senate.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement appropriates $49,575,000 for Family Housing
Operation and Maintenance, Defense-Wide as proposed by both the House and the
Senate.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
(INCLUDING RESCISSIONS)
The conference agreement appropriates $2,500,000 for the Department of
Defense Family Housing Improvement Fund as proposed by both the House and the
Senate. The conference agreement also rescinds $19,109,000 from funds previously
provided to this account. The Department of Defense has identified these funds
as no longer being necessary to complete the projects in the following table. It
is the understanding of the conferees that the rescissions will not affect the
projects for which they were appropriated.
Insert graphic folio 158/137 HR773.008
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
The conference agreement appropriates $81,886,000 for Chemical
Demilitarization Construction, Defense-Wide as proposed by both the House and
the Senate.
BASE REALIGNMENT AND CLOSURE ACCOUNT
The conference agreement appropriates $246,116,000 for the Base Realignment
and Closure Account as proposed by both the House and Senate.
GENERAL PROVISIONS
The conference agreement includes general provisions (sections 101-103,
105-119, 121-123, 125, and 126) that were not amended by either the House or
Senate.
The conference agreement includes section 104 as proposed by the House to
prohibit construction of new bases in the United States without a specific
appropriation. The Senate bill contained a similar provision, but limited the
prohibition to the continental United States.
The conference agreement includes section 120 as proposed by the Senate to
allow the transfer of funds only from the Family Housing, Construction accounts
to the Family Housing Improvement Fund and to allow the transfer of funds from
the construction of military unaccompanied housing to the Military Unaccompanied
Housing Improvement Fund. The House bill contained a similar provision, but only
for the transfer of funds from the Family Housing, Construction accounts to the
Family Housing Improvement Fund.
The conference agreement includes section 124 as proposed by the Senate to
limit the maintenance and repair of any general or flag officer quarters to
$35,000 per year without 30 days advance notification. The House bill contained
a similar provision, but limited such maintenance and repairs to $20,000.
The conference agreement includes a provision (section 127) as proposed by
the Senate to change the due date of a report by the Overseas Basing Commission.
The House bill contained no similar provision.
The conference agreement includes a provision (section 128) as proposed by
the House to require the Department of Defense to respond to a question or
inquiry, in writing, within 21 days of the request. The Senate bill contained no
similar provision.
The conference agreement includes a provision (section 129) as proposed by
the Senate to make funds in the Ford Island Improvement Fund available until
expended. The House bill contained no similar provision.
The conference agreement includes a provision (section 130) as proposed by
the House to name a fitness center at Homestead Air Reserve Base, Florida. The
Senate bill contained no similar provision.
The conference agreement includes a modified Senate provision (section 131)
to give the Secretary of Agriculture the right of first refusal to negotiate
over the disposal of land at Fort Hunter Liggett, California, determined to be
in excess of military needs. If and when the property is transferred into the
National Forest System, the conferees expect the Department of the Army to
comply with all pertinent environmental regulations pertaining to the
remediation of the land. The House bill contained no similar provision.
The conference agreement includes a new provision (section 132) to identify
the Congressional Committees that are to receive all reports and notifications
required by this division.
The conference agreement does not include a provision proposed by the House
to allow the transfer of expired funds to the Foreign Currency Fluctuation,
Construction, Defense account. The Senate bill contained no similar provision.
The conference agreement does not include a provision proposed by the Senate
to require a report on the impacts on the military family housing program under
the current Military Housing Privatization Initiative. The House bill contained
no similar provision.
The conference agreement does not include a provision proposed by the Senate
to provide funding to the Overseas Basing Commission. The House bill contained
no similar provision.
Insert graphic folio 158/141 HR773.009
Insert graphic folio 158/142 HR773.010
Insert graphic folio 158/143 HR773.011
Insert graphic folio 158/144 HR773.012
Insert graphic folio 158/145 HR773.013
Insert graphic folio 158/146 HR773.014
Insert graphic folio 158/147 HR773.015
Insert graphic folio 158/148 HR773.016
Insert graphic folio 158/149 HR773.017
Insert graphic folio 158/150 HR773.018
Insert graphic folio 158/151 HR773.019
Insert graphic folio 158/152 HR773.020
Insert graphic folio 158/153 HR773.021
Insert graphic folio 158/154 HR773.022
Insert graphic folio 158/155 HR773.023
Insert graphic folio 158/156 HR773.024
Insert graphic folio 158/157 HR773.025
Insert graphic folio 158/158 HR773.026
Insert graphic folio 158/159 HR773.027
Insert graphic folio 158/160 HR773.028
Insert graphic folio 158/161 HR773.029
Insert graphic folio 158/162 HR773.030
Insert graphic folio 158/163 HR773.031
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE DISASTERS
ASSISTANCE ACT, 2005
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
The conference agreement provides an additional $100,000,000 for `Emergency
Conservation Program,' for expenses resulting from natural disasters, to remain
available until expended.
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
The conference agreement provides an additional $250,000,000 for `Emergency
Watershed Protection Program' to repair damages to the waterways and watersheds
resulting from natural disasters, to remain available until expended.
RURAL DEVELOPMENT
RURAL COMMUNITY ADVANCEMENT PROGRAM
The conference agreement provides an additional $68,000,000 for the `Rural
Community Advancement Program', to repair damages to water and waste disposal
systems and community facilities resulting from natural disasters, to remain
available until expended. The conference agreement provides that $50,000,000
shall be available for water and waste disposal grants, and $18,000,000 shall be
available for community facility direct loans and grants. Funds provided under
this heading shall be in addition to a state's regular program allocation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
The conference agreement provides an additional $5,000,000 in budget
authority, which supports an estimated loan level of $17,000,000 for the section
504 direct housing repair and rehabilitation program as authorized by title V of
the Housing Act of 1949, for damages resulting from natural disasters, to be
available from funds in the rural housing insurance fund, for direct loans to
section 504 borrowers. Funds provided under this heading shall be in addition to
a state's regular program allocation.
RURAL HOUSING ASSISTANCE GRANTS
The conference agreement provides an additional $13,000,000 for `Rural
Housing Assistance Grants', to remain available until expended, for damages
resulting from natural disasters, of which $8,000,000 shall be for grants and
contracts for very low-income housing repair, made by the Rural Housing Service,
and of which $5,000,000 shall be for domestic farm labor housing grants and
contracts. Funds provided under this heading shall be in addition to a state's
regular program allocation.
GENERAL PROVISIONS
Sec. 101. The conference agreement provides supplemental disaster assistance
for losses due to hurricanes and tropical storms, including related conditions
such as flooding. The conference agreement provides funding for losses under
current law including, but are not limited to: cotton, peanuts, tobacco, clams,
oysters and other shellfish, hay and forage, sod, tropical aquaculture, shrimp,
lobster and other fish. The conference agreement includes a provision to offset
the cost of this program.
Sec. 102. The conference agreement provides supplemental disaster assistance
to compensate first processors and producers for losses due to hurricanes and
tropical storms.
Sec. 103. The conference agreement provides that the Secretary of Agriculture
shall carry out a dairy loss program.
Sec. 104. The conference agreement provides that the Secretary of Agriculture
shall carry out a cottonseed assistance program. The conferees expect the
Secretary to distribute the funds in a similar manner to that utilized
previously to deliver the cottonseed assistance.
Sec. 105. The conference agreement provides that certain sections are to
remain available until expended and are designated as an emergency requirement.
Sec. 106. The conference agreement provides that certain communities in
Burlington and Camden Counties (NJ), affected by the 1,000-year flood which
occurred on July 12, 2004, are deemed to be rural areas during fiscal year 2005
for certain rural development programs.
Sec. 107. The conference agreement authorizes financial and technical
assistance to the Hope Mills Dam (NC) project.
Sec. 108. The conference agreement provides $90,000,000 to the fund
established by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to make
payments with respect to 2004 hurricane losses.
Sec. 109. The conference agreement provides not more than $4,000,000 for the
Farm Service Agency to cover administrative expenses associated with the
implementation of sections 101 and 102 of this chapter.
Sec. 110. The conference agreement provides $10,000,000 to provide assistance
for timber losses.
Sec. 111. The conference agreement provides $8,500,000 for assistance to
pecan producers.
CHAPTER 2
DEPARTMENT OF JUSTICE
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
The conference agreement includes $5,500,000 for the Salaries and Expenses
account of the Federal Prison System. The conferees understand that the amounts
provided will fund salaries and other expenses related to repairing and
replacing roofs and fences, cleaning up prison facilities, detailing medical
staff to assist disaster victims, and transporting and relocating almost 5,000
Federal inmates from institutions affected by Hurricane Ivan and related storms.
FEDERAL PRISON SYSTEM
BUILDINGS AND FACILITIES
The conference agreement includes $18,600,000 for the Buildings and
Facilities account of the Federal Prison System. The conferees understand that
the amounts provided will fund roof repair, building and perimeter fence repair
and replacement, and clean-up activities at numerous Federal prison facilities
in Florida, Alabama, and Georgia that sustained damage in Hurricane Ivan and
related severe storms.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
The conference agreement includes $16,900,000 for the Operations, Research
and Facilities account of the National Oceanic and Atmospheric Administration.
The conference agreement supports $1,200,000 to address damage to National
Oceanic and Atmospheric Administration facilities and assets, including repairs
for laboratory facilities, weather radio towers, and marine buoys, as well as
costs associated with hurricane preparations; $2,900,000 to address impacts to
endangered species, including assessment and restoration efforts for impaired
habitat and Endangered Species Act responsibilities associated with disaster
cleanup; $9,000,000 for reseeding, rehabilitation and restoration of oyster
reefs in Alabama, Florida, Louisiana, and Mississippi due to damage from
Hurricane Ivan; and $3,800,000 to address hurricane forecasting needs.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes $3,800,000 for the Procurement, Acquisition
and Construction account of the National Oceanic and Atmospheric Administration.
The conference agreement provides $300,000 for hurricane prediction technology
requirements and $3,500,000 for airborne Doppler radar used for hurricane
precipitation and wind field forecasting.
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes $929,000,000 for the Disaster Loans Program
Account for loan subsidy costs and associated administrative expenses. The
amounts provided will allow the Small Business Administration (SBA) to make
disaster loans to individuals and businesses in the wake of Hurricanes Charley,
Frances, Ivan, Jeanne, and other natural disasters. The conferees understand
that the funding requirements for these storms will far exceed the five-year
average of disaster loan-making activity resulting in the necessity for
emergency appropriations. The amounts provided will allow the SBA to make
approximately $5,500,000,000 of loans to individuals and businesses.
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
Chapter 3 of the conference agreement recommends $909,400,000 for the
Department of Defense in support of specific security, temporary relocation,
cleanup, repair, and other related activities taken by the military services
and defense activities in preparation for and recovery from Hurricanes Charley,
Frances, Ivan, and Jeanne, Tropical Storm Bonnie, and other natural disasters.
Within the total amount provided, $762,800,000 is provided to the operation
and maintenance appropriations for cleanup and repair of storm damage. Of this
amount, the conferees have provided $662,800,000 directly to the military
services and the Defense Health Program to meet the most immediate and urgent
needs.
The conferees recommend $100,000,000 for the Operation and Maintenance,
Defense-Wide account, with transfer authority available to the Secretary of
Defense to maximize the Department of Defense's capability to allocate funds in
the proper amounts and accounts. The Secretary of Defense may transfer these
funds to appropriations for military personnel; operation and maintenance; the
Defense Health Program; and working capital funds. Fifteen days prior written
notification to the congressional defense committees is required before making
transfers.
The conferees have provided $140,000,000 in the Procurement, Defense-Wide
account with the authority to transfer funds to other accounts. These funds may
be transferred to appropriations for operation and maintenance; procurement; and
research, development, test and evaluation. Fifteen days prior written
notification to the congressional defense committees is required. The conferees
have directed five transfers of funds from the Procurement, Defense-Wide
account, to other procurement and research and development accounts, to support
specific purposes related to recovery from hurricanes, tropical storms and other
natural disasters.
The following table provides details of the supplemental appropriations in
this chapter.
Insert graphic folio 158/175 HR773.032
Insert graphic folio 158/176 HR773.033
Insert graphic folio 158/177 HR773.034
CHAPTER 3 REPORTING REQUIREMENTS
The conferees direct the Secretary of Defense during fiscal year 2005 to
submit to the congressional defense committees no later than December 1, 2004, a
quarterly comprehensive report on the distribution of funds by account and the
purposes for which the funds have been used. This report shall detail both
actual and projected obligations of appropriations provided in this
chapter.
PERSONNEL EVACUATION COSTS
The President requested $12,125,000 to cover costs associated with the
evacuation of military dependents during the recent hurricanes. The conferees
provide the flexibility to reimburse the Services for fiscal year 2004 military
personnel costs from funds provided in Operation and Maintenance, Defense-Wide,
in order to preclude an Anti-deficiency Act violation in the Military Personnel
accounts.
DELAWARE AIR NATIONAL GUARD
The conferees are aware of recent storm damage to facilities and
equipment at the Air National Guard Headquarters in New Castle, Delaware. The
conferees are aware that estimates of damages are still being assessed, and have
provided the flexibility from funds made available in Operation and Maintenance,
Defense-Wide and Procurement, Defense-Wide to repair facilities and repair or
replace aircraft damaged in the tornado.
M-4 RIFLE REQUIREMENTS FOR OIF AND OEF
The conferees strongly encourage the Department of Defense to address
current wartime needs for M-4 rifles and direct the Army to provide a report to
the congressional defense committees outlining the requirements for M-4 rifles
with respect to future Operation Iraqi Freedom and Operation Enduring Freedom
deployments. This report should be submitted no later than November 15,
2004.
XM-8 FAMILY OF WEAPONS
The conferees support the Army's plans to begin fielding the XM-8 as the
eventual replacement for the M-16 and M-4 families of weapons. Accordingly, the
conferees strongly encourage the Department of Defense to accelerate the
fielding of the XM-8 family of weapons from funds provided in the Department of
Defense Appropriations Act for fiscal year 2005 (Public Law 180-287). The
conferees direct the Army to provide a report to the congressional defense
committees, not later than November 15, 2004, on plans to begin fielding the
XM-8 family of weapons.
FORCE PROTECTION UPGRADES FOR EUROPEAN HOSPITALS
The conferees are aware of significant force protection and facility code
requirements at Landstuhl Army Medical Center, Naval Hospital Sigonella and
Naval Hospital Rota. The conferees recommend and encourage the Department of
Defense to fund these urgent upgrades needed to continue providing quality
patient protection.
GENERAL PROVISIONS--THIS CHAPTER
The conferees include a new general provision which provides that
appropriations provided in this chapter are available for obligation until
September 30, 2005, unless otherwise so provided.
The conferees include a new general provision which provides that funds
appropriated in this chapter, or made available by the transfer of funds in or
pursuant to this chapter, for intelligence activities are deemed to be
authorized for purposes of section 504 of the National Security Act of
1947.
The conferees include a new general provision which prohibits the use of
funds provided in this chapter to finance programs or activities denied by
Congress for fiscal years 2004 or 2005 and requires written notification prior
to initiating new start programs.
The conferees include a new general provision which amends Section 8007
of the Department of Defense Appropriations Act, 2005 (Public Law 108-287), by
striking the words `in session'.
In the classified annex accompanying Public Law 108-287, the conferees
provided certain guidance regarding Section 8090(b) of said Act. The conferees
express their intent to further address the issues raised in that annex in
subsequent fiscal year 2005 appropriations legislation.
The conferees include a new general provision which provides the
Secretary of Defense with $200,000,000 in additional transfer authority, only
for funds in this chapter, and only to meet hurricane and other natural
disaster-related expenses.
The conferees include a new general provision which amends action 9010(b)
of the Department of Defense Appropriations Act for a citation change.
The conferees include a new general provision which makes certain
technical adjustments, transfers funds, and adjusts restrictions in the
Department of Defense Appropriations Act, 2005 (Public Law 108-287). The general
provision increases the number of armored passenger vehicles that may be
purchased under Other Procurement, Army from 1 to 21; increases the maximum
allowable cost from $200,000 to $275,000; and provides that vehicles purchased
in excess of one may only be in direct support of force protection requirements.
Additionally, it directs the following transfers of funds.
To: `Research, Development, Test and Evaluation, Defense-Wide,
2005/2006', $5,950,000, only for the National Media Exploitation Center for
improved data and media capture, transformation and categorization
activities;
From: `Operation and Maintenance, Army', $5,950,000.
To: `Procurement, Marine Corps, 2005/2007', $7,000,000, only for
purchasing additional force protection x-ray imaging units for deployment to the
Iraqi theater of operations.
From: `Operation and Maintenance, Marine Corps', as provided in title IX
of Public law 108-287, $7,000,000.
To: The Department of Veterans Affairs, under the heading, `Medical
Services', $500,000 only to allow White River Junction-Fort Ethan Allen
Community Based Outpatient Clinic and the Vermont National Guard to purchase
Veterans Administration health care services that provide Guardsmen and their
family members the utmost in-patient care.
From: `Defense Health Program', Operation and Maintenance, $500,000, from
an appropriation in House Report 108-622 for the same purposes.
To: `Operation and Maintenance, Army National Guard', $1,400,000, only
for the Construction Transition Program, as described in House Report
108-283.
From: `Operation and Maintenance, Army', $1,400,000.
In addition, this provision amends Section 9014 of Public Law 108-287 to
make clear the intent of the conferees this section's authority providing the
Secretary of Defense with discretionary authority to present patriotic
materials, including a United States flag, to military personnel who participate
in Operation Enduring Freedom or Operation Iraqi Freedom.
The conferees include a new general provision which increases the
authority provided in section 9007 of Public Law 108-287 for the Commanders'
Emergency Response Program (CERP) from $300,000,000 to $500,000,000.
The conferees include a new general provision to make a technical
adjustment to section 9006 of Public Law 108-287 to clarify a definition to
include the Iraqi Armed Forces.
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS--CIVIL
GENERAL INVESTIGATIONS
The conference agreement provides for an additional $400,000 for General
Investigations to update studies where necessitated by storm damage to shore
protection projects, including the feasibility study for Walton County,
Florida.
CONSTRUCTION, GENERAL
The conference agreement provides an additional $62,600,000 for
Construction, General to provide for the repair of storm damage to authorized
shore protection projects, and for time-sensitive data collection and analysis
of the performance of shore protection projects, including the development of a
three-dimensional physics-based analytical model.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE
The conference agreement provides for an additional $6,000,000 for Flood
Control, Mississippi River and Tributaries, for levee and revetment repair and
for emergency dredging.
OPERATION AND MAINTENANCE, GENERAL
The conference agreement provides for an additional $145,400,000 for
Operation and Maintenance, General for repair of storm damage to authorized
projects.
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement provides for an additional $148,000,000 for
Flood Control and Coastal Emergencies for emergency expenses for repair of
damage to flood control and hurricane shore protection projects by storms and
other natural disasters. Funding for the Flood Control and Coastal Emergencies
appropriation account includes funds to restore flood control and hurricane
shore protection projects to their pre-storm condition.
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
The conference agreement appropriates $100,000,000 for necessary expenses
to respond to the disasters caused by hurricanes and tropical storms in the
Caribbean region. Language is included designating funding for emergency and
overseas contingency operations.
The funds appropriated by this paragraph are made available
notwithstanding section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
The conferees agree to provide $33,367,310 for expenses resulting from
the recent natural disasters in the southeastern United States, such as
Hurricanes Charley, Frances, Ivan, and Jeanne. Funds are available until
expended.
EMERGENCY PREPAREDNESS AND RESPONSE
DISASTER RELIEF
The conferees agree to provide an additional $6,500,000,000 for disaster
relief activities associated with declared disasters, such as Hurricanes
Frances, Ivan, and Jeanne. Funds are available until expended.
The conferees direct the Emergency Preparedness and Response (EP&R)
Directorate to work with Putnam County, Illinois, to ensure the costs for damage
caused by the tornado of April 2004, which are not covered by insurance and
eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), are promptly paid; to work with the City of
Asheville, North Carolina, to ensure that the costs for damage caused by
Hurricane Frances, which are eligible under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), are promptly paid;
and to provide the City of Paso Robles, California, with compensation sufficient
to conduct the repairs and retrofitting necessary, as a result of the damage
sustained in the 2003 San Simeon earthquake, to bring the Carnegie Library into
compliance with current, rather than 1907, state and local building codes and
access laws. Furthermore, the conferees agree with the cost estimates and
findings in the June 28, 2004 report done by Lotus General Contractors, Inc.,
with regard to the damages sustained to the main building at Flamson Middle
School in the City of Paso Robles, California, as a direct result of the 2003
San Simeon earthquake, and direct EP&R to use that information to calculate
the compensation to be provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) to the Paso Robles Joint
Unified School District. The conferees also encourage EP&R to work to ensure
that the counties of West Virginia receive such assistance as necessary and
appropriate to compensate those homeowners and businesses in the federally
declared disaster area impacted by the remnants of Hurricane Ivan.
The conferees note the availability of section 404 hazard mitigation
grant funding for mitigation projects, including buy-outs of flood-damaged
properties, for the states of Nebraska, North Carolina, Maryland, Delaware, and
Indiana. The conferees direct EP&R to work with these states to ensure that
the counties in those states, which are eligible under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), receive
such assistance as necessary and appropriate to compensate homeowners and
businesses in the federally declared disaster area. The conferees are also aware
that specific communities in Florida have significant amounts of debris as a
result of hurricanes Charley, Frances, Ivan and Jeanne. The Department of
Homeland Security's Federal Emergency Management Agency (FEMA) has authority
under sections 206.223 and 206.224 of title 44, Code of Federal Regulations and
internal guidance to make determinations as to the eligibility of removal of
debris from private property. The conferees direct FEMA to use its authority to
reimburse local governments for debris removal on privately-owned lands upon
finding it is necessary to eliminate an immediate threat to life, public health
and safety.
The conferees are aware that funding of activities related to previous
federally declared disasters in fiscal years 2003 and 2004 has been temporarily
suspended due to the high volume of new federal disasters declared in August and
September. This includes disasters outside of the hurricane area and areas where
there is a lack of rain. The supplemental appropriations provided are sufficient
to not only meet recent disaster needs but also to fully restore funding for
ongoing and new projects. The conferees direct EP&R to proceed as quickly as
possible to fund all halted or postponed projects, within funds available, and
to submit a comprehensive report on the status of any unfunded disaster relief
project to the House and Senate Committees on Appropriations no later than
February 15, 2005.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
The conference agreement provides an additional $40,552,000 for Construction,
to address damages related to hurricanes and flooding events. While much of the
funding is for damages in Florida, several States and Puerto Rico are covered by
this appropriation.
NATIONAL PARK SERVICE
CONSTRUCTION
The conference agreement provides an additional $50,802,000 for Construction,
to address damages related to hurricanes and flooding events, primarily in
Florida, North Carolina, and Tennessee.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides an additional $1,000,000 for Surveys,
Investigations, and Research, to address damages related to hurricanes and
flooding events.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATE AND PRIVATE FORESTRY
The conference agreement provides an additional $49,100,000 for State and
Private Forestry, to address damages related to hurricanes and flooding events,
primarily in Florida. Based on current estimates, the conference agreement
assumes that this funding includes $2,100,000 for forest health management,
$10,000,000 for forest stewardship, $16,000,000 for State fire assistance,
$4,000,000 for volunteer fire assistance, and $17,000,000 for urban and
community forestry assistance. The Forest Service should notify the House and
Senate Committees on Appropriations if the final storm assessments indicate that
these funding levels need to be adjusted by more than twenty percent.
NATIONAL FOREST SYSTEM
The conference agreement provides an additional $12,153,000 for National
Forest System, to address damages related to hurricanes and flooding events in
Florida, North Carolina, South Carolina, Tennessee, Georgia, Alabama, Puerto
Rico, Mississippi, and Virginia. Based on current estimates, the conference
agreement assumes that this funding includes the following funding by activity:
$1,842,000 for forest products; $1,073,000 for wildlife and fish management;
$1,686,000 for recreation; $200,000 for inventory and monitoring; $5,909,000 for
vegetation and watershed management; and $1,443,000 for lands management. The
Forest Service should notify the House and Senate Committees on Appropriations
if the final storm assessments indicate that these funding levels need to be
adjusted by more than twenty percent.
WILDLAND FIRE MANAGEMENT
The conference agreement provides an additional $1,028,000 for Wildland Fire
Management, to address damages related to hurricanes and flooding events.
CAPITAL IMPROVEMENT AND MAINTENANCE
The conference agreement provides an additional $50,815,000 for Capital
Improvement and Maintenance, to address damages related to hurricanes and
flooding events in Florida, North Carolina, South Carolina, Tennessee, Georgia,
Alabama, Puerto Rico, Mississippi, and Virginia. Based on current estimates, the
conference agreement assumes that this funding includes the following funding by
activity: $34,118,000 for roads; $8,036,000 for trails; and $8,661,000
facilities. The Forest Service should notify the House and Senate Committees on
Appropriations if the final storm assessments indicate that these funding levels
need to be adjusted by more than twenty percent.
CHAPTER 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENTAL MANAGEMENT
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The conference agreement includes a supplemental appropriation of $50,000,000
for the Public Health and Social Services Emergency Fund. This additional amount
is for hurricane response and relief to aging Americans, children, families,
persons with disabilities, low-income individuals, and the communities in which
they live. The conferees understand that uses include, but are not limited to,
helping provide nutritional, medical, and social services to affected elderly
individuals; providing social services support to communities most affected by
Hurricanes Charley, Frances, Ivan, and Jeanne; making available counseling
services; helping offset the increase in un-reimbursed health care in affected
communities; and addressing storm damage at community health centers in impacted
areas.
The conferees request that the Secretary report to the Committees on
Appropriations of the House of Representatives and the Senate on disbursement of
these funds within 90 days of enactment of this Act. The report should include a
table listing the governments and organizations that received grants or other
direct assistance from these funds, showing the amount and purpose of each grant
or other form of assistance. It should also include a description of any other
uses of these funds, such as activities undertaken directly by the Department.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $138,800,000 for Military Construction,
Navy and Marine Corps. These funds are for costs associated with the repair,
restoration, or replacement of several facilities damaged or destroyed by
Hurricane Ivan at the Pensacola Naval Air Station, Florida. The conference
agreement recognizes that replacement of certain facilities may be more
advantageous than repair or restoration, but the emergency funds provided are
intended to meet capacity that existed before the hurricane, not to meet new
requirements. In the event the Secretary of the Navy determines that
replacement, rather than repair or restoration, of damaged facilities is
warranted, the Secretary is required to provide notification to Congress
fourteen days before funds are obligated for the replacement construction
project.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement provides $8,700,000 for Military Construction, Army
Reserve. These funds are for costs associated with rebuilding a reserve center
damaged by Hurricane Ivan in Pensacola, Florida.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement provides $1,200,000 for Family Housing Operation and
Maintenance, Army. These funds are for costs associated with housing repairs at
facilities damaged by natural disasters.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement provides $9,100,000 for Family Housing Operation and
Maintenance, Navy and Marine Corps. These funds are for costs associated with
housing repairs at facilities damaged by natural disasters.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement provides $11,400,000 for Family Housing Operation
and Maintenance, Air Force. These funds are for costs associated with housing
repairs at facilities damaged by natural disasters.
BASE REALIGNMENT AND CLOSURE ACCOUNT
The conference agreement provides $50,000 to be deposited into the Department
of Defense Base Closure Account 1990. These funds are for costs associated with
the repair of a perimeter fence destroyed by Hurricane Ivan at Naval Activity
Puerto Rico.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $5,100,000 for FAA `Facilities and equipment', to
address expenses resulting from hurricanes Charley, Frances, Ivan, and Jeanne in
the southeastern United States. The Administration requested the same amount
under FAA `Operations'. This funding is consistent with FAA's initial estimates
of damage to radars, navigation and communications equipment, air traffic
control towers, and other facilities. Funds are designated as an emergency
requirement, to be derived from the airport and airway trust fund, and made
available until expended.
EMERGENCY ASSISTANCE TO AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $25,000,000 for FAA `Emergency assistance to airports',
to reimburse public use airports for unanticipated capital expenses resulting
from hurricanes Charley, Frances, Ivan, and Jeanne in the southeastern United
States. Funds are designated as an emergency requirement, to be derived from the
airport and airway trust fund, and made available until expended. The
distribution of these funds is at the discretion of the Administrator of the
Federal Aviation Administration.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL AID HIGHWAYS EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
The conferees provide $1,202,000,000 to fund emergency expenses resulting
from hurricanes Charley, Frances, Gaston, Ivan, and Jeanne, and other eligible
activities authorized by 23 U.S.C. 125. Funds are to be derived from the highway
trust fund and made available until expended. The bill provides funding to
respond to the backlog of emergency needs arising largely from natural disasters
in 2004 and prior years. As requested, the conference agreement exempts expenses
for projects related to hurricanes Charley, Frances, Ivan, and Jeanne from the
statutory cap of $100,000,000 per disaster, per state, because current estimates
indicate that valid needs may exceed that cap. Consistent with the purpose of
these funds, the entire amount has been designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95.
EXECUTIVE OFFICE OF THE PRESIDENT
UNANTICIPATED NEEDS
The conferees provide $70,000,000, as requested, for `Unanticipated Needs',
to reimburse the American Red Cross for reimbursement of disaster relief and
recovery expenses and emergency services associated with hurricanes Charley,
Frances, Ivan, and Jeanne. The appropriation designates such expenses as an
emergency requirement; stipulates that funds may be disbursed to any authorized
federal agency; limits agency administrative costs to 3 percent; and requires
the head of the U.S. Government Accountability Office to audit the use of such
funds.
CHAPTER 11
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
The conferees have provided $38,283,000 for medical services for hurricane
and tropical storm related expenses. The amount provided is the same as the
amount requested by the President.
MEDICAL ADMINISTRATION
The conferees have provided $1,940,000 for medical administration for
expenses incurred in response to hurricane relief efforts and other expenses.
The amount provided is the same as the amount requested by the President.
MEDICAL FACILITIES
The conferees have provided $46,909,000 for medical facilities for hurricane
and tropical storm related expenses at VA facilities. The amount provided is the
same as the amount requested by the President.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
The conferees have provided $545,000 for general operating expenses. The
amount provided is the same as requested by the President.
NATIONAL CEMETERY ADMINISTRATION
The conferees have provided $50,000 for the National Cemetery Administration
for clean-up and repairs at national cemeteries damaged during hurricanes and
related tropical storms. The amount provided is the same as requested by the
President.
CONSTRUCTION, MINOR PROJECTS
The conferees have provided $36,343,000 for construction, minor projects to
support repairs to VA facilities damaged during hurricanes and related tropical
storms. The amount provided is the same as requested by the President.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
The agreement provides $150,000,000 for disaster relief, long-term recovery,
and mitigation in communities affected by disasters designated by the President
between August 31, 2003 and October 1, 2004. The amount has been designated by
the President as an emergency requirement.
In allocating these funds, the Department of Housing and Urban Development
should work closely with the Federal Emergency Management Agency to ensure that
these funds are used solely for disaster relief and are provided to areas facing
the greatest need. The conferees direct HUD, prior to the allocation of funds,
to provide the Committees on Appropriations with an explanation of the purpose
for which funds are requested and how the activity or program was affected by
the disaster. In addition, HUD is to continue to provide the Committees with
quarterly reports on the use of CDBG funds provided for disaster relief.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
The conferees have included $3,000,000 for the repair of the Environmental
Protection Agency's Gulf Ecology Division Facilities in Gulf Breeze, Florida.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SPACE FLIGHT CAPABILITIES
The conferees have provided a total of $126,000,000 for repair of NASA
facilities damaged during recent hurricanes and related events. The amount
provided is the same as the budget request.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
The conferees have included a general provision which provides authority for
the Secretary of Veterans Affairs to transfer funds from `Medical services' to
`General operating expenses' for the purpose of expediting the processing of
benefits claims.
CHAPTER 12
GENERAL PROVISION--THIS ACT
The conference agreement includes section 1201, regarding the availability of
funds.
EMERGENCY DESIGNATIONS
For purposes of section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287, funds
appropriated in this Division are provided in response to a situation which
poses a direct threat to life and property, is sudden, is an urgent and
compelling need, is unpredictable, and is not permanent in nature.
Joe
Knollenberg,
James T. Walsh,
Robert B. Aderholt,
Kay Granger,
Virgil Goode,
David Vitter,
Jack Kingston,
Ander Crenshaw,
Bill Young,
Chet Edwards,
Sam Farr,
Allen Boyd,
Sanford D.
Bishop, Jr.,
Norman D. Dicks,
Managers on the Part of the House.
Kay Bailey Hutchison,
Conrad Burns,
Larry E. Craig,
Mike DeWine,
Sam Brownback,
Ted Stevens,
Dianne Feinstein,
Daniel K. Inouye,
Tim Johnson,
Mary L. Landrieu,
Robert C. Byrd,
Managers on the Part of the Senate.