[108th Congress Public Law 324]
[From the U.S. Government Printing Office]
[DOCID: f:publ324.108]
[[Page 1219]]
MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT, 2005
[[Page 118 STAT. 1220]]
Public Law 108-324
108th Congress
An Act
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. <<NOTE: Oct. 13, 2004 - [H.R. 4837]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Military Construction
Appropriations and Emergency Hurricane Supplemental Appropriations Act,
2005.>> assembled,
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 <<NOTE: Military Construction Appropriations Act,
2005.>> 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
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,
[[Page 118 STAT. 1221]]
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
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
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
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
[[Page 118 STAT. 1222]]
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
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.
[[Page 118 STAT. 1223]]
North Atlantic Treaty Organization
Security Investment Program
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
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
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.
[[Page 118 STAT. 1224]]
Family Housing Construction, Air Force
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
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.
[[Page 118 STAT. 1225]]
Chemical Demilitarization Construction, Defense-Wide
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. <<NOTE: Contracts.>> 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
[[Page 118 STAT. 1226]]
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. <<NOTE: Notification. Deadline.>> 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.
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
[[Page 118 STAT. 1227]]
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. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports. Deadline. (transfer of funds)>> 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.
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.
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.
[[Page 118 STAT. 1228]]
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. <<NOTE: Deadline. Contracts. Notice.>> (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.
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. <<NOTE: 10 USC 2821 note.>> 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 <<NOTE: Reports.>> 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.
[[Page 118 STAT. 1229]]
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. <<NOTE: 10 USC 111 note.>> 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. <<NOTE: Deadline.>> 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. <<NOTE: Federal buildings and facilities.>> 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) <<NOTE: Effective date.>> 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
[[Page 118 STAT. 1230]]
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 <<NOTE: Emergency Supplemental Appropriations for
Hurricane Disasters Assistance Act of 2005.>> SUPPLEMENTAL
APPROPRIATIONS FOR HURRICANE DISASTERS ASSISTANCE ACT, 2005
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, 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
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.
[[Page 118 STAT. 1231]]
Natural Resources Conservation Service
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
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: Provider 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
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 such loans 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.
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
[[Page 118 STAT. 1232]]
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. 5177a(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.
[[Page 118 STAT. 1233]]
(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.
(7) Payment limitations.--
(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.)
[[Page 118 STAT. 1234]]
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,
[[Page 118 STAT. 1235]]
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. 13804), relating to notices of
proposed rulemaking and public participation in rulemaking; and (3)
chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act''): 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.
[[Page 118 STAT. 1236]]
(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. <<NOTE: New Jersey.>> (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
[[Page 118 STAT. 1237]]
to cover costs associated with pruning, rehabilitating, and other
appropriate activities as determined by the Secretary.
CHAPTER 2
DEPARTMENT OF JUSTICE
Federal Prison System
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.
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
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.
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.
[[Page 118 STAT. 1238]]
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
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
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.
[[Page 118 STAT. 1239]]
Operation and Maintenance, Marine Corps
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
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
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, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Deadline. Reports.>> 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.
[[Page 118 STAT. 1240]]
Operation and Maintenance, Army Reserve
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
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
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
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.
[[Page 118 STAT. 1241]]
Operation and Maintenance, Air National Guard
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
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, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Deadline. Reports.>> 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
[[Page 118 STAT. 1242]]
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
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
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
[[Page 118 STAT. 1243]]
for purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414).
Sec. 303. <<NOTE: Notification.>> 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''.
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, <<NOTE: Notification.>> 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''.
Sec. <<NOTE: Applicability.>> 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'', <<NOTE: Ante, p. 960.>> 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
[[Page 118 STAT. 1244]]
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:
To:
Under the heading, ``Research, Development,
Test and Evaluation, Defense-Wide, 2005/2006'',
$5,950,000.
From:
Under the heading, ``Operation and
Maintenance, Army'', $5,950,000.
To:
Under the heading, ``Procurement, Marine
Corps, 2005/2007'', as provided in title IX of
Public Law 108-287, $7,000,000.
From:
Under the heading, ``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.
From:
Under the heading, ``Defense Health Program'',
Operation and Maintenance, $500,000.
To:
Under the heading, ``Operation and
Maintenance, Army National Guard'', $1,400,000.
From:
Under the heading, ``Operation and
Maintenance, Army'', $1,400,000.
(3) Section 9014 authorities.--
The <<NOTE: Applicability.>> 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), <<NOTE: Ante, p. 1007.>> is amended by
striking ``$300,000,000'', and inserting ``$500,000,000''.
Sec. 309. <<NOTE: Ante, p. 1007.>> 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''.
[[Page 118 STAT. 1245]]
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
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.
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.
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.
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.
[[Page 118 STAT. 1246]]
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 the
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
For an additional amount for ``International Disaster and Famine
Assistance'', $100,000,000, to remain available until September 30,
2005: Provided, <<NOTE: Caribbean.>> 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
[[Page 118 STAT. 1247]]
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
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
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
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.
[[Page 118 STAT. 1248]]
United States Geological Survey
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
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.
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.
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.
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.
[[Page 118 STAT. 1249]]
CHAPTER 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Departmental Management
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, <<NOTE: Notification.>> 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.
[[Page 118 STAT. 1250]]
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
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:
[[Page 118 STAT. 1251]]
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.
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
For an additional amount for ``Emergency Relief Program'', for
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
[[Page 118 STAT. 1252]]
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, <<NOTE: Reports.>> 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
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.
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.
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
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
[[Page 118 STAT. 1253]]
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.
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.
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
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
[[Page 118 STAT. 1254]]
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, <<NOTE: Federal Register,
publication. Deadline.>> 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
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
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
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,
[[Page 118 STAT. 1255]]
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 <<NOTE: Alaska Natural Gas Pipeline Act.>> NATURAL
GAS PIPELINE
SEC. 101. <<NOTE: 15 USC 720 note.>> SHORT TITLE.
This division may be cited as the ``Alaska Natural Gas Pipeline
Act''.
SEC. 102. <<NOTE: 15 USC 720.>> DEFINITIONS.
In this division:
(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
(B) section 103.
(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.
[[Page 118 STAT. 1256]]
(8) State.--The term ``State'' means the State of Alaska.
SEC. 103. <<NOTE: 15 USC 720a.>> 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 <<NOTE: Deadline.>> 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.
(e) Open Season.--
(1) In general.--Not <<NOTE: Deadline. Regulations.>> 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
[[Page 118 STAT. 1257]]
(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.
(h) Alaska Royalty Gas.--
(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. <<NOTE: 15 USC 720b.>> 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
[[Page 118 STAT. 1258]]
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.
(c) Other Agencies.--
(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 <<NOTE: Deadlines.>> 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. <<NOTE: 15 USC 720c.>> 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;
[[Page 118 STAT. 1259]]
(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. <<NOTE: 15 USC 720d.>> 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.
(b) Federal Coordinator.--
(1) Appointment.--The <<NOTE: President. Congress.>> 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
[[Page 118 STAT. 1260]]
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--
(A) override--
(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.
(e) State Coordination.--
(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 <<NOTE: Expiration date.>> functions,
authorities, duties, and responsibilities of the Federal Coordinator
shall be vested in the Secretary until the later of the appointment of
the Federal
[[Page 118 STAT. 1261]]
Coordinator by the President, or 18 months after the date of enactment
of this Act.
SEC. 107. <<NOTE: 15 USC 720e.>> 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 division,
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:
``(c) Jurisdiction.--
``(1) Special courts.--
``(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. <<NOTE: 15 USC 720f.>> 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.
[[Page 118 STAT. 1262]]
(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.
(c) Rate Coordination.--
(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. <<NOTE: 15 USC 720g.>> STUDY OF ALTERNATIVE MEANS OF
CONSTRUCTION.
(a) Requirement of Study.--If <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 720h.>> 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
[[Page 118 STAT. 1263]]
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. <<NOTE: 15 USC 720i.>> 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. <<NOTE: 15 USC 720j.>> 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.
(c) Study.--
(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--
[[Page 118 STAT. 1264]]
(A) update the study at least once every 5 years
until construction of an Alaska natural gas
transportation project is completed; and
(B) <<NOTE: Reports.>> on completion of each update,
submit to Congress a report containing the results of
the update.
SEC. 113. <<NOTE: 15 USC 720k.>> ALASKA PIPELINE CONSTRUCTION TRAINING
PROGRAM.
(a) Program.--
(1) Establishment.--The <<NOTE: Grants.>> 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. <<NOTE: 15 USC 720l.>> 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;
[[Page 118 STAT. 1265]]
(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. <<NOTE: 15 USC 720m.>> 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. <<NOTE: 15 USC 720n.>> 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) <<NOTE: Expiration date.>> 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
[[Page 118 STAT. 1266]]
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
[[Page 118 STAT. 1267]]
plants), and appurtenances thereto, that are used to transport
natural gas from the Alaska North Slope to the continental
United States.
Approved October 13, 2004.
LEGISLATIVE HISTORY--H.R. 4837 (S. 2674):
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HOUSE REPORTS: Nos. 108-607 (Comm. on Appropriations) and 108-733
(Comm. of Conference).
SENATE REPORTS: No. 108-309 accompanying S. 2674 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 21, 22, considered and passed House.
Sept. 15, 20, considered and passed Senate, amended.
Oct. 9, House agreed to conference report. Senate considered
conference report.
Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 13, Presidential statement.
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