Text: H.R.4837 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-324 (10/13/2004)

 
[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):
---------------------------------------------------------------------------

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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