Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009/Division B

DIVISION B — DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2008

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008, and for other purposes, namely:

TITLE I — RELIEF AND RECOVERY FROM NATURAL DISASTERS

CHAPTER 1 — AGRICULTURE AND RURAL DEVELOPMENT

DEPARTMENT OF AGRICULTURE

Office of Inspector General

For an additional amount for ``Office of Inspector General´´, $5,000,000, to remain available until expended, for oversight of disaster- and emergency-related funding provided by this chapter.

Agricultural Research Service

buildings and facilities

For an additional amount for ``Buildings and Facilities´´, $5,000,000, to remain available until expended, for the repair and reconstruction of buildings damaged by natural disasters occurring during 2008.

Animal and Plant Health Inspection Service

salaries and expenses

For an additional amount for ``Salaries and Expenses´´, $5,000,000, to remain available through September 30, 2010, for pathogen surveillance and eradication to address confirmed or suspected outbreaks.

Natural Resources Conservation Service

emergency watershed protection program

For an additional amount for the ``Emergency Watershed Protection Program´´, $100,000,000, to remain available until expended, for disaster recovery operations.

Farm Service Agency

emergency conservation program

For an additional amount for ``Emergency Conservation Program´´, $115,000,000, to remain available until expended.

Rural Development Programs

rural development disaster assistance fund

For grants, and for the cost of direct and guaranteed loans, for authorized activities of agencies of the Rural Development Mission Area, $150,000,000, to remain available until expended, which shall be allocated as follows: $59,000,000 for single and multi-family housing activities; $40,000,000 for community facilities activities; $26,000,000 for utilities activities; and $25,000,000 for business activities:

Provided, That such funds shall be for areas affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974:

Provided further, That the cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That the Secretary of Agriculture may reallocate funds made available in this paragraph among the 4 specified activities, if the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate not less than 15 days prior to such reallocation.

In addition, for an additional amount for grants, and for the cost of direct and guaranteed loans, for authorized activities of the Rural Housing Service, $38,000,000, to remain available until expended, for single and multi-family housing activities:

Provided, That such funds shall be for areas affected by Hurricanes Katrina and Rita:

Provided further, That the cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

GENERAL PROVISIONS, THIS CHAPTER

(including transfers of funds)

Sec. 10101.

(a) Rural Development Disaster Assistance Fund.—

Hereafter, there is established in the Treasury a fund entitled the ``Rural Development Disaster Assistance Fund´´.

(b) Purpose and Availability of Fund.—

Subject to subsection (d), amounts in the Rural Development Disaster Assistance Fund shall be available to the Secretary of Agriculture, until expended, to provide additional amounts for authorized activities of agencies of the Rural Development Mission Area in areas affected by a disaster declared by the President or the Secretary of Agriculture. Amounts so provided shall be in addition to any other amounts available to carry out the activity.

(c) Waiver of Activity or Project Limitations.—

The Secretary of Agriculture may waive any limits on population, income, or cost-sharing otherwise applicable to an activity or project for which amounts in the Rural Development Disaster Assistance Fund will be obligated under subsection (b), except that, if the amounts proposed to be obligated in connection with the disaster would exceed the amount specified in subsection (h), the notification required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection.

(d) Treatment of Certain Amounts in Fund.—

Amounts appropriated directly to the Rural Development Disaster Assistance Fund by this Act or any subsequent Act for a specific purpose shall be available only for that purpose until such time as the transfer authority provided by subsection (f) takes effect with regard to the amounts. Only subsection (c), including the notification requirements of such subsection, and subsections (g) and (i) apply to amounts described in this subsection.

(e) Transfer of Prior Appropriations to Fund.—

The Secretary of Agriculture may transfer to the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that were appropriated before the date of the enactment of this Act for programs and activities of the Rural Development Mission Area to respond to a disaster and were designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate.

(f) Transfer of Other Appropriations to Fund.—

Unless otherwise specifically provided in an appropriations Act, the Secretary of Agriculture may transfer to or within the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2009 or any subsequent fiscal year for programs and activities of the Rural Development Mission Area to respond to a disaster and are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate. A transfer of unobligated amounts with respect to a disaster may not be made under this subsection until after the end of the two-year period beginning on the date on which the amounts were originally appropriated for that disaster.

(g) Administrative Expenses.—

In addition to any other funds available to the Secretary of Agriculture to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Rural Development Disaster Assistance Fund for a specific disaster to cover administrative costs of Rural Development's State and local offices in the areas affected by the disaster to carry out disaster related activities.

(h) Limitation on Per Disaster Obligations.—

Amounts in the Rural Development Disaster Assistance Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a disaster until at least 15 days after the date on which the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate of the Secretary's determination to obligate additional amounts and the reasons for the determination. The Secretary may not obligate more than 50 percent of the funds contained in the Rural Development Disaster Assistance Fund for any one disaster unless the Secretary declares that there is a specific and extreme need that additional funds must be provided in response to such disaster at time of the obligation.

(i) Quarterly Reports.—

The Secretary of Agriculture shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Rural Development Disaster Assistance Fund and any transactions that have affected the Fund since the previous report.

Sec. 10102.

Section 1601 (c)(2) of the Food, Conservation and Energy Act of 2008 (Public Law 110-246) shall apply in implementing section 12033 of such Act.

CHAPTER 2 — COMMERCE AND SCIENCE

DEPARTMENT OF COMMERCE

Economic Development Administration

economic development assistance programs

Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C. 3233), for an additional amount for ``Economic Development Assistance Programs´´, for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure related to the consequences of hurricanes, floods and other natural disasters occuring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, $400,000,000, to remain available until expended.

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ``Operations, Research, and Facilities´´, to improve hurricane track and intensity forecasts for the protection of life and property, $11,000,000, to remain available until September 30, 2009.

In addition, for an additional amount for ``Operations, Research, and Facilities´´, for fishery disaster assistance, $75,000,000, to remain available until September 30, 2009:

Provided, That the National Marine Fisheries Service shall cause such amounts to be distributed among eligible recipients of assistance for fishery resource disasters and commercial fishery failures as declared by the Secretary of Commerce under sections 308(b) and 308(d) of the Interjurisdicitional Fisheries Act (16 U.S.C. 4107) and sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 1864).

procurement, acquisition, and construction

For an additional amount for ``Procurement, Acquisition, and Construction´´, to improve hurricane track and intensity forecasts for the protection of life and property, $6,000,000, to remain available until September 30, 2009.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Exploration Capabilities

For an additional amount for ``Exploration Capabilities´´, for necessary expenses for restoration and mitigation of National Aeronautics and Space Administration owned infrastructure and facilities related to the consequences of hurricanes, floods, and other natural disasters occuring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $30,000,000, to remain available until expended with such sums as determined by the Administrator of the National Aeronautics and Space Administration as available to reimburse costs incurred and for transfer to ``Science, Aeronautics and Exploration´´ in accordance with section 505 of division B of Public Law 110-161.

CHAPTER 3 — ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers—Civil

construction

For an additional amount for ``Construction´´ for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes, floods and other natural disasters, $1,538,800,000, to remain available until expended:

Provided, That the Secretary of the Army is directed to use $38,800,000 of the funds appropriated under this heading to address emergency situations at Corps of Engineers projects and rehabilitate and repair damages to Corps projects caused by recent natural disasters:

Provided further, That the Secretary is directed to use $1,500,000,000 of the funds appropriated under this heading to fund the estimated amount of the non-Federal cash contribution for projects in southeast Louisiana that will be financed in accordance with the provisions of section 103(k) of Public Law 99-662 over a period of 30 years from the date of completion of the project or separable element, with $700,000,000 used for the Lake Pontchartrain and Vicinity project; $350,000,000 used for the West Bank and Vicinity project and $450,000,000 used for elements of the Southeast Louisiana Urban Drainage project that are within the geographic perimeter of the West Bank and Vicinity and Lake Pontchartrain and Vicinity projects:

Provided further, That the expenditure of funds as provided above may be made without regard to individual amounts or purposes and any reallocation of funds that is necessary to accomplish the established goals is authorized subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

mississippi river and tributaries

For an additional amount for ``Mississippi River and Tributaries´´ for recovery from natural disasters, $82,400,000, to remain available until expended, to dredge eligible projects in response to and repair damages to Federal projects caused by recent natural disasters:

Provided, That $35,000,000 shall be used to reimburse projects where funding was transferred to the Flood Control and Coastal Emergencies account under the provisions of section 5 of the Act of August 18, 1941 (33 U.S.C. 701n):

Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

operation and maintenance

For an additional amount for ``Operation and Maintenance´´ to dredge navigation channels and repair other Corps projects related to natural disasters, $740,000,000, to remain available until expended:

Provided, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

flood control and coastal emergencies

For an additional amount for ``Flood Control and Coastal Emergencies´´, as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of recent hurricanes and other natural disasters as authorized by law, $415,600,000, to remain available until expended to support emergency operations, repair eligible projects nationwide, and for other activities in response to natural disasters:

Provided, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

CHAPTER 4 — FINANCIAL SERVICES AND GENERAL GOVERNMENT

INDEPENDENT AGENCIES

General Services Administration

real property activities

federal buildings fund

construction and acquisition

For an additional amount to be deposited in the Federal Buildings Fund, $182,000,000, exclusive of permitted escalation, is authorized and available for the Administrator to proceed with necessary site acquisition, design, and construction for the new courthouse project in Cedar Rapids, Iowa:

Provided, That the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts provided unless advance approval is obtained from the Committees on Appropriations of a greater amount:

Provided further, That all funds for direct construction projects shall expire on September 30, 2009 and remain in the Federal Buildings Fund except for funds for projects to which funds for design or other funds have been obligated in whole or in part prior to such date.

Small Business Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses´´, $10,000,000, to remain available until September 30, 2009, for grants under section 21 of the Small Business Act (15 U.S.C. 648) to small business development centers to provide technical assistance to small business concerns affected by recent hurricanes, flooding, and other natural disasters in calendar year 2008:

Provided, That the Administrator of the Small Business Administration shall waive the matching requirement under section 21(a)(4)(A) of such Act for any grant made using funds made available under this heading.

office of inspector general

For an additional amount for ``Office of Inspector General´´ for necessary expenses related to the consequences of recent hurricanes and other natural disasters in calendar year 2008, $3,000,000, to remain available until expended.

disaster loans program account

For an additional amount for the ``Disaster Loans Program Account´´ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to recent hurricanes and other natural disasters, $498,000,000, 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 administrative expenses to carry out the direct loan program authorized by section 7(b) in response to recent hurricanes and other natural disasters, including onsite assistance to disaster victims, increased staff at call centers, processing centers, and field inspections teams, and attorneys to assist in loan closings, $288,000,000 to remain available until expended; of which $279,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be paid to appropriations for Salaries and Expenses; and of which $9,000,000 is for indirect administrative expenses, which may be paid to appropriations for Salaries and Expenses.

CHAPTER 5 — HOMELAND SECURITY

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

acquisition, construction, and improvements

(Including Transfer of Funds)

For an additional amount for ``Acquisition, Construction, and Improvements´´ for necessary expenses related to the consequences of 2008 natural disasters and flooding, $300,000,000, to remain available until expended:

Provided, That notwithstanding the transfer limitation contained in section 503 of division E of Public Law 110-161, such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section:

Provided further, That a plan listing all facilities to be reconstructed and restored, with associated costs, shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives.

Federal Emergency Management Agency

disaster relief

(Including Transfer of Funds)

For an additional amount for ``Disaster Relief´´, $7,960,000,000, to remain available until expended:

Provided, That of the amount provided, up to $98,150,000 may be transferred to the ``Disaster Assistance Direct Loan Program Account´´ for the cost of direct loans as authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), of which up to $4,200,000 is for administrative expenses to carry out the direct loan program:

Provided further, That such transfer may be made to subsidize gross obligations for the principal amount of direct loans not to exceed $100,000,000 under section 417 of such Act:

Provided further, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):

Provided further, That of the amount Provided, up to $8,000,000 shall be transferred to the ``Department of Homeland Security Office of Inspector General´´ for audits and investigations related to disasters.

GENERAL PROVISIONS, THIS CHAPTER

(Including Transfer of Funds)

Sec. 10501.

(a) Rescission.—

Of amounts previously made available from ``Federal Emergency Management Agency—Disaster Relief´´ to the State of Mississippi pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5170c) for Hurricane Katrina, an additional $20,000,000 is rescinded.

(b) Appropriation.—

For ``Federal Emergency Management Agency—State and Local Programs´´, there is appropriated an additional $20,000,000, to remain available until expended, for a grant to the State of Mississippi for an interoperable communications system required in the aftermath of Hurricane Katrina.

Sec. 10502.

There is hereby appropriated to the Secretary of the Department of Homeland Security not to exceed $100,000,000, to remain available until September 30, 2009, for payments to the American Red Cross for reimbursement of disaster relief and recovery expenditures and emergency services provided in the United States associated with hurricanes, floods, and other natural disasters occurring in 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, and only to the extent funds are not made available for those activities by other Federal sources:

Provided, That these funds may be administered by any authorized federal government agency to meet the purposes of this provision and that total administrative costs shall not exceed 3 percent of the total appropriation:

Provided further, That the Comptroller General shall audit the use of these funds by the American Red Cross.

Sec. 10503.

Until such time as preliminary flood insurance rate maps initiated prior to October 1, 2008 are completed and released for public review, preliminary base flood elevations are published in the Federal Register, and the second required local newspaper publication of such base flood elevations is made for the City of St. Louis, St. Charles and St. Louis counties in Missouri, and Madison, Monroe, and St. Clair counties in Illinois, the Administration shall not begin the statutory appeals process in such areas required under section 1363 of the National Flood Insurance Act of 1968.

CHAPTER 6 — INTERIOR AND ENVIRONMENT

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

wildland fire management

(Including transfers of funds)

For an additional amount for ``Wildland Fire Management´´, $135,000,000, to remain available until expended, of which

(1) $110,000,000 is for urgent wildland fire suppression activities, including repayments to other accounts from which funds were transferred in fiscal year 2008 for wildfire suppression so that all such transfers for fiscal year 2008 are fully repaid; and

(2) $25,000,000 is for burned area rehabilitation.

United States Fish and Wildlife Service

construction

For an additional amount for ``Construction´´, $75,000,000, to remain available until expended, for necessary expenses related to the consequences of hurricanes and natural disasters.

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

(Including transfers of funds)

For an additional amount for ``Capital Improvement and Maintenance´´, $30,000,000, to remain available until expended, for necessary expenses, including cleanup, related to the consequences of hurricanes, floods and other natural disasters.

wildland fire management

(Including transfers of funds)

For an additional amount for ``Wildland Fire Management´´, $775,000,000, to remain available until expended, of which

(1) $500,000,000 shall be available for emergency wildfire suppression and related activities, of which no less than $300,000,000 shall be transferred to Forest Service accounts within 15 days of enactment of this Act so that all such transfers for wildfire suppression in fiscal year 2008 are fully repaid, including $30,000,000 reallocated between programs in the Wildland Fire Management Account; and of which $100,000,000 shall be transferred within 15 days of enactment of this Act to the fund established by section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) to repay transfers made for previous emergency wildfire suppression activities;

(2) $175,000,000 shall be available for hazardous fuels reduction and hazard mitigation activities in areas at high risk of catastrophic wildfire due to population density and fuel loads, of which $125,000,000 is available for work on State and private lands using all the authorities available to the Forest Service;

(3) $75,000,000 is for rehabilitation and restoration of Federal lands and may be transferred to other Forest Service accounts as necessary; and

(4) $25,000,000 is for preparedness for retention initiatives in areas at high risk of catastrophic wildfire that face recurrent staffing shortages.

CHAPTER 7 — HEALTH AND HUMAN SERVICES AND EDUCATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

social services block grant

For an additional amount for ``Social Services Block Grant´´, $600,000,000, which shall remain available through September 30, 2009, for necessary expenses resulting from hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, and from Hurricanes Katrina and Rita, notwithstanding section 2003 and paragraphs (1) and (4) of section 2005(a) of the Social Security Act:

Provided, That notwithstanding section 2002 of the Social Security Act, the distribution of such amount shall be limited to States directly affected by these events:

Provided further, That the Secretary of Health and Human Services shall distribute such amount to eligible States based on demonstrated need in accordance with objective criteria that are made available to the public:

Provided further, That in addition to other uses permitted by title XX of the Social Security Act, funds appropriated under this heading may be used for health services (including mental health services), and for repair, renovation, and construction of health care facilities (including mental health facilities), child care centers, and other social services facilities.

DEPARTMENT OF EDUCATION

School Improvement Programs

For an additional amount for ``School Improvement Programs´´ for education for homeless children and youths (as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), $15,000,000, to remain available through September 30, 2009:

Provided, That such funds shall be made available, based on demonstrated need, only to local educational agencies whose enrollment of homeless students has increased as a result of hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974:

Provided further, That such funds shall be used for the activities described in section 723(d) of such Act (42 U.S.C. 11433(d)) and services provided using such funds shall comply with paragraphs (2) and (3) of section 723(a) of such Act (42 U.S.C. 11433(a)):

Provided further, That the local educational agency requirements described in paragraphs (3) through (7) of section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply:

Provided further, That the Secretary of Education shall distribute these funds to such local educational agencies not later than 120 days after the date of the enactment of this Act.

Higher Education Disaster Relief

For an additional amount under part B of title VII of the Higher Education Act of 1965 (``HEA´´) for institutions of higher education (as defined in section 101 or section 102(c) of that Act) that are located in an area affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $15,000,000, to remain available through September 30, 2009:

Provided, That such funds shall be available to the Secretary of Education only for payments to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, and construction) incurred by such institutions of higher education that were forced to close, relocate, or whose operations were impaired as a result of damage directly caused by such hurricanes, floods, and other natural disasters occurring during 2008, and for payments to enable such institutions to provide grants to students who attend such institutions for academic years beginning on or after July 1, 2008:

Provided further, That such payments shall be made in accordance with criteria established by the Secretary and made publicly available without regard to section 437 of the General Education Provisions Act, section 553 of title 5, United States Code, or part B of title VII of the HEA:

Provided further, That the Secretary shall award funds available under this paragraph not later than 60 days after the date of the enactment of this Act.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 10701.

(a) Extension of Waiver Authority.—

Section 105 of subtitle A of title IV of division B of Public Law 109-148 (119 Stat. 2797) is amended—

(1) in subsection (b)—

(A) in the first sentence, by striking ``for fiscal year 2007.´´ and inserting ``for any of fiscal years 2007 through 2009.´´; and

(B) by striking the second sentence; and

(2) in subsection (c)(2), by striking ``for fiscal year 2006 or 2007´´ and inserting ``for any fiscal year´´.

(b) Application of Waiver Authority to Areas Affected in 2008.—

The authority of the Secretary of Education under section 105 of subtitle A of title IV of division B of Public Law 109-148 (119 Stat. 2797), as amended by subsection (a), may be exercised with respect to an entity in an area affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974.

Sec. 10702.

(a) Allocation and Use of Campus-Based Higher Education Assistance.—

(1) Waiver of matching requirements.—

Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with respect to funds made available for academic year 2009-2010 to an institution of higher education located in an area affected by a 2008 natural disaster, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share or a capital contribution, as the case may be, to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A and part C of title IV of such Act.

(2) Waiver of reallocation rules.—

(A) Authority to reallocate.—

Notwithstanding sections 413D(d) and 442(d) of the Higher Education Act of 1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Secretary shall—

(i) reallocate any funds returned under any of those sections that were allocated to institutions of higher education for award year 2008-2009 to an institution of higher education that is eligible under this paragraph; and

(ii) waive the allocation reduction for award year 2009-2010 for an institution returning more than 10 percent of its allocation under any of those sections.

(B) Eligible institutions for reallocation.—

An institution of higher education may receive a reallocation of excess allocations under this paragraph if the institution—

(i) participates in the program for which excess allocations are being reallocated; and

(ii) is located in an area affected by a 2008 natural disaster.

(C) Basis of reallocation.—

The Secretary shall determine the manner in which excess allocations shall be reallocated to institutions under subparagraph (A), and shall give additional consideration to the needs of institutions located in an area affected by a 2008 natural disaster.

(D) Additional waiver authority.—

Notwithstanding any other provision of law, in order to carry out this paragraph, the Secretary may waive or modify any statutory or regulatory provision relating to the reallocation of excess allocations under subpart 3 of part A or part C of title IV of the Higher Education Act of 1965 in order to ensure that assistance is received by institutions described in subsection (a)(2)(B).

(b) Definitions.—

In this section:

(1) 2008 natural disaster.—

The term ``2008 natural disaster´´ means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) that was caused by hurricanes, floods, and other natural disasters during calendar year 2008.

(2) Area affected by a 2008 natural disaster.—

The term ``area affected by a 2008 natural disaster´´ means a county or parish that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of a 2008 natural disaster.

(3) Institution of higher education.—

The term ``institution of higher education´´ has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

(4) Secretary.—

The term ``Secretary´´ means the Secretary of Education.

CHAPTER 8 — MILITARY CONSTRUCTION

DEPARTMENT OF DEFENSE

Military Construction, Army National Guard

For an additional amount for ``Military Construction, Army National Guard´´, $25,000,000, to remain available until September 30, 2013, for construction due to damages as a result of natural disasters:

Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military contruction projects not otherwise authorized by law:

Provided further, That within 30 days of enactment of this Act, the Army National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.

CHAPTER 9 — DEPARTMENT OF STATE AND FOREIGN OPERATIONS

International Commissions

international boundary and water commission, united states and mexico

construction

For an additional amount for ``Construction´´, for the water quantity program to meet immediate and emergency repair and rehabilitation requirements, $37,500,000, to remain available until expended:

Provided, That up to $3,000,000 may be transferred to, and merged with, funds available under the heading ``International Boundary and Water Commission—Salaries and Expenses´´:

Provided further, That not later than 60 days after enactment of this Act, the Commission shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan for funds appropriated under this heading.

CHAPTER 10 — TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

federal-aid highways

emergency relief program

For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $850,000,000, to remain available until expended:

Provided, That notwithstanding section 125(d)(1) of such title, the Secretary of Transportation may obligate more than $100,000,000 for eligible expenses in a State in a fiscal year to respond to damage caused by Hurricanes Gustav and Ike.

Federal Railroad Administration

railroad rehabilitation and repair

For necessary expenses for the Secretary of Transportation to make grants to repair and rehabilitate Class II and Class III railroad infrastructure damaged by hurricanes, floods, and other natural disasters in areas for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $20,000,000, to remain available until expended, and to be awarded to States on a competitive case-by-case basis based on need:

Provided, That funds available under this heading shall be available for repair and rehabilitation of railroad rights-of-way, bridges, signals, and other infrastructure which is part of the general railroad system of transportation and primarily used by railroads to move freight traffic:

Provided further, That the maximum Federal share for carrying out a project under this heading shall be 80 percent of the project cost with the non-Federal share provided only in cash, equipment or supplies:

Provided further, That the Secretary may retain up to one-half of 1 percent of the funds under this heading to fund the oversight by the Administrator of the Federal Railroad Administration of the design and implementation of projects funded by grants made under this heading:

Provided further, That the provisions of section 24312 of title 49, United States Code, shall apply to grantees assisted under this heading:

Provided further, That grantees must exhaust all other Federal and State resources prior to seeking assistance under this heading.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

tenant-based rental assistance

For an additional amount for ``Tenant-Based Rental Assistance´´, as authorized under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided for, $85,000,000, to remain available until expended, for incremental housing assistance, including related administrative expenses, for persons assisted under the Disaster Housing Assistance Program whose assistance would otherwise end on March 1, 2009.

project-based rental assistance

For an additional amount to areas impacted by Hurricanes Katrina and Rita for project-based vouchers under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), $50,000,000, to remain available until expended.

public housing capital fund

For an additional amount to be made available to the Secretary of Housing and Urban Development, $15,000,000, notwithstanding any other provision of law, to be used solely for the redevelopment of public housing impacted by Hurricanes Katrina and Rita.

Community Planning and Development

community development fund

For an additional amount for the ``Community Development Fund´´, for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas affected by hurricanes, floods, and other natural disasters occuring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $6,500,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93-383):

Provided, That funds provided under this heading shall be administered through an entity or entities designated by the Governor of each State:

Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers:

Provided further, That funds allocated under this heading shall not adversely affect the amount of any formula assistance received by a State under the Community Development Fund:

Provided further, That each State may use up to 5 percent of its allocation for administrative costs:

Provided further, That $6,500,000 shall be available for use by the Assistant Secretary of Community Planning and Development for the administrative costs, including information technology costs, with respect to amounts made available under this section and under section 2301(a) of the Housing and Economic Recovery Act of 2008.

Provided further, That not less than $650,000,000 from funds made available on a pro-rata basis according to the allocation made to each State under this heading shall be used for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas where there is a demonstrated need as determined by the Secretary:

Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a State explaining why such waiver is required to facilitate the use of such funds or guarantees, if the Secretary finds that such waiver would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974:

Provided further, That a waiver granted by the Secretary under the preceding proviso may not reduce the percentage of funds which must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce or eliminate the percentage requirement:

Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver:

Provided further, That every waiver made by the Secretary must be reconsidered according to the three previous provisos on the 2-year anniversary of the day the Secretary published the waiver in the Federal Register:

Provided further, That the Secretary shall allocate to the states not less than 33 percent of the funding provided under this heading within 60 days after the enactment of this Act based on the best estimates available of relative damage and anticipated assistance from other Federal sources:

Provided further, That prior to the obligation of funds each State shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure:

Provided further, That each State will report quarterly to the Committees on Appropriations on all awards and uses of funds made available under this heading, including specifically identifying all awards of sole-source contracts and the rationale for making the award on a sole-source basis:

Provided further, That the Secretary shall notify the Committees on Appropriations of any proposed allocation of any funds and any related waivers made pursuant to the provisions under this heading no later than 5 days before such allocation or waiver is made:

Provided further, That the Secretary shall establish procedures to prevent recipients from receiving any duplication of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including duplication of benefits:

Provided further, That none of the funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 11001.

Section 7025 of Public Law 109-234 is amended by inserting ``and nine months´´ after ``two years´´.

Sec. 11002.

The Secretary of Housing and Urban Development (``Secretary´´) is authorized to transfer, at the request of the project owner, any project-based assistance contract in its entirety entered into pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (and any use restriction on the project) from one project to another project. The Secretary shall make a determination of approval or disapproval within 60 days of receipt of the proper documentation required for such transfer, as determined by the Secretary, if—

(1) the project from which the contract is transferred is destroyed, damaged by Hurricanes Katrina or Rita, or is considered beyond repair, physically obsolete, or economically infeasible; and

(2) the number of individuals that can be served in the project to which the contract is transferred is approximately at least equal to the number of individuals that could be served in the project from which the contract is transferred, and any difference in the unit count and bedroom configuration between the two projects shall be immaterial to the Secretary's authority to transfer the contract.

Sec. 11003.

Section 901 of Public Law 109-148 is amended by deleting ``calendar years 2006 and 2007´´ and inserting ``calendar years 2006, 2007, 2008, and 2009´´.

TITLE II — OTHER SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1 — STATE AND FOREIGN OPERATIONS

DEPARTMENT OF STATE

Office of Inspector General

(Including Transfer of Funds)

For an additional amount for ``Office of Inspector General´´, $9,000,000, which shall be transferred to the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight, to remain available until September 30, 2010.

BILATERAL ECONOMIC ASSISTANCE

Other Bilateral Economic Assistance

economic support fund

(Including Transfer of Funds)

For an additional amount for ``Economic Support Fund´´, $465,000,000, to remain available until September 30, 2010, of which up to $5,000,000 may be made available for administrative expenses of the United States Agency for International Development, in addition to amounts otherwise made available for such purposes:

Provided, That of the funds appropriated under this heading, $365,000,000 shall be made available for assistance for Georgia and the region for humanitarian and economic relief, reconstruction, energy-related programs and democracy activities, and may be transferred to, and merged with, funds appropriated under the headings ``Assistance for the Independent States of the Former Soviet Union´´ and ``International Disaster Assistance´´, of which up to $8,000,000 may be transferred to, and merged with, funds made available for ``International Broadcasting Operations´´ for broadcasting activities to Georgia, Russia and the region:

Provided further, That none of the funds made available in prior Acts making appropriations for foreign operations, export financing, and related programs under the headings ``Assistance for the Independent States of the Former Soviet Union´´ and ``Assistance for Eastern Europe and the Baltic States´´, or funds appropriated for Iraq for the Community Stabilization Program under the heading ``Economic Support Fund´´ in Public Law 110-252, may be reprogrammed for assistance for Georgia:

Provided further, That of the funds appropriated under this heading, not less than $100,000,000 shall be made available for hurricane relief and reconstruction assistance for Haiti and other Caribbean countries:

Provided further, That funds appropriated under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

CHAPTER 2 — AGRICULTURE

Sec. 20201. Bill Emerson Humanitarian Trust

There is hereby appropriated to the Secretary of Agriculture $100,000,000, to remain available until expended, to carry out the Bill Emerson Humanitarian Trust, as authorized by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).

TITLE III — GENERAL PROVISIONS

Sec. 30001. Short Title

This division may be cited as the ``Disaster Relief and Recovery Supplemental Appropriations Act, 2008´´.

Sec. 30002. Emergency Designation

Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.

Sec. 30003. Coordination of Provisions

Unless otherwise expressly provided, each amount in this Act is a supplemental appropriation for fiscal year 2008 or, if enacted after September 30, 2008, for fiscal year 2009.