[109th Congress Public Law 62]
[From the U.S. Government Printing Office]
[DOCID: f:publ062.109]
[[Page 1989]]
SECOND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT TO MEET IMMEDIATE NEEDS
ARISING FROM THE CONSEQUENCES OF HURRICANE KATRINA, 2005
[[Page 119 STAT. 1990]]
Public Law 109-62
109th Congress
An Act
Making further emergency supplemental appropriations to meet immediate
needs arising from the consequences of Hurricane Katrina, for the fiscal
year ending September 30, 2005, and for other purposes. <<NOTE: Sept. 8,
2005 - [H.R. 3673]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Second Emergency
Supplemental Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2005, namely:
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For <<NOTE: Expiration date.>> an additional amount for ``Operation
and Maintenance, Defense-Wide'', $1,400,000,000 for emergency hurricane
expenses, to support costs of evacuation, emergency repairs, deployment
of personnel, and other costs resulting from immediate relief efforts,
to remain available until September 30, 2006: Provided, That the
Secretary of Defense may transfer these funds to appropriations for
military personnel, operation and maintenance, procurement, family
housing, Defense Health Program, and working capital funds: Provided
further, That not to exceed $6,000,000 may be transferred to ``Armed
Forces Retirement Home'' for emergency hurricane expenses: 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: <<NOTE: Deadline. Notification.>> Provided further, That
the Secretary of Defense shall, not more than 5 days after making
transfers from this appropriation, notify the Committees on
Appropriations in writing of any such transfer: Provided further, That
the amounts provided herein are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
[[Page 119 STAT. 1991]]
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
emergency expenses for repair of storm damage to authorized projects in
the Gulf states affected by Hurricane Katrina, $200,000,000, to remain
available until expended: <<NOTE: Reports. Deadline.>> Provided, That
the Chief of Engineers, acting through the Assistant Secretary of the
Army for Civil Works, shall provide, at a minimum, a weekly report to
the Committees on Appropriations detailing the allocation and obligation
of these funds, beginning not later than September 15, 2005: Provided
further, That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood Control Act of
August 16, 1941 (33 U.S.C. 701), for emergency expenses for repair of
damage to flood control and hurricane shore protection projects in the
Gulf states caused by Hurricane Katrina, $200,000,000, to remain
available until expended: <<NOTE: Reports. Deadline.>> Provided, That
the Chief of Engineers, acting through the Assistant Secretary of the
Army for Civil Works, shall provide, at a minimum, a weekly report to
the Committees on Appropriations detailing the allocation and obligation
of these funds, beginning not later than September 15, 2005: Provided
further, That the amount provided herein is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).
DEPARTMENT OF HOMELAND SECURITY
EMERGENCY PREPAREDNESS AND RESPONSE
Disaster Relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'', $50,000,000,000,
to remain available until expended: Provided, That up to $100,000,000
may be transferred to and merged with ``Emergency Preparedness and
Response, Public Health Programs'' for the National Disaster Medical
System to support medical care as authorized by the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (42
U.S.C. 300hh-11): Provided further, That $15,000,000 shall be
transferred to and merged with ``Departmental Management and Operations,
Office of Inspector General'' for necessary expenses of the Office of
Inspector General for audits and investigations as authorized by law for
Hurricane Katrina response and
recovery <<NOTE: Reports. Deadline.>> activities: Provided further, That
the Secretary of Homeland Security shall provide, at a minimum, a weekly
report to the Committees on Appropriations detailing the allocation and
obligation of these funds,
[[Page 119 STAT. 1992]]
beginning not later than September 15, 2005: Provided further, That the
amounts provided herein are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
GENERAL PROVISION
Sec. 101. For procurements of property or services determined by the
head of an executive agency to be used in support of Hurricane Katrina
rescue and relief operations--
(1) the emergency procurement authority in subsection 32A(c)
of the Office of Federal Procurement Policy Act (41 U.S.C.
428a(c)) may be used; and
(2) the amount specified in subsections (c), (d), and (f) of
section 32 of the Office of Federal Procurement Policy Act (41
U.S.C. 428) shall be $250,000.
This Act may be cited as the ``Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the Consequences
of Hurricane Katrina, 2005''.
Approved September 8, 2005.
LEGISLATIVE HISTORY--H.R. 3673:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 8, considered and passed House and Senate.
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