§ 5203. Excess disaster assistance payments as budgetary emergency requirements

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1991

   Pub. L. 102–229 title I · 105 Stat. 1701

   Enacted · 42 U.S.C. § 5203

   (Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1711.)

   Source evidence

   Code source credit
   (Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1711.)

   Enacted provision · exact public law
   TITLE I— EMERGENCY SUPPLEMENTAL APPROPRIATIONS CHAPTER I DEPARTMENT OF DEFENSE—MILITARY Operation Desert Shield/Desert Storm (transfer of additional funds) For additional incremental costs of the Department of Defense, the Department of Veterans Affairs, and the Department of Transportation associated with operations in and around the Persian Gulf as part of operations currently known as Operation Desert Shield (including Operation Desert Storm) and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), in addition to the amounts that may be transferred to appropriations available to the Department of Defense and other Departments pursuant to that Act, not to exceed $3,968,500,000 may be transferred during fiscal year 1992 from either the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund, to the following accounts in not to exceed the following amounts: Operation and Maintenance (transfer of funds) Operation and Maintenance, Army For an additional amount for “Operation and maintenance, Army”, $227,300,000. Operation and Maintenance, Navy For an additional amount for “Operation and maintenance, Navy”, $270,000,000. Operation and Maintenance, Marine Corps For an additional amount for “Operation and maintenance, Marine Corps”, $75,000,000. Operation and Maintenance, Army Reserve For an additional amount for “Operation and maintenance, Army Reserve”, $23,200,000. Operation and Maintenance, Navy Reserve For an additional amount for “Operation and maintenance, Navy Reserve”, $28,300,000. Operation and Maintenance, Army National Guard For an additional amount for “Operation and maintenance, Army National Guard”, $41,900,000. PROCUREMENT (transfer of funds) Aircraft Procurement, Army For an additional amount for “Aircraft procurement, Army”, $270,800,000, to remain available for obligation until September 30, 1994. Missile Procurement, Army For an additional amount for “Missile procurement. Army”, $21,800,000, to remain available for obligation until September 30, 1994. Procurement of Weapons and Tracked Combat Vehicles, Army For an additional amount for “Procurement of weapons and tracked combat vehicles. Army”, $63,000,000, to remain available for obligation until September 30, 1994. Other Procurement, Army For an additional amount for “Other procurement. Army”, $80,500,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Navy For an additional amount for “Aircraft procurement. Navy”, $521,000,000, to remain available for obligation until September 30, 1994. Weapons Procurement, Navy For an additional amount for “Weapons procurement. Navy”, $8,100,000, to remain available for obligation until September 30, 1994. Other Procurement, Navy For an additional amount for “Other procurement. Navy”, $112,700,000, to remain available for obligation until September 30, 1994. Procurement, Marine Corps For an additional amount for “Procurement, Marine Corps”, $4,300,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Air Force For an additional amount for “Aircraft procurement. Air Force”, $309,500,000, to remain available for obligation until September 30, 1994. Other Procurement, Air Force For an additional amount for “Other procurement, Air Force”, $560,000,000, to remain available for obligation until September 30, 1994. Procurement, Defense Agencies For an additional amount for “Procurement, Defense Agencies”, $76,900,000, to remain available for obligation until September 30, 1994. Research, Development, Test And Evaluation (TRANSFER OF FUNDS) Research, Development, Test and Evaluation, Army For an additional amount for “Research, development, test and evaluation. Army”, $47,800,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Navy For an additional amount for “Research, development, test and evaluation. Navy”, $6,100,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Air Force For an additional amount for “Research, development, test and evaluation. Air Force”, $24,300,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Defense Agencies For an additional amount for “Research, development, test and evaluation. Defense Agencies”, $28,100,000, to remain available for obligation until September 30, 1993, Defense Business Operations Fund (transfer of funds) For an additional amount for “Defense business operations fund”, $1,140,000,000. DEPARTMENT OF TRANSPORTATION (transfer of funds) Coast Guard operating expenses For an additional amount for “Operating expenses”, $17,900,000, to remain available for obligation until expended. DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION Medical Care (transfer of funds) For an additional amount for “Medical care”, $10,000,000. DEPARTMENT OF DEFENSE—MILITARY (transfer of existing funds) For the purpose of adjusting amounts which may be transferred pursuant to the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28) and under the terms and conditions of that Act, during the fiscal year 1992, the Secretary of Defense may make adjustments to the amounts provided for transfer by such Act in amounts not to exceed $6,282,400,000 and provide for the transfer of such amounts to the following accounts in not to exceed the following amounts to be available to the Department of Defense during fiscal year 1992: Provided, That the Secretary of Defense shall provide prior notification to the Committees on Appropriations of the House of Representatives and the Senate indicating the accounts from which the funds will be derived for such transfers: MILITARY PERSONNEL (transfer of funds) Military Personnel, Army To be derived by transfer, $685,000,000 for “Military personnel, Army”. Military Personnel, Navy To be derived by transfer, $70,000,000 for “Military personnel, Navy”. Military Personnel, Marine Corps To be derived by transfer, $18,000,000 for “Military personnel, Marine Corps”. Military Personnel, Air Force To be derived by transfer, $81,000,000 for “Military personnel, Air Force”. Reserve Personnel, Army To be derived by transfer, $80,000,000 for “Reserve personnel, Army”. Reserve Personnel, Air Force To be derived by transfer, $4,000,000 for “Reserve personnel, Air Force”. National Guard Personnel, Army To be derived by transfer, $10,000,000 for “National Guard personnel, Army”. National Guard Personnel, Air Force To be derived by transfer, $3,000,000 for “National Guard personnel. Air Force”. OPERATION AND MAINTENANCE (transfer of funds) Operation and Maintenance, Army To be derived by transfer, $2,717,500,000 for “Operation and maintenance, Army”. Operation and Maintenance, Navy To be derived by transfer, $1,080,000,000 for “Operation and maintenance, Navy”. Operation and Maintenance, Marine Corps To be derived by transfer, $165,000,000 for “Operation and maintenance, Marine Corps”. Operation and Maintenance, Air Force To be derived by transfer, $1,241,400,000 for “Operation and maintenance, Air Force”. Operation and Maintenance, Army Reserve To be derived by transfer, $6,000,000 for “Operation and maintenance, Army Reserve”. Operation and Maintenance, Air Force Reserve To be derived by transfer, $59,200,000 for “Operation and maintenance, Air Force Reserve”. Operation and Maintenance, Army National Guard To be derived by transfer, $3,600,000 for “Operation and maintenance, Army National Guard”. Operation and Maintenance, Air National Guard To be derived by transfer, $58,700,000 for “Operation and maintenance, Air National Guard”. GENERAL PROVISIONS—CHAPTER I Sec. 101. The prohibition in section 132(a)(2) of Public Law 101–189 (103 Stat. 1383) does not apply to the obligation of $70,200,000 provided in “Aircraft procurement, Army” of chapter I, title I for the procurement of AH-64 Apache attack helicopters. Sec. 102. Of the funds provided in title III of Public Law 101–165 for “Other procurement, Air Force”, not more than $80,000,000 shall be available, and may be obligated and expended, for costs arising from the cancellation of the Alaskan OTH-B radar program and powerplant lease: Provided, That such funds will be available for contract termination, site restoration, modification of facilities and other costs associated with the termination of the Alaskan OTH-B radar program and powerplant lease, or the transfer and modification of facilities and material located at or procured for the Alaskan OTH-B radar program or powerplant to any other Department of Defense activity or program at the OTH-B radar powerplant site. Kurdish Protection Force (transfer of funds) Sec. 103. In addition to other transfer authority granted by this or any other Act, and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), the Secretary of Defense may transfer not to exceed $100,000,000 for costs incurred during fiscal years 1991 and 1992 from the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund to appropriate Department of Defense appropriations for costs incurred through February 1992 in support of United States military forces in and around Iraq and Turkey known as the Kurdish Protection or Ready Reaction Force. Restriction on Arms Sales to Saudi Arabia and Kuwait Sec. 104. (a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm: (1) In the case of Saudi Arabia, $16,839,000,000. (2) In the case of Kuwait, $16,006,000,000. (b) For purposes of this section, the term “any sale” means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act on or after the effective date of this section. (c) This section shall take effect 120 days after the date of enactment of this joint resolution. (d) Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of “conventional armaments and equipment limited by the Treaty”, which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of Public Law 101–513 and in section 634A of the Foreign Assistance Act of 1961. Middle East Humanitarian Relief Sec. 105. (a) Of the funds appropriated from the Defense Cooperation Account for the Kurdish Ready Reaction Force, up to $15,000,000 may be made available only for the prepositioning of relief supplies in the Middle East to meet emergency Kurdish and other Iraqi-related humanitarian needs and related transportation costs. (b) In addition, the Secretary of Defense may transfer up to $15,000,000 in additional funds from the Defense Cooperation Account to the appropriate appropriations accounts within the Department of Defense for these Kurdish and other Iraqi-related humanitarian purposes. Classified Program Sec. 106. (a) In section 110 of the Classified Annex incorporated into the Department of Defense Appropriations Act, 1992, the matter beginning with “Notwithstanding” and ending with “Provided, That” shall have no force or effect. (b) The funds described in section 110 of such Classified Annex may be obligated for the program described therein only in accordance with the Classified Annex incorporated into the National Defense Authorization Act for Fiscal Years 1992 and 1993. Sec. 107. None of the funds available to the Department of Defense in fiscal year 1992 may be used by the Department of the Army to award a contract for the procurement of four-ton dolly jacks if such equipment is or would be manufactured outside the United States of America and would be procured under any contract, agreement, arrangement, compact or other such instrument for which any provisions including price differential provisions of the Buy American Act of 1933, as amended, or any other Federal buy national law was waived: Provided, That the Secretary of the Army may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. (transfer of funds) Sec. 108. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 for operation and maintenance or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $400,000,000, to the appropriate accounts within the Department of Defense for reducing the Soviet nuclear threat and for the purposes set forth in the Soviet Nuclear Threat Reduction Act of 1991 contained in H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such Act: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds. (transfer of funds) Sec. 109. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense, upon the declaration of an emergency by the President under the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $100,000,000, to the appropriate accounts within the Department of Defense, in order to transport by military or commercial means, food, medical supplies, and other types of humanitarian assistance to the Soviet Union, or its Republics, or localities therein—with the consent of the relevant Republic government or its independent successor—in order to address emergency conditions which may arise therein, and for the purposes set forth in section 301 of H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such section 301 of H.R. 3807: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds: Provided further. That the Committees on Appropriations be notified of transfers under this provision fifteen days in advance. CHAPTER II DEPARTMENT OF VETERANS AFFAIRS Administrative Provision Section 518(a) of the “General Provisions” in H.R. 2519, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, is amended by striking out “Section 662A(c)” and inserting in lieu thereof “Section 1722A(c)”. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Administrative Provision—Home Section 217(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(a)) is amended— (1) in the first sentence of paragraph (1), by inserting “and after reserving amounts for the insular areas under paragraph (3)” before the first comma; and (2) by adding at the end the following new paragraph: “(3) Insular Areas.— For each fiscal year, of any amounts approved in appropriations Acts to carry out this title, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.5 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”. Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended— (1) in paragraph (1), by striking “Guam” and all that follows through “American Samoa,”; and (2) by adding at the end the following new paragraph: “(24) The term ‘insular area’ means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.”. Administrative Provision—Staffing The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (H.R. 2519), is amended— (1) in the appropriating paragraph entitled “Personal Services and Travel, Office of Public and Indian Housing” by striking “$10,424,000” and inserting in lieu thereof “$12,788,000” each time it appears in the paragraph; (2) in the appropriating paragraph entitled “Personal Services and Travel, Office of Policy Development and Research” by striking “$10,705,000” and inserting in lieu thereof “$8,717,000” each time it appears in the paragraph; and (3) in the appropriating paragraph entitled “Personal Services and Travel, Office of General Counsel” by striking “$14,985,000” and inserting in lieu thereof “$14,609,000” each time it appears in the paragraph. INDEPENDENT AGENCIES Court of Veterans Appeals salaries and expenses Of the funds made available under this head in Public Law 102–139, not to exceed $950,000, to remain available until September 30, 1993, shall be available for the purpose of providing financial assistance (through grant or contract made, to the maximum extent feasible, not later than 150 days after enactment of this Act) to facilitate the furnishing of legal and other assistance, without charge, to veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7252(a) of title 38, United States Code, may apply, or with other proceedings in the Court, through a program that furnishes case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to such persons: Provided, That such grants or contracts shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the United States Court of Veterans Appeals for the purposes described herein: Provided further, That the Legal Services Corporation is authorized to receive a reimbursable payment from the United States Court of Veterans Appeals for the purpose of providing the financial assistance described herein: Provided further, That no funds made available herein shall be used for the payment of attorney fees: Provided further, That, not later than 180 days after the enactment of this Act, and, again, not later than one year after a grant or contract is made pursuant to the provisions of this paragraph, the Legal Services Corporation and the United States Court of Veterans Appeals shall report to the appropriate committees of the Congress regarding the implementation of the provisions of this paragraph. Environmental Protection Agency administrative provision Of the funds appropriated for the wastewater treatment facilities fund under title VI of the Federal Water Pollution Control Act, up to one-half of one per centum may be made available by the Administrator for direct grants to Indian tribes for construction of wastewater treatment facilities. FEDERAL EMERGENCY MANAGEMENT AGENCY Disaster Relief (including transfer of funds) For emergency disaster assistance payments necessary to provide for expenses in presidentially-declared disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an additional amount for “Disaster relief”, $943,000,000, to remain available until expended, of which $143,000,000 shall be available only after submission to the Congress of a formal budget request by the President designating the $143,000,000 as an emergency: Provided, That up to $1,250,000 of the funds made available under this heading may be transferred to, and merged with, amounts made available to the Federal Emergency Management Agency under the heading “Salaries and expenses” in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139): Provided further, That hereafter, beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for disaster assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either the historical annual average obligation of $320,000,000, or the amount submitted in the President’s initial budget request, whichever is lower, shall be considered as “emergency requirements” pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and such amounts shall hereafter be so designated. National Aeronautics and Space Administration research and development The last proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101–144), is hereby deleted. National Commission on Severely Distressed Public Housing salaries and expenses (transfer of funds) For necessary expenses of the National Commission on Severely Distressed Public Housing, in carrying out its functions under title V of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235), $250,000, to remain available until expended, to be derived by transfer from amounts provided to the Department of Housing and Urban Development under the heading “Salaries and expenses” in Public Law 102–139.

0 of 1 references resolved to an enrolled provision · 1 partial