< Back to H.R. 3735 (103rd Congress, 1993–1994)

Text of the Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994

This bill was introduced on January 26, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 26, 1994 (Introduced).

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HR 3735 IH

103d CONGRESS

2d Session

H. R. 3735

Making emergency supplemental appropriations for disaster assistance because of the Los Angeles Earthquake for the fiscal year ending September 30, 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1994

Mr. NATCHER (for himself, Mr. WHITTEN, Mr. SMITH of Iowa, Mr. STOKES, Mr. BEVILL, Mr. DIXON, Mr. FAZIO, Mr. HEFNER, Mr. CARR of Michigan, Mr. DURBIN, Mr. LEWIS of California, Ms. PELOSI, Mr. TORRES, Mr. PACKARD, Mr. EDWARDS of California, Mr. MOORHEAD, Mr. BECERRA, Mr. BEILENSON, Mr. BERMAN, Mr. BROWN of California, Mr. CALVERT, Mr. DELLUMS, Mr. DREIER, Ms. ESHOO, Mr. FARR of California, Mr. FILNER, Mr. GALLEGLY, Mr. HAMBURG, Ms. HARMAN, Mr. HORN, Mr. KIM, Mr. LANTOS, Mr. MARTINEZ, Mr. MATSUI, Mr. MCKEON, Mr. MILLER of California, Mr. MINETA, Ms. ROYBAL-ALLARD, Ms. SCHENK, Mr. STARK, Mr. TUCKER, Ms. WATERS, Mr. WAXMAN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Appropriations


A BILL

Making emergency supplemental appropriations for disaster assistance because of the Los Angeles Earthquake for the fiscal year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for disaster assistance because of the Los Angeles Earthquake for the fiscal year ending September 30, 1994, and for other purposes, namely:

CHAPTER I

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES

RELATED AGENCY

Small Business Administration

DISASTER LOANS PROGRAM ACCOUNT

    For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters, $163,405,000, to remain available until expended, of which up to $35,000,000 may be transferred to and merged with the appropriations for ‘Salaries and expenses’ for associated administrative expenses: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CHAPTER II

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES

DEPARTMENT OF EDUCATION

IMPACT AID

    For carrying out disaster assistance activities resulting from the January 1994 earthquake in Southern California and other disasters as authorized under section 7 of Public Law 81-874, $165,000,000, to remain available through September 30, 1995: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

STUDENT FINANCIAL ASSISTANCE

    For an additional amount for ‘Student financial assistance’ for payment of awards made under title IV, part A, subpart 1 of the Higher Education Act of 1965, as amended, $80,000,000, to remain available through September 30, 1995: Provided, That notwithstanding sections 442(e) and 462(j) of such Act, the Secretary may reallocate, for use in award year 1994-1995 only, any excess funds returned to the Secretary of Education under the Federal Work-Study or Federal Perkins Loan programs from award year 1993-1994 to assist individuals who suffered financial harm from the January 1994 earthquake in Southern California and other disasters: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CHAPTER III

DEPARTMENT OF TRANSPORTATION AND

RELATED AGENCIES

FEDERAL HIGHWAY ADMINISTRATION

Federal-Aid Highways

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

    For the Emergency Fund authorized by 23 U.S.C. 125 to cover expenses arising from the January 1994 earthquake in Southern California and other disasters, $950,000,000; and in addition $400,000,000, which shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress, all to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the limitation on obligations per State in 23 U.S.C. 125(b) shall not apply to projects relating to such earthquake: Provided further, That notwithstanding 23 U.S.C. 120(e), the Federal share for any project on the Federal-aid highway system related to such earthquake shall be 100 percent for the costs incurred in the 180 day period beginning on the date of the earthquake: Provided further, That with regard to these funds, the Secretary and the Administrator of the Environmental Protection Agency may waive or modify any provision of any environmental statute or regulation if they jointly find that in their judgment (i) such waiver is required to facilitate the obligation and use of such funds, and (ii) such waiver would not be inconsistent with the overall purposes of applicable environmental laws.

CHAPTER IV

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL CARE

    For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California, $21,000,000, to remain available until expended, of which not to exceed $802,000 is available for transfer to General Operating Expenses, the Guaranty and Indemnity Program Account, and the Vocational Rehabilitation Loans Program Account: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Housing Programs

ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

    For an additional amount under this head for rental assistance under the section 8 existing housing certificate program (42 U.S.C. 1437f) and the housing voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), $150,000,000, to remain available until December 31, 1995: Provided, That these funds shall be used first to replenish amounts used from the headquarters reserve established pursuant by section 213(d)(4)(A) of the Housing and Community Development Act of 1974, as amended, for assistance to victims of the January 1994 earthquake in Southern California: Provided further, That any amounts remaining after the headquarters reserve has been replenished shall be available for additional assistance to victims of the earthquake referred to above: Provided further, That in administering these funds, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or any use by the recipient of these funds, except for the requirements relating to fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

FLEXIBLE SUBSIDY FUND

    For emergency assistance to owners of eligible multifamily housing projects damaged by the January 1994 earthquake in Southern California who are either insured or formerly insured under the National Housing Act, as amended, or otherwise eligible for assistance under section 201(c) of the Housing and Community Development Amendments of 1978, as amended (12 U.S.C. 1715z-1a), in the program of assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, as amended, $100,000,000, to remain available until September 30, 1995: Provided, That assistance to an owner of a multifamily housing project assisted, but not insured under the National Housing Act, may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development: Provided further, That assistance is for the repair of damage or the recovery of losses directly attributable to the Southern California earthquake of 1994: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

FHA--GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

    For higher mortgage limits and improved access to mortgage insurance for victims of the January 1994 earthquake in Southern California and other disasters, Title II of the National Housing Act, as amended, is further amended, as follows:

      (1) in section 203(h), by:

        (A) striking out ‘section 102(2) and 401 of the Disaster Relief and Emergency Assistance Act’ and inserting ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’; and

        (B) adding the following new sentence at the end thereof: ‘In any case in which the single family residence to be insured under this subsection is within a jurisdiction in which the President has declared a major disaster to have occurred, the Secretary is authorized, for a temporary period not to exceed 18 months from the date of such Presidential declaration, to enter into agreements to insure a mortgage which involves a principal obligation of up to 100 percent of the dollar limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for single family residence, and not in excess of 100 percent of the appraised value.’;

      (2) in section 203(k), by adding at the end thereof the following new paragraph:

      ‘(6) The Secretary is authorized, for a temporary period not to exceed 18 months from the date on which the President has declared a major disaster to have occurred, to enter into agreements to insure a rehabilitation loan under this subsection which involves a principal obligation of up to 100 percent of the dollar limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size, if such loan is secured by a structure and property that are within a jurisdiction in which the President has declared such disaster, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and if such loan otherwise conforms to the loan-to-value ratio and other requirements of this subsection,’; and

      (3) in section 234(c), by inserting after ‘203(b)(2)’ in the third sentence the phrase: ‘or pursuant to section 203(h) under the conditions described in section 203(h)’.

Community Planning and Development

COMMUNITY DEVELOPMENT GRANTS

    For an additional amount for ‘Community development grants’, as authorized under title I of the Housing and Community Development Act of 1974, for emergency expenses resulting from the January 1994 earthquake in Southern California, $250,000,000, to remain available until September 30, 1996 for all activities eligible under such title I except those activities reimbursable by the Federal Emergency Management Agency (FEMA) or available through the Small Business Administration (SBA): Provided, That from this amount, the Secretary may transfer up to $50,000,000 to the ‘HOME investment partnerships program’, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended (Public Law 101-625), to remain available until expended, as an additional amount for such emergency expenses for all activities eligible under such title II except activities reimbursable by FEMA or available through SBA: Provided further, That the receipients of amounts under this appropriation, including the foregoing transfer (if any), shall use such amounts first to replenish amounts previously obligated under their Community Development Block Grant or HOME programs, respectively, in connection with the Southern California earthquake of January 1994: 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 Secretary or any use by the recipient of these funds, except for statutory requirements relating to fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds, and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251 (b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

INDEPENDENT AGENCIES

Federal Emergency Management Agency

DISASTER RELIEF

    For an additional amount for ‘Disaster Relief’ for the January 1994 earthquake in Southern California and other disasters, $3,484,000,000 to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

    For an additional amount for ‘Emergency Management Planning and Assistance’, to carry out activities under the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et. seq.) $15,000,000, to remain available until expended, to study the January 1994 earthquake in Southern California in order to enhance seismic safety throughout the United States: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CHAPTER V

FUNDS APPROPRIATED TO THE PRESIDENT

Unanticipated Needs

    For an additional amount for emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters, $400,000,000, to remain available until expended: Provided, That these funds may be transferred to any authorized Federal governmental activity to meet the requirements of such disasters: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

CHAPTER VI

GENERAL PROVISIONS

    SEC. 601. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

(INCLUDING TRANSFER OF FUNDS)

    SEC. 602. Funds in the Federal Buildings Fund made available by Public Law 103-123 for fiscal year 1994 for Federal Buildings Fund activities may be transferred between authorized activities to the extent necessary to meet emergency expenses resulting from the January 1994 earthquake in Southern California and other disasters: Provided, That such amounts as may be transferred to repairs and alterations and design and construction services shall remain available until expended: Provided further, That no operating activity or capital project would be reduced by an amount greater than five percent.

    This Act may be cited as the ‘Emergency Supplemental Appropriations for Disaster Assistance Because of the Los Angeles Earthquake Act of 1994’.