[104th Congress Public Law 6]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ6.104]
[[Page 109 STAT. 73]]
Public Law 104-6
104th Congress
An Act
Making emergency supplemental appropriations and rescissions to preserve
and enhance the military readiness of the Department of Defense for the
fiscal year ending September 30, 1995, and for other
purposes. <<NOTE: Apr. 10, 1995 - [H.R. 889]>>
Be it enacted by the Senate and House of Representatives of
the <<NOTE: Emergency Supplemental Appropriations and Rescissions for
the Department of Defense to Preserve and Enhance Military Readiness Act
of 1995.>> 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 the Department of Defense to preserve and enhance military readiness
for the fiscal year ending September 30, 1995, and for other purposes,
namely:
TITLE I
CHAPTER I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army,''
$260,700,000: Provided, That such 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.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy,''
$183,100,000: Provided, That such 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.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps,''
$25,200,000: Provided, That such 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.
[[Page 109 STAT. 74]]
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force,''
$207,100,000: Provided, That such 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.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army,''
$6,500,000: Provided, That such 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.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy,''
$9,600,000: Provided, That such 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.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps,''
$1,300,000: Provided, That such 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.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force,''
$2,800,000: Provided, That such 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.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army,''
$11,000,000: Provided, That such 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.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force,'' $5,000,000: Provided, That such 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.
[[Page 109 STAT. 75]]
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army,''
$936,600,000: Provided, That such 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.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy,''
$423,700,000: Provided, That such 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps,'' $33,500,000: Provided, That such 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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force,'' $852,500,000: Provided, That such 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.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide,'' $46,200,000: Provided, That such 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.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve,'' $15,400,000: Provided, That such 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.
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army,''
$8,300,000, to remain available until September 30, 1997: Provided, That
such 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.
[[Page 109 STAT. 76]]
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program,''
$13,200,000: Provided, That such 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
RESCINDING CERTAIN BUDGET AUTHORITY
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $2,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $2,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $68,800,000 are rescinded.
Operation and Maintenance, Army National Guard
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $15,400,000 are rescinded.
Operation and Maintenance, Army Reserve
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $6,200,000 are rescinded.
Environmental Restoration, Defense
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $300,000,000 are rescinded.
[[Page 109 STAT. 77]]
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $20,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $34,411,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public Law 102-
396, $85,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $55,900,000 are rescinded.
Other Procurement, Army
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $32,100,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions and transfer)
Of the funds made available under this heading in Public Law 102-
396, $100,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $27,500,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $23,500,000 are hereby transferred and made available for
obligation to Operation and Maintenance, Air Force.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 102-
396, $33,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
139, $99,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $89,500,000 are rescinded.
Other Procurement, Air Force
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $6,100,000 are rescinded.
[[Page 109 STAT. 78]]
Procurement, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $32,000,000 are rescinded.
National Guard and Reserve Equipment
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $30,000,000 are rescinded.
Defense Production Act Purchases
(rescission)
Of the funds made available under this heading in Public Law 103-
139, $100,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
139, $5,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $43,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $68,800,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
139, $49,600,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $191,200,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 103-
139, $77,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
335, $436,445,000 are rescinded.
[[Page 109 STAT. 79]]
RELATED AGENCIES
National Security Education Trust Fund
(rescission)
Of the funds made available under this heading in Public Law 102-
172, $75,000,000 are rescinded.
CHAPTER III
GENERAL PROVISIONS
Sec. 101. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 102. Notwithstanding sections 607 and 630 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2357, 2390) and sections 2608 and
2350j of title 10, United States Code, all funds received by the United
States as reimbursement for expenses for which funds are provided in
this Act shall be deposited in the Treasury as miscellaneous receipts.
Sec. 103. During the current fiscal year, appropriations available
to the Department of Defense for the pay of civilian personnel may be
used, without regard to the time limitations specified in section
5523(a) of title 5, United States Code, for payments under the
provisions of section 5523 of title 5, United States Code, in the case
of employees, or an employee's dependents or immediate family, evacuated
from Guantanamo Bay, Cuba, pursuant to the August 26, 1994 order of the
Secretary of Defense. <<NOTE: Effective date.>> This section shall take
effect as of March 5, 1995, and shall apply with respect to any payment
made on or after that date.
(including transfer of funds)
Sec. 104. In addition to amounts appropriated or otherwise made
available by this Act, $28,297,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard to cover the incremental operating costs
associated with Operations Able Manner, Able Vigil, Restore Democracy,
and Support Democracy: Provided, That such 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.
Sec. 105. (a) Section 8106A of the Department of Defense
Appropriations Act, 1995 <<NOTE: 10 USC 1174a note.>> (Public Law 103-
335), is amended by striking out the last proviso and inserting in lieu
thereof the following: ``: Provided further, That if, after September
30, 1994, a member of the Armed Forces (other than the Coast Guard) is
approved for release from active duty or full-time National Guard duty
and that person subsequently becomes employed in a position of civilian
employment in the Department of Defense within 180 days after the
release from active duty or full-time National Guard duty, then that
person is prohibited from receiving payments under a Special Separation
Benefits program (under section 1174a of title 10, United States Code)
or a Voluntary Separation Incentive program (under section 1175 of title
10, United States Code) by reason of the release from active duty or
full-time National Guard duty,
[[Page 109 STAT. 80]]
and the person shall reimburse the United States the total amount, if
any, paid such person under the program before the employment begins''.
(b) Appropriations available to the Department of Defense for fiscal
year 1995 may be obligated for making payments under sections 1174a and
1175 of title 10, United States Code.
(c) <<NOTE: Effective date. 10 USC 1174a note.>> The amendment made
by subsection (a) shall be effective as of September 30, 1994.
Sec. 106. (a) Subsection 8054(g) of the Department of Defense
Appropriations <<NOTE: 108 Stat. 2630.>> Act, 1995 (Public Law 103-335),
is amended to read as follows: ``Notwithstanding any other provisions of
law, of the amounts available to the Department of Defense during fiscal
year 1995, not more than $1,252,650,000 may be obligated for financing
activities of defense FFRDCs: Provided, That, in addition to any other
reductions required by this section, the total amounts appropriated in
titles II, III, and IV of this Act are hereby reduced by $250,000,000 to
reflect the funding ceiling contained in this subsection and to reflect
further reductions in amounts available to the Department of Defense to
finance activities carried out by defense FFRDCs and other entities
providing consulting services, studies and analyses, systems engineering
and technical assistance, and technical, engineering and management
support.''.
(b) Subsection 8054(h) of the Department of Defense Appropriations
Act, 1995 <<NOTE: Supra.>> (Public Law 103-335), is amended to read as
follows: ``The total amounts appropriated to or for the use of the
Department of Defense in titles II, III, and IV of this Act are reduced
by an additional $251,534,000 to reflect savings from the decreased use
of non-FFRDC consulting services by the Department of Defense.''.
<<NOTE: Reports.>> (c) Not later than 60 days after enactment of
this Act, the Under Secretary of Defense (Comptroller) shall report to
the Committees on Appropriations of the Senate and the House of
Representatives as to the total, separate amounts of appropriations
provided, by title and by appropriations account, in titles II, III, and
IV of the Department of Defense Appropriations Act, 1995 (Public Law
103-335), as amended.
<<NOTE: President. Reports.>> Sec. 107. Within sixty days of the
enactment of this Act, the President shall submit to Congress a report
which shall include the following:
(a) A detailed description of the estimated cumulative
incremental cost of all United States activities subsequent to
September 30, 1993, in and around Haiti, including but not
limited to--
(1) the cost of all deployments of United States
Armed Forces and Coast Guard personnel, training,
exercises, mobilization, and preparation activities,
including the preparation of police and military units
of the other nations of the multinational force involved
in enforcement of sanctions, limits on migration,
establishment and maintenance of migrant facilities at
Guantanamo Bay and elsewhere, and all other activities
relating to operations in and around Haiti; and
(2) the costs of all other activities relating to
United States policy toward Haiti, including
humanitarian and development assistance, reconstruction,
balance of payments and economic support, assistance
provided to reduce or eliminate all arrearages owed to
International Financial
[[Page 109 STAT. 81]]
Institutions, all rescheduling or forgiveness of United
States bilateral and multilateral debt, aid and other
financial assistance, all in-kind contributions, and all
other costs to the United States Government.
(b) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (a),
including--
(1) in the case of funds expended from the
Department of Defense budget, a breakdown by military
service or defense agency, line item, and program; and
(2) in the case of funds expended from the budgets
of departments and agencies other than the Department of
Defense, by department or agency and program.
Sec. 108. None of the funds appropriated to the Department of
Defense for the Technology Reinvestment Program under Public Law 103-335
shall be obligated for any new projects for which a selection has not
been made until the Under Secretary of Defense for Acquisition and
Technology certifies to the Congress that military officers and civilian
employees of the military departments constitute a majority of the
membership on each review panel at every proposal evaluation step for
the Technology Reinvestment Program: <<NOTE: Reports.>> Provided, That
the Under Secretary of Defense for Acquisition and Technology shall
submit to the Congress a report describing each new Technology
Reinvestment Program project or award and the military needs which the
project addresses.
Sec. 109. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended for assistance to or programs
in the Democratic People's Republic of Korea, or for implementation of
the October 21, 1994, Agreed Framework between the United States and the
Democratic People's Republic of Korea, unless specifically appropriated
for that purpose.
Sec. 110. During the current fiscal year, none of the funds
available to the Department of Defense for emergency and extraordinary
expenses may be obligated or expended in an amount of $1,000,000 or more
for any single transaction without prior notification to the Committees
on Appropriations of the Senate and House of Representatives, the Senate
Armed Services Committee, and the House National Security Committee.
Sec. 111. (a) Notwithstanding any other provision of law, no funds
appropriated by this Act, or otherwise appropriated or made available by
any other Act, may be utilized for purposes of entering into the
agreement described in subsection (b) until the President certifies to
Congress that--
(1) Russia has agreed not to sell nuclear reactor components
to Iran; or
(2) the issue of the sale by Russia of such components to
Iran has been resolved in a manner that is consistent with--
(A) the national security objectives of the United
States; and
(B) the concerns of the United States with respect
to nonproliferation in the Middle East.
(b) <<NOTE: International agreements.>> The agreement referred to
in subsection (a) is an agreement known as the Agreement on the Exchange
of Equipment, Technology, and Materials between the United States
Government and the Government of the Russian Federation, or any
department or agency of that government (including the Russian Ministry
of Atomic Energy), that the United States Government proposes to
[[Page 109 STAT. 82]]
enter into under section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153).
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Sec. 112. <<NOTE: 10 USC 2687 note.>> None of the funds made
available to the Department of Defense for any fiscal year for military
construction or family housing may be obligated to initiate construction
projects upon enactment of this Act for any project on an installation
that--
(1) was included in the closure and realignment
recommendations submitted by the Secretary of Defense to the
Base Closure and Realignment Commission on February 28, 1995,
unless removed by the Base Closure and Realignment Commission,
or
(2) is included in the closure and realignment
recommendation as submitted to Congress in 1995 in accordance
with the Defense Base Closure and Realignment Act of 1990, as
amended (Public Law 101-510):
Provided, That the prohibition on obligation of funds for projects
located on an installation cited for realignment are only to be in
effect if the function or activity with which the project is associated
will be transferred from the installation as a result of the
realignment: Provided further, That this provision will remain in effect
unless the Congress enacts a Joint Resolution of Disapproval in
accordance with the Defense Base Closure and Realignment Act of 1990, as
amended (Public Law 101-510).
(rescissions)
Sec. 113. Of the funds appropriated under Public Law 103-307, the
following funds are hereby rescinded from the following accounts in the
specified amounts:
Military Construction, Army, $3,500,000;
Military Construction, Navy, $3,500,000;
Military Construction, Air Force, $3,500,000;
North Atlantic Treaty Organization Infrastructure,
$33,000,000;
Base Realignment and Closure Account, Part III, $32,000,000.
Of the funds appropriated under Public Law 102-136, the following
funds are hereby rescinded from the following account in the specified
amount:
Military Construction, Naval Reserve, $25,100,000.
Sec. 114. The Secretary of Defense shall not allocate a rescission
to any military installation that the Secretary recommends for closure
or realignment in 1995 under section 2903(c) of the Defense Base Closure
and Realignment Act of 1990 (subtitle A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) in an amount in excess of the proportionate
share for each installation for the current fiscal year of the funds
rescinded from ``Environmental Restoration, Defense'' by this Act.
Sec. 115. Funds in the amount of $76,900,000 received during fiscal
years 1994 and 1995 by the Department of the Air Force pursuant to the
``Memorandum of Agreement between the National Aeronautics and Space
Administration and the United States Air Force on Titan IV/Centaur
Launch Support for the Cassini Mission,'' signed September 8, 1994, and
September 23, 1994, and Attachments A, B, and C to that Memorandum,
shall be merged with
[[Page 109 STAT. 83]]
appropriations available for research, development, test and evaluation
and procurement for fiscal years 1994 and 1995, and shall be available
for the same time period as the appropriation with which merged, and
shall be available for obligation only for those Titan IV vehicles and
Titan IV-related activities under contract as of the date of enactment
of this Act.
Sec. 116. Section 8025 of the Department of Defense Appropriations
Act, 1995 <<NOTE: 108 Stat. 2622.>> (Public Law 103-335), is amended by
striking out the amount ``$203,736,000'' and inserting in lieu thereof
``$170,036,000''.
Sec. 117. In addition to the rescissions made elsewhere in this Act,
on September 15, 1995, $100,000,000 shall be rescinded from
appropriations under title III of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396).
CHAPTER IV
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
FEDERAL RAILROAD ADMINISTRATION
Grants to the National Railroad Passenger Corporation
For an additional amount to enable the Secretary of Transportation
to make a grant to the National Railroad Passenger Corporation,
$21,500,000 is hereby appropriated which shall be available until
expended for capital improvements associated with safety-related
emergency repairs at the existing Pennsylvania Station in New York City:
Provided, That none of the funds herein appropriated shall be used for
the redevelopment of the James A. Farley Post Office Building in New
York City as a train station and commercial center: Provided further,
That the $21,500,000 shall be considered part of the Federal cost share
for the redevelopment of the James A. Farley Post Office Building, if
authorized.
TITLE II
RESCISSIONS
The following rescissions of budget authority are made, namely:
CHAPTER I
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the amounts made available under this heading in Public Law 103-
317, $45,000,000 are rescinded.
[[Page 109 STAT. 84]]
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the amounts made available under this heading in Public Law 103-
317 for the Advanced Technology Program, $90,000,000 are rescinded.
National Telecommunications and Information Administration
information infrastructure grants
(rescission)
Of the amounts made available under this heading in Public Law 103-
317, $15,000,000 are rescinded.
RELATED AGENCIES
Small Business Administration
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-317
for tree-planting grants pursuant to section 24 of the Small Business
Act, as amended, $15,000,000 are rescinded.
Legal Services Corporation
payment to the legal services corporation
(rescission)
Of the funds made available under this heading in Public Law 103-317
for payment to the Legal Services Corporation to carry out the purposes
of the Legal Services Corporation Act of 1974, as amended, $15,000,000
are rescinded.
CHAPTER II
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
Defense Environmental Restoration and Waste Management
(rescission)
Of the amounts made available under this heading in Public Law 103-
316 and prior years' Energy and Water Development Appropriations Acts,
$200,000,000 are rescinded.
[[Page 109 STAT. 85]]
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
Of the funds appropriated in Public Law 103-316, $3,000,000 is
hereby authorized for appropriation to the Corps of Engineers to
initiate and complete remedial measures to prevent slope instability at
Hickman Bluff, Kentucky.
CHAPTER III
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES
MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
contribution to the international development association
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $60,000,000 are rescinded.
contribution to the african development fund
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $62,014,000 are rescinded.
BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
Agency for International Development
development assistance fund
(rescission)
Of the funds made available under this heading in Public Law 103-306
and prior appropriations Acts, $12,500,000 are rescinded.
assistance for the new independent states of the former soviet union
(rescission)
Of the funds made available under this heading in Public Law 103-87
and Public Law 103-306, $7,500,000 are rescinded.
[[Page 109 STAT. 86]]
Of the funds made available under this heading in Public Law 103-87
for support of an officer resettlement program in Russia as described in
section 560(a)(5), $15,000,000 shall be allocated to other economic
assistance and for related programs for the New Independent States of
the Former Soviet Union notwithstanding the allocations provided in
section 560 of said Act: Provided, That such funds shall not be
available for assistance to Russia.
CHAPTER IV
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1996, $50,000,000 are rescinded and of the funds made
available under this heading for obligation in fiscal year 1997,
$150,000,000 are rescinded: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing project
regardless of the separate request for proposal under which the project
was selected.
DEPARTMENT OF THE INTERIOR
united states fish and wildlife service
resource management
(rescission)
Of the funds made available under this heading in Public Law 103-
332--
(1) $1,500,000 are rescinded from the amounts available for
making determinations whether a species is a threatened or
endangered species and whether habitat is critical habitat under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(2) none of the remaining funds appropriated under that
heading may be made available for making a final determination
that a species is threatened or endangered or that habitat
constitutes critical habitat (except a final determination that
a species previously determined to be endangered is no longer
endangered but continues to be threatened).
To the extent that the Endangered Species Act of 1973 has been
interpreted or applied in any court order (including an order approving
a settlement between the parties to a civil action) to require the
making of a determination respecting any number of species or habitats
by a date certain, that Act shall not be applied to require that the
determination be made by that date if the making of the determination is
made impracticable by the rescission made by the preceding sentence.
[[Page 109 STAT. 87]]
CHAPTER V
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(rescission)
Of the funds made available under this heading in Public Law 103-333
for carrying out title II, part C of the Job Training Partnership Act,
$200,000,000 are rescinded.
DEPARTMENT OF EDUCATION
school improvement programs
(rescission)
Of the funds made available under this heading in Public Law 103-333
for new education infrastructure improvement grants, $65,000,000 are
rescinded.
student financial assistance
(rescission)
Of the funds made available under this heading in Public Law 103-
112, $35,000,000 made available for title IV, part A, subpart 1 of the
Higher Education Act are rescinded.
CHAPTER VI
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
facilities and equipment
(airport and airway trust fund)
(rescission)
Of the available balances under this heading that remain unobligated
for the ``advanced automation system'', $35,000,000 are rescinded.
[[Page 109 STAT. 88]]
FEDERAL HIGHWAY ADMINISTRATION
miscellaneous highway demonstration projects
(highway trust fund)
(rescission)
Of the available appropriated balances provided in Public Law 93-87;
Public Law 98-8; Public Law 98-473; and Public Law 100-71, $12,004,450
are rescinded.
FEDERAL RAILROAD ADMINISTRATION
Local Rail Freight Assistance
(rescission)
Of the available balances under this heading, $6,563,000 are
rescinded.
Pennsylvania Station Redevelopment Project
(rescission)
Of the funds made available under this heading in Public Law 103-
331, $40,000,000 are rescinded.
CHAPTER VII
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
INDEPENDENT AGENCIES
Environmental Protection Agency
administrative provision
<<NOTE: California. Air pollution control.>> The Congress finds that
the 1990 amendments to the Clean Air Act (Public Law 101-549) superseded
prior requirements of the Clean Air Act regarding the demonstration of
attainment of national ambient air quality standards for the South
Coast, Ventura, and Sacramento areas of California and thus eliminated
the obligation of the Administrator of the Environmental Protection
Agency to promulgate a Federal implementation plan under section 110(e)
of the Clean Air Act for those areas. Upon the enactment of this Act,
any Federal implementation plan that has been promulgated by the
Administrator of the Environmental Protection Agency under the Clean Air
Act for the South Coast, Ventura, or Sacramento areas of California
pursuant to a court order or settlement shall be rescinded and shall
have no further force and effect.
National Aeronautics and Space Administration
national aeronautical facilities
Public Law 103-327 is amended in the paragraph under this heading by
striking <<NOTE: 108 Stat. 2326.>> ``March 31, 1997'' and all that
follows, and inserting in lieu thereof: ``September 30, 1997: Provided,
That not
[[Page 109 STAT. 89]]
to exceed $35,000,000 shall be available for obligation prior to October
1, 1996.''.
TITLE III--MISCELLANEOUS
<<NOTE: Maritime affairs. L.R. BEATTIE.>> Sec. 301. Notwithstanding
sections 12106, 12107, and 12108 of title 46, United States Code, and
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as
applicable on the date of enactment of this Act, the Secretary of
Transportation may issue a certificate of documentation for the vessel
L. R. BEATTIE, United States official number 904161.
<<NOTE: Short title. 31 USC 5302 note.>> TITLE IV--MEXICAN DEBT
DISCLOSURE ACT OF 1995
SEC. 401. SHORT TITLE.
This title may be cited as the ``Mexican Debt Disclosure Act of
1995''.
SEC. 402. FINDINGS.
The Congress finds that--
(1) Mexico is an important neighbor and trading partner of
the United States;
(2) on January 31, 1995, the President approved a program of
assistance to Mexico, in the form of swap facilities and
securities guarantees in the amount of $20,000,000,000, using
the exchange stabilization fund;
(3) the program of assistance involves the participation of
the Board of Governors of the Federal Reserve System, the
International Monetary Fund, the Bank for International
Settlements, the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Bank of
Canada, and several Latin American countries;
(4) the involvement of the exchange stabilization fund and
the Board of Governors of the Federal Reserve System means that
United States taxpayer funds will be used in the assistance
effort to Mexico;
(5) assistance provided by the International Monetary Fund,
the International Bank for Reconstruction and Development, and
the Inter-American Development Bank may require additional
United States contributions of taxpayer funds to those entities;
(6) the immediate use of taxpayer funds and the potential
requirement for additional future United States contributions of
taxpayer funds necessitates congressional oversight of the
disbursement of funds; and
(7) the efficacy of the assistance to Mexico is contingent
on the pursuit of sound economic policy by the Government of
Mexico.
SEC. 403. PRESIDENTIAL REPORTS.
(a) Reporting Requirement.--Not later than June 30, 1995, and every
6 months thereafter, the President shall transmit to the appropriate
congressional committees a report concerning all guarantees issued to,
and short-term and long-term currency swaps with, the Government of
Mexico by the United States Government, including the Board of Governors
of the Federal Reserve System.
(b) Contents of Reports.--Each report described in subsection (a)
shall contain a description of the following actions taken, or
[[Page 109 STAT. 90]]
economic situations existing, during the preceding 6-month period or, in
the case of the initial report, during the period beginning on the date
of enactment of this Act:
(1) Changes in wage, price, and credit controls in the
Mexican economy.
(2) Changes in taxation policy of the Government of Mexico.
(3) Specific actions taken by the Government of Mexico to
further privatize the economy of Mexico.
(4) Actions taken by the Government of Mexico in the
development of regulatory policy that significantly affected the
performance of the Mexican economy.
(5) Consultations concerning the program approved by the
President, including advice on economic, monetary, and fiscal
policy, held between the Government of Mexico and the Secretary
of the Treasury (including any designee of the Secretary) and
the conclusions resulting from any periodic reviews undertaken
by the International Monetary Fund pursuant to the Fund's loan
agreements with Mexico.
(6) All outstanding loans, credits, and guarantees provided
to the Government of Mexico, by the United States Government,
including the Board of Governors of the Federal Reserve System,
set forth by category of financing.
(7) The progress the Government of Mexico has made in
stabilizing the peso and establishing an independent central
bank or currency board.
(c) Summary of Treasury Department Reports.--In addition to the
information required to be included under subsection (b), each report
required under this section shall contain a summary of the information
contained in all reports submitted under section 404 during the period
covered by the report required under this section.
SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.
(a) Reporting Requirement.--Beginning on the last day of the first
month which begins after the date of enactment of this Act, and on the
last day of every month thereafter, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report concerning
all guarantees issued to, and short-term and long-term currency swaps
with, the Government of Mexico by the United States Government,
including the Board of Governors of the Federal Reserve System.
(b) Contents of Reports.--Each report described in subsection (a)
shall include a description of the following actions taken, or economic
situations existing, during the month in which the report is required to
be submitted:
(1) The current condition of the Mexican economy.
(2) The reserve positions of the central bank of Mexico and
data relating to the functioning of Mexican monetary policy.
(3) The amount of any funds disbursed from the exchange
stabilization fund pursuant to the program of assistance to the
Government of Mexico approved by the President on January 31,
1995.
(4) The amount of any funds disbursed by the Board of
Governors of the Federal Reserve System pursuant to the program
of assistance referred to in paragraph (3).
(5) Financial transactions, both inside and outside of
Mexico, made during the reporting period involving funds
disbursed
[[Page 109 STAT. 91]]
to Mexico from the exchange stabilization fund or proceeds of
Mexican Government securities guaranteed by the exchange
stabilization fund.
(6) All outstanding guarantees issued to, and short-term and
medium-term currency swaps with, the Government of Mexico by the
Secretary of the Treasury, set forth by category of financing.
(7) All outstanding currency swaps with the central bank of
Mexico by the Board of Governors of the Federal Reserve System
and the rationale for, and any expected costs of, such
transactions.
(8) The amount of payments made by customers of Mexican
petroleum companies that have been deposited in the account at
the Federal Reserve Bank of New York established to ensure
repayment of any payment by the United States Government,
including the Board of Governors of the Federal Reserve System,
in connection with any guarantee issued to, or any swap with,
the Government of Mexico.
(9) Any setoff by the Federal Reserve Bank of New York
against funds in the account described in paragraph (8).
(10) To the extent such information is available, once there
has been a setoff by the Federal Reserve Bank of New York, any
interruption in deliveries of petroleum products to existing
customers whose payments were setoff.
(11) The interest rates and fees charged to compensate the
Secretary of the Treasury for the risk of providing financing.
SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.
The requirements of sections 403 and 404 shall terminate on the date
that the Government of Mexico has paid all obligations with respect to
swap facilities and guarantees of securities made available under the
program approved by the President on January 31, 1995.
SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES
TO MEXICO THROUGH EXCHANGE STABILIZATION
FUND OR FEDERAL RESERVE.
(a) In General.--Notwithstanding any other provision of law, no
loan, credit, guarantee, or arrangement for a swap of currencies to
Mexico through the exchange stabilization fund or by the Board of
Governors of the Federal Reserve System may be extended or (if already
extended) further utilized, unless and until the President submits to
the appropriate congressional committees a certification that--
(1) there is no projected cost (as defined in the Credit
Reform Act of 1990) to the United States from the proposed loan,
credit, guarantee, or currency swap;
(2) all loans, credits, guarantees, and currency swaps are
adequately backed to ensure that all United States funds are
repaid;
(3) the Government of Mexico is making progress in ensuring
an independent central bank or an independent currency control
mechanism;
(4) Mexico has in effect a significant economic reform
effort; and
(5) the President has provided the documents described in
paragraphs (1) through (28) of House Resolution 80, adopted
March 1, 1995.
[[Page 109 STAT. 92]]
(b) Treatment of Classified or Privileged Material.--For purposes of
the certification required by subsection (a)(5), the President shall
specify, in the case of any document that is classified or subject to
applicable privileges, that, while such document may not have been
produced to the House of Representatives, in lieu thereof it has been
produced to specified Members of Congress or their designees by mutual
agreement among the President, the Speaker of the House, and the
chairmen and ranking members of the Committee on Banking and Financial
Services, the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House.
SEC. 407. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees on
International Relations and Banking and Financial Services of
the House of Representatives, the Committees on Foreign
Relations and Banking, Housing, and Urban Affairs of the Senate,
and the Committees on Appropriations of the House of
Representatives and the Senate.
(2) Exchange stabilization fund.--The term ``exchange
stabilization fund'' means the stabilization fund referred to in
section 5302(a)(1) of title 31, United States Code.
This Act may be cited as the ``Emergency Supplemental Appropriations
and Rescissions for the Department of Defense to Preserve and Enhance
Military Readiness Act of 1995''.
Approved April 10, 1995.
LEGISLATIVE HISTORY--H.R. 889:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-29 (Comm. on Appropriations) and 104-101 (Comm.
of Conference).
SENATE REPORTS: No. 104-12 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Feb. 22, considered and passed House.
Mar. 7-10, 13-16, considered and passed Senate, amended.
Apr. 6, House and Senate agreed to conference report.
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