2000
[DOCID: f:h889enr.txt]
H.R.889
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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.
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 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.
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.
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.
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
2000
(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.
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.
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.
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. 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 (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, 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) 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 Act, 1995 (Publi
2000
c 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 (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.''.
(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.
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 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: 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) 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 enter into under section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153).
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Sec. 112. 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
2000
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 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 (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.
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.
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.
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 rescind
2000
ed 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.
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.
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
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 ``March 31, 1997'' and all that follows, and inserting in
lieu thereof: ``September 30, 1997: Provided, That not to exceed
$35,000,000 shall be available for obligation prior to October 1,
1996.''.
TITLE III--MISCELLANEOUS
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.
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-
2000
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 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 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.
(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
f4
Readiness Act of 1995''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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