H.R. 889 — Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995

[104th Congress Public Law 6]
[From the U.S. Government Publishing 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.

                                  <all>
Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995

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