PUBLIC LAW 104–6—APR. 10, 1995 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.

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.

Emergency

Supplemental

Appropriations

and Rescissions

for the

Department of

Defense to

Preserve and

Enhance Military

Readiness Act of

1995.

Apr. 10, 1995

[H.R. 889]
109 STAT. 74 PUBLIC LAW 104–6—APR. 10, 1995

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.
PUBLIC LAW 104–6—APR. 10, 1995 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.
109 STAT. 76 PUBLIC LAW 104–6—APR. 10, 1995

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.
PUBLIC LAW 104–6—APR. 10, 1995 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.
109 STAT. 78 PUBLIC LAW 104–6—APR. 10, 1995

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.
PUBLIC LAW 104–6—APR. 10, 1995 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. 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,

10 USC 1174a

note.

Effective date.
109 STAT. 80 PUBLIC LAW 104–6—APR. 10, 1995

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 (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 (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

President.

Reports.

Reports.

Supra.

108 Stat. 2630.

Effective date.

10 USC 1174a

note.
PUBLIC LAW 104–6—APR. 10, 1995 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: 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

International

agreements.

Reports.
109 STAT. 82 PUBLIC LAW 104–6—APR. 10, 1995

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 rec- ommendations 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 recommenda- tion 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

10 USC 2687

note.
PUBLIC LAW 104–6—APR. 10, 1995 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 (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 safetyrelated 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.

108 Stat. 2622.
109 STAT. 84 PUBLIC LAW 104–6—APR. 10, 1995

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.
PUBLIC LAW 104–6—APR. 10, 1995 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.
109 STAT. 86 PUBLIC LAW 104–6—APR. 10, 1995

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.
PUBLIC LAW 104–6—APR. 10, 1995 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.
109 STAT. 88 PUBLIC LAW 104–6—APR. 10, 1995

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

108 Stat. 2326.

California.

Air pollution

control.
PUBLIC LAW 104–6—APR. 10, 1995 109 STAT. 89

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-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

Short title.

31 USC 5302

note.

Maritime affairs.

L.R. BEATTIE.
109 STAT. 90 PUBLIC LAW 104–6—APR. 10, 1995

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 shortterm 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
PUBLIC LAW 104–6—APR. 10, 1995 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.
109 STAT. 92 PUBLIC LAW 104–6—APR. 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.

Æ

(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.