Calendar No. 39

104TH CONGRESS

1ST SESSION S. 617

[Report No. 104–17]

A BILL

Making additional supplemental appropriations and

30, 1995, and for other purposes.rescissions for the fiscal year ending September

MARCH 24 (legislative day, MARCH 23), 1995

Read twice and placed on the calendar
II

Calendar No. 39

104TH CONGRESS

1ST SESSION S. 617

[Report No. 104–17]

Making additional supplemental appropriations and rescissions for the fiscal

year ending September 30, 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 24 (legislative day, MARCH 23), 1995

Mr. HATFIELD, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making additional supplemental appropriations and rescissions for the fiscal year ending September 30, 1995,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, to pro5 vide additional supplemental appropriations and rescis6 sions for the fiscal year ending September 30, 1995, and

7 for other purposes, namely:
2

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1 TITLE I—SUPPLEMENTALS AND

2 RESCISSIONS

3 CHAPTER I

4 DEPARTMENT OF AGRICULTURE, RURAL DE5 VELOPMENT, FOOD AND DRUG ADMINIS6 TRATION, AND RELATED AGENCIES

7 DEPARTMENT OF AGRICULTURE

8 AGRICULTURAL RESEARCH SERVICE

9 (TRANSFER OF FUNDS)

10 For an additional amount for necessary expenses of

11 the Agricultural Research Service, $2,218,000, to be de12 rived by transfer from ‘‘Nutrition Initiatives’’, Food and

13 Consumer Service.

14 FOOD SAFETY AND INSPECTION SERVICE

15 For an additional amount for salaries and expenses

16 of the Food Safety and Inspection Service, $9,082,000.

17 COMMODITY CREDIT CORPORATION FUND

18 FOOD FOR PROGRESS

19 Notwithstanding any other provision of law, no funds

20 of the Commodity Credit Corporation in excess of

21 $50,000,000 for fiscal year 1995 (exclusive of the cost of

22 commodities in the fiscal year) may be used to carry out

23 the Food for Progress Act of 1985 (7 U.S.C. 1736o) with

24 respect to commodities made available under section

25 416(b) of the Agricultural Act of 1949: Provided, That
3

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1 of this amount not more than $20,000,000 may be used

2 without regard to section 110(g) of the Food for Progress

3 Act of 1985 (7 U.S.C. 1736o(g)). The additional costs re4 sulting from this provision shall be financed from funds

5 credited to the Corporation pursuant to section 426 of

6 Public Law 103–465.

7 RURAL ELECTRIFICATION ADMINISTRATION

8 RURAL ELECTRIFICATION AND TELEPHONE LOANS

9 PROGRAM ACCOUNT

10 The second paragraph under this heading in Public

11 Law 103–330 (108 Stat. 2441) is amended by inserting

12 before the period at the end, the following: ‘‘: Provided,

13 That notwithstanding section 305(d)(2) of the Rural Elec14 trification Act of 1936, borrower interest rates may exceed

15 7 per centum per year’’.

16 FOOD AND NUTRITION SERVICE

17 COMMODITY SUPPLEMENTAL FOOD PROGRAM

18 The paragraph under this heading in Public Law

19 103–330 (108 Stat. 2441) is amended by inserting before

20 the period at the end, the following: ‘‘: Provided further,

21 That twenty per centum of any Commodity Supplemental

22 Food Program funds carried over from fiscal year 1994

23 shall be available for administrative costs of the program’’.
4

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1 GENERAL PROVISIONS

2 Section 715 of Public Law 103–330 is amended by

3 deleting ‘‘$85,500,000’’ and by inserting ‘‘$110,000,000’’.

4 The additional costs resulting from this provision shall be

5 financed from funds credited to the Commodity Credit

6 Corporation pursuant to section 426 of Public Law 103–

7 465.

8 OFFICE OF THE SECRETARY

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–330, $31,000 are rescinded: Provided,

12 That none of the funds made available to the Department

13 of Agriculture may be used to carry out activities under

14 7 U.S.C. 2257 without prior notification to the Commit15 tees on Appropriations.

16 AGRICULTURAL RESEARCH SERVICE

17 BUILDINGS AND FACILITIES

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 103–330 and other Acts, $1,500,000 are re21 scinded.

22 COOPERATIVE STATE RESEARCH SERVICE

23 (RESCISSION)

24 Of the funds made available under this heading in

25 Public Law 103–330, $958,000 are rescinded, including

26 $524,000 for contracts and grants for agricultural re-
5

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1 search under the Act of August 4, 1965, as amended (7

2 U.S.C. 450i(c)); and $434,000 for necessary expenses of

3 Cooperative State Research Service activities: Provided,

4 That the amount of ‘‘$9,917,000’’ available under this

5 heading in Public Law 103–330 (108 Stat. 2441) for a

6 program of capacity building grants to colleges eligible to

7 receive funds under the Act of August 30, 1890, is amend8 ed to read ‘‘$9,207,000’’.

9 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

10 BUILDINGS AND FACILITIES

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–330, $6,000,000 are rescinded.

14 RURAL DEVELOPMENT ADMINISTRATION AND FARMERS

15 HOME ADMINISTRATION

16 LOCAL TECHNICAL ASSISTANCE AND PLANNING GRANTS

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–330, $1,750,000 are rescinded.

20 ALCOHOL FUELS CREDIT GUARANTEE PROGRAM

21 ACCOUNT

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 102–341, $9,000,000 are rescinded.
6

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1 RURAL ELECTRIFICATION ADMINISTRATION

2 RURAL ELECTRIFICATION AND TELEPHONE LOANS

3 PROGRAM ACCOUNT

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–330, $1,500,000 for the cost of 5 per

7 centum rural telephone loans are rescinded.

8 FOOD AND NUTRITION SERVICE

9 SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN,

10 INFANTS, AND CHILDREN (WIC)

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–111, $35,000,000 are rescinded.

14 FOREIGN AGRICULTURAL SERVICE

15 PUBLIC LAW 480 PROGRAM ACCOUNTS

16 Of the funds made available under this heading in

17 Public Law 103–330, $142,500,000 are rescinded of

18 which: $6,135,000 shall be from the amounts appropriated

19 for ocean freight differential costs; $92,500,000 shall be

20 from the amounts appropriated for commodities supplied

21 in connection with dispositions abroad pursuant to title

22 III; and $43,865,000 shall be from the amounts appro23 priated for the cost of direct credit agreements as author24 ized by the Agricultural Trade Development and Assist25 ance Act of 1954, as amended, and the Food for Progress

26 Act of 1985, as amended.
7

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1 CHAPTER II

2 DEPARTMENTS OF COMMERCE, JUSTICE, AND

3 STATE, THE JUDICIARY, AND RELATED

4 AGENCIES

5 RELATED AGENCIES

6 NATIONAL BANKRUPTCY REVIEW COMMISSION

7 (TRANSFER OF FUNDS)

8 For the National Bankruptcy Review Commission as

9 authorized by Public Law 103–394, $1,500,000 shall be

10 made available until expended, to be derived by transfer

11 from unobligated balances of the Working Capital Fund

12 in the Department of Justice.

13 UNITED STATES INFORMATION AGENCY

14 INTERNATIONAL BROADCASTING OPERATIONS

15 For an additional amount for ‘‘International Broad16 casting Operations’’, $7,290,000, for the Board for Inter17 national Broadcasting to remain available until expended.

18 DEPARTMENT OF JUSTICE

19 IMMIGRATION AND NATURALIZATION SERVICE

20 SALARIES AND EXPENSES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–317, $1,000,000 are rescinded.
8

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1 OFFICE OF JUSTICE PROGRAMS

2 DRUG COURTS

3 (RESCISSION)

4 Of the funds made available under this heading in

5 title VIII of Public Law 103–317, $27,100,000 are re6 scinded.

7 OUNCE OF PREVENTION COUNCIL

8 (INCLUDING RESCISSION)

9 Of the funds made available under this heading in

10 title VIII of Public Law 103–317, $1,000,000 are re11 scinded.

12 In addition, under this heading in Public Law 103–

13 317, after the word ‘‘grants’’, insert the following: ‘‘and

14 administrative expenses’’. After the word ‘‘expended’’, in15 sert the following: ‘‘: Provided, That the Council is author16 ized to accept, hold, administer, and use gifts, both real

17 and personal, for the purpose of aiding or facilitating the

18 work of the Council’’.

19 DEPARTMENT OF COMMERCE

20 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

21 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–317, $19,500,000 are rescinded.
9

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1 INDUSTRIAL TECHNOLOGY SERVICES

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–317 for the Manufacturing Extension

5 Partnership and the Quality Program, $27,100,000 are

6 rescinded.

7 NATIONAL OCEANIC AND ATMOSPHERIC

8 ADMINISTRATION

9 OPERATIONS, RESEARCH, AND FACILITIES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–317, $37,600,000 are rescinded.

13 CONSTRUCTION

14 (RESCISSION)

15 Of the funds made available under this heading in

16 Public Law 103–317, $8,000,000 are rescinded.

17 TECHNOLOGY ADMINISTRATION

18 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

19 TECHNOLOGY POLICY

20 SALARIES AND EXPENSES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–317, $1,500,000 are rescinded.
10

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1 NATIONAL TECHNICAL INFORMATION SERVICE

2 NTIS REVOLVING FUND

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–317, $7,600,000 are rescinded.

6 ECONOMIC DEVELOPMENT ADMINISTRATION

7 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

8 (RESCISSIONS)

9 Of unobligated balances available under this heading

10 pursuant to Public Law 103–75, Public Law 102–368,

11 and Public Law 103–317, $47,384,000 are rescinded.

12 THE JUDICIARY

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 UNITED STATES COURT OF INTERNATIONAL TRADE

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 103–317, $1,000,000 are rescinded.

19 DEFENDER SERVICES

20 (RESCISSION)

21 Of the funds made available under this heading in

22 Public Law 103–317, $4,100,000 are rescinded.
11

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1 RELATED AGENCY

2 SMALL BUSINESS ADMINISTRATION

3 SALARIES AND EXPENSES

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–317, $15,000,000 are rescinded: Pro7 vided, That no funds in that public law shall be available

8 to implement section 24 of the Small Business Act, as

9 amended.

10 BUSINESS LOANS PROGRAM ACCOUNT

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–317, $15,000,000 are rescinded.

14 DEPARTMENT OF STATE

15 ADMINISTRATION OF FOREIGN AFFAIRS

16 DIPLOMATIC AND CONSULAR PROGRAMS

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–317, $2,000,000 are rescinded.

20 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–317, $30,000,000 are rescinded.
12

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1 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–317, $14,617,000 are rescinded.

7 RELATED AGENCIES

8 ARMS CONTROL AND DISARMAMENT AGENCY

9 ARMS CONTROL AND DISARMAMENT ACTIVITIES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–317, $4,000,000 are rescinded, of which

13 $2,000,000 are from funds made available for activities

14 related to the implementation of the Chemical Weapons

15 Convention.

16 BOARD FOR INTERNATIONAL BROADCASTING

17 ISRAEL RELAY STATION

18 (RESCISSION)

19 From unobligated balances available under this head20 ing, $2,000,000 are rescinded.

21 UNITED STATES INFORMATION AGENCY

22 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

23 (RESCISSION)

24 Of the funds made available under this heading in

25 Public Law 103–317, $5,000,000 are rescinded.
13

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1 RADIO CONSTRUCTION

2 (RESCISSION)

3 Of the funds made available under this heading,

4 $6,000,000 are rescinded.

5 RADIO FREE ASIA

6 (RESCISSION)

7 Of the funds made available under this heading,

8 $6,000,000 are rescinded.

9 CHAPTER III

10 ENERGY AND WATER DEVELOPMENT

11 DEPARTMENT OF DEFENSE—CIVIL

12 DEPARTMENT OF THE ARMY

13 CORPS OF ENGINEERS—CIVIL

14 GENERAL INVESTIGATIONS

15 (RESCISSIONS)

16 Of the funds made available under this heading in

17 Public Law 103–316 and prior years’ Energy and Water

18 Development Appropriations Acts, $10,000,000 are re19 scinded.

20 CONSTRUCTION, GENERAL

21 (RESCISSIONS)

22 Of the funds made available under this heading in

23 Public Law 103–316 and prior years’ Energy and Water

24 Development Appropriations Acts, $50,000,000 are re25 scinded.
14

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1 DEPARTMENT OF THE INTERIOR

2 BUREAU OF RECLAMATION

3 OPERATION AND MAINTENANCE

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–316, $10,000,000 are rescinded.

7 DEPARTMENT OF ENERGY

8 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

9 ACTIVITIES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–316, $81,500,000 are rescinded.

13 ATOMIC ENERGY DEFENSE ACTIVITIES

14 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

15 MANAGEMENT

16 (RESCISSIONS)

17 Of the amounts made available under this heading

18 in Public Law 103–316 and prior years’ Energy and

19 Water Development Acts, $100,000,000 are rescinded.

20 MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS

21 (RESCISSIONS)

22 Of the amounts made available under this heading

23 in Public Law 103–316, and prior years’ Energy and

24 Water Development Acts, $15,000,000 are rescinded.
15

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1 DEPARTMENTAL ADMINISTRATION

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–316, $20,000,000 are rescinded.

5 POWER MARKETING ADMINISTRATIONS

6 CONSTRUCTION, REHABILITATION, OPERATION AND

7 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

8 (RESCISSIONS)

9 Of the amounts made available under this heading

10 in Public Law 103–316 and prior years’ Energy and

11 Water Development Acts, $30,000,000 are rescinded.

12 INDEPENDENT AGENCIES

13 APPALACHIAN REGIONAL COMMISSION

14 (RESCISSION)

15 Of the funds made available under this heading in

16 Public Law 103–316, $10,000,000 are rescinded.

17 TENNESSEE VALLEY AUTHORITY

18 TENNESSEE VALLEY AUTHORITY FUND

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 103–316, $5,000,000 are rescinded.
16

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1 CHAPTER IV

2 FOREIGN OPERATIONS, EXPORT FINANCING,

3 AND RELATED PROGRAMS

4 (RESCISSION)

5 Of the unearmarked and unobligated balances of

6 funds available in Public Law 103–87 and Public Law

7 103–306, $100,000,000 are rescinded: Provided, That not

8 later than thirty days after the enactment of this Act the

9 Director of the Office of Management and Budget shall

10 submit a report to Congress setting forth the accounts and

11 amounts which are reduced pursuant to this paragraph.

12 CHAPTER V

13 DEPARTMENT OF THE INTERIOR AND

14 RELATED AGENCIES

15 DEPARTMENT OF THE INTERIOR

16 BUREAU OF LAND MANAGEMENT

17 MANAGEMENT OF LANDS AND RESOURCES

18 (RESCISSION)

19 Of the funds available under this heading in Public

20 Law 103–332, $70,000 are rescinded, to be derived from

21 amounts available for developing and finalizing the

22 Roswell Resource Management Plan/Environmental Im23 pact Statement and the Carlsbad Resource Management

24 Plan Amendment/Environmental Impact Statement: Pro25 vided, That none of the funds made available in such Act
17

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1 or any other appropriations Act may be used for finalizing

2 or implementing either such plan.

3 CONSTRUCTION AND ACCESS

4 (RESCISSIONS)

5 Of the funds available under this heading in Public

6 Law 103–332, Public Law 103–138, and Public Law 102–

7 381, $2,100,000 are rescinded.

8 LAND ACQUISITION

9 (RESCISSIONS)

10 Of the funds available under this heading in Public

11 Law 102–381, Public Law 101–121, and Public Law 100–

12 446, $1,497,000 are rescinded.

13 UNITED STATES FISH AND WILDLIFE SERVICE

14 RESOURCE MANAGEMENT

15 (RESCISSION)

16 Of the funds available under this heading in Public

17 Law 103–332, $3,000,000 are rescinded.

18 CONSTRUCTION

19 (RESCISSIONS)

20 Of the funds available under this heading or the

21 heading Construction and Anadromous Fish in Public

22 Law 103–332, Public Law 103–138, Public Law 103–75,

23 Public Law 102–381, Public Law 102–154, Public Law

24 102–368, Public Law 101–512, Public Law 101–121,

25 Public Law 100–446, and Public Law 100–202,

26 $13,215,000 are rescinded.
18

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1 LAND ACQUISITION

2 (RESCISSIONS)

3 Of the funds available under this heading in Public

4 Law 103–332, Public Law 103–138, Public Law 102–

5 381, and Public Law 101–512, $3,893,000 are rescinded.

6 NATIONAL BIOLOGICAL SURVEY

7 RESEARCH, INVENTORIES, AND SURVEYS

8 (RESCISSIONS)

9 Of the funds available under this heading in Public

10 Law 103–332 and Public Law 103–138, $12,544,000 are

11 rescinded.

12 NATIONAL PARK SERVICE

13 CONSTRUCTION

14 (RESCISSION)

15 Of the funds available under this heading in Public

16 Law 103–332, $25,970,000 are rescinded.

17 URBAN PARK AND RECREATION FUND

18 (RESCISSION)

19 Of the funds available under this heading in Public

20 Law 103–332, $7,480,000 are rescinded.

21 LAND ACQUISITION AND STATE ASSISTANCE

22 (RESCISSIONS)

23 Of the funds available under this heading in Public

24 Law 103–332, Public Law 103–138, Public Law 102–

25 381, Public Law 102–154, Public Law 101–512, Public

26 Law 101–121, Public Law 100–446, Public Law 100–
19

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1 202, Public Law 99–190, Public Law 98–473, and Public

2 Law 98–146, $11,297,000 are rescinded.

3 MINERALS MANAGEMENT SERVICE

4 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–332, $814,000 are rescinded.

8 BUREAU OF INDIAN AFFAIRS

9 OPERATION OF INDIAN PROGRAMS

10 (RESCISSION)

11 Of the funds available under this heading in Public

12 Law 103–332, $11,350,000 are rescinded: Provided, That

13 the first proviso under this head in Public Law 103–332

14 is amended by striking ‘‘$330,111,000’’ and inserting in

15 lieu thereof ‘‘$329,361,000’’.

16 CONSTRUCTION

17 (RESCISSION)

18 Of the funds available under this heading in Public

19 Law 103–332, $9,571,000 are rescinded.

20 INDIAN DIRECT LOAN PROGRAM ACCOUNT

21 (RESCISSION)

22 Of the funds provided under this heading in Public

23 Law 103–332, $1,900,000 is rescinded.
20

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1 TERRITORIAL AND INTERNATIONAL AFFAIRS

2 ADMINISTRATION OF TERRITORIES

3 (RESCISSION)

4 Of the funds available under this heading in Public

5 Law 103–332, $1,900,000 are rescinded.

6 TRUST TERRITORY OF THE PACIFIC ISLANDS

7 (RESCISSION)

8 Of the funds available under this heading in Public

9 Law 99–591, $32,139,000 are rescinded.

10 COMPACT OF FREE ASSOCIATION

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–332, $1,000,000 are rescinded.

14 DEPARTMENT OF AGRICULTURE

15 FOREST SERVICE

16 FOREST RESEARCH

17 (RESCISSION)

18 Of the funds available under this heading in Public

19 Law 103–332, $6,000,000 are rescinded.

20 STATE AND PRIVATE FORESTRY

21 (RESCISSIONS)

22 Of the funds available under this heading in Public

23 Law 103–332 and Public Law 103–138, $6,250,000 are

24 rescinded.
21

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1 INTERNATIONAL FORESTRY

2 (RESCISSION)

3 Of the funds available under this heading in Public

4 Law 103–332, $3,000,000 are rescinded.

5 CONSTRUCTION

6 (RESCISSIONS)

7 Of the funds available under this heading in Public

8 Law 103–332, Public Law 103–138 and Public Law 102–

9 381, $7,824,000 are rescinded: Provided, That the first

10 proviso under this head in Public Law 103–332 is amend11 ed by striking ‘‘1994’’ and inserting in lieu thereof

12 ‘‘1995’’.

13 LAND ACQUISITION

14 (RESCISSIONS)

15 Of the funds available under this heading in Public

16 Law 103–332, Public Law 103–138 and Public Law 102–

17 381, $3,020,000 are rescinded.

18 DEPARTMENT OF ENERGY

19 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

20 (RESCISSION)

21 Of the funds available under this heading in Public

22 Law 103–332, $20,750,000 are rescinded.

23 NAVAL PETROLEUM AND OIL SHALE RESERVES

24 (RESCISSION)

25 Of the funds available under this heading in Public

26 Law 103–332, $11,000,000 are rescinded.
22

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1 ENERGY CONSERVATION

2 (RESCISSIONS)

3 Of the funds available under this heading in Public

4 Law 103–332, $34,928,000 are rescinded.

5 Of the funds available under this heading in Public

6 Law 103–138, $13,700,000 are rescinded.

7 DEPARTMENT OF EDUCATION

8 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

9 INDIAN EDUCATION

10 (RESCISSION)

11 Of the funds available under this heading in Public

12 Law 103–332, $2,000,000 are rescinded.

13 OTHER RELATED AGENCIES

14 SMITHSONIAN INSTITUTION

15 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

16 ZOOLOGICAL PARK

17 (RESCISSIONS)

18 Of the funds available under this heading in Public

19 Law 102–381, and Public Law 103–138, $1,000,000 are

20 rescinded.

21 CONSTRUCTION

22 (RESCISSIONS)

23 Of the funds made available under this heading in

24 Public Law 102–154, Public Law 102–381, Public Law

25 103–138, and Public Law 103–332, $11,237,000 are re26 scinded: Provided, That of the amounts proposed herein
23

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1 for rescission, $2,500,000 are from funds previously ap2 propriated for the National Museum of the American In3 dian: Provided further, That notwithstanding any other

4 provision of law, the provisions of the Davis-Bacon Act

5 shall not apply to any contract associated with the con6 struction of facilities for the National Museum of the

7 American Indian.

8 NATIONAL GALLERY OF ART

9 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

10 (RESCISSION)

11 Of the funds available under this heading in Public

12 Law 103–332, $407,000 are rescinded.

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 CONSTRUCTION

16 (RESCISSION)

17 Of the funds available under this heading in Public

18 Law 103–332, $3,000,000 are rescinded.

19 WOODROW WILSON INTERNATIONAL CENTER FOR

20 SCHOLARS

21 SALARIES AND EXPENSES

22 (RESCISSION)

23 Of the funds available under this heading in Public

24 Law 103–332, $1,000,000 are rescinded.
24

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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 (RESCISSION)

6 Of the funds available under this heading in Public

7 Law 103–332, $5,000,000 are rescinded.

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 (RESCISSION)

11 Of the funds available under this heading in Public

12 Law 103–332, $5,000,000 are rescinded.

13 GENERAL PROVISIONS

14 SEC. 501. No funds made available in any appropria15 tions Act may be used by the Department of the Interior,

16 including but not limited to the United States Fish and

17 Wildlife Service and the National Biological Service, to

18 search for the Alabama sturgeon in the Alabama River,

19 the Cahaba River, the Tombigbee River or the Tennessee20 Tombigbee Waterway in Alabama or Mississippi.

21 SEC. 502. (a) None of the funds made available in

22 Public Law 103–332 may be used by the United States

23 Fish and Wildlife Service to implement or enforce special

24 use permit numbered 72030.

25 (b) The Secretary of the Interior shall immediately

26 reinstate the travel guidelines specified in special use per-
25

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1 mit numbered 65715 for the visiting public and employees

2 of the Virginia Department of Conservation and Recre3 ation at Back Bay National Wildlife Refuge, Virginia.

4 Such guidelines shall remain in effect until such time as

5 an agreement described in subsection (c) becomes effec6 tive, but in no case shall remain in effect after September

7 30, 1995.

8 (c) It is the sense of Congress that the Secretary of

9 the Interior and the Governor of Virginia should negotiate

10 and enter into a long term agreement concerning re11 sources management and public access with respect to

12 Back Bay National Wildlife Refuge and False Cape State

13 Park, Virginia, in order to improve the implementation of

14 the missions of the Refuge and Park.

15 SEC. 503. (a) No funds available to the Forest Serv16 ice may be used to implement Habitat Conservation Areas

17 in the Tongass National Forest for species which have not

18 been declared threatened or endangered pursuant to the

19 Endangered Species Act, except that with respect to gos20 hawks the Forest Service may impose interim Goshawk

21 Habitat Conservation Areas not to exceed 300 acres per

22 active nest consistent with the guidelines utilized in na23 tional forests in the continental United States.

24 (b) The Secretary shall notify Congress within 30

25 days of any timber sales which may be delayed or canceled
26

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1 due to the Goshawk Habitat Conservation Areas described

2 in subsection (a).

3 CHAPTER VI

4 DEPARTMENTS OF LABOR, HEALTH AND

5 HUMAN SERVICES, AND EDUCATION, AND

6 RELATED AGENCIES

7 DEPARTMENT OF LABOR

8 EMPLOYMENT AND TRAINING ADMINISTRATION

9 TRAINING AND EMPLOYMENT SERVICES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–333, $1,521,220,000 are rescinded, in13 cluding $46,404,000 for necessary expenses of construc14 tion, rehabilitation, and acquisition of new Job Corps cen15 ters, $15,000,000 for the School-to-Work Opportunities

16 Act, $15,600,000 for title III, part A of the Job Training

17 Partnership Act, $20,000,000 for the title III, part B of

18 such Act, $3,861,000 for service delivery areas under sec19 tion 101(a)(4)(A)(iii) of such Act, $33,000,000 for carry20 ing out title II, part A of such Act, $472,010,000 for car21 rying out title II, part C of such Act, $750,000 for the

22 National Commission for Employment Policy and

23 $421,000 for the National Occupational Information Co24 ordinating Committee: Provided, That service delivery

25 areas may transfer up to 50 percent of the amounts allo26 cated for program years 1994 and 1995 between the title
27

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1 II–B and title II–C programs authorized by the Job

2 Training Partnership Act, if such transfers are approved

3 by the Governor.

4 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

5 AMERICANS

6 (RESCISSIONS)

7 Of the funds made available in the first paragraph

8 under this heading in Public Law 103–333, $11,263,000

9 are rescinded.

10 Of the funds made available in the second paragraph

11 under this heading in Public Law 103–333, $3,177,000

12 are rescinded.

13 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

14 SERVICE OPERATIONS

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–333, $20,000,000 are rescinded, and

18 amounts which may be expended from the Employment

19 Security Administration account in the Unemployment

20 Trust Fund are reduced from $3,269,097,000 to

21 $3,221,397,000.

22 BUREAU OF LABOR STATISTICS

23 SALARIES AND EXPENSES

24 Of the funds made available under this heading in

25 Public Law 103–333, $1,100,000 are rescinded.
28

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1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–333, $42,071,000 are rescinded.

8 CENTERS FOR DISEASE CONTROL AND PREVENTION

9 DISEASE CONTROL, RESEARCH, AND TRAINING

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–333, $1,300,000 are rescinded.

13 NATIONAL INSTITUTES OF HEALTH

14 BUILDINGS AND FACILITIES

15 (RESCISSION)

16 Of the available balances under this heading,

17 $79,289,000 are rescinded.

18 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

19 ADMINISTRATION

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–333, $14,700,000 are rescinded.
29

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1 ASSISTANT SECRETARY FOR HEALTH

2 OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–333, $2,320,000 are rescinded.

6 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

7 HEALTH CARE POLICY AND RESEARCH

8 (RESCISSION)

9 Of the Federal funds made available under this head10 ing in Public Law 103–333, $3,132,000 are rescinded.

11 HEALTH CARE FINANCING ADMINISTRATION

12 PROGRAM MANAGEMENT

13 (RESCISSION)

14 Funds made available under this heading in Public

15 Law 103–333 are reduced from $2,207,135,000 to

16 $2,185,935,000, and funds transferred to this account as

17 authorized by section 201(g) of the Social Security Act

18 are reduced to the same amount.

19 SOCIAL SECURITY ADMINISTRATION

20 SUPPLEMENTAL SECURITY INCOME PROGRAM

21 (RESCISSION)

22 Of the amounts appropriated in the first paragraph

23 under this heading in Public Law 103–333, $67,000,000

24 are rescinded.
30

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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–333 to invest in a state-of-the-art com5 puting network, $88,283,000 are rescinded.

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 JOB OPPORTUNITIES AND BASIC SKILLS

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–333, there are rescinded an amount equal

11 to the total of the funds within each State’s limitation for

12 fiscal year 1995 that are not necessary to pay such State’s

13 allowable claims for such fiscal year.

14 Section 403(k)(3)(E) of the Social Security Act (as

15 amended by Public Law 100–485) is amended by adding

16 before the ‘‘and’’: ‘‘reduced by an amount equal to the

17 total of those funds that are within each State’s limitation

18 for fiscal year 1995 that are not necessary to pay such

19 State’s allowable claims for such fiscal year (except that

20 such amount for such year shall be deemed to be

21 $1,300,000,000 for the purpose of determining the

22 amount of the payment under subsection (l) to which each

23 State is entitled),’’.
31

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1 STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS

2 (RESCISSION)

3 Of the funds made available in the second paragraph

4 under this heading in Public Law 103–333, $6,000,000

5 are rescinded.

6 COMMUNITY SERVICES BLOCK GRANT

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 103–333, $26,988,000 are rescinded.

10 CHILD CARE AND DEVELOPMENT BLOCK GRANT

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–333, $8,400,000 are rescinded.

14 CHILDREN AND FAMILIES SERVICES PROGRAMS

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–333, $42,000,000 are rescinded from sec18 tion 639(A) of the Head Start Act, as amended.

19 ADMINISTRATION ON AGING

20 (AGING SERVICES PROGRAMS)

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–333, $899,000 are rescinded.
32

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1 OFFICE OF THE SECRETARY

2 POLICY RESEARCH

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–333, $2,918,000 are rescinded.

6 DEPARTMENT OF EDUCATION

7 EDUCATION REFORM

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–333, $82,600,000 are rescinded, includ11 ing $55,800,000 from funds made available for State and

12 local education systemic improvement, and $11,800,000

13 from funds made available for Federal activities under the

14 Goals 2000: Educate America Act; and $15,000,000 are

15 rescinded from funds made available under the School to

16 Work Opportunities Act, including $4,375,000 for Na17 tional programs and $10,625,000 for State grants and

18 local partnerships.

19 EDUCATION FOR THE DISADVANTAGED

20 (RESCISSION)

21 Of the funds made available under this heading in

22 Public Law 103–333, $80,400,000 are rescinded as fol23 lows: $72,500,000 from the Elementary and Secondary

24 Education Act, title I, part A, $2,000,000 from part B,

25 and $5,900,000 from part E, section 1501.
33

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1 IMPACT AID

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–333, $16,293,000 for section 8002 are

5 rescinded.

6 SCHOOL IMPROVEMENT PROGRAMS

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 103–333, $236,417,000 are rescinded as fol10 lows: from the Elementary and Secondary Education Act,

11 title II–B, $69,000,000, title IV, $100,000,000, title V–

12 C, $2,000,000, title IX–B, $1,000,000, title X–D,

13 $1,500,000, section 10602, $1,630,000, title XII,

14 $20,000,000, and title XIII–A, $8,900,000; from the

15 Higher Education Act, section 596, $13,875,000; from

16 funds derived from the Violent Crime Reduction Trust

17 Fund, $11,100,000; and from funds for the Civil Rights

18 Act of 1964, title IV, $7,412,000.

19 BILINGUAL AND IMMIGRANT EDUCATION

20 (RESCISSION)

21 Of the funds made available under this heading in

22 Public Law 103–333, $32,380,000 are rescinded from

23 funding for title VII–A and $11,000,000 from part C of

24 the Elementary and Secondary Education Act.
34

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1 VOCATIONAL AND ADULT EDUCATION

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–333, $60,566,000 are rescinded as fol5 lows: from the Carl D. Perkins Vocational and Applied

6 Technology Education Act, title III–A, and –B,

7 $43,888,000 and from title IV–A and –C, $8,891,000;

8 from the Adult Education Act, part B–7, $7,787,000.

9 STUDENT FINANCIAL ASSISTANCE

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–333, $10,000,000 are rescinded from

13 funding for the Higher Education Act, title IV, part

14 H–1.

15 HIGHER EDUCATION

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 103–333, $57,783,000 are rescinded as fol19 lows: from amounts available for the Higher Education

20 Act, title IV–A, chapter 5, $496,000, title IV–A–2, chap21 ter 1, $11,200,000, title IV–A–2, chapter 2, $600,000,

22 title IV–A–6, $2,000,000, title V–C, subparts 1 and 3,

23 $16,175,000, title IX–B, $10,100,000, title IX–E,

24 $3,500,000, title IX–G, $2,888,000, title X–D,

25 $2,900,000, and title XI–A, $500,000; Public Law 102–

26 325, $1,000,000; and the Excellence in Mathematics,
35

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1 Science, and Engineering Education Act of 1990,

2 $6,424,000.

3 HOWARD UNIVERSITY

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–333, $3,300,000 are rescinded, including

7 $1,500,000 for construction.

8 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

9 PROGRAM

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–333 for the costs of direct loans, as au13 thorized under part C of title VII of the Higher Education

14 Act, as amended, $168,000 are rescinded, and the author15 ity to subsidize gross loan obligations is repealed. In addi16 tion, $322,000 appropriated for administrative expenses

17 are rescinded.

18 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 103–333, $15,200,000 are rescinded as fol22 lows: from the Elementary and Secondary Education Act,

23 title III–A, $5,000,000, title III–B, $5,000,000, and title

24 X–B, $4,600,000; from the Goals 2000: Educate America

25 Act, title VI, $600,000.
36

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1 LIBRARIES

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–333, $2,916,000 are rescinded from title

5 II, part B, section 222 of the Higher Education Act.

6 RELATED AGENCIES

7 CORPORATION FOR PUBLIC BROADCASTING

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–112, $26,360,000 are rescinded. Of the

11 funds made available under this heading in Public Law

12 103–333, $29,360,000 are rescinded.

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–333, $7,000,000 are rescinded.

18 GENERAL PROVISIONS

19 FEDERAL DIRECT STUDENT LOAN PROGRAM

20 SEC. 601. Section 458(a) of the Higher Education

21 Act of 1965 (20 U.S.C. 1087h(a)) is amended—

22 (1) by striking ‘‘$345,000,000’’ and inserting

23 ‘‘$250,000,000’’; and

24 (2) by striking ‘‘$2,500,000,000’’ and inserting

25 ‘‘$2,405,000,000’’.
37

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1 SEC. 602. Of the funds made available in fiscal year

2 1995 to the Department of Labor in Public Law 103–

3 333 for compliance assistance and enforcement activities,

4 $8,975,000 are rescinded.

5 CHAPTER VII

6 LEGISLATIVE BRANCH

7 HOUSE OF REPRESENTATIVES

8 PAYMENTS TO WIDOWS AND HEIRS OF DECEASED

9 MEMBERS OF CONGRESS

10 For payment to the family trust of Dean A. Gallo,

11 late a Representative from the State of New Jersey,

12 $133,600.

13 JOINT ITEMS

14 JOINT ECONOMIC COMMITTEE

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–283, $460,000 are rescinded.

18 JOINT COMMITTEE ON PRINTING

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 103–283, $238,137 are rescinded.

22 OFFICE OF TECHNOLOGY ASSESSMENT

23 SALARIES AND EXPENSES

24 (RESCISSION)

25 Of the funds made available under this heading in

26 Public Law 103–283, $650,000 are rescinded.
38

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1 CONGRESSIONAL BUDGET OFFICE

2 SALARIES AND EXPENSES

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–283, $187,000 are rescinded.

6 ARCHITECT OF THE CAPITOL

7 CAPITOL BUILDINGS AND GROUNDS

8 SENATE OFFICE BUILDINGS

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–283, $850,000 are rescinded.

12 CAPITAL POWER PLANT

13 (RESCISSION)

14 Of the funds made available under this heading in

15 Public Law 103–283, $1,650,000 are rescinded.

16 GOVERNMENT PRINTING OFFICE

17 CONGRESSIONAL PRINTING AND BINDING

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 103–283, $5,000,000 are rescinded.

21 BOTANIC GARDEN

22 SALARIES AND EXPENSES

23 (RESCISSION)

24 Of the funds made available until expended by trans25 fer under this heading in Public Law 103–283,

26 $7,000,000 are rescinded.
39

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1 GOVERNMENT PRINTING OFFICE

2 OFFICE OF SUPERINTENDENT OF DOCUMENTS

3 SALARIES AND EXPENSES

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–283, $600,000 are rescinded.

7 LIBRARY OF CONGRESS

8 SALARIES AND EXPENSES

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–283, $150,000 are rescinded.

12 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

13 SALARIES AND EXPENSES

14 (RESCISSION)

15 Of the funds made available under this heading in

16 Public Law 103–283, $100,000 are rescinded.

17 GENERAL ACCOUNTING OFFICE

18 SALARIES AND EXPENSES

19 (RESCISSION)

20 Of the funds made available under this heading in

21 Public Law 103–283, $8,867,000 are rescinded.
40

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1 CHAPTER VIII

2 DEPARTMENT OF DEFENSE—MILITARY

3 CONSTRUCTION

4 MILITARY CONSTRUCTION, ARMY

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–307, $10,000,000 are rescinded.

8 MILITARY CONSTRUCTION, NAVY

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–307, $13,050,000 are rescinded.

12 MILITARY CONSTRUCTION, AIR FORCE

13 (RESCISSION)

14 Of the funds made available under this heading in

15 Public Law 103–307, $33,250,000 are rescinded.

16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–307, $1,340,000 are rescinded.

20 NORTH ATLANTIC TREATY ORGANIZATION

21 INFRASTRUCTURE

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–307, $69,000,000 are rescinded.
41

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1 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–307, $10,628,000 are rescinded.

5 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

6 (RESCISSION)

7 Of the funds made available under this heading in

8 Public Law 103–307, $93,566,000 are rescinded.

9 CHAPTER IX

10 DEPARTMENT OF TRANSPORTATION AND

11 RELATED AGENCIES

12 OFFICE OF THE SECRETARY

13 WORKING CAPITAL FUND

14 (RESCISSION)

15 The obligation authority under this heading in Public

16 Law 103–331 is hereby reduced by $4,000,000.

17 PAYMENTS TO AIR CARRIERS

18 (AIRPORT AND AIRWAY TRUST FUND)

19 (RESCISSION)

20 Of the funds made available under this heading,

21 $5,300,000 are rescinded: Provided, That the Secretary

22 shall not enter into any contracts for ‘‘Small Community

23 Air Service’’ beyond September 30, 1995, which require

24 compensation fixed and determined under subchapter II

25 of chapter 417 of Title 49, United States Code (49 U.S.C.

26 41731–42) payable by the Department of Transportation:
42

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1 Provided further, That no funds under this head shall be

2 available for payments to air carriers under subchapter

3 II.

4 COAST GUARD

5 OPERATING EXPENSES

6 (RESCISSION)

7 Of the amounts provided under this heading in Public

8 Law 103–331, $3,700,000 are rescinded.

9 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

10 (RESCISSION)

11 Of the available balances under this heading,

12 $34,298,000 are rescinded.

13 ENVIRONMENTAL COMPLIANCE AND RESTORATION

14 (RESCISSION)

15 Of the amounts provided under this heading in Public

16 Law 103–331, $400,000 are rescinded.

17 FEDERAL AVIATION ADMINISTRATION

18 OPERATIONS

19 (RESCISSION)

20 Of the available balances under this heading,

21 $1,000,000 are rescinded: Provided, That the following

22 proviso in Public Law 103–331 under this heading is re23 pealed, ‘‘Provided further, That of the funds available

24 under this head, $17,500,000 is available only for perma-
43

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1 nent change of station moves for members of the air traf2 fic work force’’.

3 FACILITIES AND EQUIPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (RESCISSION)

6 Of the available balances under this heading,

7 $31,850,000 are rescinded.

8 RESEARCH, ENGINEERING, AND DEVELOPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 (RESCISSION)

11 Of the available balances under this heading,

12 $7,500,000 are rescinded.

13 GRANTS-IN-AID FOR AIRPORTS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 (RESCISSION)

16 Of the available contract authority balances under

17 this account, $1,300,000,000 are rescinded.

18 FEDERAL HIGHWAY ADMINISTRATION

19 LIMITATION ON GENERAL OPERATING EXPENSES

20 (RESCISSION)

21 The obligation limitation under this heading in Public

22 Law 103–331 is hereby reduced by $45,950,000.
44

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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 (RESCISSION)

5 The obligation limitation under this heading in Public

6 Law 103–331 is hereby reduced by $123,590,000, of

7 which $27,640,000 shall be deducted from amounts made

8 available for the Applied Research and Technology Pro9 gram authorized under section 307(e) of title 23, United

10 States Code, and $50,000,000 shall be deducted from the

11 amounts available for the Congestion Pricing Pilot Pro12 gram authorized under section 1002(b) of Public Law

13 102–240, and $45,950,000 shall be deducted from the

14 limitation on General Operating Expenses: Provided, That

15 the amounts deducted from the aforementioned programs

16 are rescinded.

17 FEDERAL-AID HIGHWAYS

18 EMERGENCY RELIEF PROGRAM

19 (HIGHWAY TRUST FUND)

20 (RESCISSION)

21 Of the amounts provided under this heading in Public

22 Law 103–211, $50,000,000 are rescinded.
45

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1 NATIONAL HIGHWAY TRAFFIC SAFETY

2 ADMINISTRATION

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (HIGHWAY TRUST FUND)

5 (RESCISSION)

6 Of the available balances of contract authority under

7 this heading, $20,000,000 are rescinded.

8 FEDERAL RAILROAD ADMINISTRATION

9 OFFICE OF THE ADMINISTRATOR

10 (TRANSFER OF FUNDS)

11 Section 341 of Public Law 103–331 is amended by

12 deleting ‘‘and received from the Delaware and Hudson

13 Railroad,’’ after ‘‘amended,’’.

14 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

15 (RESCISSION)

16 Of the amounts provided under this heading in Public

17 Law 103–331, $7,768,000 are rescinded.

18 NATIONAL MAGNETIC LEVITATION PROTOTYPE

19 DEVELOPMENT PROGRAM

20 (HIGHWAY TRUST FUND)

21 (RESCISSION)

22 Of the available balances of contract authority under

23 this heading, $250,000,000 are rescinded.
46

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1 FEDERAL TRANSIT ADMINISTRATION

2 DISCRETIONARY GRANTS

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (RESCISSION)

6 The obligation limitation under this heading in Public

7 Law 103–331 is hereby reduced by $17,650,000: Pro8 vided, That such reduction shall be made from obligational

9 authority available to the Secretary for the replacement,

10 rehabilitation, and purchase of buses and related equip11 ment and the construction of bus-related facilities.

12 Notwithstanding Section 313 of Public Law 103–

13 331, the obligation limitations under this heading in the

14 following Department of Transportation and Related

15 Agencies Appropriations Acts are reduced by the following

16 amounts:

17 Public Law 102–143, $62,833,000, to be distributed

18 as follows:

19 (a) $2,563,000, for the replacement, rehabilita20 tion, and purchase of buses and related equipment

21 and the construction of bus-related facilities: Pro22 vided, That the foregoing reduction shall be distrib23 uted according to the reductions identified in Senate

24 Report 104–17, for which the obligation limitation

25 in Public Law 102–143 was applied; and
47

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1 (b) $60,270,000, for new fixed guideway sys2 tems, to be distributed as follows:

3 $2,000,000, for the Cleveland Dual Hub

4 Corridor Project;

5 $930,000, for the Kansas City-South LRT

6 Project;

7 $1,900,000, for the San Diego Mid-Coast

8 Extension Project;

9 $34,200,000, for the Hawthorne-Warwick

10 Commuter Rail Project;

11 $8,000,000, for the San Jose-Gilroy Com12 muter Rail Project;

13 $3,240,000, for the Seattle-Tacoma Com14 muter Rail Project; and

15 $10,000,000, for the Detroit LRT Project.

16 Public Law 101–516, $4,460,000, for new fixed

17 guideway systems, to be distributed as follows:

18 $4,460,000 for the Cleveland Dual Hub Cor19 ridor Project.

20 GENERAL PROVISIONS

21 (INCLUDING RESCISSIONS)

22 SEC. 901. Of the funds provided in Public Law 103–

23 331 for the Department of Transportation working capital

24 fund (WCF), $4,000,000 are rescinded, which limits fiscal

25 year 1995 WCF obligational authority for elements of the
48

S 617 RS

1 Department of Transportation funded in Public Law 103–

2 331 to no more than $89,000,000.

3 SEC. 902. Of the total budgetary resources available

4 to the Department of Transportation (excluding the Mari5 time Administration) during fiscal year 1995 for civilian

6 and military compensation and benefits and other admin7 istrative expenses, $10,000,000 are permanently canceled.

8 SEC. 903. Section 326 of Public Law 103–122 is

9 hereby amended to delete the words ‘‘or previous Acts’’

10 each time they appear in that section.

11 CHAPTER X

12 TREASURY, POSTAL SERVICE, AND GENERAL

13 GOVERNMENT

14 INDEPENDENT AGENCIES

15 GENERAL SERVICES ADMINISTRATION

16 FEDERAL BUILDINGS FUND

17 (TRANSFER OF FUNDS)

18 Of the funds made available for the Federal Build19 ings Fund in Public Law 103–329, $5,000,000 shall be

20 made available by the General Services Administration to

21 implement an agreement between the Food and Drug Ad22 ministration and another entity for space, equipment and

23 facilities related to seafood research.
49

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1 OFFICE OF PERSONNEL MANAGEMENT

2 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

3 LIFE INSURANCE BENEFITS

4 For an additional amount for ‘‘Government payment

5 for annuitants, employee life insurance’’, $9,000,000 to

6 remain available until expended.

7 DEPARTMENT OF THE TREASURY

8 DEPARTMENTAL OFFICES

9 SALARIES AND EXPENSES

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–329, $100,000 are rescinded.

13 FINANCIAL MANAGEMENT SERVICE

14 SALARIES AND EXPENSES

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–329, $160,000 are rescinded.

18 UNITED STATES MINT

19 SALARIES AND EXPENSES

20 (TRANSFER OF FUNDS)

21 In the paragraph under this heading in Public Law

22 103–329, insert ‘‘not to exceed’’ after ‘‘of which’’.
50

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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 SALARIES AND EXPENSES

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–123, $1,500,000 are rescinded.

7 INTERNAL REVENUE SERVICE

8 INFORMATION SYSTEMS

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–329, $1,490,000 are rescinded.

12 ADMINISTRATIVE PROVISION—INTERNAL REVENUE

13 SERVICE

14 In the paragraph under this heading in Public Law

15 103–329, in section 3, after ‘‘$119,000,000’’, insert ‘‘an16 nually’’.

17 EXECUTIVE OFFICE OF THE PRESIDENT AND

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 THE WHITE HOUSE OFFICE

20 SALARIES AND EXPENSES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–329, $171,000 are rescinded.
51

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1 FEDERAL DRUG CONTROL PROGRAMS

2 SPECIAL FORFEITURE FUND

3 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

4 For activities authorized by Public Law 100–690, an

5 additional amount of $13,200,000, to remain available

6 until expended for transfer to the United States Customs

7 Service, ‘‘Salaries and expenses’’ for carrying out border

8 enforcement activities: Provided, That of the funds made

9 available under this heading in Public Law 103–329,

10 $13,200,000 are rescinded.

11 INDEPENDENT AGENCIES

12 GENERAL SERVICES ADMINISTRATION

13 FEDERAL BUILDINGS FUND

14 LIMITATIONS ON THE AVAILABILITY OF REVENUE

15 (RESCISSIONS)

16 Of the funds made available under this heading in

17 Public Laws 101–136, 101–509, 102–27, 102–141, 103–

18 123, 102–393, 103–329, $241,011,000 are rescinded from

19 the following projects in the following amounts:

20 Arizona:

21 Lukeville, commercial lot expansion, $1,219,000

22 San Luis, primary lane expansion and adminis23 trative office space, $3,496,000

24 Sierra Vista, U.S. Magistrates office,

25 $1,000,000

26 California:
52

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1 Menlo Park, United States Geological Survey,

2 office laboratory buildings, $980,000

3 San Francisco, U.S. Court of Appeals annex,

4 $9,003,000

5 District of Columbia:

6 Central and West heating plants, $5,000,000

7 Corps of Engineers, headquarters, $25,000,000

8 General Service Administration, Southeast Fed9 eral Center, headquarters, $25,000,000

10 U.S. Secret Service, headquarters, $8,900,000

11 Georgia:

12 Atlanta, Centers for Disease Control, site acqui13 sition and improvement, $25,890,000

14 Atlanta, Centers for Disease Control,

15 $14,110,000

16 Florida:

17 Tampa, U.S. Courthouse, $5,994,000

18 Illinois:

19 Chicago, Federal Center, $7,000,000

20 Indiana:

21 Hammond, U.S. Courthouse, $26,000,000

22 Maryland:

23 Avondale, DeLaSalle building, $16,671,000

24 Massachusetts:

25 Boston, U.S. Courthouse, $4,076,000
53

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1 Nevada:

2 Reno, Federal building—U.S. Courthouse,

3 $1,465,000

4 New Hampshire:

5 Concord, Federal building—U.S. Courthouse,

6 $3,519,000

7 North Dakota:

8 Fargo, U.S. Courthouse, $1,371,000

9 Ohio:

10 Youngstown, Federal building and U.S. Court11 house, site acquisition and design, $4,574,000

12 Steubenville, U.S. Courthouse, $2,280,000

13 Oregon:

14 Portland, U.S. Courthouse, $5,000,000

15 Pennsylvania:

16 Philadelphia, Veterans Administration,

17 $1,276,000

18 Rhode Island:

19 Providence, Kennedy Plaza Federal Courthouse,

20 $7,740,000

21 Tennessee:

22 Greeneville, U.S. Courthouse, $2,936,000

23 Texas:

24 Ysleta, site acquisition and construction,

25 $1,727,000
54

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1 U.S. Virgin Islands:

2 Charlotte Amalie, St. Thomas, U.S. Courthouse

3 Annex, $2,184,000

4 Nationwide chlorofluorocarbons program,

5 $12,300,000

6 Nationwide energy program, $15,300,000.

7 OFFICE OF PERSONNEL MANAGEMENT

8 SALARIES AND EXPENSES

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–329, $3,140,000 are rescinded.

12 CHAPTER XI

13 DEPARTMENTS OF VETERANS AFFAIRS AND

14 HOUSING AND URBAN DEVELOPMENT, AND

15 INDEPENDENT AGENCIES

16 FEDERAL EMERGENCY MANAGEMENT AGENCY

17 DISASTER RELIEF

18 For an additional amount for ‘‘Disaster Relief’’ for

19 necessary expenses in carrying out the functions of the

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5121 et seq.), $1,900,000,000, to re22 main available until expended: Provided, That such

23 amount is designated by Congress as an emergency re24 quirement pursuant to section 251(b)(2)(D)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985,

26 as amended.
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1 DISASTER RELIEF EMERGENCY CONTINGENCY FUND

2 For necessary expenses in carrying out the functions

3 of the Robert T. Stafford Disaster Relief and Emergency

4 Assistance Act (42 U.S.C. 5121 et seq.), $4,800,000,000,

5 to become available on October 1, 1995, and remain avail6 able until expended: Provided, That such amount shall be

7 available only to the extent that an official budget request

8 for a specific dollar amount, that includes designation of

9 the entire amount of the request as an emergency require10 ment as defined in the Balanced Budget and Emergency

11 Deficit Control Act of 1985, as amended, is transmitted

12 by the President to Congress: Provided further, That such

13 amount is designated by Congress as an emergency re14 quirement pursuant to section 251(b)(2)(D)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985,

16 as amended.

17 NATIONAL FLOOD INSURANCE FUND

18 (TRANSFER OF FUNDS)

19 Of the funds available from the National Flood Insur20 ance Fund for activities under the National Flood Insur21 ance Reform Act of 1994, an additional amount not to

22 exceed $331,000 shall be transferred as needed to the

23 ‘‘Salaries and expenses’’ appropriation for flood mitigation

24 and flood insurance operations, and an additional amount

25 not to exceed $5,000,000 shall be transferred as needed

26 to the ‘‘Emergency management planning and assistance’’
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1 appropriation for flood mitigation expenses pursuant to

2 the National Flood Insurance Reform Act of 1994.

3 DEPARTMENT OF VETERANS AFFAIRS

4 VETERANS HEALTH ADMINISTRATION

5 MEDICAL CARE

6 (RESCISSION)

7 Of the funds made available under this heading in

8 Public Law 103–327, $50,000,000 are rescinded: Pro9 vided, That $20,000,000 of this amount is to be taken

10 from the $771,000,000 earmarked for the equipment and

11 land and structures object classifications, which amount

12 does not become available until August 1, 1995: Provided

13 further, That of the $16,214,684,000 made available

14 under this heading in Public Law 103–327, the

15 $9,920,819,000 restricted by section 509 of Public Law

16 103–327 for personnel compensation and benefits expendi17 tures is reduced to $9,890,819,000.

18 DEPARTMENTAL ADMINISTRATION

19 CONSTRUCTION, MAJOR PROJECTS

20 (RESCISSION)

21 Of the funds made available under this heading in

22 Public Law 103–327 and prior years, $50,000,000 are re23 scinded.
57

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1 DEPARTMENT OF HOUSING AND URBAN

2 DEVELOPMENT

3 HOUSING PROGRAMS

4 NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION

5 PROGRAM

6 (RESCISSION)

7 Of the funds made available under this heading in

8 Public Law 103–327, $50,000,000 are rescinded.

9 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–327 and any unobligated balances from

13 funds appropriated under this heading in prior years,

14 $451,000,000 of funds for development or acquisition

15 costs of public housing (including public housing for In16 dian families) are rescinded, except that such rescission

17 shall not apply to funds for replacement housing for units

18 demolished, reconstructed, or otherwise disposed of (in19 cluding units to be disposed of pursuant to a homeowner20 ship program under section 5(h) or title III of the United

21 States Housing Act of 1937) from the existing public

22 housing inventory, or to funds related to litigation settle23 ments or court orders, and the Secretary shall not be re24 quired to make any remaining funds available pursuant

25 to section 213(d)(1)(A) of the Housing and Community

26 Development Act of 1994; $2,406,789,000 of funds for
58

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1 new incremental rental subsidy contracts under the section

2 8 existing housing certificate program (42 U.S.C. 1437f)

3 and the housing voucher program under section 8(o) of

4 the Act (42 U.S.C. 1437f(o)), including $100,000,000

5 from new programs and $350,000,000 from pension fund

6 rental assistance as provided in Public Law 103–327, are

7 rescinded, and the remaining authority for such purposes

8 shall be only for units necessary to provide housing assist9 ance for residents to be relocated from existing Federally

10 subsidized or assisted housing, for replacement housing

11 for units demolished, reconstructed, or otherwise disposed

12 of (including units to be disposed of pursuant to a home13 ownership program under section 5(h) or title III of the

14 United States Housing Act of 1937) from the public hous15 ing inventory, for funds related to litigation settlements

16 or court orders, for amendments to contracts to permit

17 continued assistance to participating families, or to enable

18 public housing authorities to implement ‘‘mixed popu19 lation’’ plans for developments housing primarily elderly

20 residents; $500,000,000 of funds for expiring contracts

21 for the tenant-based existing housing certificate program

22 (42 U.S.C. 1437f) and the housing voucher program

23 under section 8(o) of the Act (42 U.S.C. 1437f(o)), pro24 vided under the heading ‘‘Assistance for the renewal of

25 expiring section 8 subsidy contracts’’ are rescinded, and
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1 the Secretary shall require that $500,000,000 of funds

2 held as project reserves by the local administering housing

3 authorities which are in excess of current needs shall be

4 utilized for such renewals; $835,150,000 of amounts ear5 marked for the modernization of existing public housing

6 projects pursuant to section 14 of the United States Hous7 ing Act of 1937 are rescinded and the Secretary may take

8 actions necessary to assure that such rescission is distrib9 uted among public housing authorities, to the extent prac10 ticable, as if such rescission occurred prior to the com11 mencement of the fiscal year; $106,000,000 of amounts

12 earmarked for special purpose grants are rescinded;

13 $152,500,000 of amounts earmarked for loan manage14 ment set-asides are rescinded; and $90,000,000 of

15 amounts earmarked for the lead-based paint hazard reduc16 tion program are rescinded.

17 (DEFERRAL)

18 Of funds made available under this heading in Public

19 Law 103–327 and any unobligated balances from funds

20 appropriated under this heading in prior years,

21 $465,100,000 of amounts earmarked for the preservation

22 of low-income housing programs (excluding $17,000,000

23 of previously earmarked, plus an additional $5,000,000,

24 for preservation technical assistance grant funds pursuant

25 to section 253 of the Housing and Community Develop26 ment Act of 1987, as amended) shall not become available
60

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1 for obligation until September 30, 1995: Provided, That,

2 notwithstanding any other provision of law, pending the

3 availability of such funds, the Department of Housing and

4 Urban Development may suspend further processing of

5 applications with the exception of applications regarding

6 properties for which an owner’s appraisal was submitted

7 on or before February 6, 1995, or for which a notice of

8 intent to transfer the property was filed on or before Feb9 ruary 6, 1995.

10 HOUSING COUNSELING ASSISTANCE

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–327, $38,000,000 are rescinded.

14 NEHEMIAH HOUSING OPPORTUNITIES FUND

15 (RESCISSION)

16 Of the funds transferred to this revolving fund in

17 prior years, $17,700,000 are rescinded.

18 ADMINISTRATIVE PROVISIONS

19 Section 14 of the United States Housing Act of 1937

20 is amended by adding at the end the following new sub21 section:

22 ‘‘(q)(1) Notwithstanding any other provision of law,

23 a public housing agency may use modernization assistance

24 provided under section 14 for any eligible activity cur25 rently authorized by this Act or applicable appropriation

26 Acts (including section 5 replacement housing) for a pub-
61

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1 lic housing agency, including the demolition of existing

2 units, for replacement housing, for temporary relocation

3 assistance, for drug elimination activities, and in conjunc4 tion with other programs; provided the public housing

5 agency consults with the appropriate local government of6 ficials (or Indian tribal officials) and with tenants of the

7 public housing development. The public housing agency

8 shall establish procedures for consultation with local gov9 ernment officials and tenants.

10 ‘‘(2) The authorization provided under this sub11 section shall not extend to the use of public housing mod12 ernization assistance for public housing operating assist13 ance.’’.

14 The above amendment shall be effective for assist15 ance appropriated on or before the effective date of this

16 Act.

17 Section 18 of the United States Housing Act of 1937

18 is amended by—

19 (1) inserting ‘‘and’’ at the end of subsection

20 (b)(1);

21 (2) striking all that follows after ‘‘Act’’ in sub22 section (b)(2) and inserting in lieu thereof the fol23 lowing: ‘‘, and the public housing agency provides

24 for the payment of the relocation expenses of each

25 tenant to be displaced, ensures that the rent paid by
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1 the tenant following relocation will not exceed the

2 amount permitted under this Act and shall not com3 mence demolition or disposition of any unit until the

4 tenant of the unit is relocated;’’;

5 (3) striking subsection (b)(3);

6 (4) striking ‘‘(1)’’ in subsection (c);

7 (5) striking subsection (c)(2);

8 (6) inserting before the period at the end of

9 subsection (d) the following: ‘‘, provided that noth10 ing in this section shall prevent a public housing

11 agency from consolidating occupancy within or

12 among buildings of a public housing project, or

13 among projects, or with other housing for the pur14 pose of improving the living conditions of or provid15 ing more efficient services to its tenants’’;

16 (7) striking ‘‘under section (b)(3)(A)’’ in each

17 place it occurs in subsection (e);

18 (8) redesignating existing subsection (f) as sub19 section (g); and

20 (9) inserting a new subsection (f) as follows:

21 ‘‘(f) Notwithstanding any other provision of law, re22 placement housing units for public housing units demol23 ished may be built on the original public housing site or

24 the same neighborhood if the number of such replacement
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1 units is significantly fewer than the number of units de2 molished.’’.

3 Section 304(g) of the United States Housing Act of

4 1937 is hereby repealed.

5 The above two amendments shall be effective for

6 plans for the demolition, disposition or conversion to

7 homeownership of public housing approved by the Sec8 retary on or before September 30, 1995.

9 Section 8 of the United States Housing Act of 1937

10 is amended by adding the following new subsection:

11 ‘‘(z) TERMINATION OF SECTION 8 CONTRACTS AND

12 REUSE OF RECAPTURED BUDGET AUTHORITY.—

13 ‘‘(1) GENERAL AUTHORITY.—The Secretary

14 may reuse any budget authority, in whole or part,

15 that is recaptured on account of termination of a

16 housing assistance payments contract (other than a

17 contract for tenant-based assistance) only for one or

18 more of the following:

19 ‘‘(A) TENANT-BASED ASSISTANCE.—Pur20 suant to a contract with a public housing agen21 cy, to provide tenant-based assistance under

22 this section to families occupying units formerly

23 assisted under the terminated contract.

24 ‘‘(B) PROJECT-BASED ASSISTANCE.—Pur25 suant to a contract with an owner, to attach as-
64

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1 sistance to one or more structures under this

2 section.

3 ‘‘(2) FAMILIES OCCUPYING UNITS FORMERLY

4 ASSISTED UNDER TERMINATED CONTRACT.—Pursu5 ant to paragraph (1), the Secretary shall first make

6 available tenant- or project-based assistance to fami7 lies occupying units formerly assisted under the ter8 minated contract. The Secretary shall provide

9 project-based assistance in instances only where the

10 use of tenant-based assistance is determined to be

11 infeasible by the Secretary.

12 ‘‘(3) EFFECTIVE DATE.—This subsection shall

13 be effective for actions initiated by the Secretary on

14 or before September 30, 1995.’’.

15 INDEPENDENT AGENCIES

16 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

17 SALARIES AND EXPENSES

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 103–327, $500,000 are rescinded.
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1 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 FUND

4 PROGRAM ACCOUNT

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–327, $124,000,000 are rescinded.

8 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

9 NATIONAL AND COMMUNITY SERVICE PROGRAMS

10 OPERATING EXPENSES

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–327, $210,000,000 are rescinded.

14 ENVIRONMENTAL PROTECTION AGENCY

15 RESEARCH AND DEVELOPMENT

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 103–327, $9,635,000 are rescinded.

19 ABATEMENT, CONTROL, AND COMPLIANCE

20 (RESCISSION)

21 Of the funds made available under this heading in

22 Public Law 103–327, $9,806,805 are rescinded: Provided,

23 That notwithstanding any other provision of law, the En24 vironmental Protection Agency shall not be required to

25 site a computer to support the regional acid deposition

26 monitoring program in the Bay City, Michigan, vicinity.
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1 BUILDINGS AND FACILITIES

2 (RESCISSIONS)

3 Of the funds made available under this heading in

4 Public Law 102–389 and Public Law 102–139 for the

5 Center for Ecology Research and Training, $83,000,000

6 are rescinded.

7 HAZARDOUS SUBSTANCE SUPERFUND

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–327, $100,000,000 are rescinded.

11 WATER INFRASTRUCTURE/STATE REVOLVING FUNDS

12 (RESCISSIONS)

13 Of the funds made available under this heading in

14 Public Law 103–327 and Public Law 103–124,

15 $1,242,095,000 are rescinded: Provided, That

16 $799,000,000 of this amount is to be derived from

17 amounts appropriated for state revolving funds and

18 $443,095,000 is to be derived from amounts appropriated

19 for making grants for the construction of wastewater

20 treatment facilities specified in House Report 103–715.

21 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22 SCIENCE, AERONAUTICS AND TECHNOLOGY

23 (RESCISSION)

24 Of the funds made available under this heading in

25 Public Law 103–327 and any unobligated balances from
67

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1 funds appropriated under ‘‘Research and Development’’ in

2 prior years, $68,000,000 are rescinded.

3 CONSTRUCTION OF FACILITIES

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 102–389, for the Consortium for International

7 Earth Science Information Network, $27,000,000 are re8 scinded; and any unobligated balances from funds appro9 priated under this heading in prior years, $49,000,000 are

10 rescinded.

11 NATIONAL AERONAUTICAL FACILITIES

12 The first proviso under this heading in Public Law

13 103–127 is repealed, and the amounts made available

14 under this heading are to remain available until Septem15 ber 30, 1997.

16 MISSION SUPPORT

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–327, $6,000,000 are rescinded.

20 NATIONAL SCIENCE FOUNDATION

21 ACADEMIC RESEARCH INFRASTRUCTURE

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–327, $131,867,000 are rescinded.
68

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1 CORPORATIONS

2 FEDERAL DEPOSIT INSURANCE CORPORATION

3 FDIC AFFORDABLE HOUSING PROGRAM

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–327, $11,281,034 are rescinded.

7 TITLE II—GENERAL PROVISIONS

8 SEC. 2001. TIMBER SALES.

9 (a) SALVAGE TIMBER.—

10 (1) DEFINITION.—In this subsection, the term

11 ‘‘salvage timber sale’’—

12 (A) means a timber sale for which an im13 portant reason for entry includes the removal of

14 disease- or insect-infested trees, dead, damaged,

15 or downed trees, or trees affected by fire or im16 minently susceptible to fire or insect attack;

17 and

18 (B) includes the removal of associated

19 trees or trees lacking the characteristics of a

20 healthy and viable ecosystem for the purpose of

21 ecosystem improvement or rehabilitation, except

22 that any such sale must include an identifiable

23 salvage component of trees described in the

24 first sentence.

25 (2) DIRECTION TO COMPLETE SALVAGE TIMBER

26 SALES.—Notwithstanding any other law (including a
69

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1 law under the authority of which any judicial order

2 may be outstanding on or after the date of enact3 ment of this Act), the Secretary of Agriculture, act4 ing through the Chief of the Forest Service, and the

5 Secretary of the Interior, acting through the Direc6 tor of the Bureau of Land Management, shall—

7 (A) expeditiously prepare, offer, and award

8 salvage timber sale contracts on Federal lands

9 (except land designated as a Federal wilderness

10 area); and

11 (B) perform the appropriate revegetation

12 and tree planting operations in the area in

13 which the salvage operations occurred.

14 (3) SALE DOCUMENTATION.—

15 (A) IN GENERAL.—For each salvage tim16 ber sale conducted under paragraph (2), the

17 Secretary concerned shall prepare a document

18 that combines an environmental assessment

19 under section 102(2) of the National Environ20 mental Policy Act of 1969 (42 U.S.C.

21 4332(2)(E)) (including regulations implement22 ing that section) and a biological evaluation

23 under section 7(a)(2) of the Endangered Spe24 cies Act of 1973 (16 U.S.C. 1536(a)(2)) and
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1 other applicable Federal law and implementing

2 regulations.

3 (B) MATTERS TO BE CONSIDERED.—The

4 environmental assessment and biological evalua5 tion under subparagraph (A) shall, at the sole

6 discretion of the Secretary concerned and to the

7 extent that the Secretary concerned considers

8 appropriate and feasible, consider the environ9 mental effects of the salvage timber sale and

10 consider the effect, if any, on threatened or en11 dangered species.

12 (C) USE OF PREVIOUSLY PREPARED DOCU13 MENT.— In lieu of preparing a new document

14 under this paragraph, the Secretary concerned

15 may use a document prepared pursuant to the

16 National Environmental Policy Act of 1969 be17 fore the date of the enactment of this Act, a bi18 ological evaluation written before that date, or

19 information collected for such a document or

20 evaluation if the document, evaluation, or infor21 mation applies to the Federal lands covered by

22 the proposed sale. Any salvage sale in prepara23 tion on the date of enactment of this Act shall

24 be subject to the provisions of this section.
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1 (D) SCOPE AND CONTENT.—The scope and

2 content of the documentation and information

3 prepared, considered, and relied on under this

4 paragraph is at the sole discretion of the Sec5 retary concerned.

6 (4) VOLUME.—In each of fiscal years 1995 and

7 1996—

8 (A) the Secretary of Agriculture, acting

9 through the Chief of the Forest Service, shall—

10 (i) prepare, offer, and award salvage

11 timber sale contracts under paragraph (1)

12 on Forest Service lands to the maximum

13 extent feasible to reduce the backlogged

14 volume of salvage timber as described in

15 paragraph (i); and

16 (B) the Secretary of the Interior, acting

17 through the Director of the Bureau of Land

18 Management, shall—

19 (i) prepare, offer, and award salvage

20 timber sale contracts under paragraph (1)

21 on Bureau of Land Management lands to

22 the maximum extent feasible to reduce the

23 backlogged volume of salvage timber as de24 scribed in paragraph (i).
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1 (5) EFFECT ON OTHER LAWS.—Any timber sale

2 prepared, advertised, offered, awarded, or operated

3 in accordance with paragraph (1) shall be deemed to

4 satisfy the requirements of all applicable Federal

5 laws (including regulations), including—

6 (A) the Forest and Rangeland Renewable

7 Resources Planning Act of 1974 (16 U.S.C.

8 1600 et seq.);

9 (B) the Federal Land Policy Management

10 Act of 1976 (43 U.S.C. 1701 et seq.);

11 (C) the National Environmental Policy Act

12 of 1969 (42 U.S.C. 4331 et seq.);

13 (D) the Endangered Species Act of 1973

14 (16 U.S.C. 1531 et seq.);

15 (E) the National Forest Management Act

16 (16 U.S.C. 472a et seq.);

17 (F) the Multiple-Use Sustained Yield Act

18 (16 U.S.C. 528 et seq.); and

19 (G) other Federal environmental laws.

20 (6) SALE PREPARATION.—The Secretary con21 cerned shall make use of all available authority, in22 cluding the employment of private contractors and

23 the use of expedited fire contracting procedures, to

24 prepare and advertise salvage timber sales under

25 this subsection. The provisions of section 3(d)(1) of
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1 the Federal Workforce Restructuring Act of 1994

2 (Public Law 103–226) shall not apply to any former

3 employee of the Department of the Secretary con4 cerned who received a voluntary separation incentive

5 payment authorized by such Act and accepts employ6 ment pursuant to this paragraph.

7 (7) REPORTING REQUIREMENTS.—Each Sec8 retary shall report to the Committee on Appropria9 tions and the Committee on Resources of the House

10 of Representatives, and the Committee on Appro11 priations and the Committee on Energy and Natural

12 Resources of the United States Senate, 90 days

13 after the date of enactment of this Act and on the

14 final day of each 90 day period thereafter through15 out each of fiscal years 1995 and 1996, on the num16 ber of sales and volumes contained therein offered

17 during such 90 day period and expected to be of18 fered during the next 90 day period.

19 (b) OPTION 9.—

20 (1) DIRECTION TO COMPLETE TIMBER

21 SALES.—Notwithstanding any other law (including a

22 law under the authority of which any judicial order

23 may be outstanding on or after the date of enact24 ment of this Act), the Secretary of the Interior, act25 ing through the Director of the Bureau of Land
74

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1 Management, and the Secretary of Agriculture, act2 ing through the Chief of the Forest Service, shall ex3 peditiously prepare, offer, and award timber sale

4 contracts on Federal lands in the forests specified

5 within Option 9, as selected by the Secretary of the

6 Interior and the Secretary of Agriculture on April

7 13, 1994.

8 (2) EFFECT ON OTHER LAWS.—Any timber

9 sale prepared, advertised, offered, awarded, or oper10 ated in accordance with paragraph (1) shall be

11 deemed to satisfy the requirements of all applicable

12 Federal laws (including regulations), including—

13 (A) the Forest and Rangeland Renewable

14 Resources Planning Act of 1974 (16 U.S.C.

15 1600 et seq.);

16 (B) the Federal Land Policy Management

17 Act of 1976 (43 U.S.C. 1701 et seq.);

18 (C) the National Environmental Policy Act

19 of 1969 (42 U.S.C. 4331 et seq.);

20 (D) the Endangered Species Act of 1973

21 (16 U.S.C. 1531 et seq.);

22 (E) the National Forest Management Act

23 (16 U.S.C. 472a et seq.);

24 (F) the Multiple-Use Sustained Yield Act

25 (16 U.S.C. 528 et seq.); and
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1 (G) other Federal environmental laws.

2 (c) JUDICIAL AND ADMINISTRATIVE REVIEW.—

3 (1) JUDICIAL AUTHORITY.—

4 (A) RESTRAINING ORDERS AND PRELIMI5 NARY INJUNCTIONS.—No restraining order or

6 preliminary injunction shall be issued by any

7 court of the United States with respect to a de8 cision to prepare, advertise, offer, award, or op9 erate any timber sale offered under subsection

10 (a) or (b).

11 (B) PERMANENT INJUNCTIONS.—The

12 courts of the United States shall have authority

13 to enjoin permanently, order modification of, or

14 void an individual sale under subsection (a) or

15 (b) if, at a trial on the merits, it has been de16 termined that the decision to prepare, advertise,

17 offer, award, or operate the sale was arbitrary,

18 capricious, or otherwise not in accordance with

19 law.

20 (2) TIME AND VENUE FOR CHALLENGE.—

21 (A) IN GENERAL.—Any challenge to a tim22 ber sale under subsection (a) or (b) shall be

23 brought as a civil action in the United States

24 district court for the district in which the af25 fected Federal lands are located within 15 days
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1 after the date of the initial advertisement of the

2 challenged timber sale.

3 (B) NO WAIVER.—The Secretary of the In4 terior and the Secretary of Agriculture may not

5 agree to, and a court may not grant, a waiver

6 the requirements of subparagraph (A).

7 (3) STAY OF ADMINISTRATIVE ACTION.—Dur8 ing the 45-day period after the date of filing of a

9 civil action under paragraph (2), the affected agency

10 shall take no action to award a challenged timber

11 sale.

12 (4) TIME FOR DECISION.—A civil action filed

13 under this section shall be assigned for hearing at

14 the earliest possible date, and the court shall render

15 its final decision relative to any challenge within 45

16 days after the date on the action is brought, unless

17 the court determines that a longer period of time is

18 required to satisfy the requirements of the United

19 States Constitution.

20 (5) EXPEDITING RULES.—The court may estab21 lish rules governing the procedures for a civil action

22 under paragraph (2) that set page limits on briefs

23 and time limits on filing briefs, motions, and other

24 papers that are shorter than the limits specified in
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1 the Federal Rules of Civil Procedure or Federal

2 Rules of Appellate Procedure.

3 (6) SPECIAL MASTERS.—In order to reach a de4 cision within 45 days, the court may assign all or

5 part of any proceeding under this subsection to 1 or

6 more special masters for prompt review and rec7 ommendations to the court.

8 (7) NO ADMINISTRATIVE REVIEW.—A timber

9 sale conducted under subsection (a) or (b), and any

10 decision of the Secretary of Agriculture or the Sec11 retary of the Interior in connection with the sale,

12 shall not be subject to administrative review.

13 (d) EXPIRATION DATE.—Subsection (a) and (b) shall

14 expire effective as of September 30, 1996, but the terms

15 and conditions of those subsections shall continue in effect

16 with respect to timber sale contracts offered under this

17 Act until the completion of performance of the contracts.

18 (e) AWARD AND RELEASE OF PREVIOUSLY OFFERED

19 AND UNAWARDED TIMBER SALE CONTRACTS.—

20 (1) AWARD AND RELEASE REQUIRED.—Not21 withstanding any other law, within 30 days after the

22 date of the enactment of this Act, the Secretary con23 cerned shall act to award, release, and permit to be

24 completed in fiscal years 1995 and 1996, with no

25 change in originally advertised terms and volumes,
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1 all timber sale contracts offered or awarded before

2 that date in any unit of the National Forest System

3 or district of the Bureau of Land Management sub4 ject to section 318 of Public Law 101–121 (103

5 Stat. 745).

6 (2) THREATENED OR ENDANGERED SPECIES.—

7 No sale unit shall be released or completed under

8 this subsection if any threatened or endangered spe9 cies is known to be nesting within the acreage that

10 is the subject of the sale unit.

11 (3) ALTERNATIVE OFFER IN CASE OF DELAY.—

12 If for any reason a sale cannot be released and com13 pleted under the terms of this subsection within 45

14 days after the date of enactment of this Act, the

15 Secretary of Agriculture or the Secretary of Interior,

16 as the case may be, shall provide the purchaser an

17 equal volume of timber, of like kind and value, which

18 shall be subject to the terms of the original contract,

19 and shall not count against current allowable sale

20 quantities.

21 (f) EFFECT ON PLANS, POLICIES, AND ACTIVI22 TIES.—Compliance with this section shall not require or

23 permit any revisions, amendment, consultation,

24 supplementation, or other administrative action in or for

25 any land management plan, standard, guideline, policy, re-
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1 gional guide or multi-forest plan because of implementa2 tion or impacts, site-specific or cumulative, of activities

3 authorized or required by this section. No project decision

4 shall be required to be halted or changed by such docu5 ments or guidance, implementation, or impacts.

6 SEC. 2002. Section 633 of the Treasury, Postal Serv7 ice and General Government Appropriations Act, 1995

8 (Public Law 103–329; 108 Stat. 2428) is amended by

9 adding at the end of the section the following new sub10 section:

11 ‘‘(g) Notwithstanding the provisions of subsection

12 (e)(1), any Office of Inspector General that employed less

13 than four criminal investigators on the date of the enact14 ment of this Act, and whose criminal investigators were

15 not receiving administratively uncontrollable overtime be16 fore such date of enactment, may provide availability pay

17 to those criminal investigators at any time after Septem18 ber 30, 1995.’’.

19 SEC. 2003. Section 5542 of title 5, United States

20 Code, is amended by striking subsection (d).

21 SEC. 2004. Section 5545a(c) of title 5, United States

22 Code, is amended by adding after the last sentence, ‘‘An

23 agency may direct a criminal investigator to work un24 scheduled duty hours on days when regularly scheduled

25 overtime is provided under section 5542, and that duty
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1 may be related to the duties for which the investigator

2 was scheduled or other duties based on the needs of the

3 agency.

4 SEC. 2005. Notwithstanding any other provision of

5 law, beginning 30 days from the date of enactment of this

6 Act and continuing thereafter, United States Customs

7 Service Pilots compensated for administratively uncontrol8 lable overtime under the provisions of section 5545(c) of

9 title 5, United States Code, shall be provided availability

10 pay authorized under the provisions of section 5545(a) of

11 title 5, United States Code, and all other provisions of

12 such title shall apply to such Customs Service pilots.

13 GENERAL PROVISIONS

14 SEC. 2006. None of the funds made available in any

15 appropriations Act for fiscal year 1995 may be used by

16 the Environmental Protection Agency to require any state

17 to comply with the requirement of section 182 of the Clean

18 Air Act by adopting or implementing a test-only or IM240

19 enhanced vehicle inspection and maintenance program, ex20 cept that EPA may approve such a program if a state

21 chooses to submit one to meet that requirement.

22 SEC. 2007. None of the funds made available in any

23 appropriations Act for fiscal year 1995 may be used by

24 the Environmental Protection Agency to impose or enforce
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1 any requirement that a state implement trip reduction

2 measures to reduce vehicular emissions.

3 SEC. 2008. None of the funds made available in any

4 appropriations Act for fiscal year 1995 may be used by

5 the Environmental Protection Agency for listing or to list

6 any additional facilities on the National Priorities List es7 tablished by section 105 of the Comprehensive Environ8 mental Response Compensation and Liability Act

9 (CERCLA), 42 U.S.C. 9605, unless the Administrator re10 ceives a written request to propose for listing or to list

11 a facility from the governor of the state in which the facil12 ity is located, or unless legislation to reauthorize CERCLA

13 is enacted.

14 SEC. 2009. No part of any appropriation contained

15 in this Act shall remain available for obligation beyond

16 the current fiscal year unless expressly so provided herein.

17 This Act may be cited as the ‘‘Second Supplemental

18 Appropriations and Rescissions Act, 1995’’.

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