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COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $88,000,000 are rescinded.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $105,000,000 are rescinded.
ENVIRONMENTAL PROTECTION AGENCY
RESEARCH AND DEVELOPMENT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $9,635,000 are rescinded.
ABATEMENT, CONTROL, AND COMPLIANCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $9,806,805 are rescinded: Provided,
That notwithstanding any other provision of law, the Envi-
ronmental Protection Agency shall not be required to site
a computer to support the regional acid deposition monitor-
ing program in the Bay City, Michigan, vicinity.
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BUILDINGS AND FACILITIES
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 102–389 and Public Law 102–139 for the Cen-
ter for Ecology Research and Training, $83,000,000 are re-
scinded.
HAZARDOUS SUBSTANCE SUPERFUND
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $100,000,000 are rescinded.
WATER INFRASTRUCTURE/STATE REVOLVING FUNDS
(RESCISSIONS)
Of the funds made available under this heading in
Public 
Law 
103–327 
and 
Public 
Law 
103–124,
$1,242,095,000 are rescinded: Provided, That $799,000,000
of this amount is to be derived from amounts appropriated
for State revolving funds and $443,095,000 is to be derived
from amounts appropriated for making grants for the con-
struction of wastewater treatment facilities specified in
House Report 103–715.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE, AERONAUTICS AND TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327 and any unobligated balances from
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funds appropriated under ‘‘Research and Development’’ in
prior years, $68,000,000 are rescinded.
CONSTRUCTION OF FACILITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 102–389, for the Consortium for International
Earth Science Information Network, $27,000,000 are re-
scinded; and any unobligated balances from funds appro-
priated under this heading in prior years, $49,000,000 are
rescinded.
NATIONAL AERONAUTICAL FACILITIES
The first proviso under this heading in Public Law
103–127 is repealed, and the amounts made available under
this heading are to remain available until September 30,
1997.
MISSION SUPPORT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $6,000,000 are rescinded.
NATIONAL SCIENCE FOUNDATION
ACADEMIC RESEARCH INFRASTRUCTURE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $131,867,000 are rescinded.
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CORPORATIONS
FEDERAL DEPOSIT INSURANCE CORPORATION
FDIC AFFORDABLE HOUSING PROGRAM
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $11,281,034 are rescinded.
TITLE II—GENERAL PROVISIONS
SEC. 2001. TIMBER SALES.
(a) SALVAGE TIMBER.—
(1) DEFINITION.—In this subsection, the term
‘‘salvage timber sale’’—
(A) means a timber sale for which an im-
portant reason for entry includes the removal of
disease- or insect-infested trees, dead, damaged,
or downed trees, or trees affected by fire or im-
minently susceptible to fire or insect attack; and
(B) includes the removal of associated trees
or trees lacking the characteristics of a healthy
and viable ecosystem for the purpose of ecosystem
improvement or rehabilitation, except that any
such sale must include an identifiable salvage
component of trees described in the first sentence.
(2) DIRECTION TO COMPLETE SALVAGE TIMBER
SALES.—Notwithstanding any other law (including a
law under the authority of which any judicial order
may be outstanding on or after the date of enactment
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of this Act), the Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Sec-
retary of the Interior, acting through the Director of
the Bureau of Land Management, shall—
(A) expeditiously prepare, offer, and award
salvage timber sale contracts on Federal lands,
except in—
(i) any area on Federal lands included
in the National Wilderness Preservation
System;
(ii) any roadless area on Federal lands
designated by Congress for wilderness study
in Colorado or Montana;
(iii) any roadless area on Federal
lands recommended by the Forest Service or
Bureau of Land Management for wilderness
designation in its most recent land manage-
ment plan in effect as of the date of enact-
ment of this Act; or
(iv) any area on Federal lands on
which timber harvesting for any purpose is
prohibited by statute; and
(B) perform the appropriate revegetation
and tree planting operations in the area in
which the salvage operations occurred.
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(3) SALE DOCUMENTATION.—
(A) IN GENERAL.—For each salvage timber
sale conducted under paragraph (2), the Sec-
retary concerned shall prepare a document that
combines an environmental assessment under
section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(E)) (in-
cluding regulations implementing that section)
and a biological evaluation under section 7(a)(2)
of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) and other applicable Federal
law and implementing regulations.
(B) MATTERS
TO
BE
CONSIDERED.—The
environmental assessment and biological evalua-
tion under subparagraph (A) shall, at the sole
discretion of the Secretary concerned and to the
extent that the Secretary concerned considers ap-
propriate and feasible, consider the environ-
mental effects of the salvage timber sale and con-
sider the effect, if any, on threatened or endan-
gered species.
(C) USE OF PREVIOUSLY PREPARED DOCU-
MENT.—In lieu of preparing a new document
under this paragraph, the Secretary concerned
may use a document prepared pursuant to the
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National Environmental Policy Act of 1969 be-
fore the date of the enactment of this Act, a bio-
logical evaluation written before that date, or in-
formation collected for such a document or eval-
uation if the document, evaluation, or informa-
tion applies to the Federal lands covered by the
proposed sale. Any salvage sale in preparation
on the date of enactment of this Act shall be sub-
ject to the provisions of this section.
(D) SCOPE AND CONTENT.—The scope and
content of the documentation and information
prepared, considered, and relied on under this
paragraph is at the sole discretion of the Sec-
retary concerned.
(4) VOLUME.—In each of fiscal years 1995 and
1996—
(A) the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall—
(i) prepare, offer, and award salvage
timber sale contracts under paragraph (1)
on Forest Service lands to the maximum ex-
tent feasible to reduce the backlogged volume
of salvage timber as described in paragraph
(i); and
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(B) the Secretary of the Interior, acting
through the Director of the Bureau of Land
Management, shall—
(i) prepare, offer, and award salvage
timber sale contracts under paragraph (1)
on Bureau of Land Management lands to
the maximum extent feasible to reduce the
backlogged volume of salvage timber as de-
scribed in paragraph (i).
(5) EFFECT ON OTHER LAWS.—Any timber sale
prepared, advertised, offered, awarded, or operated in
accordance with paragraph (1) shall be deemed to sat-
isfy the requirements of all applicable Federal laws
(including regulations), including—
(A) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(B) the Federal Land Policy Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(C) the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.);
(D) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(E) the National Forest Management Act
(16 U.S.C. 472a et seq.);
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(F) the Multiple-Use Sustained Yield Act
(16 U.S.C. 528 et seq.); and
(G) other Federal environmental laws.
(6) SALE
PREPARATION.—The Secretary con-
cerned shall make use of all available authority, in-
cluding the employment of private contractors and the
use of expedited fire contracting procedures, to pre-
pare and advertise salvage timber sales under this
subsection. The provisions of section 3(d)(1) of the
Federal Workforce Restructuring Act of 1994 (Public
Law 103–226) shall not apply to any former em-
ployee of the Department of the Secretary concerned
who received a voluntary separation incentive pay-
ment authorized by such Act and accepts employment
pursuant to this paragraph. The Director of the Office
of Personnel Management, and the Secretary of the
relevant Department, shall provide a summary report
to the governmental affairs committees of the House
and Senate regarding the number of incentive pay-
ment recipients who were rehired, their terms of reem-
ployment, their job classifications, and an expla-
nation, in the judgment of the agencies, of how such
reemployment without repayment of the incentive
payments received is consistent with the original
waiver provision of Public Law 103–226.
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This report shall not be conducted in a manner that
would delay the rehiring of any former employees under
this Act, or effect the normal confidentiality of Federal em-
ployees.
(7) REPORTING
REQUIREMENTS.—Each Sec-
retary shall report to the Committee on Appropria-
tions and the Committee on Resources of the House
of Representatives, and the Committee on Appropria-
tions and the Committee on Energy and Natural Re-
sources of the United States Senate, 90 days after the
date of enactment of this Act and on the final day of
each 90 day period thereafter throughout each of fiscal
years 1995 and 1996, on the number of sales and vol-
umes contained therein offered during such 90 day
period and expected to be offered during the next 90
day period.
(b) OPTION 9.—
(1) DIRECTION TO COMPLETE TIMBER SALES.—
Notwithstanding any other law (including a law
under the authority of which any judicial order may
be outstanding on or after the date of enactment of
this Act), the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, and
the Secretary of Agriculture, acting through the Chief
of the Forest Service, shall expeditiously prepare,
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offer, and award timber sale contracts on Federal
lands in the forests specified within Option 9, as se-
lected by the Secretary of the Interior and the Sec-
retary of Agriculture on April 13, 1994.
(2) EFFECT ON OTHER LAWS.—Any timber sale
prepared, advertised, offered, awarded, or operated in
accordance with paragraph (1) shall be deemed to sat-
isfy the requirements of all applicable Federal laws
(including regulations), including—
(A) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(B) the Federal Land Policy Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(C) the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.);
(D) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(E) the National Forest Management Act
(16 U.S.C. 472a et seq.);
(F) the Multiple-Use Sustained Yield Act
(16 U.S.C. 528 et seq.); and
(G) other Federal environmental laws.
(c) JUDICIAL AND ADMINISTRATIVE REVIEW.—
(1) JUDICIAL AUTHORITY.—
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(A) RESTRAINING
ORDERS
AND
PRELIMI-
NARY
INJUNCTIONS.—No restraining order or
preliminary injunction shall be issued by any
court of the United States with respect to a deci-
sion to prepare, advertise, offer, award, or oper-
ate any timber sale offered under subsection (a)
or (b).
(B) PERMANENT INJUNCTIONS.—The courts
of the United States shall have authority to en-
join permanently, order modification of, or void
an individual sale under subsection (a) or (b) if,
at a trial on the merits, it has been determined
that the decision to prepare, advertise, offer,
award, or operate the sale was arbitrary, capri-
cious, or otherwise not in accordance with law.
(2) TIME AND VENUE FOR CHALLENGE.—
(A) IN GENERAL.—Any challenge to a tim-
ber sale under subsection (a) or (b) shall be
brought as a civil action in the United States
district court for the district in which the af-
fected Federal lands are located within 15 days
after the date of the initial advertisement of the
challenged timber sale.
(B) NO WAIVER.—The Secretary of the Inte-
rior and the Secretary of Agriculture may not
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agree to, and a court may not grant, a waiver
the requirements of subparagraph (A).
(3) STAY OF ADMINISTRATIVE ACTION.—During
the 45-day period after the date of filing of a civil ac-
tion under paragraph (2), the affected agency shall
take no action to award a challenged timber sale.
(4) TIME FOR DECISION.—A civil action filed
under this section shall be assigned for hearing at the
earliest possible date, and the court shall render its
final decision relative to any challenge within 45
days after the date on the action is brought, unless the
court determines that a longer period of time is re-
quired to satisfy the requirements of the United States
Constitution.
(5) EXPEDITING RULES.—The court may estab-
lish rules governing the procedures for a civil action
under paragraph (2) that set page limits on briefs
and time limits on filing briefs, motions, and other
papers that are shorter than the limits specified in
the Federal Rules of Civil Procedure or Federal Rules
of Appellate Procedure.
(6) SPECIAL MASTERS.—In order to reach a de-
cision within 45 days, the court may assign all or
part of any proceeding under this subsection to 1 or
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more special masters for prompt review and rec-
ommendations to the court.
(7) NO ADMINISTRATIVE REVIEW.—A timber sale
conducted under subsection (a) or (b), and any deci-
sion of the Secretary of Agriculture or the Secretary
of the Interior in connection with the sale, shall not
be subject to administrative review.
(d) EXPIRATION DATE.—Subsection (a) and (b) shall
expire effective as of September 30, 1996, but the terms and
conditions of those subsections shall continue in effect with
respect to timber sale contracts offered under this Act until
the completion of performance of the contracts.
(e) AWARD AND RELEASE OF PREVIOUSLY OFFERED
AND UNAWARDED TIMBER SALE CONTRACTS.—
(1) AWARD AND RELEASE REQUIRED.—Notwith-
standing any other law, within 30 days after the date
of the enactment of this Act, the Secretary concerned
shall act to award, release, and permit to be com-
pleted in fiscal years 1995 and 1996, with no change
in originally advertised terms and volumes, all timber
sale contracts offered or awarded before that date in
any unit of the National Forest System or district of
the Bureau of Land Management subject to section
318 of Public Law 101–121 (103 Stat. 745).
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(2) THREATENED OR ENDANGERED SPECIES.—
No sale unit shall be released or completed under this
subsection if any threatened or endangered species is
known to be nesting within the acreage that is the
subject of the sale unit.
(3) ALTERNATIVE OFFER IN CASE OF DELAY.—
If for any reason a sale cannot be released and com-
pleted under the terms of this subsection within 45
days after the date of enactment of this Act, the Sec-
retary of Agriculture or the Secretary of the Interior,
as the case may be, shall provide the purchaser an
equal volume of timber, of like kind and value, which
shall be subject to the terms of the original contract,
and shall not count against current allowable sale
quantities.
(f) EFFECT ON PLANS, POLICIES, AND ACTIVITIES.—
Compliance with this section shall not require or permit
any revisions, amendment, consultation, supplementation,
or other administrative action in or for any land manage-
ment plan, standard, guideline, policy, regional guide or
multi-forest plan because of implementation or impacts,
site-specific or cumulative, of activities authorized or re-
quired by this section. No project decision shall be required
to be halted or changed by such documents or guidance, im-
plementation, or impacts.
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SEC. 2002. Section 633 of the Treasury, Postal Service
and General Government Appropriations Act, 1995 (Public
Law 103–329; 108 Stat. 2428) is amended by adding at
the end of the section the following new subsection:
‘‘(g) Notwithstanding the provisions of subsection
(e)(1), any Office of Inspector General that employed less
than four criminal investigators on the date of the enact-
ment of this Act, and whose criminal investigators were not
receiving administratively uncontrollable overtime before
such date of enactment, may provide availability pay to
those criminal investigators at any time after September
30, 1995.’’.
SEC. 2003. Section 5542 of title 5, United States Code,
is amended by striking subsection (d).
SEC. 2004. Section 5545a(c) of title 5, United States
Code, is amended by adding after the last sentence, ‘‘An
agency may direct a criminal investigator to work unsched-
uled duty hours on days when regularly scheduled overtime
is provided under section 5542, and that duty may be relat-
ed to the duties for which the investigator was scheduled
or other duties based on the needs of the agency.
SEC. 2005. Notwithstanding any other provision of
law, beginning 30 days from the date of enactment of this
Act and continuing thereafter, United States Customs Serv-
ice Pilots compensated for administratively uncontrollable
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overtime under the provisions of section 5545(c) of title 5,
United States Code, shall be provided availability pay au-
thorized under the provisions of section 5545(a) of title 5,
United States Code, and all other provisions of such title
shall apply to such Customs Service pilots.
SEC. 2006. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by the
Environmental Protection Agency to require any State to
comply with the requirement of section 182 of the Clean
Air Act by adopting or implementing a test-only or IM240
enhanced vehicle inspection and maintenance program, ex-
cept that EPA may approve such a program if a State
chooses to submit one to meet that requirement.
SEC. 2007. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by the
Environmental Protection Agency to impose or enforce any
requirement that a State implement trip reduction meas-
ures to reduce vehicular emissions.
SEC. 2008. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by the
Environmental Protection Agency for listing or to list any
additional facilities on the National Priorities List estab-
lished by section 105 of the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), 42
U.S.C. 9605, unless the Administrator receives a written
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request to propose for listing or to list a facility from the
governor of the State in which the facility is located, or
unless legislation to reauthorize CERCLA is enacted.
SEC. 2009. 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. 2010. SENSE OF THE SENATE REGARDING TAX AVOID-
ANCE.
(a) IN GENERAL.—It is the sense of the Senate that
Congress should act as quickly as possible to amend the In-
ternal Revenue Code of 1986, to eliminate the ability of per-
sons to avoid taxes by relinquishing their United States
citizenship.
(b) EFFECTIVE DATE.—It is the sense of the Senate
that the amendment referred to in subsection (a) should take
effect as if enacted on February 6, 1995.
SEC. 2011. (a) As provided in subsection (b), an envi-
ronmental impact statement prepared pursuant to the Na-
tional Environmental Policy Act or a subsistence evalua-
tion prepared pursuant to the Alaska National Interest
Lands Conservation Act for a timber sale or offering to one
party shall be deemed sufficient if the Forest Service sells
the timber to an alternate buyer.
(b) The provision of this section shall apply to the tim-
ber specified in the Final Supplement to 1981–86 and
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1986–90 Operating Period EIS (‘‘1989 SEIS’’), November
1989; in the North and East Kuiu Final Environmental
Impact Statement, January 1993; in the Southeast
Chichagof Project Area Final Environmental Impact State-
ment, September 1992; and in the Kelp Bay Environmental
Impact Statement, February 1992, and supplemental eval-
uations related thereto.
SEC. 2012. FEDERAL ADMINISTRATIVE AND TRAVEL EX-
PENSES.
(RESCISSION)
Of the funds available to the agencies of the Federal
Government, $337,000,000 are hereby rescinded: Provided,
That rescissions pursuant to this paragraph shall be taken
only from administrative and travel accounts: Provided
further, That rescissions shall be taken on a pro rata basis
from funds available to every Federal agency, department,
and office, including the Office of the President.
SEC. 2013. (a) SCHEDULE FOR NEPA COMPLIANCE.—
Each National Forest System unit shall establish and ad-
here to a schedule for the completion of National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analysis
and decisions on all allotments within the National Forest
System unit for which NEPA analysis is needed. The sched-
ule shall provide that not more than 20 percent of the allot-
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ments shall undergo NEPA analysis and decisions through
fiscal year 1996.
(b) REISSUANCE PENDING NEPA COMPLIANCE.—Not-
withstanding any other law, term grazing permits which
expire or are waived before the NEPA analysis and decision
pursuant to the schedule developed by individual Forest
Service System units, shall be issued on the same terms and
conditions and for the full term of the expired or waived
permit. Upon completion of the scheduled NEPA analysis
and decision for the allotment, the terms and conditions of
existing grazing permits may be modified or re-issued, if
necessary to conform to such NEPA analysis.
(c) EXPIRED PERMITS.—This section shall only apply
to permits which were not extended or replaced with a new
term grazing permit solely because the analysis required by
NEPA and other applicable laws has not been completed
and also shall include permits that expired in 1994 and
1995 before the date of enactment of this Act.
SEC. 2014. Notwithstanding any other provision of
this Act, administrative expenses and travel shall further
be reduced by $5,500,000.
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TITLE III—IMPACT OF LEGISLATION ON
CHILDREN
SEC. 3001. SENSE OF CONGRESS.
It is the sense of Congress that Congress should not
enact or adopt any legislation that will increase the number
of children who are hungry or homeless.
TITLE IV—DEFICIT REDUCTION
DOWNWARD ADJUSTMENTS IN DISCRETIONARY SPENDING
LIMITS
SEC. 4001. Upon the enactment of this Act, the Direc-
tor of the Office of Management and Budget shall make
downward adjustments in the discretionary spending limits
(new budget authority and outlays) specified in section
601(a)(2) of the Congressional Budget Act of 1974 for each
of the fiscal years 1995 through 1998 by the aggregate
amount of estimated reductions in new budget authority
and outlays for discretionary programs resulting from the
provisions of this Act (other than emergency appropria-
tions) for such fiscal year, as calculated by the Director.
PROHIBITION ON USE OF SAVINGS TO OFFSET DEFICIT IN-
CREASES RESULTING FROM DIRECT SPENDING OR RE-
CEIPTS LEGISLATION
SEC. 4002. Reductions in outlays, and reductions in
the discretionary spending limits specified in section
601(a)(2) of the Congressional Budget Act of 1974, resulting
from the enactment of this Act shall not be taken into ac-
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count for purposes of section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985.
This Act may be cited as the ‘‘Second Supplemental
Appropriations and Rescissions Act, 1995’’.
Attest:
Secretary.
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