[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
March 16, 1995.
Resolved, That the bill from the House of Representatives (H.R.
889) entitled ``An Act making emergency supplemental appropriations and
rescissions to preserve and enhance the military readiness of the
Department of Defense for the fiscal year ending September 30, 1995,
and for other purposes'', do pass with the following
AMENDMENTS:
(1)Page 1, strike out all after line 2 over to and including line 12
on page 16 and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide supplemental
appropriations for the Department of Defense for the fiscal year ending
September 30, 1995, and for other purposes, namely:
TITLE I
CHAPTER I
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$35,400,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$49,500,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$10,400,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$37,400,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$4,600,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$636,900,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$284,100,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $27,700,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $785,800,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $43,200,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $6,400,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$14,000,000.
GENERAL PROVISIONS
Sec. 101. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 102. During the current fiscal year, appropriations available
to the Department of Defense for the pay of civilian personnel may be
used, without regard to the time limitations specified in section
5523(a) of title 5, United States Code, for payments under the
provisions of section 5523 of title 5, United States Code, in the case
of employees, or an employee's dependents or immediate family,
evacuated from Guantanamo Bay, Cuba, pursuant to the August 26, 1994
order of the Secretary of Defense.
(including transfer of funds)
Sec. 103. In addition to amounts appropriated or otherwise made
available by this Act, $28,297,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard to cover the incremental operating costs
associated with Operations Able Manner, Able Vigil, Restore Democracy,
and Support Democracy: Provided, That such amount shall remain
available for obligation until September 30, 1996.
Sec. 104. (a) Section 8106A of the Department of Defense
Appropriations Act, 1995 (Public Law 103-335), is amended by striking
out the last proviso and inserting in lieu thereof the following: ``:
Provided further, That if, after September 30, 1994, a member of the
Armed Forces (other than the Coast Guard) is approved for release from
active duty or full-time National Guard duty and that person
subsequently becomes employed in a position of civilian employment in
the Department of Defense within 180 days after the release from active
duty or full-time National Guard duty, then that person is not eligible
for payments under a Special Separation Benefits program (under section
1174a of title 10, United States Code) or a Voluntary Separation
Incentive program (under section 1175 of title 10, United States Code)
by reason of the release from active duty or full-time National Guard
duty, and the person shall reimburse the United States the total
amount, if any, paid such person under the program before the
employment begins''.
(b) Appropriations available to the Department of Defense for
fiscal year 1995 may be obligated for making payments under sections
1174a and 1175 of title 10, United States Code.
(c) The amendment made by subsection (a) shall be effective as of
September 30, 1994.
Sec. 105. Subsection 8054(g) of the Department of Defense
Appropriations Act, 1995 (Public Law 103-335), is amended to read as
follows: ``Notwithstanding any other provision of law, of the amounts
available to the Department of Defense during fiscal year 1995, not
more than $1,252,650,000 may be obligated for financing activities of
defense FFRDCs: Provided, That, in addition to any other reductions
required by this section, the total amount appropriated in title IV of
this Act is hereby reduced by $200,000,000 to reflect the funding
ceiling contained in this subsection and to reflect further reductions
in amounts available to the Department of Defense to finance activities
carried out by defense FFRDCs and other entities providing consulting
services, studies and analyses, systems engineering and technical
assistance, and technical, engineering and management support.''.
(rescissions)
Sec. 106. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
Operation and Maintenance, Navy, $16,300,000;
Operation and Maintenance, Air Force, $2,000,000;
Operation and Maintenance, Defense-Wide, $90,000,000;
Environmental Restoration, Defense, $300,000,000;
Aircraft Procurement, Army, 1995/1997, $77,611,000;
Procurement of Ammunition, Army, 1993/1995, $85,000,000;
Procurement of Ammunition, Army, 1995/1997, $89,320,000;
Other Procurement, Army, 1995/1997, $46,900,000;
Shipbuilding and Conversion, Navy, 1995/1999, $26,600,000;
Missile Procurement, Air Force, 1993/1995, $33,000,000;
Missile Procurement, Air Force, 1994/1996, $86,184,000;
Other Procurement, Air Force, 1995/1997, $6,100,000;
Procurement, Defense-Wide, 1995/1997, $81,000,000;
Defense Production Act, $100,000,000;
Research, Development, Test and Evaluation, Army, 1995/
1996, $38,300,000;
Research, Development, Test and Evaluation, Navy, 1995/
1996, $59,600,000;
Research, Development, Test and Evaluation, Air Force,
1994/1995, $81,100,000;
Research, Development, Test and Evaluation, Air Force,
1995/1996, $226,900,000;
Research, Development, Test and Evaluation, Defense-Wide,
1994/1995, $77,000,000;
Research, Development, Test and Evaluation, Defense-Wide,
1995/1996, $351,000,000.
(transfer of funds)
Sec. 107. Section 8005 of the Department of Defense Appropriations
Act, 1995 (Public Law 103-335; 108 Stat. 2617), is amended by striking
out ``$2,000,000,000'' and inserting in lieu thereof
``$1,750,000,000''.
SEC. 108. REPORT ON COST AND SOURCE OF FUNDS FOR MILITARY ACTIVITIES IN
HAITI.
(a) Requirement.--None of the funds appropriated by this Act or
otherwise made available to the Department of Defense may be expended
for operations or activities of the Armed Forces in and around Haiti
sixty days after enactment of this Act, unless the President submits to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection (a)
shall include the following:
(1) A detailed description of the estimated cumulative
incremental cost of all United States activities subsequent to
September 30, 1993, in and around Haiti, including but not
limited to--
(A) the cost of all deployments of United States
Armed Forces and Coast Guard personnel, training,
exercises, mobilization, and preparation activities,
including the preparation of police and military units
of the other nations of the multinational force
involved in enforcement of sanctions, limits on
migration, establishment and maintenance of migrant
facilities at Guantanamo Bay and elsewhere, and all
other activities relating to operations in and around
Haiti; and
(B) the costs of all other activities relating to
United States policy toward Haiti, including
humanitarian and development assistance,
reconstruction, balance of payments and economic
support, assistance provided to reduce or eliminate all
arrearages owed to International Financial
Institutions, all rescheduling or forgiveness of United
States bilateral and multilateral debt, aid and other
financial assistance, all in-kind contributions, and
all other costs to the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of funds expended from the
Department of Defense budget, a breakdown by military
service or defense agency, line item, and program; and
(B) in the case of funds expended from the budgets
of departments and agencies other than the Department
of Defense, by department or agency and program.
Sec. 109. It is the sense of the Senate that (1) cost-shared
partnerships between the Department of Defense and the private sector
to develop dual-use technologies (technologies that have applications
both for defense and for commercial markets, such as computers,
electronics, advanced materials, communications, and sensors) are
increasingly important to ensure efficient use of defense procurement
resources, and (2) such partnerships, including Sematech and the
Technology Reinvestment Project, need to become the norm for conducting
such applied research by the Department of Defense.
Sec. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended for assistance to or
programs in the Democratic People's Republic of Korea, or for
implementation of the October 21, 1994, Agreed Framework between the
United States and the Democratic People's Republic of Korea, unless
specifically appropriated for that purpose.
(2)Page 16 after line 12 insert:
SEC. 111. LIMITATION ON EMERGENCY AND EXTRAORDINARY EXPENSES.
(a) In General.--Funds appropriated or otherwise made available to
the Department of Defense may not be obligated under section 127 of
title 10, United States Code, for the provision of assistance,
including the donation, sale, or financing for sale, of any item, to a
foreign country that is ineligible under the Foreign Assistance Act of
1961 or the Arms Export Control Act to receive any category of
assistance.
(b) Effective Date.--The limitations in subsection (a) shall apply
to obligations made on or after the date of enactment of this Act.
(3)Page 16, after line 12, insert:
Sec. 112. (a) Notwithstanding any other provision of law, no funds
appropriated by this Act, or otherwise appropriated or made available
by any other Act, may be utilized for purposes of entering into the
agreement described in subsection (b) until the President certifies to
Congress that--
(1) Russia has agreed not to sell nuclear reactor
components to Iran; or
(2) the issue of the sale by Russia of such components to
Iran has been resolved in a manner that is consistent with--
(A) the national security objectives of the United
States; and
(B) the concerns of the United States with respect
to nonproliferation in the Middle East.
(b) The agreement referred to in subsection (a) is an agreement
known as the Agreement on the Exchange of Equipment, Technology, and
Materials between the United States Government and the Government of
the Russian Federation, or any department or agency of that government
(including the Russian Ministry of Atomic Energy), that the United
States Government proposes to enter into under section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153).
(4)Page 16 after line 12 insert:
Sec. 113. It is the sense of the Senate that--
(1) Congress should enact legislation that terminates the
entitlement to pay and allowances for each member of the Armed
Forces who is sentenced by a court-martial to confinement and
either a dishonorable discharge, bad-conduct discharge, or
dismissal;
(2) the legislation should provide for restoration of the
entitlement if the sentence to confinement and punitive
discharge or dismissal, as the case may be, is disapproved or
set aside; and
(3) the legislation should include authority for the
establishment of a program that provides transitional benefits
for spouses and other dependents of a member of the Armed
Forces receiving such a sentence.
(5)Page 16 after line 12 insert:
SEC. 114. RESCISSION OF FUNDS FOR CERTAIN MILITARY CONSTRUCTION
PROJECTS.
(a) Conditional Rescission of Funds For Certain Projects.--(1)(A)
Notwithstanding any other provision of law and subject to paragraphs
(2) and (3), of the funds provided in the Military Construction
Appropriations Act, 1995 (Public Law 103-307; 108 Stat. 1659), the
following funds are hereby rescinded from the following accounts in the
specified amounts:
Military Construction, Army, $11,554,000.
Military Construction, Air Force, $6,500,000.
(B) Rescissions under this paragraph are for projects at military
installations that were recommended for closure by the Secretary of
Defense in the recommendations submitted by the Secretary to the
Defense Base Closure and Realignment Commission on March 1, 1995, under
the base closure Act.
(2) A rescission of funds under paragraph (1) shall not occur with
respect to a project covered by that paragraph if the Secretary
certifies to Congress that--
(A) the military installation at which the project is
proposed will not be subject to closure or realignment as a
result of the 1995 round of the base closure process; or
(B) if the installation will be subject to realignment
under that round of the process, the project is for a function
or activity that will not be transferred from the installation
as a result of the realignment.
(3) A certification under paragraph (2) shall be effective only
if--
(A) the Secretary submits the certification together with
the approval and recommendations transmitted to Congress by the
President in 1995 under paragraph (2) or (4) section 2903(e) of
the base closure Act; or
(B) the base closure process in 1995 is terminated pursuant
to paragraph (5) of that section.
(b) Additional Rescissions Relating to Base Closure Process.--
Notwithstanding any other provision of law, funds provided in the
Military Construction Appropriations Act, 1995 for a military
construction project are hereby rescinded if--
(1) the project is located at an installation that the
President recommends for closure in 1995 under section 2903(e)
of the base closure Act; or
(2) the project is located at an installation that the
President recommends for realignment in 1995 under such section
and the function or activity with which the project is
associated will be transferred from the installation as a
result of the realignment.
(c) Definition.--In the section, the term ``base closure Act''
means the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(6)Page 16 after line 12 insert:
SEC. 115. SENSE OF SENATE ON SOUTH KOREA TRADE BARRIERS TO UNITED
STATES BEEF AND PORK.
(a) Findings.--The Senate makes the following findings:
(1) The United States has approximately 37,000 military
personnel stationed in South Korea and spent over
$2,000,000,000 last year to preserve peace on the Korean
peninsula.
(2) The United States Trade Representative has initiated a
section 301 investigation against South Korea for its nontariff
trade barriers on United States beef and pork.
(3) The barriers cited in the section 301 petition include
government-mandated shelf-life requirements, lengthy inspection
and customs procedures, and arbitrary testing requirements that
effectively close the South Korean market to such beef and
pork.
(4) United States trade and agriculture officials are in
the process of negotiating with South Korea to open South
Korea's market to United States beef and pork.
(5) The United States meat industry estimates that South
Korea's nontariff trade barriers on United States beef and pork
cost United States businesses more than $240,000,000 in lost
revenue last year and could account for more than
$1,000,000,000 in lost revenue to such business by 1999 if
South Korea's trade practices on such beef and pork are left
unchanged.
(6) The United States beef and pork industries are a vital
part of the United States economy, with operations in each of
the 50 States.
(7) Per capita consumption of beef and pork in South Korea
is currently twice that of such consumption in Japan. Given
that the Japanese are currently the leading importers of United
States beef and pork, South Korea holds the potential of
becoming an unparalleled market for United States beef and
pork.
(b) It is the sense of the Senate that--
(1) the security relationship between the United States and
South Korea is essential to the security of the United States,
South Korea, the Asia-Pacific region and the rest of the world;
(2) the efforts of the United States Trade Representative
to open South Korea's market to United States beef and pork
deserve support and commendation; and
(3) The United States Trade Representative should continue
to insist upon the removal of South Korea's nontariff barriers
to United States beef and pork.
(7)Page 16 after line 12 insert:
Sec. 116. (a)(1) The Senate finds that the Treaty on the Non-
Proliferation of Nuclear Weapons, hereinafter referred to as the NPT,
is the cornerstone of the global nuclear nonproliferation regime;
(2) That, with more than 170 parties, the NPT enjoys the widest
adherence of any arms control agreement in history;
(3) That the NPT sets the fundamental legal and political framework
for prohibiting all forms of nuclear nonproliferation;
(4) That the NPT provides the fundamental legal and political
foundation for the efforts through which the nuclear arms race was
brought to an end and the world's nuclear arsenals are being reduced as
quickly, safely and securely as possible;
(5) That the NPT spells out only three extension options:
indefinite extension, extension for a fixed period, or extension for
fixed periods;
(6) That any temporary or conditional extension of the NPT would
require a dangerously slow and unpredictable process of re-ratification
that would cripple the NPT;
(7) That it is the policy of the President of the United States to
seek indefinite and unconditional extension of the NPT: Now, therefore;
(b) It is the sense of the Senate that--
(1) indefinite and unconditional extension of the NPT would
strengthen the global nuclear nonproliferation regime;
(2) indefinite and unconditional extension of the NPT is in
the interest of the United States because it would enhance
international peace and security;
(3) the President of the United States has the full support
of the Senate in seeking the indefinite and unconditional
extension of the NPT;
(4) all parties to the NPT should vote to extend the NPT
unconditionally and indefinitely; and
(5) parties opposing indefinite and unconditional extension
of the NPT are acting against their own interest, the interest
of the United States and the interest of all the peoples of the
world by placing the nuclear nonproliferation regime and global
security at risk.
(8)Page 16 after line 12 insert:
Sec. 117. National Test Facility.--It is the sense of the Senate
that the National Test Facility provides important support to strategic
and theater missile defense in the following areas--
(a) United States-United Kingdom defense planning;
(b) the PATRIOT and THAAD programs;
(c) computer support for the Advanced Research Center; and
(d) technical assistance to theater missile defense;
and fiscal year 1995 funding should be maintained to ensure retention
of these priority functions.
(9)Page 16 after line 12 insert:
Sec. 118. (a) In determining the amount of funds available for
obligation from the Environmental Restoration, Defense, account in
fiscal year 1995 for environmental restoration at the military
installations described in subsection (b), the Secretary of Defense
shall not take into account the rescission from the account set forth
in section 106.
(b) Subsection (a) applies to military installations that the
Secretary recommends for closure or realignment in 1995 under section
2903(c) of the Defense Base Closure and Realignment Act of 1990
(subtitle A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(10)Page 16 after line 12 insert:
CHAPTER II
Foreign Operations, Export Financing and Related Programs
bilateral economic assistance
funds appropriated to the president
debt restructuring
debt relief for jordan
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans to Jordan issued by the Export-
Import Bank or by the Agency for International Development or by the
Department of Defense, or for the cost of modifying: (1) concessional
loans authorized under title I of the Agricultural Trade Development
and Assistance Act of 1954, as amended, and (2) credits owed by Jordan
to the Commodity Credit Corporation, as a result of the Corporation's
status as a guarantor of credits in connection with export sales to
Jordan; as authorized under subsection (a) under the heading, ``Debt
Relief for Jordan'', in title VI of Public Law 103-306, $275,000,000,
to remain available until September 30, 1996: Provided, That not more
than $50,000,000 of the funds appropriated by this paragraph may be
obligated prior to October 1, 1995.
(11)Page 16 strike out line 13 and insert:
TITLE II
(12)Page 16, strike out all after line 20 over to and including line 7
on page 17 and insert:
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the amounts made available under this heading in Public Law 103-
317, $10,000,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the amounts made available under this heading in Public Law 103-
317 for the Advanced Technology Program, $32,000,000 are rescinded.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
operations, research and facilities
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $2,500,000 are rescinded.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
information infrastructure grants
(rescission)
Of the amounts made available under this heading in Public Law 103-
317, $34,000,000 are rescinded.
Economic Development Administration
economic development assistance programs
(rescission)
Of the amounts made available under this heading in Public Law 103-
317, $40,000,000 are rescinded.
RELATED AGENCIES
SMALL BUSINESS ADMINISTRATION
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
317 for tree-planting grants pursuant to section 24 of the Small
Business Act, as amended, $15,000,000 are rescinded.
LEGAL SERVICES CORPORATION
payment to the legal services corporation
(rescission)
Of the funds made available under this heading in Public Law 103-
317 for payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$15,000,000 are rescinded.
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
(acquisition and maintenance of buildings abroad)
(rescission)
Of unobligated balances available under this heading, $28,500,000
are rescinded.
(13)Page 17, after line 18, insert:
Of the funds appropriated in Public Law 103-316, $3,000,000 is
hereby authorized for appropriation to the Corps of Engineers to
initiate and complete remedial measures to prevent slope instability at
Hickman Bluff, Kentucky.
(14)Page 18, after line 6 insert:
contribution to the international development association
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $70,000,000 are rescinded.
(15)Page 18, strike lines 14 to 20 and insert:
development assistance fund
(rescission)
Of the funds made available under this heading in Public Law 103-87
and Public Law 103-306, $13,000,000 are rescinded.
assistance for eastern europe and the baltic states
(rescission)
Of the funds made available under this heading in Public Law 103-87
and Public Law 103-306, $9,000,000 are rescinded.
assistance for the new independent states of the former soviet union
(rescission)
Of the funds made available under this heading in Public Law 103-87
and Public Law 103-306, $18,000,000 are rescinded, of which not less
than $12,000,000 shall be derived from funds allocated for Russia.
(16)Page 19, after line 14, insert:
DEPARTMENT OF THE INTERIOR
united states fish and wildlife service
resource management
(rescission)
Of the funds made available under this heading in Public Law 103-
332--
(1) $1,500,000 are rescinded from the amounts available for
making determinations whether a species is a threatened or
endangered species and whether habitat is critical habitat
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(2) none of the remaining funds appropriated under that
heading may be made available for making a final determination
that a species is threatened or endangered or that habitat
constitutes critical habitat (except a final determination that
a species previously determined to be endangered is no longer
endangered but continues to be threatened).
To the extent that the Endangered Species Act of 1973 has been
interpreted or applied in any court order (including an order approving
a settlement between the parties to a civil action) to require the
making of a determination respecting any number of species or habitats
by a date certain, that Act shall not be applied to require that the
determination be made by that date if the making of the determination
is made impracticable by the rescission made by the preceding sentence.
(17)Page 20, strike out lines 2 to 6 and insert:
student financial assistance
(rescission)
Of the funds made available under this heading in Public Law 103-
112, $100,000,000 made available for title IV, part A, subpart 1 of the
Higher Education Act are rescinded.
(18)Page 20, after line 10 insert:
FEDERAL AVIATION ADMINISTRATION
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the available balances under this heading that remain
unobligated for the ``advanced automation system'', $35,000,000 are
rescinded.
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
(highway trust fund)
(rescission)
Of the available contract authority balances under this heading in
Public Law 97-424, $13,340,000 are rescinded; and of the available
balances under this heading in Public Law 100-17, $126,608,000 are
rescinded.
Miscellaneous Highway Demonstration Projects
(rescission)
Of the available appropriated balances provided in Public Law 93-
87; Public Law 98-8; Public Law 98-473; and Public Law 100-71,
$12,004,450 are rescinded.
(19)Page 20, strike out lines 11 to 15
(20)Page 20, strike out lines 16 to 19
(21)Page 21, strike out lines 5 to 11
(22)Page 21, after line 11 insert:
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
(rescission)
Of the funds made available under this heading in Public Law 103-
327 and any unobligated balances from funds appropriated under this
heading in prior years, $400,000,000 are rescinded from amounts
available for the development or acquisition costs of public housing.
(23)Page 21, after line 11, insert:
TITLE III--MISCELLANEOUS
Sec. 301.--Notwithstanding sections 12106, 12107, and 12108 of
title 46, United States Code, and section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), as applicable on the date of enactment
of this Act, the Secretary of Transportation may issue a certificate of
documentation for the vessel L. R. BEATTIE, United States official
number 904161.
(24)Page 21, after line 11, insert:
TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995
SEC. 401. SHORT TITLE.
This title may be cited as the ``Mexican Debt Disclosure Act of
1995''.
SEC. 402. FINDINGS.
The Congress finds that--
(1) Mexico is an important neighbor and trading partner of
the United States;
(2) on January 31, 1995, the President approved a program
of assistance to Mexico, in the form of swap facilities and
securities guarantees in the amount of $20,000,000,000, using
the Exchange Stabilization Fund;
(3) the program of assistance involves the participation of
the Federal Reserve System, the International Monetary Fund,
the Bank of International Settlements, the World Bank, the
Inter-American Development Bank, the Bank of Canada, and
several Latin American countries;
(4) the involvement of the Exchange Stabilization Fund and
the Federal Reserve System means that United States taxpayer
funds will be used in the assistance effort to Mexico;
(5) assistance provided by the International Monetary Fund,
the World Bank, and the Inter-American Development Bank may
require additional United States contributions of taxpayer
funds to those entities;
(6) the immediate use of taxpayer funds and the potential
requirement for additional future United States contributions
of taxpayer funds necessitates Congressional oversight of the
disbursement of funds; and
(7) the efficacy of the assistance to Mexico is contingent
on the pursuit of sound economic policy by the Government of
Mexico.
SEC. 403. REPORTS REQUIRED.
(a) Reports.--Not later than April 1, 1995, and every month
thereafter, the President shall transmit a report to the appropriate
congressional committees concerning all United States Government loans,
credits, and guarantees to, and short-term and long-term currency swaps
with, Mexico.
(b) Contents of Reports.--The report described in subsection (a)
shall include the following:
(1) A description of the current condition of the Mexican
economy.
(2) Information regarding the implementation and the extent
of wage, price, and credit controls in the Mexican economy.
(3) A complete documentation of Mexican taxation policy and
any proposed changes to such policy.
(4) A description of specific actions taken by the
Government of Mexico during the preceding month to further
privatize the economy of Mexico.
(5) A list of planned or pending Mexican Government
regulations affecting the Mexican private sector.
(6) A summary of consultations held between the Government
of Mexico and the Department of the Treasury, the International
Monetary Fund, or the Bank of International Settlements.
(7) A full description of the activities of the Mexican
Central Bank, including the reserve positions of the Mexican
Central Bank and data relating to the functioning of Mexican
monetary policy.
(8) The amount of any funds disbursed from the Exchange
Stabilization Fund pursuant to the approval of the President
issued on January 31, 1995.
(9) A full disclosure of all financial transactions, both
inside and outside of Mexico, made during the preceding month
involving funds disbursed from the Exchange Stabilization Fund
and the International Monetary Fund, including transactions
between--
(A) individuals;
(B) partnerships;
(C) joint ventures; and
(D) corporations.
(10) An accounting of all outstanding United States
Government loans, credits, and guarantees provided to the
Government of Mexico, set forth by category of financing.
(11) A detailed list of all Federal Reserve currency swaps
designed to support indebtedness of the Government of Mexico,
and the cost or benefit to the United States Treasury from each
such transaction.
(12) A description of any payments made during the
preceding month by creditors of Mexican petroleum companies
into the petroleum finance facility established to ensure
repayment of United States loans or guarantees.
(13) A description of any disbursement during the preceding
month by the United States Government from the petroleum
finance facility.
(14) Once payments have been diverted from PEMEX to the
United States Treasury through the petroleum finance facility,
a description of the status of petroleum deliveries to those
customers whose payments were diverted.
(15) A description of the current risk factors used in
calculations concerning Mexican repayment of indebtedness.
(16) A statement of the progress the Government of Mexico
has made in reforming its currency and establishing an
independent central bank or currency board.
SEC. 404. PRESIDENTIAL CERTIFICATION.
Notwithstanding any other provision of law, before extending any
loan, credit, guarantee, or arrangement for a swap of currencies to
Mexico through any United States Government monetary facility, the
President shall certify to the appropriate congressional committees
that--
(1) there is no projected cost to the United States from
the proposed loan, credit, guarantee, or currency swap;
(2) all loans, credits, guarantees, and currency swaps are
adequately collateralized to ensure that United States funds
will be repaid;
(3) the Government of Mexico has undertaken effective
efforts to establish an independent central bank or an
independent currency control mechanism; and
(4) Mexico has in effect a significant economic reform
effort.
SEC. 405. DEFINITION.
As used in this title, the term ``appropriate congressional
committees'' means the Committees on Banking and Financial Services and
International Relations of the House of Representatives and the
Committees on Foreign Relations and Banking, Housing, and Urban Affairs
of the Senate.
(25)Page 21, strike out lines 12 to 15 and insert:
This Act may be cited as the ``Supplemental Appropriations and
Rescissions Act, 1995''.
Amend the title so as to read: ``An Act making supplemental
appropriations and rescissions for the fiscal year ending
September 30, 1995, and for other purposes.''.
Attest:
Secretary.
HR 889 EAS----2
HR 889 EAS----3
HR 889 EAS----4
HR 889 EAS----5
104th CONGRESS
1st Session
H. R. 889
_______________________________________________________________________
AMENDMENT