[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
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HR 889 EAS----5
104th CONGRESS

  1st Session

                               H. R. 889

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                               AMENDMENT