EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR ADDITIONAL DISASTER
ASSISTANCE, FOR ANTI-TERRORISM INITIATIVES, FOR ASSISTANCE IN THE
RECOVERY FROM THE TRAGEDY THAT OCCURRED AT OKLAHOMA CITY, AND
RESCISSIONS ACT, 1995
[[Page 109 STAT. 194]]
Public Law 104-19
104th Congress
An Act
Making emergency supplemental appropriations for additional disaster
assistance, <<NOTE: July 27, 1995 - [H.R. 1944]>> for anti-terrorism
initiatives, for assistance in the recovery from the tragedy that
occurred at Oklahoma City, and making rescissions for the fiscal year
ending September 30, 1995, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Emergency
Supplemental Appropriations for Additional Disaster Assistance, for
Anti-terrorism Initiatives, for Assistance in the Recovery from the
Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995.>>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide emergency supplemental
appropriations for additional disaster assistance, for anti-terrorism
initiatives, for assistance in the recovery from the tragedy that
occurred at Oklahoma City, and making rescissions for the fiscal year
ending September 30, 1995, and for other purposes, namely:
TITLE I--SUPPLEMENTALS AND RESCISSIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
(transfer of funds)
Funds made available under this heading in Public Law 103-330 and
subsequently transferred to ``Nutrition Initiatives'' are transferred to
the Agricultural Research Service.
Food Safety and Inspection Service
For an additional amount for salaries and expenses of the Food
Safety and Inspection Service, $9,082,000.
Agricultural Stabilization and Conservation Service
salaries and expenses
For an additional amount for salaries and expenses of the
Agricultural Stabilization and Conservation Service, $5,000,000.
[[Page 109 STAT. 195]]
Commodity Credit Corporation Fund
food for progress
Notwithstanding any other provision of law, no funds of the
Commodity Credit Corporation in excess of $50,000,000 for fiscal year
1995 (exclusive of the cost of commodities in the fiscal year) may be
used to carry out the Food for Progress Act of 1985 (7 U.S.C. 1736o)
with respect to commodities made available under section 416(b) of the
Agricultural Act of 1949: Provided, That of this amount not more than
$20,000,000 may be used without regard to section 110(g) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o(g)). The additional costs resulting
from this provision shall be financed from funds credited to the
Corporation pursuant to section 426 of Public Law 103-465.
Rural Electrification Administration
rural electrification and telephone loans program account
The second paragraph under this heading in Public Law 103-330 (108
Stat. 2441) is amended by inserting before the period at the end, the
following: ``: Provided, That notwithstanding section 305(d)(2) of the
Rural Electrification Act of 1936, borrower interest rates may exceed 7
per centum per year''.
Food and Nutrition Service
commodity supplemental food program
The paragraph under this heading in Public Law 103-330 (108 Stat.
2441) is amended by inserting before the period at the end, the
following: ``: Provided further, That twenty per centum of any Commodity
Supplemental Food Program funds carried over from fiscal year 1994 shall
be available for administrative costs of the program''.
General Provision
Section 715 of Public Law 103-330 <<NOTE: 108 Stat. 2468.>> is
amended by deleting ``$85,500,000'' and by inserting ``$110,000,000''.
The additional costs resulting from this provision shall be financed
from funds credited to the Commodity Credit Corporation pursuant to
section 426 of Public Law 103-465.
Office of the Secretary
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $31,000 are rescinded: Provided, That none of the funds made
available to the Department of Agriculture may be used to carry out
activities under 7 U.S.C. 2257 without prior notification to the
Committees on Appropriations.
[[Page 109 STAT. 196]]
Alternative Agricultural Research and Commercialization
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $1,500,000 are rescinded.
Agricultural Research Service
buildings and facilities
(rescission)
Of the funds made available under this heading in Public Law 103-330
and other Acts, $1,400,000 are rescinded: Provided, That after
completion of the construction of the National Swine Research Center
Laboratory, all rights and title of the United States in that Center
Laboratory shall be conveyed to Iowa State University.
Cooperative State Research Service
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $1,051,000 are rescinded, including $524,000 for contracts and
grants for agricultural research under the Act of August 4, 1965, as
amended (7 U.S.C. 450i(c)); and $527,000 for necessary expenses of
Cooperative State Research Service activities: Provided, That the amount
of ``$9,917,000'' available under this heading in Public Law 103-330
(108 Stat. 2441) for a program of capacity building grants to colleges
eligible to receive funds under the Act of August 30, 1890, is amended
to read ``$9,207,000''.
buildings and facilities
(rescission)
Of the funds made available under this heading in Public Law 103-330
and other Acts, $2,184,000 are rescinded.
Animal and Plant Health Inspection Service
buildings and facilities
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $2,000,000 are rescinded.
Rural Development Administration and Farmers Home Administration
rural housing insurance fund program account
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $15,500,000 for the cost of section 515 rental housing loans are
rescinded.
[[Page 109 STAT. 197]]
local technical assistance and planning grants
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $1,750,000 are rescinded.
Alcohol Fuels Credit Guarantee Program Account
(rescission)
Of the funds made available under this heading in Public Law 102-
341, $9,000,000 are rescinded.
Rural Electrification Administration
rural electrification and telephone loans program account
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $1,500,000 for the cost of 5 per centum rural telephone loans are
rescinded.
Food and Nutrition Service
special supplemental food program for women, infants, and children (wic)
(rescission)
Of the funds made available under this heading in Public Law 103-
111, $20,000,000 are rescinded.
Foreign Agricultural Service
public law 480 program account
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $40,000,000 for commodities supplied in connection with
dispositions abroad, pursuant to title III of the Agricultural Trade
Development and Assistance Act of 1954, as amended, are rescinded.
CHAPTER II
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
RELATED AGENCIES
National Bankruptcy Review Commission
(transfer of funds)
For the National Bankruptcy Review Commission as authorized by
Public Law 103-394, $1,000,000 shall be made available until expended,
to be derived by transfer from unobligated balances of the Working
Capital Fund in the Department of Justice.
[[Page 109 STAT. 198]]
United States Information Agency
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $7,290,000, for transfer to the Board for International
Broadcasting to remain available until expended.
DEPARTMENT OF JUSTICE
Office of Justice Programs
drug courts
(rescission)
Of the funds made available under this heading in title VIII of
Public Law 103-317, $17,100,000 are rescinded.
ounce of prevention council
Under this heading in Public Law 103-317, <<NOTE: 108 Stat.
1778.>> after the word ``grants'', insert the following: ``and
administrative expenses''. After the word ``expended'', insert the
following: ``: Provided, That the Council is authorized to accept, hold,
administer, and use gifts, both real and personal, for the purpose of
aiding or facilitating the work of the Council''.
General Administration
working capital fund
(rescission)
Of the unobligated balances in the Working Capital Fund, $5,500,000
are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $5,000,000 are rescinded.
Immigration and Naturalization Service
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $1,000,000 are rescinded.
[[Page 109 STAT. 199]]
Federal Prison System
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $28,037,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
scientific and technical research and services
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $17,000,000 are rescinded.
industrial technology services
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $16,300,000 are rescinded.
construction of research facilities
(rescission)
Of the unobligated balances available under this heading,
$30,000,000 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, $24,200,000 are rescinded.
construction
(rescission)
Of the unobligated balances available under this heading,
$15,000,000 are rescinded.
goes satellite contingency fund
(rescission)
Of the unobligated balances available under this heading, $2,500,000
are rescinded.
[[Page 109 STAT. 200]]
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $1,750,000 are rescinded.
National Technical Information Service
ntis revolving fund
(rescission)
Of the funds made available under this heading in Public Law 103-
317, and from offsetting collections available in the revolving fund,
$1,000,000 are rescinded.
National Telecommunications and Information Administration
information infrastructure grants
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $4,000,000 are rescinded.
Economic Development Administration
economic development assistance programs
(rescissions)
Of the funds made available under this heading in Public Laws 103-75
and 102-368, $5,250,000 are rescinded.
In addition, of the funds made available under this heading in
Public Law 103-317, $25,000,000 are rescinded.
THE JUDICIARY
United States Court of International Trade
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $1,000,000 are rescinded.
[[Page 109 STAT. 201]]
Courts of Appeals, District Courts, and Other Judicial Services
defender services
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $9,500,000 are rescinded.
fees of jurors and commissioners
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $5,000,000 are rescinded.
RELATED AGENCIES
Small Business Administration
business loans program account
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $6,000,000 are rescinded: Provided, That funds appropriated for
grants to the National Center for Genome Resources in Public Law 103-121
and Public Law 103-317 shall be available to provide consulting
assistance, information, and related services, and shall be available
for other purposes, notwithstanding the limitations in said public laws.
Legal Services Corporation
payment to the legal services corporation
Public Law 104-6 is amended by adding after the word ``rescinded''
in the paragraph under the heading ``Legal Services Corporation, Payment
to the Legal Services Corporation, (Rescission)'' the
following: <<NOTE: Ante, p. 84.>> ``, of which $4,802,000 are from
funds made available for basic field programs; $523,000 are from funds
made available for Native American programs; $1,071,000 are from funds
made available for migrant programs; $709,000 are from funds made
available for law school clinics; $31,000 are from funds made available
for supplemental field programs; $159,000 are from funds made available
for regional training centers; $2,691,000 are from funds made available
for national support; $2,212,000 are from funds made available for State
support; $785,000 are from funds made available for client initiatives;
$160,000 are from funds made available for the Clearinghouse; $73,000
are from funds made available for computer assisted legal research
regional centers; and $1,784,000 are from funds made available for
Corporation management and administration''.
[[Page 109 STAT. 202]]
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $2,250,000 are rescinded.
acquisition and maintenance of buildings abroad
(rescission)
Of the unobligated balances available under this heading,
$30,000,000 are rescinded.
International Organizations and Conferences
contributions for international peacekeeping activities
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $14,617,000 are rescinded.
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $4,000,000 are rescinded, of which $2,500,000 are from funds made
available for activities related to the implementation of the Chemical
Weapons Convention.
Board for International Broadcasting
israel relay station
(rescission)
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
United States Information Agency
educational and cultural exchange programs
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $5,000,000 are rescinded.
[[Page 109 STAT. 203]]
radio construction
(rescission)
Of the unobligated balances available under this heading,
$16,000,000 are rescinded.
radio free asia
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $5,000,000 are rescinded.
CHAPTER III
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
(rescission)
Of the funds made available under this heading in Public Law 103-316
and prior years' Energy and Water Development Appropriations Acts,
$10,000,000 are rescinded.
construction, general
(rescission)
Of the funds made available under this heading in Public Law 103-316
and prior years' Energy and Water Development Appropriations Acts,
$60,000,000 are rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
operation and maintenance
(rescission)
Of the funds made available under this heading in Public Law 103-
316, $10,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activities
(rescission)
Of the funds made available under this heading in Public Law 103-316
and prior years' Energy and Water Development Appropriations Acts,
$74,000,000 are rescinded.
[[Page 109 STAT. 204]]
Atomic Energy Defense Activities
Materials Support and Other Defense Programs
(rescission)
Of the amounts made available under this heading in Public Law 103-
316 and prior years' Energy and Water Development Appropriations Acts,
$15,000,000 are rescinded.
Departmental Administration
(rescission)
Of the funds made available under this heading in Public Law 103-
316, $20,000,000 are rescinded.
Power Marketing Administrations
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(rescission)
Of the amounts made available under this heading in Public Law 103-
316 and prior years' Energy and Water Development Appropriations Acts,
$30,000,000 are rescinded.
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
(rescission)
Of the funds made available under this heading in Public Law 103-
316, $10,000,000 are rescinded.
TENNESSEE VALLEY AUTHORITY
Tennessee Valley Authority Fund
(rescission)
Of the funds made available under this heading in Public Law 103-
316, $5,000,000 are rescinded.
CHAPTER IV
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, as amended, of modifying direct loans to Jordan
[[Page 109 STAT. 205]]
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.
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
International Organizations and Programs
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $15,000,000 are rescinded.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Agency for International Development
Development Assistance Fund
(rescission)
Of the funds made available under this heading in Public Law 103-306
and prior years' Foreign Operations, Export Financing and Related
Programs Appropriations Acts, $41,300,000 are rescinded.
Population, Development Assistance
(rescission)
Of the funds made available under this heading in Public Law 103-306
and prior years' Foreign Operations, Export Financing and Related
Programs Appropriations Acts, $19,000,000 are rescinded.
Development Fund for Africa
(rescission)
Of the funds made available under this heading in Public Law 103-306
and prior years' Foreign Operations, Export Financing and Related
Programs Appropriations Acts, $21,000,000 are rescinded.
[[Page 109 STAT. 206]]
Debt Restructuring Under the Enterprise for The Americas Initiative
(rescission)
Of the funds made available under this heading in Public Law 103-
391, $2,400,000 are rescinded.
Economic Support Fund
(rescission)
Of the funds made available under this heading in Public Law 103-87
and prior years' Foreign Operations, Export Financing and Related
Programs Appropriations Acts (excluding funds earmarked or otherwise
made available to the Camp David countries), $25,000,000 are rescinded.
Operating Expenses of the Agency for International Development
(rescission)
Of the funds made available under this heading in Public Law 103-306
and prior years' Foreign Operations, Export Financing and Related
Programs Appropriations Acts, $2,000,000 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 103-306
and prior years' Foreign Operations,
Export Financing and Related Programs Appropriations Acts for programs
or projects to or through the Government of Russia, $25,000,000 are
rescinded.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Peacekeeping Operations
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $3,000,000 are rescinded.
EXPORT ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Trade and Development Agency
(rescission)
Of the funds made available under this heading in Public Law 103-87
and Public Law 103-306 and prior years' Foreign
[[Page 109 STAT. 207]]
Operations, Export Financing and Related Programs Appropriations Acts,
$4,000,000 are rescinded.
CHAPTER V
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(rescission)
Of the funds available under this heading in Public Law 103-332,
$70,000 are rescinded, to be derived from amounts available for
developing and finalizing the Roswell Resource Management Plan/
Environmental Impact Statement and the Carlsbad Resource Management Plan
Amendment/Environmental Impact Statement: Provided, That none of the
funds made available in such Act or any other appropriations Act may be
used for finalizing or implementing either such plan.
construction and access
(rescission)
Of the funds available under this heading in Public Law 103-332,
Public Law 103-138, and Public Law 102-381, $900,000 are rescinded.
payments in lieu of taxes
(rescission)
Of the funds available under this heading in Public Law 103-332,
$2,500,000 are rescinded.
land acquisition
(rescission)
Of the funds available under this heading in Public Law 102-381,
Public Law 101-121, and Public Law 100-446, $1,497,000 are rescinded.
United States Fish and Wildlife Service
construction
(rescission)
Of the funds available under this heading or the heading
Construction and Anadromous Fish in Public Law 103-332, Public Law 103-
211, Public Law 103-138, Public Law 103-75, Public Law 102-381, Public
Law 102-154, Public Law 102-368, Public Law 101-512, Public Law 101-121,
Public Law 100-446, and Public Law 100-202, $12,415,000 are rescinded.
[[Page 109 STAT. 208]]
land acquisition
(rescission)
Of the funds available under this heading in Public Law 103-332 and
any unobligated balances from funds appropriated under this heading in
prior years, $1,076,000 are rescinded.
National Biological Survey
research, inventories, and surveys
(rescission)
Of the funds available under this heading in Public Law 103-332 and
Public Law 103-138, $14,549,000 are rescinded.
National Park Service
construction
(rescission)
Of the funds available under this heading in Public Law 103-332 and
any unobligated balances from funds appropriated under this heading in
prior years, $20,890,000 are rescinded.
urban park and recreation fund
(rescission)
Of the funds available under this heading in Public Law 103-332,
$7,480,000 are rescinded.
land acquisition and state assistance
(rescission)
Of the funds available under this heading in Public Law 103-332 and
any unobligated balances from funds appropriated under this heading in
prior years, $13,634,000 are rescinded.
Minerals Management Service
royalty and offshore minerals management
(rescission)
Of the funds available under this heading in Public Law 103-332,
$514,000 are rescinded.
Bureau of Indian Affairs
operation of indian programs
(rescission)
Of the funds available under this heading in Public Law 103-332,
$4,850,000 are rescinded: Provided, That the first proviso under this
heading in Public Law 103-332 <<NOTE: 108 Stat. 2511.>> is amended by
striking ``$330,111,000'' and inserting in lieu thereof
``$329,361,000''.
[[Page 109 STAT. 209]]
construction
(rescission)
Of the funds available under this heading in Public Law 103-332 and
any unobligated balances from funds appropriated under this heading in
prior years, $9,571,000 are rescinded.
indian direct loan program account
(rescission)
Of the funds available under this heading in Public Law 103-332,
$1,700,000 are rescinded.
Territorial and International Affairs
administration of territories
(rescission)
Of the funds available under this heading in Public Law 103-332,
$1,938,000 are rescinded.
trust territory of the pacific islands
(rescission)
Of the funds available under this heading in Public Law 99-591,
$32,139,000 are rescinded.
compact of free association
(rescission)
Of the funds available under this heading in Public Law 103-332,
$1,000,000 are rescinded.
DEPARTMENT OF AGRICULTURE
Forest Service
forest research
(rescission)
Of the funds available under this heading in Public Law 103-332,
$6,000,000 are rescinded.
state and private forestry
(rescission)
Of the funds available under this heading in Public Law 103-332, and
Public Law 103-138, $7,800,000 are rescinded.
international forestry
(rescission)
Of the funds available under this heading in Public Law 103-332,
$2,000,000 are rescinded.
[[Page 109 STAT. 210]]
national forest system
(rescission)
Of the funds available under this heading in Public Law 103-332,
$1,650,000 are rescinded.
construction
(rescission)
Of the funds available under this heading in Public Law 103-332,
Public Law 103-138, and Public Law 102-381, $6,072,000 are rescinded:
Provided, That the first proviso under this heading in Public Law 103-
332 <<NOTE: 108 Stat. 2520.>> is amended by striking ``1994'' and
inserting in lieu thereof ``1995''.
Land Acquisition
(rescission)
Of the funds available under this heading in Public Law 103-332,
Public Law 103-138, and Public Law 102-381, $1,429,000 are rescinded:
Provided, That the Chief of the Forest Service shall not initiate any
new purchases of private land in Washington County, Ohio and Lawrence
County, Ohio during fiscal year 1995.
DEPARTMENT OF ENERGY
fossil energy research and development
(rescission)
Of the funds available under this heading in Public Law 103-332,
$18,100,000 are rescinded.
energy conservation
(rescissions)
Of the funds available under this heading in Public Law 103-332,
$35,928,000 are rescinded and of the funds available under this heading
in Public Law 103-138, $13,700,000 are rescinded.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
(rescission)
Of the funds available under this heading in Public Law 103-332,
$2,000,000 are rescinded.
[[Page 109 STAT. 211]]
OTHER RELATED AGENCIES
Smithsonian Institution
construction and improvements, national zoological park
(rescission)
Of the funds available under this heading in Public Law 102-381 and
Public Law 103-138, $1,000,000 are rescinded.
construction
(rescission)
Of the funds available under this heading in Public Law 102-154,
Public Law 102-381, Public Law 103-138, and Public Law 103-332,
$11,512,000 are rescinded.
National Gallery of Art
repair, restoration and renovation of buildings
(rescission)
Of the funds available under this heading in Public Law 103-332,
$407,000 are rescinded.
John F. Kennedy Center for the Performing Arts
construction
(rescission)
Of the available balances under this heading $3,000,000 are
rescinded.
Woodrow Wilson International Center for Scholars
salaries and expenses
(rescission)
Of the funds available under this heading in Public Law 103-332,
$1,000,000 are rescinded.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
(rescission)
Of the funds available under this heading in Public Law 103-332,
$5,000,000 are rescinded.
[[Page 109 STAT. 212]]
National Endowment for the Humanities
grants and administration
(rescission)
Of the funds available under this heading in Public Law 103-332,
$5,000,000 are rescinded.
General Provisions
Sec. 501. No funds made available in any appropriations Act may be
used by the Department of the Interior, including but not limited to the
United States Fish and Wildlife Service and the National Biological
Service, to search for the Alabama sturgeon in the Alabama River, the
Cahaba River, the Tombigbee River or the Tennessee-Tombigbee Waterway in
Alabama or Mississippi.
Sec. 502. (a) No funds available to the Forest Service may be used
to implement Habitat Conservation Areas in the Tongass National Forest
for species which have not been declared threatened or endangered
pursuant to the Endangered Species Act, except that with respect to
goshawks the Forest Service may impose interim Goshawk Habitat
Conservation Areas not to exceed 300 acres per active nest consistent
with the guidelines utilized for national forests in the continental
United States.
(b) <<NOTE: Notification. Timber.>> The Secretary shall notify
Congress within 30 days of any timber sales which may be delayed or
canceled due to the Goshawk Habitat Conservation Areas described in
subsection (a).
Sec. 503. (a) As provided in subsection (b), an environmental impact
statement prepared pursuant to the National Environmental Policy Act or
a subsistence evaluation 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 timber
specified in the Final Supplement to 1981-86 and 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 Statement, September
1992; and in the Kelp Bay Environmental Impact Statement, February 1992,
and supplemental evaluations related thereto.
Sec. 504. (a) Schedule for NEPA Compliance.--Each National Forest
System unit shall establish and adhere to a schedule for the completion
of National Environmental 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 schedule shall
provide that not more than 20 percent of the allotments shall undergo
NEPA analysis and decisions through fiscal year 1996.
(b) Reissuance Pending NEPA Compliance.--Notwithstanding 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
[[Page 109 STAT. 213]]
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 if a new term
grazing permit has not been issued to replace an expired or waived 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 or were waived in 1994 and 1995 before the date of
enactment of this Act.
CHAPTER VI
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $1,349,115,000 are rescinded, including $10,000,000 for necessary
expenses of construction, rehabilitation, and acquisition of new Job
Corps centers, $2,500,000 for the School-to-Work Opportunities Act,
$4,293,000 for section 401 of the Job Training Partnership Act,
$5,743,000 for section 402 of such Act, $3,861,000 for service delivery
areas under section 101(a)(4)(A)(iii) of such Act, $58,000,000 for
carrying out title II, part A of such Act, $272,010,000 for carrying out
title II, part C of such Act, $2,223,000 for the National Commission for
Employment Policy and $500,000 for the National Occupational Information
Coordinating Committee: Provided, That service delivery areas may
transfer up to 50 percent of the amounts allocated for program years
1994 and 1995 between the title II-B and title II-C programs authorized
by the Job Training Partnership Act, if such transfers are approved by
the Governor.
community service employment for older americans
(rescissions)
Of the funds made available in the first paragraph under this
heading in Public Law 103-333, $11,263,000 are rescinded.
Of the funds made available in the second paragraph under this
heading in Public Law 103-333, $3,177,000 are rescinded.
state unemployment insurance and employment service operations
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $20,000,000 are rescinded, and amounts which may be expended from
the Employment Security Administration account in the Unemployment Trust
Fund are reduced from $3,269,097,000 to $3,201,397,000.
[[Page 109 STAT. 214]]
Bureau of Labor Statistics
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $700,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $41,350,000 are rescinded.
Centers for Disease Control and Prevention
disease control, research, and training
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $2,300,000 are rescinded.
National Institutes of Health
national center for research resources
(rescission)
Of the funds made available under this heading in Public Law 103-333
for extramural facilities construction grants, $10,000,000 are
rescinded.
buildings and facilities
(rescission)
Of the available balances under this heading, $60,000,000 are
rescinded.
Assistant Secretary for Health
office of the assistant secretary for health
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $1,400,000 are rescinded.
[[Page 109 STAT. 215]]
Agency for Health Care Policy and Research
health care policy and research
(rescission)
Of the Federal funds made available under this heading in Public Law
103-333, $3,132,000 are rescinded.
Health Care Financing Administration
program management
(rescission)
Funds made available under this heading in Public Law 103-333 are
reduced from $2,207,135,000 to $2,187,435,000, and funds transferred to
this account as authorized by section 201(g) of the Social Security Act
are reduced to the same amount.
Administration for Children and Families
job opportunities and basic skills
(rescission)
Of the funds made available under this heading in Public Law 103-
333, there is rescinded an amount equal to the total of the funds within
each State's limitation for fiscal year 1995 that are not necessary to
pay such State's allowable claims for such fiscal year.
Section 403(k)(3)(E) of the Social Security Act (as amended by
Public Law 100-485) <<NOTE: 42 USC 603.>> is amended by adding before
the ``and'': ``reduced by an amount equal to the total of those funds
that are within each State's limitation for fiscal year 1995 that are
not necessary to pay such State's allowable claims for such fiscal year
(except that such amount for such year shall be deemed to be
$1,300,000,000 for the purpose of determining the amount of the payment
under subsection (l) to which each State is entitled),''.
low income home energy assistance
(rescission)
Of the funds made available in the third paragraph under this
heading in Public Law 103-333, $319,204,000 are rescinded: Provided,
That of the funds made available in the fourth paragraph under this
heading in Public Law 103-333, $300,000,000 shall remain available until
September 30, 1996.
state legalization impact-assistance grants
(rescission)
Of the funds made available in the second paragraph under this
heading in Public Law 103-333, $2,000,000 are rescinded.
[[Page 109 STAT. 216]]
community services block grant
(rescissions)
Of the funds made available under this heading in Public Law 103-
333, $13,387,000 are rescinded.
Of the funds made available under this heading in Public Law 103-333
and reserved by the Secretary pursuant to section 674(a)(1) of the
Community Services Block Grant Act, $1,900,000 are rescinded.
children and families services programs
(rescission)
Of the funds made available under this heading in Public Law 103-333
to be derived from the Violent Crime Reduction Trust Fund, $15,900,000
are rescinded for carrying out the Community Schools Youth Services and
Supervision Grant Program Act of 1994: Provided, That the funds
remaining available for obligation after this rescission for carrying
out this Act may only be used for entrepreneurship, academic, or
tutorial programs or for work force preparation.
Administration on Aging
aging services programs
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $899,000 are rescinded.
Office of the Secretary
policy research
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $4,018,000 are rescinded.
DEPARTMENT OF EDUCATION
education reform
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $34,030,000 are rescinded, including $10,000,000 from funds made
available for State and local education systemic improvement, and
$21,530,000 from funds made available for Federal activities under the
Goals 2000: Educate America Act; and $2,500,000 from funds made
available under the School-to-Work Opportunities Act for National
programs.
[[Page 109 STAT. 217]]
education for the disadvantaged
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $4,606,000 are rescinded from part E, section 1501 of the
Elementary and Secondary Education Act.
school improvement programs
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $182,940,000 are rescinded as follows: From the Elementary and
Secondary Education Act, title II-B, $69,000,000, title IV, $15,981,000,
title V-C, $16,000,000, title IX-B, $3,000,000, title X-D, $1,500,000,
title X-G, $1,185,000, section 10602, $1,399,000, title XII,
$35,000,000, and title XIII-A, $14,900,000; from the Higher Education
Act, section 596, $13,875,000; and from funds derived from the Violent
Crime Reduction Trust Fund, $11,100,000.
bilingual and immigrant education
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $38,500,000 are rescinded from funding for title VII-A of the
Elementary and Secondary Education Act.
vocational and adult education
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $90,607,000 are rescinded as follows: From the Carl D. Perkins
Vocational and Applied Technology Education Act, title III-A, and III-B,
$43,888,000, and from title IV-A, IV-B and IV-C, $23,434,000; from the
Adult Education Act, part B-7, $7,787,000 and part C, section 371,
$6,000,000; and from the Stewart B. McKinney Homeless Assistance Act,
$9,498,000.
student financial assistance
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $85,000,000 are rescinded from funding for the Higher Education
Act, title IV, including $65,000,000 from part A-1 and $20,000,000 from
part H-1: Provided, That of the funds remaining under this heading from
Public Law 103-333, $6,178,680,000 shall be for part A-1.
higher education
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $43,472,000 are rescinded as follows: From amounts available for
Public Law 99-498, $500,000; the Higher Education
[[Page 109 STAT. 218]]
Act, title IV-A, chapter 5, $496,000, title V-C, subparts 1 and 3,
$16,175,000, title IX-B, $10,100,000, title IX-C, $942,000, title IX-E,
$3,520,000, title IX-G, $1,698,000, title X-D, $2,920,000, and title XI-
A, $3,000,000; Public Law 102-325, $1,000,000; and the Excellence in
Mathematics, Science, and Engineering Education Act of 1990, $3,121,000:
Provided, That in carrying out title IX-B, the remaining appropriations
shall not be available for awards for doctoral study: Provided further,
That the funds remaining for Public Law 99-498 shall be available only
for native Alaskans.
howard university
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $1,800,000 are rescinded.
college housing and academic facilities loans program
(rescission)
Of the funds made available under this heading in Public Law 103-333
for the costs of direct loans, as authorized under part C of title VII
of the Higher Education Act, as amended, $168,000 are rescinded, and the
authority to subsidize gross loan obligations is repealed. In addition,
$264,000 appropriated for administrative expenses are rescinded.
education research, statistics, and improvement
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $30,925,000 are rescinded as follows: From the Elementary and
Secondary Education Act, title III-A, $17,500,000, title III-B,
$5,000,000, title III-D, $1,125,000, title X-B, $4,600,000 and title
XIII-B, $2,700,000: Provided, That of the amount made available under
this heading in Public Law 103-333, for title III-B, $8,000,000 shall be
reserved for additional projects that competed in the most recent
competition for statewide fiber-optics projects.
RELATED AGENCIES
Corporation for Public Broadcasting
(rescission)
Of the funds made available under this heading in Public Law 103-
112, $37,000,000 are rescinded. Of the funds made available under this
heading in Public Law 103-333, $55,000,000 are rescinded.
Railroad Retirement Board
dual benefits payments account
(rescission)
Of the funds made available under this heading in Public Law 103-
333, $7,000,000 are rescinded.
[[Page 109 STAT. 219]]
GENERAL PROVISIONS
Federal Direct Student Loan Program
Sec. 601. Section 458(a) of the Higher Education Act of 1965 (20
U.S.C. 1087h(a)) is amended--
(1) by striking ``$345,000,000'' and inserting
``$284,000,000''; and
(2) by striking ``$2,500,000,000'' and inserting
``$2,439,000,000''.
Sec. 602. None of the funds made available in any appropriations Act
for fiscal year 1995 may be used by the Occupational Safety and Health
Administration to promulgate or issue any proposed or final standard or
guideline regarding ergonomic protection. Nothing in this section shall
be construed to limit the Occupational Safety and Health Administration
from conducting any peer-reviewed risk assessment activity regarding
ergonomics, including conducting peer reviews of the scientific basis
for establishing any standard or guideline, direct or contracted
research, or other activity necessary to fully establish the scientific
basis for promulgating any standard or guideline on ergonomic
protection.
CHAPTER VII
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to the family trust of Dean A. Gallo, <<NOTE: Dean A.
Gallo.>> late a Representative from the State of New Jersey, $133,600.
JOINT ITEMS
joint economic committee
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $460,000 are rescinded.
joint committee on printing
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $238,137 are rescinded.
OFFICE OF TECHNOLOGY ASSESSMENT
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $650,000 are rescinded.
[[Page 109 STAT. 220]]
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $187,000 are rescinded.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
senate office buildings
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $850,000 are rescinded.
capitol power plant
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $1,650,000 are rescinded.
Administrative Provision
Sec. 701. Section 319 of the Legislative Branch Appropriations Act,
1990 (40 U.S.C. 162-1) is amended--
(1) by striking out ``Office'' each place it appears and
inserting in lieu thereof ``office'';
(2) in the second sentence of subsection (a)(2), by striking
out ``Commission'' and inserting in lieu thereof ``commission'';
and
(3) in subparagraph (D) of paragraph (2) of subsection (a),
by striking out ``Administration'' and all that follows through
the end of the subparagraph, and inserting in lieu thereof
``Oversight of the House of Representatives, the Committee on
Rules and Administration of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate.''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $5,000,000 are rescinded.
Office of Superintendent of Documents
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $600,000 are rescinded.
[[Page 109 STAT. 221]]
BOTANIC GARDEN
Salaries and Expenses
(rescission and transfer of funds)
Of the funds made available until expended by transfer under this
heading in Public Law 103-283, $4,000,000 are rescinded.
Of the funds made available until expended by transfer under this
heading in Public Law 103-283, $3,000,000 shall be transferred to the
appropriation ``Architect of the Capitol, Capitol Buildings and Grounds,
Capitol Complex Security Enhancements'', and shall remain available
until expended.
LIBRARY OF CONGRESS
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $150,000 are rescinded.
Books for the Blind and Physically Handicapped
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $100,000 are rescinded.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $2,617,000 are rescinded.
Administrative Provision
Sec. 702. <<NOTE: 5 USC 5597 note.>> The General Accounting Office
may for such employees as it deems appropriate authorize a payment to
employees who voluntarily separate before October 1, 1995, whether by
retirement or resignation, which payment shall be paid in accordance
with the provisions of section 5597(d) of title 5, United States Code.
[[Page 109 STAT. 222]]
CHAPTER VIII
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
Department of Transportation
Office of the Secretary
Working Capital Fund
(rescission)
The obligation authority under this heading in Public Law 103-331 is
hereby reduced by $6,000,000.
Payments to Air Carriers
(airport and airway trust fund)
(rescission of contract authorization)
Of the funds made available under this account, $5,300,000 are
rescinded: Provided, That the Secretary shall not enter into any
contracts for ``Small Community Air Service'' beyond September 30, 1995,
which require compensation fixed and determined under subchapter II of
chapter 417 of title 49, United States Code (49 U.S.C. 41731-42) payable
by the Department of Transportation.
COAST GUARD
Operating Expenses
(rescission)
Of the amounts provided under this heading in Public Law 103-331,
$4,300,000 are rescinded.
Acquisition, Construction, and Improvements
(rescission)
Of the available balances under this heading, $35,314,000 are
rescinded.
Environmental Compliance and Restoration
(rescission)
Of the available balances under this heading, $2,500,000 are
rescinded.
FEDERAL AVIATION ADMINISTRATION
Operations
(rescission)
Of the available balances under this heading, $1,000,000 are
rescinded.
[[Page 109 STAT. 223]]
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the available balances under this heading, $24,850,000 are
rescinded.
Research, Engineering, and Development
(airport and airway trust fund)
(rescission)
Of the available balances under this heading, $7,500,000 are
rescinded.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this account,
$2,094,000,000 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on General Operating Expenses
(rescission of contract authorization)
The obligation limitation under this heading in Public Law 103-331
is hereby reduced by $54,550,000.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
(rescissions of contract authorization)
The <<NOTE: 23 USC 104 note.>> obligation limitation under this
heading in Public Law 103-331 is hereby reduced by $132,190,000, of
which $27,640,000 shall be deducted from amounts made available for the
Applied Research and Technology Program authorized under section 307(e)
of title 23, United States Code, and $50,000,000 shall be deducted from
the amounts available for the Congestion Pricing Pilot Program
authorized under section 1002(b) of Public Law 102-240, and $54,550,000
shall be deducted from the limitation on General Operating Expenses:
Provided, That the amounts deducted from the aforementioned programs are
rescinded.
[[Page 109 STAT. 224]]
Federal-Aid Highways
emergency relief program
(highway trust fund)
(rescission)
Of the amounts provided under this heading in Public Law 103-211,
$100,000,000 are rescinded.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
(transfer of funds)
Section 341 of Public Law 103-331 <<NOTE: 108 Stat. 2496.>> is
amended by deleting ``and received from the Delaware and Hudson
Railroad,'' after ``amended,''.
Northeast Corridor Improvement Program
(rescission)
Of the available balances under this heading, $9,707,000 are
rescinded.
National Magnetic Levitation Prototype Development Program
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
$250,000,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
Transit Planning and Research
(rescission)
Of the available balances under this heading, $7,000,000 are
rescinded.
Discretionary Grants
(limitation on obligations)
(highway trust fund)
(rescissions of contract authorization)
Notwithstanding section 313 of Public Law 103-331, the obligation
limitations under this heading in the following Department of
Transportation and Related Agencies Appropriations Acts are reduced by
the following amounts:
Public Law 102-143, $31,681,500, to be distributed as follows:
(a) $1,281,500 is rescinded from amounts made available for
replacement, rehabilitation, and purchase of buses and
[[Page 109 STAT. 225]]
related equipment and the construction of bus-related
facilities: Provided, That the foregoing reduction shall be
distributed according to the reductions identified in Senate
Report 104-17, for which the obligation limitation in Public Law
102-143 was applied; and
(b) $30,400,000 is rescinded from amounts made available for
new fixed guideway systems, to be distributed as follows:
$1,000,000, Cleveland Dual Hub Corridor Project;
$465,000, Kansas City-South LRT Project;
$950,000, San Diego Mid-Coast Extension Project;
$17,100,000, Hawthorne-Warwick Commuter Rail
Project;
$375,000, New York Staten Island Midtown Ferry
Project;
$4,000,000, San Jose-Gilroy Commuter Rail Project;
$1,620,000, Seattle-Tacoma Commuter Rail Project;
and
$4,890,000, Detroit LRT Project.
Public Law 101-516, $2,230,000, to be distributed as follows:
(a) $2,230,000 is rescinded from amounts made available for
new fixed guideway systems, for the Cleveland Dual Hub Corridor
Project.
Mass Transit Capital Fund
(liquidation of contract authorization)
(highway trust fund)
For an additional amount for liquidation of obligations incurred in
carrying out section 5338(b) of title 49, United States Code,
$350,000,000, to be derived from the Highway Trust Fund and to remain
available until expended.
GENERAL PROVISIONS
(including rescissions)
Sec. 801. Of the funds provided in Public Law 103-331 for the
Department of Transportation working capital fund (WCF), $6,000,000 are
rescinded, which limits fiscal year 1995 WCF obligational authority for
elements of the Department of Transportation funded in Public Law 103-
331 to no more than $87,000,000.
Sec. 802. Of the total budgetary resources available to the
Department of Transportation (excluding the Maritime Administration)
during fiscal year 1995 for civilian and military compensation and
benefits and other administrative expenses, $15,000,000 are permanently
canceled.
Sec. 803. Section 326 of Public Law 103-122 <<NOTE: 107 Stat.
1222.>> is hereby amended to delete the words ``or previous Acts'' each
time they appear in that section.
[[Page 109 STAT. 226]]
CHAPTER IX
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
Federal Buildings Fund
(transfer of funds)
Of the funds made available for the Federal Buildings Fund in Public
Law 103-329, $5,000,000 shall be made available by the General Services
Administration to implement an agreement between the Food and Drug
Administration and another entity for space, equipment and facilities
related to seafood research.
Office of Personnel Management
Government Payment for Annuitants, Employee Life Insurance Benefits
For an additional amount for ``Government payment for annuitants,
employee life insurance'', $9,000,000 to remain available until
expended.
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
In the paragraph under this heading in Public Law 103-
329, <<NOTE: 108 Stat. 2382.>> delete ``of which not less than
$6,443,000 and 85 full-time equivalent positions shall be available for
enforcement activities;''.
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $100,000 are rescinded.
Federal Law Enforcement Training Center
salaries and expenses
For an additional amount for ``Salaries and expenses'', $11,000,000,
to remain available until September 30, 1996.
In the paragraph under this heading in Public Law 103-
329, <<NOTE: 108 Stat. 2383.>> delete ``first-aid and emergency'' and
insert ``short-term'' before ``medical services''.
Acquisition, Construction, Improvements, and Related Expenses
(rescission)
Of the funds made available for construction at the Davis-Monthan
Training Center under Public Law 103-123, $5,000,000
[[Page 109 STAT. 227]]
are rescinded. Of the funds made available for construction at the
Davis-Monthan Training Center under Public Law 103-329, $6,000,000 are
rescinded: Provided, That $1,000,000 of the remaining funds made
available under Public Law 103-123 shall be used to initiate design and
construction of a Burn Building at the Training Center in Glynco,
Georgia.
Financial Management Service
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $160,000 are rescinded.
Bureau of the Public Debt
Administering the Public Debt
(rescission)
Of the funds made available under this heading in Public Law 103-
123, $1,500,000 are rescinded.
United States Mint
salaries and expenses
In the paragraph under this heading in Public Law 103-
329, <<NOTE: 108 Stat. 2386.>> insert ``not to exceed'' after ``of
which''.
Internal Revenue Service
Information Systems
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $1,490,000 are rescinded.
Administrative Provision--Internal Revenue Service
In the paragraph under this heading in Public Law 103-329, in
section 3, <<NOTE: 26 USC 7801 note.>> after ``$119,000,000'', insert
``annually''.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House Office
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $171,000 are rescinded.
[[Page 109 STAT. 228]]
Federal Drug Control Programs
special forfeiture fund
(including rescission and transfer of funds)
For activities authorized by Public Law 100-690, an additional
amount of $13,200,000, to remain available until expended for transfer
to the United States Customs Service, ``Salaries and expenses'' for
carrying out border enforcement activities: Provided, That of the funds
made available under this heading in Public Law 103-329, $13,200,000 are
rescinded.
INDEPENDENT AGENCIES
General Services Administration
Federal Buildings Fund
limitations on the availability of revenue
(rescission)
Of the funds made available under this heading in Public Laws 101-
136, 101-509, 102-27, 102-141, 102-393, 103-123, 103-329, $631,412,000
are rescinded from the following projects in the following amounts:
Arizona:
Bullhead City, a grant to the Federal Aviation
Administration for a runway protection zone, $2,200,000.
Lukeville, commercial lot expansion, $1,219,000.
Nogales, U.S. Border Patrol Sector, headquarters,
$2,000,000.
Phoenix, U.S. Courthouse, $12,137,000.
San Luis, primary lane expansion and administrative
office space, $3,496,000.
Sierra Vista, U.S. Magistrates office, $1,000,000.
California:
Menlo Park, United States Geological Survey, Office
laboratory building, $790,000.
San Francisco, Federal Office Building, $9,701,000.
District of Columbia:
Central and West heating plants, $5,000,000.
Corps of Engineers, headquarters, $37,618,000.
General Services Administration, Southeast Federal
Center, headquarters, $25,000,000.
U.S. Secret Service, headquarters, $9,316,000.
Florida:
Tampa, U.S. Courthouse, $5,994,000.
Georgia:
Albany, U.S. Courthouse, $87,000.
Atlanta, Centers for Disease Control, site
acquisition and improvement, $25,890,000.
Atlanta, Centers for Disease Control, $14,110,000.
Hawaii:
University of Hawaii-Hilo, Consolidation,
$12,000,000.
Illinois:
Chicago, Social Security Administration District
Office, $2,130,000.
[[Page 109 STAT. 229]]
Chicago, Federal Center, $29,753,000.
Chicago, John C. Kluczynski, Jr., Federal building,
$13,414,000.
Maryland:
Avondale, De LaSalle building, $16,671,000.
Montgomery County, FDA consolidation, $228,000,000.
Woodlawn, SSA East High-Low building, $17,292,000.
Massachusetts:
Boston, Federal building-U.S. Courthouse,
$4,076,000.
Nevada:
Reno, Federal building-U.S. Courthouse, $1,465,000.
New Hampshire:
Concord, Federal building-U.S. Courthouse,
$3,519,000.
New Jersey:
Newark, parking facility, $8,500,000.
New Mexico:
Santa Teresa, Border Station, $4,004,000.
North Dakota:
Fargo, Federal building-U.S. Courthouse, $1,371,000.
Ohio:
Steubenville, U.S. Courthouse, $2,820,000.
Oregon:
Portland, U.S. Courthouse, $5,000,000.
Pennsylvania:
Philadelphia, Veterans Administration, $1,276,000.
Texas:
Ysleta, site acquisition and construction,
$1,727,000.
United States Virgin Islands:
Charlotte Amalie, St. Thomas, U.S. Courthouse Annex,
$2,184,000.
Washington:
Seattle, U.S. Courthouse, $10,949,000.
Walla Walla, Corps of Engineers building,
$2,800,000.
West Virginia:
Wheeling, Federal building and U.S. Courthouse,
$28,303,000.
Nationwide:
Chlorofluorocarbons program, $33,300,000.
Energy program, $45,300,000.
Federal Election Commission
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $1,396,000 are rescinded.
Office of Personnel Management
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
329, $3,140,000 are rescinded.
[[Page 109 STAT. 230]]
GENERAL PROVISIONS
Sec. 901. Section 5545a of title 5, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in the matter before subparagraph (A) by
striking ``is required to'' and inserting in lieu
thereof ``who is required to''; and
(B) by inserting ``and'' immediately after
subparagraph (E)(v); and
(2) by adding at the end thereof the following new
subsection:
``(j) Notwithstanding any other provision of this section, any
Office of Inspector General which employs fewer than 5 criminal
investigators may elect not to cover such criminal investigators under
this section.''.
Sec. 902. (a) Section 5545a of title 5, United States Code, is
amended by inserting at the appropriate place the following new
subsection:
``(i) The provisions of subsections (a)-(h) providing for
availability pay shall apply to a pilot employed by the United States
Customs Service who is a law enforcement officer as defined under
section 5541(3). For the purpose of this section, section 5542(d) of
this title, and section 13(a)(16) and (b)(30) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), such pilot
shall be deemed to be a criminal investigator as defined in this
section. The Office of Personnel Management may prescribe regulations to
carry out this subsection.''.
(b) The amendment made by subsection (a) of this
section <<NOTE: Effective date. 5 USC 5545a note.>> shall take effect
on the first day of the first applicable pay period which begins on or
after the 30th day following the date of enactment of this Act.
Sec. 903. Section 528 of Public Law 103-329 <<NOTE: 108 Stat.
2412.>> is amended by adding at the end a new proviso: ``Provided
further, That the amount set forth therefor in the budget estimates may
be exceeded by no more than 5 percent in the event of emergency
requirements.''.
CHAPTER X
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES
Independent Agencies
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'' for necessary
expenses in carrying out the functions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$3,275,000,000, to remain available until expended: Provided, That such
amount is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
[[Page 109 STAT. 231]]
disaster relief emergency contingency fund
For necessary expenses in carrying out the functions of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $3,275,000,000, to become available on October 1, 1995, and
remain available until expended: Provided, That such amount shall be
available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further, That such
amount is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
national flood insurance fund
(transfer of funds)
Of the funds available from the National Flood Insurance Fund for
activities under the National Flood Insurance Reform Act of 1994, an
additional amount not to exceed $331,000 shall be transferred as needed
to the ``Salaries and expenses'' appropriation for flood mitigation and
flood insurance operations, and an additional amount not to exceed
$5,000,000 shall be transferred as needed to the ``Emergency management
planning and assistance'' appropriation for flood mitigation expenses
pursuant to the National Flood Insurance Reform Act of 1994.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical care
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $50,000,000 are rescinded: Provided, That section 509 of the
general provisions carried in title V of Public Law 103-327 regarding
personnel compensation and benefits expenditures shall not apply to the
funds provided under this heading in such Act.
Departmental Administration
construction, major projects
(rescission)
Of the funds made available under this heading in Public Law 103-327
and prior years, $31,000,000 are rescinded.
[[Page 109 STAT. 232]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
national homeownership trust demonstration program
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $50,000,000 are rescinded.
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, $5,131,400,000 are rescinded: Provided, That of the
total rescinded under this heading, $700,600,000 shall be from amounts
earmarked for development or acquisition costs of public housing
(including $80,000,000 of funds for public housing for Indian families),
except that such rescission shall not apply to funds for priority
replacement housing for units demolished or disposed of (including units
to be disposed of pursuant to a homeownership program under section 5(h)
or title III of the United States Housing Act of 1937, as amended
(hereinafter referred to as ``the Act'')) from the existing public
housing inventory, as determined by the Secretary, or to
funds related to litigation settlements or court orders, and the
Secretary shall not be required to make any remaining funds available
pursuant to section 213(d)(1)(A) of the Housing and Community
Development Act of 1974 and notwithstanding any other provision of law,
the Secretary may recapture unobligated funds for development or
acquisition costs of public housing (including public housing for
Indians) irrespective of the length of time funds have been reserved or
of any time extension previously granted by the Secretary;
$1,956,000,000 shall be from amounts earmarked for new incremental
rental subsidy contracts under the section 8 existing housing
certificate program (42 U.S.C. 1437f) and the housing voucher program
under section 8(o) of the Act (42 U.S.C. 1437f(o)), excluding
$300,000,000 previously made available for the Economic Development
Initiative (EDI), and the remaining authority for such purposes shall be
only for units necessary to provide housing assistance for residents to
be relocated from existing federally subsidized or assisted housing, for
replacement housing for units demolished or disposed of (including units
to be disposed of pursuant to a homeownership program under section 5(h)
or title III of the United States Housing Act of 1937) from the public
housing inventory, for funds related to litigation settlements or court
orders, for amendments to contracts to permit continued assistance to
participating families, or to enable public housing authorities to
implement ``mixed population'' plans for developments housing primarily
elderly residents; $815,000,000 shall be from amounts earmarked for the
modernization of existing public housing projects pursuant to section 14
of the United States Housing Act of 1937, and the Secretary shall take
actions necessary to assure that such rescission is distributed among
public housing authorities, as if such rescission occurred prior to the
commencement
of the fiscal year; $22,000,000 shall be from amounts earmarked for
special purpose grants;
[[Page 109 STAT. 233]]
$148,300,000 shall be from amounts earmarked for loan management set-
asides; $15,000,000 shall be from amounts earmarked for the family
unification program; $15,000,000 shall be from amounts earmarked for the
housing opportunities for persons with AIDS program; $34,200,000 shall
be from amounts earmarked for lease adjustments; $39,000,000 shall be
from amounts previously made available under this head in Public Law
103-327, and previous Acts, which are recaptured (in addition to other
sums which are, or may be recaptured); $70,000,000 shall be from amounts
earmarked for section 8 counseling; $50,000,000 shall be from amounts
earmarked for service coordinators; $66,000,000 shall be from amounts
earmarked for family investment centers; $85,300,000 shall be from
amounts earmarked for the lead-based paint hazard reduction program; and
$1,115,000,000 shall be from funds available for all new incremental
units (including funds previously reserved or obligated and recaptured
for the development or acquisition costs of public housing (including
public housing for Indian families), incremental rental subsidy
contracts under the section 8 existing housing certificate program (42
U.S.C. 1437f), and the housing voucher program under section 8(o) of the
Act (42 U.S.C. 1437f(o))) and non-incremental, unobligated balances:
Provided further, That in allocating this $1,115,000,000 rescission, the
Secretary may reduce the appropriations needs of the Department by (1)
waiving any provision of section 202 of the Housing Act of 1959 and
section 811 of the National Affordable Housing Act (including the
provisions governing the terms and conditions of project rental
assistance) that the Secretary determines is not necessary to achieve
the objectives of these programs, or that otherwise impedes the ability
to develop, operate or administer projects assisted under these
programs, and may make provision for alternative conditions or terms
where appropriate and (2) managing and disposing of HUD-owned and HUD-
held multifamily properties without regard to any other provision of
law: Provided further, That the Secretary shall submit to the
appropriate committees of the Congress a detailed operating plan of
proposed funding levels for activities under this account within 30 days
of enactment of this Act, and such funding levels shall not be subject
to pre-existing earmarks or set-asides, notwithstanding any other
provision of law.
(deferral)
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, $405,900,000 of amounts earmarked for the preservation
of low-income housing programs (excluding $17,000,000 previously
earmarked, plus an additional $5,000,000, for preservation technical
assistance grant funds pursuant to section 253 of the Housing and
Community Development Act of 1987, as amended) shall not become
available for obligation until September 30, 1995: Provided, That,
notwithstanding any other provision of law, pending the availability of
such funds, the Department of Housing and Urban Development may suspend
further processing of applications.
[[Page 109 STAT. 234]]
assistance for the renewal of expiring section 8 subsidy contracts
(rescission)
Of the funds made available under this heading in Public Law 103-
327, and in prior years, $1,177,000,000 are rescinded: Provided, That
renewals of expiring section 8 contracts with funds provided under this
heading in Public Law 103-327, and in prior years, may be for a term of
two years. In renewing an annual contributions contract with a public
housing agency administering the tenant-based existing housing
certificate program (42 U.S.C. 1437f) or the housing voucher program
under section 8(o) (42 U.S.C. 1437f(o)) of the United States Housing Act
of 1937, as amended, the Secretary shall take into account the amount in
the project reserve under the contract being renewed in determining the
amount of budget authority to obligate under the renewed contract (the
total amount available in all such project reserves is estimated to be
$427,000,000) and the Secretary may determine not to apply section
8(o)(6)(B) of the Act to renewals of housing vouchers during the
remainder of fiscal year 1995.
congregate services
(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, $37,000,000 are rescinded.
youthbuild program
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $10,000,000 are rescinded.
housing counseling assistance
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $38,000,000 are rescinded.
flexible subsidy fund
(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, and
excess rental charges, collections and other amounts in the fund,
$8,000,000 are rescinded.
nehemiah housing opportunities fund
(rescission)
Of the funds transferred to this revolving fund in prior years,
$10,500,000 are rescinded.
[[Page 109 STAT. 235]]
Homeless Assistance
homeless assistance grants
(deferral)
Of the funds made available under this heading in Public Law 103-
327, $297,000,000 shall not become available for obligation until
September 30, 1995.
Administrative Provisions
Sec. 1001. (a) Section 14 of the United States Housing Act of
1937 <<NOTE: 42 USC 1437l.>> is amended by adding at the end the
following new subsection:
``(q)(1) Notwithstanding any other provision of law, a public
housing agency may use modernization assistance provided under section
14 for any eligible activity related to public housing which is
currently authorized by this Act or applicable appropriations Acts for a
public housing agency, including the demolition of existing units, for
replacement housing, modernization activities related to the public
housing portion of housing developments held in partnership, or
cooperation with non-public housing entities, and for temporary
relocation assistance, provided that the assistance provided to the
public housing agency under section 14 is principally used for the
physical improvement or replacement of public housing and for associated
management improvements, except as otherwise approved by the Secretary,
and provided the public housing agency consults with the appropriate
local government officials (or Indian tribal officials) and with tenants
of the public housing developments. The public housing agency shall
establish procedures for consultation with local government officials
and tenants, and shall follow applicable regulatory procedures as
determined by the Secretary.
``(2) The authorization provided under this subsection shall not
extend to the use of public housing modernization assistance for public
housing operating assistance.''.
(b) Subsection (a) shall be effective for assistance
appropriated <<NOTE: Effective date. 42 USC 1437l note.>> on or before
the effective date of this Act.
Sec. 1002. (a) Section 18 of the United States Housing Act of
1937 <<NOTE: 42 USC 1437p.>> is amended by--
(1) inserting ``and'' at the end of subsection (b)(1);
(2) striking all that follows after ``Act'' in subsection
(b)(2) and inserting in lieu thereof the following: ``, and the
public housing agency provides for the payment of the relocation
expenses of each tenant to be displaced, ensures that the rent
paid by the tenant following relocation will not exceed the
amount permitted under this Act and shall not commence
demolition or disposition of any unit until the tenant of the
unit is relocated.'';
(3) striking subsection (b)(3);
(4) striking ``(1)'' in subsection (c);
(5) striking subsection (c)(2);
(6) inserting before the period at the end of subsection (d)
the following: ``: Provided, That nothing in this section shall
prevent a public housing agency from consolidating occupancy
within or among buildings of a public housing project, or among
projects, or with other housing for the purpose of
[[Page 109 STAT. 236]]
improving the living conditions of or providing more efficient
services to its tenants'';
(7) striking ``under section (b)(3)(A)'' in each place it
occurs in subsection (e);
(8) redesignating existing subsection (f) as subsection (g);
and
(9) inserting a new subsection (f) as follows:
``(f) Notwithstanding any other provision of law, replacement
housing units for public housing units demolished may be built on the
original public housing site or in the same neighborhood if the number
of such replacement units is significantly fewer than the number of
units demolished.''.
(b) Section 304(g) of the United States Housing Act of
1937 <<NOTE: 42 USC 1437aaa-3.>> is hereby repealed.
(c) Section 5(h) of the United States Housing Act of 1937 <<NOTE: 42
USC 1437c.>> is amended by striking the last sentence.
(d) Subsections (a), (b), and (c) shall be
effective <<NOTE: Effective date. 42 USC 1437c note.>> for plans for
the demolition, disposition or conversion to homeownership of public
housing approved by the Secretary on or before September 30, 1995:
Provided, That no application for replacement housing submitted by a
public housing agency to implement a final order of a court issued, or a
settlement approved by a court, before enactment of this Act, shall be
affected by such amendments.
Sec. 1003. Section 8 of the United States Housing Act of
1937 <<NOTE: 42 USC 1437f.>> is amended by adding the following new
subsection:
``(z) Termination of Section 8 Contracts and Reuse of Recaptured
Budget Authority.--
``(1) General authority.--The Secretary may reuse any budget
authority, in whole or part, that is recaptured on account of
termination of a housing assistance payments contract (other
than a contract for tenant-based assistance) only for one or
more of the following:
``(A) Tenant-based assistance.--Pursuant to a
contract with a public housing agency, to provide
tenant-based assistance under this section to families
occupying units formerly assisted under the terminated
contract.
``(B) Project-based assistance.--Pursuant to a
contract with an owner, to attach assistance to one or
more structures under this section, for relocation of
families occupying units formerly assisted under the
terminated contract.
``(2) Families occupying units formerly assisted under
terminated contract.--Pursuant to paragraph (1), the Secretary
shall first make available tenant- or project-based assistance
to families occupying units formerly assisted under the
terminated contract. The Secretary shall provide project-based
assistance in instances only where the use of tenant-based
assistance is determined to be infeasible by the Secretary.
``(3) Effective date.--This subsection shall be effective
for actions initiated by the Secretary on or before September
30, 1995.''.
eligibility of state and local public housing units for comprehensive
grants
Sec. 1003A. The first sentence of section 14(k)(2)(D)(i) of the
United States Housing Act of 1937 <<NOTE: 42 USC 1437l.>> is amended by
striking ``shall''
[[Page 109 STAT. 237]]
and inserting the following: ``shall, except as otherwise agreed by the
Secretary and the agency,''.
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
program account
For grants, loans, and technical assistance to qualifying community
development financial institutions, and administrative expenses of the
Fund, $50,000,000, to remain available until September 30, 1996:
Provided, That of the funds made available under this heading not to
exceed $4,000,000 may be used for the cost of direct loans, and not to
exceed $400,000 may be used for administrative expenses to carry out the
direct loan program: Provided further, That the cost of direct loans,
including the cost of modifying such loans, shall be defined as in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $31,600,000: Provided
further, That none of these funds shall be used to supplement existing
resources provided to the Department for activities such as external
affairs, general counsel, administration, finance, or office of
inspector general: Provided further, That none of these funds shall be
available for expenses of an Administrator as defined in section 104 of
the Community Development Banking and Financial Institutions Act of 1994
(CDBFI Act): Provided further, That the number of staff funded under
this heading shall not exceed 10 full-time equivalents: <<NOTE: 12 USC
4703 note.>> Provided further, That notwithstanding any other provision
of law, for purposes of administering the Community Development
Financial Institutions Fund, the Secretary of the Treasury shall have
all powers and rights of the Administrator of the CDBFI Act and the Fund
shall be within the Department of the Treasury.
INDEPENDENT AGENCIES
Chemical Safety and Hazard Investigation Board
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $500,000 are rescinded.
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, $124,000,000 are rescinded and any unobligated funds as of June 30,
1995 are also rescinded.
[[Page 109 STAT. 238]]
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, $14,635,000 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 Environmental Protection Agency shall not be
required to site a computer to support the regional acid deposition
monitoring program in the Bay City, Michigan, vicinity.
buildings and facilities
(rescission)
Of the funds made available under this heading in Public Law 102-389
and Public Law 102-139 for the Center for Ecology Research and Training,
$83,000,000 are rescinded.
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
(rescission)
Of the funds made available under this heading in Public Law 103-327
and Public Law 103-124, $1,077,200,000 are rescinded: Provided, That
$1,074,000,000 of this amount is to be derived from amounts appropriated
for State revolving funds and $3,200,000 is to be derived from amounts
appropriated for making grants for the construction of wastewater
treatment facilities specified in House Report 103-715.
Administrative Provisions
Sec. 1004. 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 require
[[Page 109 STAT. 239]]
ment of section 182 of the Clean Air Act by adopting or implementing a
test-only or IM240 enhanced vehicle inspection and maintenance program,
except that EPA may approve such a program if a State chooses to submit
one to meet that requirement.
Sec. 1005. 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 measures to reduce vehicular emissions. Section 304 of the
Clean Air Act (42 U.S.C. 7604) shall not apply with respect to any such
requirement during the period beginning on the date of the enactment of
this Act and ending September 30, 1995.
Sec. 1006. 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 established by section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as
amended (42 U.S.C. 9605), unless the Administrator receives a written
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. 1007. None of the funds made available in any appropriations
Act for fiscal year 1995 shall be spent by the Environmental Protection
Agency to disapprove a State implementation plan (SIP) revision solely
on the basis of the Agency's regulatory 50 percent discount for
alternative test-and-repair inspection and maintenance programs.
Notwithstanding any other provision of EPA's regulatory requirements,
the EPA shall assign up to 100 percent credit when such State has
provided data for the proposed inspection and maintenance system that
demonstrates evidence that such credits are appropriate. The
Environmental Protection Agency shall complete and present a technical
assessment of the State's demonstration within 45 days after submittal
by the State.
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 funds appropriated under ``Research
and Development'' in prior years, $95,000,000 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 rescinded; and of any unobligated balances from
funds appropriated under this heading in prior years, $7,000,000 are
rescinded.
[[Page 109 STAT. 240]]
mission support
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $32,000,000 are rescinded.
space flight, control and data communications
(rescission)
Of the available balances under this heading in previous fiscal
years, $43,000,000 are rescinded.
Administrative Provisions
(including transfer of funds)
Sec. 1008. The Administrator is authorized to acquire, for no more
than $35,000,000, a certain parcel of land, together with existing
facilities, located on the site of the property referred to as the Clear
Lake Development Facility, Clear Lake, Texas. The land and facilities in
question comprise approximately 13 acres and include a Light
Manufacturing Facility, an Avionics Development Facility, and an
Assembly and Test Building which shall be modified for use as a Neutral
Buoyancy Laboratory in support of human space flight activities.
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.
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
emergency salvage timber sale program
Sec. 2001. <<NOTE: 16 USC 1611 note.>> (a) Definitions.--For
purposes of this section:
(1) The term ``appropriate committees of Congress'' means
the Committee on Resources, the Committee on Agriculture, and
the Committee on Appropriations of the House of Representatives
and the Committee on Energy and Natural Resources, the Committee
on Agriculture, Nutrition, and Forestry, and the Committee on
Appropriations of the Senate.
[[Page 109 STAT. 241]]
(2) The term ``emergency period'' means the period beginning
on the date of the enactment of this section and ending on
September 30, 1997.
(3) The term ``salvage timber sale'' means a timber sale for
which an important reason for entry includes the removal of
disease- or insect-infested trees, dead, damaged, or down trees,
or trees affected by fire or imminently susceptible to fire or
insect attack. Such term also 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.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture, with respect to
lands within the National Forest System; and
(B) the Secretary of the Interior, with respect to
Federal lands under the jurisdiction of the Bureau of
Land Management.
(b) Completion of Salvage Timber Sales.--
(1) Salvage timber sales.-- <<NOTE: Contracts.>> Using the
expedited procedures provided in subsection (c), the Secretary
concerned shall prepare, advertise, offer, and award contracts
during the emergency period for salvage timber sales from
Federal lands described in subsection (a)(4). During the
emergency period, the Secretary concerned is to achieve, to the
maximum extent feasible, a salvage timber sale volume level
above the programmed level to reduce the backlogged volume of
salvage timber. The preparation, advertisement, offering, and
awarding of such contracts shall be performed utilizing
subsection (c) and notwithstanding any other provision of law,
including a law under the authority of which any judicial order
may be outstanding on or after the date of the enactment of this
Act.
(2) Use of salvage sale funds.--To conduct salvage timber
sales under this subsection, the Secretary concerned may use
salvage sale funds otherwise available to the Secretary
concerned.
(3) Sales in preparation.--Any salvage timber sale in
preparation on the date of the enactment of this Act shall be
subject to the provisions of this section.
(c) Expedited Procedures for Emergency Salvage Timber Sales.--
(1) Sale documentation.--
(A) Preparation.--For each salvage timber sale
conducted under subsection (b), the Secretary 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)) (including regulations implementing such 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. A document embodying decisions
relating to salvage timber sales proposed under authority of this
section shall, at the sole discretion of the Secretary concerned and to
the extent the Secretary concerned considers appropriate and feasible,
consider the environmental effects of the salvage timber
[[Page 109 STAT. 242]]
sale and the effect, if any, on threatened or endangered species, and to
the extent the Secretary concerned, at his sole discretion, considers
appropriate and feasible, be consistent with any standards and
guidelines from the management plans applicable to the National Forest
or Bureau of Land Management District on which the salvage timber sale
occurs.
(B) Use of existing materials.--In lieu of preparing
a new document under this paragraph, the Secretary
concerned may use a document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) before the date of the enactment of this
Act, a biological evaluation written before such date,
or information collected for such a document or
evaluation if the document, evaluation, or information
applies to the Federal lands covered by the proposed
sale.
(C) 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 Secretary concerned.
(2) Reporting requirements.--Not later than August 30, 1995,
the Secretary concerned shall submit a report to the appropriate
committees of Congress on the implementation of this section.
The report shall be updated and resubmitted to the appropriate
committees of Congress every six months thereafter until the
completion of all salvage timber sales conducted under
subsection (b). Each report shall contain the following:
(A) The volume of salvage timber sales sold and
harvested, as of the date of the report, for each
National Forest and each district of the Bureau of Land
Management.
(B) The available salvage volume contained in each
National Forest and each district of the Bureau of Land
Management.
(C) A plan and schedule for an enhanced salvage
timber sale program for fiscal years 1995, 1996, and
1997 using the authority provided by this section for
salvage timber sales.
(D) A description of any needed resources and
personnel, including personnel reassignments, required
to conduct an enhanced salvage timber sale program
through fiscal year 1997.
(E) A statement of the intentions of the Secretary
concerned with respect to the salvage timber sale volume
levels specified in the joint explanatory statement of
managers accompanying the conference report on H.R.
1158, House Report 104-124.
(3) Advancement of sales authorized.--The Secretary
concerned may begin salvage timber sales under subsection (b)
intended for a subsequent fiscal year before the start of such
fiscal year if the Secretary concerned determines that
performance of
such salvage timber sales will not interfere with salvage timber sales
intended for a preceding fiscal year.
(4) Decisions.--The Secretary concerned shall design and
select the specific salvage timber sales to be offered under
subsection (b) on the basis of the analysis contained in the
document or documents prepared pursuant to paragraph (1)
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to achieve, to the maximum extent feasible, a salvage timber
sale volume level above the program level.
(5) Sale preparation.--
(A) Use of available authorities.--The Secretary
concerned shall make use of all available authority,
including the employment of private contractors and the
use of expedited fire contracting procedures, to prepare
and advertise salvage timber sales under subsection (b).
(B) Exemptions.--The preparation, solicitation, and
award of salvage timber sales under subsection (b) shall
be exempt from--
(i) the requirements of the Competition in
Contracting Act (41 U.S.C. 253 et seq.) and the
implementing regulations in the Federal
Acquisition Regulation issued pursuant to section
25(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 421(c)) and any departmental
acquisition regulations; and
(ii) the notice and publication requirements
in section 18 of such Act (41 U.S.C. 416) and 8(e)
of the Small Business Act (15 U.S.C. 637(e)) and
the implementing regulations in the Federal
Acquisition Regulations and any departmental
acquisition regulations.
(C) Incentive payment recipients; report.--The
provisions of section 3(d)(1) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226; 5 U.S.C.
5597 note) shall not apply to any former employee of the
Secretary concerned who received a voluntary separation
incentive payment authorized by such Act and accepts
employment pursuant to this paragraph. The Director of
the Office of Personnel Management and the Secretary
concerned shall provide a summary report to the
appropriate committees of Congress, the Committee on
Government Reform and Oversight of the House of
Representatives, and the Committee on Governmental
Affairs of the Senate regarding the number of incentive
payment recipients who were rehired, their terms of
reemployment, their job classifications, and an
explanation, in the judgment of the agencies involved of
how such reemployment without repayment of the incentive
payments received is consistent with the original waiver
provisions of such Act. This report shall not be
conducted in a manner that would delay the rehiring of
any former employees under this paragraph, or affect the
normal confidentiality of Federal employees.
(6) Cost considerations.--Salvage timber sales undertaken
pursuant to this section shall not be precluded because the
costs of such activities are likely to exceed the revenues
derived from such activities.
(7) Effect of salvage sales.--The Secretary concerned shall
not substitute salvage timber sales conducted under subsection
(b) for planned non-salvage timber sales.
(8) Reforestation of salvage timber sale parcels.--The
Secretary concerned shall plan and implement reforestation of
each parcel of land harvested under a salvage timber sale
conducted under subsection (b) as expeditiously as possible
after completion of the harvest on the parcel, but in no case
[[Page 109 STAT. 244]]
later than any applicable restocking period required by law or
regulation.
(9) Effect on judicial decisions.--The Secretary concerned
may conduct salvage timber sales under subsection (b)
notwithstanding any decision, restraining order, or injunction
issued by a United States court before the date of the enactment
of this section.
(d) Direction To Complete Timber Sales on Lands Covered by Option
9.--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 concerned shall expeditiously
prepare, offer, and award timber sale contracts on Federal lands
described in the ``Record of Decision for Amendments to Forest Service
and Bureau of Land Management Planning Documents Within the Range of the
Northern Spotted Owl'', signed by the Secretary of the Interior and the
Secretary of Agriculture on April 13, 1994. The Secretary concerned may
conduct timber sales under this subsection notwithstanding any decision,
restraining order, or injunction issued by a United States court before
the date of the enactment of this section. The issuance of any
regulation pursuant to section 4(d) of the Endangered Species Act of
1973 (16 U.S.C. 1533(d)) to ease or reduce restrictions on non-Federal
lands within the range of the northern spotted owl shall be deemed to
satisfy the requirements of section 102(2)(C |
