II

104TH CONGRESS

1ST SESSION H. J. RES. 108

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 25), 1995

Received

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 1996,

and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the following sums are hereby appropriated, out of

4 any money in the Treasury not otherwise appropriated,

5 and out of applicable corporate or other revenues, receipts,

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for

8 the fiscal year 1996, and for other purposes, namely:

9 SEC. 101. (a) Such amounts as may be necessary

10 under the authority and conditions provided in the appli11 cable appropriations Act for the fiscal year 1995 for con12 tinuing projects or activities including the costs of direct

13 loans and loan guarantees (not otherwise specifically pro-
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1 vided for in this joint resolution) which were conducted

2 in the fiscal year 1995 and for which appropriations,

3 funds, or other authority would be available in the follow4 ing appropriations Acts:

5 The Agriculture, Rural Development, Food and

6 Drug Administration, and Related Agencies Appro7 priations Act, 1996;

8 The Departments of Commerce, Justice, and

9 State, the Judiciary, and Related Agencies Appro10 priations Act, 1996, notwithstanding section 15 of

11 the State Department Basic Authorities Act of

12 1956, section 701 of the United States Information

13 and Educational Exchange Act of 1948, section 313

14 of the Foreign Relations Authorization Act, Fiscal

15 Years 1994 and 1995 (Public Law 103–236), and

16 section 53 of the Arms Control and Disarmament

17 Act;

18 The Department of Defense Appropriations

19 Act, 1996, notwithstanding section 504(a)(1) of the

20 National Security Act of 1947;

21 The District of Columbia Appropriations Act,

22 1996;

23 The Energy and Water Development Appro24 priations Act, 1996;
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1 The Foreign Operations, Export Financing, and

2 Related Programs Appropriations Act, 1996, not3 withstanding section 10 of Public Law 91–672 and

4 section 15(a) of the State Department Basic Au5 thorities Act of 1956;

6 The Department of the Interior and Related

7 Agencies Appropriations Act, 1996;

8 The Departments of Labor, Health and Human

9 Services, and Education, and Related Agencies Ap10 propriations Act, 1996;

11 The Legislative Branch Appropriations Act,

12 1996;

13 The Military Construction Appropriations Act,

14 1996;

15 The Department of Transportation Appropria16 tions Act, 1996;

17 The Treasury, Postal Service, and General Gov18 ernment Appropriations Act, 1996;

19 The Departments of Veterans Affairs and

20 Housing and Urban Development, and Independent

21 Agencies Appropriations Act, 1996.

22 (b) Whenever the amount which would be made avail23 able or the authority which would be granted under an

24 Act listed in this section as passed by the House as of

25 October 1, 1995, is different from that which would be
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1 available or granted under such Act as passed by the Sen2 ate as of October 1, 1995, the pertinent project or activity

3 shall be continued at a rate for operations not exceeding

4 the average of the rates permitted by the action of the

5 House or the Senate under the authority and conditions

6 provided in the applicable appropriations Act for the fiscal

7 year 1995: Provided, That where an item is included in

8 only one version of the Act as passed by both Houses as

9 of October 1, 1995, the pertinent project or activity shall

10 be continued under the appropriation, fund, or authority

11 granted by the one House at a rate for operations that

12 is one-half of that permitted by the action of the one

13 House under the authority and conditions provided in the

14 applicable appropriations Act for the fiscal year 1995.

15 (c) Whenever an Act listed in this section has been

16 passed by only the House or only the Senate as of October

17 1, 1995, the pertinent project or activity shall be contin18 ued under the appropriation, fund, or authority granted

19 by the one House at a rate for operations not exceeding

20 the current rate or the rate permitted by the action of

21 the one House, whichever is lower, and under the author22 ity and conditions provided in applicable appropriations

23 Acts for the fiscal year 1995.

24 SEC. 102. No appropriation or funds made available

25 or authority granted pursuant to section 101 for the De-
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1 partment of Defense shall be used for new production of

2 items not funded for production in fiscal year 1995 or

3 prior years, for the increase in production rates above

4 those sustained with fiscal year 1995 funds, or to initiate,

5 resume, or continue any project, activity, operation, or or6 ganization which are defined as any project, subproject,

7 activity, budget activity, program element, and

8 subprogram within a program element and for investment

9 items are further defined as a P–1 line item in a budget

10 activity within an appropriation account and an R–1 line

11 item which includes a program element and subprogram

12 element within an appropriation account, for which appro13 priations, funds, or other authority were not available dur14 ing the fiscal year 1995: Provided, That no appropriation

15 or funds made available or authority granted pursuant to

16 section 101 for the Department of Defense shall be used

17 to initiate multi-year procurements utilizing advance pro18 curement funding for economic order quantity procure19 ment unless specifically appropriated later.

20 SEC. 103. Appropriations made by section 101 shall

21 be available to the extent and in the manner which would

22 be provided by the pertinent appropriations Act.

23 SEC. 104. No appropriation or funds made available

24 or authority granted pursuant to section 101 shall be used

25 to initiate or resume any project or activity for which ap-
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1 propriations, funds, or other authority were not available

2 during the fiscal year 1995.

3 SEC. 105. No provision which is included in an appro4 priations Act enumerated in section 101 but which was

5 not included in the applicable appropriations Act for fiscal

6 year 1995 and which by its terms is applicable to more

7 than one appropriation, fund, or authority shall be appli8 cable to any appropriation, fund, or authority provided in

9 this joint resolution.

10 SEC. 106. Unless otherwise provided for in this joint

11 resolution or in the applicable appropriations Act, appro12 priations and funds made available and authority granted

13 pursuant to this joint resolution shall be available until

14 (a) enactment into law of an appropriation for any project

15 or activity provided for in this joint resolution, or (b) the

16 enactment of the applicable appropriations Act by both

17 Houses without any provision for such project or activity,

18 or (c) November 13, 1995, whichever first occurs.

19 SEC. 107. Appropriations made and authority grant20 ed pursuant to this joint resolution shall cover all obliga21 tions or expenditures incurred for any program, project,

22 or activity during the period for which funds or authority

23 for such project or activity are available under this joint

24 resolution.
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1 SEC. 108. Expenditures made pursuant to this joint

2 resolution shall be charged to the applicable appropriation,

3 fund, or authorization whenever a bill in which such appli4 cable appropriation, fund, or authorization is contained is

5 enacted into law.

6 SEC. 109. No provision in the appropriations Act for

7 the fiscal year 1996 referred to in section 101 of this joint

8 resolution that makes the availability of any appropriation

9 provided therein dependent upon the enactment of addi10 tional authorizing or other legislation shall be effective be11 fore the date set forth in section 106(c) of this joint reso12 lution.

13 SEC. 110. Appropriations and funds made available

14 by or authority granted pursuant to this joint resolution

15 may be used without regard to the time limitations for

16 submission and approval of apportionments set forth in

17 section 1513 of title 31, United States Code, but nothing

18 herein shall be construed to waive any other provision of

19 law governing the apportionment of funds.

20 SEC. 111. Notwithstanding any other provision of

21 this joint resolution, except section 106, whenever an Act

22 listed in section 101 as passed by both the House and

23 Senate as of October 1, 1995, does not include funding

24 for an ongoing project or activity for which there is a

25 budget request, or whenever an Act listed in section 101
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1 has been passed by only the House or only the Senate

2 as of October 1, 1995, and an item funded in fiscal year

3 1995 is not included in the version passed by the one

4 House, or whenever the rate for operations for an ongoing

5 project or activity provided by section 101 for which there

6 is a budget request would result in the project or activity

7 being significantly reduced, the pertinent project or activ8 ity may be continued under the authority and conditions

9 provided in the applicable appropriations Act for the fiscal

10 year 1995 by increasing the rate for operations provided

11 by section 101 to a rate for operations not to exceed one

12 that provides the minimal level that would enable existing

13 activities to continue. No new contracts or grants shall

14 be awarded in excess of an amount that bears the same

15 ratio to the rate for operations provided by this section

16 as the number of days covered by this resolution bears

17 to 366. For the purposes of the Act, the minimal level

18 means a rate for operations that is reduced from the cur19 rent rate by 10 percent.

20 SEC. 112. Notwithstanding any other provision of

21 this joint resolution, except section 106, whenever the rate

22 for operations for any continuing project or activity pro23 vided by section 101 or section 111 for which there is a

24 budget request would result in a furlough of Government

25 employees, that rate for operations may be increased to
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1 a level that would enable the furlough to be avoided. No

2 new contracts or grants shall be awarded in excess of an

3 amount that bears the same ratio to the rate for oper4 ations provided by this section as the number of days cov5 ered by this resolution bears to 366.

6 SEC. 113. Notwithstanding any other provision of

7 this joint resolution, except sections 106, 111, and 112,

8 for those programs that had high initial rates of operation

9 or complete distribution of funding at the beginning of the

10 fiscal year in fiscal year 1995 because of distributions of

11 funding to States, foreign countries, grantees, or others,

12 similar distributions of funds for fiscal year 1996 shall

13 not be made and no grants shall be awarded for such pro14 grams funded by this resolution that would impinge on

15 final funding prerogatives.

16 SEC. 114. This joint resolution shall be implemented

17 so that only the most limited funding action of that per18 mitted in the resolution shall be taken in order to provide

19 for continuation of projects and activities.

20 SEC. 115. Notwithstanding any other provision of

21 this joint resolution, except section 106, the rates for oper22 ation for any continuing project or activity provided by

23 section 101 that have not been increased by the provisions

24 of section 111 or section 112 shall be reduced by 5 percent

25 but shall not be reduced below the minimal level defined
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1 in section 111 or below the level that would result in a

2 furlough.

3 SEC. 116. The provisions of section 132 of the Dis4 trict of Columbia Appropriations Act, 1988, Public Law

5 100–202, shall not apply for this joint resolution. Included

6 in the apportionment for the Federal Payment to the Dis7 trict of Columbia shall be an additional $217,000,000

8 above the amount otherwise made available by this joint

9 resolution.

10 SEC. 117. Notwithstanding any other provision of

11 this joint resolution, except section 106, the authority and

12 conditions for the application of appropriations for the Of13 fice of Technology Assessment as contained in the Con14 ference Report on the Legislative Branch Appropriations

15 Act, 1996, House Report 104–212, shall be followed when

16 applying the funding made available by this joint resolu17 tion.

18 SEC. 118. Notwithstanding any other provision of

19 this joint resolution, except section 106, any distribution

20 of funding under the Rehabilitation Services and Disabil21 ity Research account in the Department of Education may

22 be made up to an amount that bears the same ratio to

23 the rate for operation for this account provided by this

24 joint resolution as the number of days covered by this res25 olution bears to 366.
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1 SEC. 119. Notwithstanding any other provision of

2 this joint resolution, except section 106, the authorities

3 provided under subsection (a) of section 140 of the For4 eign Relations Authorization Act, Fiscal Years 1994 and

5 1995 (Public Law 103–236) shall remain in effect during

6 the period of this joint resolution, notwithstanding para7 graph (3) of said subsection.

8 SEC. 120. Notwithstanding any other provision of

9 this joint resolution, except section 106, the amount made

10 available to the Securities and Exchange Commission,

11 under the heading Salaries and Expenses, shall include,

12 in addition to direct appropriations, the amount it collects

13 under the fee rate and offsetting collection authority con14 tained in Public Law 103–352, which fee rate and offset15 ting collection authority shall remain in effect during the

16 period of this joint resolution.

17 SEC. 121. Until enactment of legislation providing

18 funding for the entire fiscal year ending September 30,

19 1996, for the Department of the Interior and Related

20 Agencies, funds available for necessary expenses of the

21 Bureau of Mines are for continuing limited health and

22 safety and related research, materials partnerships, and

23 minerals information activities; for mineral assessments in

24 Alaska; and for terminating all other activities of the Bu25 reau of Mines.
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1 SEC. 122. Notwithstanding any other provision of

2 this joint resolution, except section 106, funds for the En3 vironmental Protection Agency shall be made available in

4 the appropriation accounts which are provided in H.R.

5 2099 as reported on September 13, 1995.

6 SEC. 123. Notwithstanding any other provision of

7 this joint resolution, except section 106, the rate for oper8 ations for projects and activities that would be funded

9 under the heading ‘‘International Organizations and Con10 ferences, Contributions to International Organizations’’ in

11 the Departments of Commerce, Justice, and State, the Ju12 diciary, and Related Agencies Appropriations Act, 1996,

13 shall be the amount provided by the provisions of sections

14 101, 111, and 112 multiplied by the ratio of the number

15 of days covered by this resolution to 366 and multiplied

16 further by 1.27.

Passed the House of Representatives September 28,

1995.

Attest: ROBIN H. CARLE,

Clerk.