IA

104TH CONGRESS

1ST SESSION H. J. RES. 116

Making further continuing appropriations for the fiscal year 1996, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 7, 1995

Mr. OBEY introduced the following joint resolution; which was referred to the

Committee on Appropriations

JOINT RESOLUTION

Making further 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 appli-
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1 cable appropriations Act for the fiscal year 1995 for con2 tinuing projects or activities including the costs of direct

3 loans and loan guarantees (not otherwise specifically pro4 vided for in this joint resolution) which were conducted

5 in the fiscal year 1995 and for which appropriations,

6 funds, or other authority would be available in the follow7 ing appropriations Acts:

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 Department of Transportation Appropria14 tions Act, 1996;

15 The Treasury, Postal Service, and General Gov16 ernment Appropriations Act, 1996;

17 The Departments of Veterans Affairs and

18 Housing and Urban Development, and Independent

19 Agencies Appropriations Act, 1996.

20 (b) Whenever the amount which would be made avail21 able or the authority which would be granted under an

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

23 October 1, 1995, is different from that which would be

24 available or granted under such Act as passed by the Sen25 ate as of October 1, 1995, the pertinent project or activity
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1 shall be continued at a rate for operations not exceeding

2 the average of the rates permitted by the action of the

3 House or the Senate under the authority and conditions

4 provided in the applicable appropriations Act for the fiscal

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

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

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

8 be continued under the appropriation, fund, or authority

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

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

11 House under the authority and conditions provided in the

12 applicable appropriations Act for the fiscal year 1995.

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

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

15 1, 1995, the pertinent project or activity shall be contin16 ued under the appropriation, fund, or authority granted

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

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

19 the one House, whichever is lower, and under the author20 ity and conditions provided in applicable appropriations

21 Acts for the fiscal year 1995.

22 SEC. 102. No appropriation or funds made available

23 or authority granted pursuant to section 101 for the De24 partment of Defense shall be used for new production of

25 items not funded for production in fiscal year 1995 or
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1 prior years, for the increase in production rates above

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

3 resume, or continue any project, activity, operation, or or4 ganization which are defined as any project, subproject,

5 activity, budget activity, program element, and

6 subprogram within a program element and for investment

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

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

9 item which includes a program element and subprogram

10 element within an appropriation account, for which appro11 priations, funds, or other authority were not available dur12 ing the fiscal year 1995: Provided, That no appropriation

13 or funds made available or authority granted pursuant to

14 section 101 for the Department of Defense shall be used

15 to initiate multi-year procurements utilizing advance pro16 curement funding for economic order quantity procure17 ment unless specifically appropriated later.

18 SEC. 103. Appropriations made by section 101 shall

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

20 be provided by the pertinent appropriations Act.

21 SEC. 104. No appropriation or funds made available

22 or authority granted pursuant to section 101 shall be used

23 to initiate or resume any project or activity for which ap24 propriations, funds, or other authority were not available

25 during the fiscal year 1995.
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1 SEC. 105. No provision which is included in an appro2 priations Act enumerated in section 101 but which was

3 not included in the applicable appropriations Act for fiscal

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

5 than one appropriation, fund, or authority shall be appli6 cable to any appropriation, fund, or authority provided in

7 this joint resolution.

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

9 resolution or in the applicable appropriations Act, appro10 priations and funds made available and authority granted

11 pursuant to this joint resolution shall be available until

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

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

14 enactment of the applicable appropriations Act by both

15 Houses without any provision for such project or activity,

16 or (c) December 13, 1995, whichever first occurs.

17 SEC. 107. Appropriations made and authority grant18 ed pursuant to this joint resolution shall cover all obliga19 tions or expenditures incurred for any program, project,

20 or activity during the period for which funds or authority

21 for such project or activity are available under this joint

22 resolution.

23 SEC. 108. Expenditures made pursuant to this joint

24 resolution shall be charged to the applicable appropriation,

25 fund, or authorization whenever a bill in which such appli-
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1 cable appropriation, fund, or authorization is contained is

2 enacted into law.

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

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

5 resolution that makes the availability of any appropriation

6 provided therein dependent upon the enactment of addi7 tional authorizing or other legislation shall be effective be8 fore the date set forth in section 106(c) of this joint reso9 lution.

10 SEC. 110. Appropriations and funds made available

11 by or authority granted pursuant to this joint resolution

12 may be used without regard to the time limitations for

13 submission and approval of apportionments set forth in

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

15 herein shall be construed to waive any other provision of

16 law governing the apportionment of funds.

17 SEC. 111. Notwithstanding any other provision of

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

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

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

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

22 budget request, or whenever an Act listed in section 101

23 has been passed by only the House or only the Senate

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

25 1995 is not included in the version passed by the one
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1 House, or whenever the rate for operations for an ongoing

2 project or activity provided by section 101 for which there

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

4 being significantly reduced, the pertinent project or activ5 ity may be continued under the authority and conditions

6 provided in the applicable appropriations Act for the fiscal

7 year 1995 by increasing the rate for operations provided

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

9 that provides the minimal level that would enable existing

10 activities to continue. No new contracts or grants shall

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

12 ratio to the rate for operations provided by this section

13 as the number of days covered by this resolution bears

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

15 means a rate for operations that is reduced from the cur16 rent rate by 10 percent.

17 SEC. 112. Notwithstanding any other provision of

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

19 for operations for any continuing project or activity pro20 vided by section 101 or section 111 for which there is a

21 budget request would result in a furlough of Government

22 employees, that rate for operations may be increased to

23 a level that would enable the furlough to be avoided. No

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

25 amount that bears the same ratio to the rate for oper-
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1 ations provided by this section as the number of days cov2 ered by this resolution bears to 366.

3 SEC. 113. Notwithstanding any other provision of

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

5 for those programs that had high initial rates of operation

6 or complete distribution of funding at the beginning of the

7 fiscal year in fiscal year 1995 because of distributions of

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

9 similar distributions of funds for fiscal year 1996 shall

10 not be made and no grants shall be awarded for such pro11 grams funded by this resolution that would impinge on

12 final funding prerogatives.

13 SEC. 114. This joint resolution shall be implemented

14 so that only the most limited funding action of that per15 mitted in the resolution shall be taken in order to provide

16 for continuation of projects and activities.

17 SEC. 115. Notwithstanding any other provision of

18 this joint resolution, except section 106, the rates for oper19 ation for any continuing project or activity provided by

20 section 101 that have not been increased by the provisions

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

22 but shall not be reduced below the minimal level defined

23 in section 111 or below the level that would result in a

24 furlough.
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1 SEC. 116. The provisions of section 132 of the Dis2 trict of Columbia Appropriations Act, 1988, Public Law

3 100–202, shall not apply for this joint resolution. Included

4 in the apportionment for the Federal Payment to the Dis5 trict of Columbia shall be an additional $217,000,000

6 above the amount otherwise made available by this joint

7 resolution.

8 SEC. 117. Notwithstanding any other provision of

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

10 conditions for the application of appropriations for the Of11 fice of Technology Assessment as contained in the Con12 ference Report on the Legislative Branch Appropriations

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

14 applying the funding made available by this joint resolu15 tion.

16 SEC. 118. Notwithstanding any other provision of

17 this joint resolution, except section 106, any distribution

18 of funding under the Rehabilitation Services and Disabil19 ity Research account in the Department of Education may

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

21 the rate for operation for this account provided by this

22 joint resolution as the number of days covered by this res23 olution bears to 366.

24 SEC. 119. Notwithstanding any other provision of

25 this joint resolution, except section 106, the authorities
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1 provided under subsection (a) of section 140 of the For2 eign Relations Authorization Act, Fiscal Years 1994 and

3 1995 (Public Law 103–236) shall remain in effect during

4 the period of this joint resolution, notwithstanding para5 graph (3) of said subsection.

6 SEC. 120. Notwithstanding any other provision of

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

8 available to the Securities and Exchange Commission,

9 under the heading Salaries and Expenses, shall include,

10 in addition to direct appropriations, the amount it collects

11 under the fee rate and offsetting collection authority con12 tained in Public Law 103–352, which fee rate and offset13 ting collection authority shall remain in effect during the

14 period of this joint resolution.

15 SEC. 121. Until enactment of legislation providing

16 funding for the entire fiscal year ending September 30,

17 1996, for the Department of the Interior and Related

18 Agencies, funds available for necessary expenses of the

19 Bureau of Mines are for continuing limited health and

20 safety and related research, materials partnerships, and

21 minerals information activities; for mineral assessments in

22 Alaska; and for terminating all other activities of the Bu23 reau of Mines.

24 SEC. 122. Notwithstanding any other provision of

25 this joint resolution, except section 106, funds for the En-
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1 vironmental Protection Agency shall be made available in

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

3 2099 as reported on September 13, 1995.

4 SEC. 123. Notwithstanding any other provision of

5 this joint resolution, except section 106, the rate for oper6 ations for projects and activities that would be funded

7 under the heading ‘‘International Organizations and Con8 ferences, Contributions to International Organizations’’ in

9 the Departments of Commerce, Justice, and State, the Ju10 diciary, and Related Agencies Appropriations Act, 1996,

11 shall be the amount provided by the provisions of sections

12 101, 111, and 112 multiplied by the ratio of the number

13 of days covered by this resolution to 366 and multiplied

14 further by 1.27.

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