104TH CONGRESS

1ST SESSION H. J. RES. 108

JOINT RESOLUTION

Making continuing appropriations for the fiscal

year 1996, and for other purposes.
104TH CONGRESS

1ST SESSION H. J. RES. 108

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,
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1 That the following sums are hereby appropriated, out of

2 any money in the Treasury not otherwise appropriated,

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

4 and funds, for the several departments, agencies, corpora5 tions, and other organizational units of Government for

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

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

8 under the authority and conditions provided in the appli9 cable appropriations Act for the fiscal year 1995 for con10 tinuing projects or activities including the costs of direct

11 loans and loan guarantees (not otherwise specifically pro12 vided for in this joint resolution) which were conducted

13 in the fiscal year 1995 and for which appropriations,

14 funds, or other authority would be available in the follow15 ing appropriations Acts:

16 The Agriculture, Rural Development, Food and

17 Drug Administration, and Related Agencies Appro18 priations Act, 1996;

19 The Departments of Commerce, Justice, and

20 State, the Judiciary, and Related Agencies Appro21 priations Act, 1996, notwithstanding section 15 of

22 the State Department Basic Authorities Act of

23 1956, section 701 of the United States Information

24 and Educational Exchange Act of 1948, section 313

25 of the Foreign Relations Authorization Act, Fiscal
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1 Years 1994 and 1995 (Public Law 103–236), and

2 section 53 of the Arms Control and Disarmament

3 Act;

4 The Department of Defense Appropriations

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

6 National Security Act of 1947;

7 The District of Columbia Appropriations Act,

8 1996;

9 The Energy and Water Development Appro10 priations Act, 1996;

11 The Foreign Operations, Export Financing, and

12 Related Programs Appropriations Act, 1996, not13 withstanding section 10 of Public Law 91–672 and

14 section 15(a) of the State Department Basic Au15 thorities Act of 1956;

16 The Department of the Interior and Related

17 Agencies Appropriations Act, 1996;

18 The Departments of Labor, Health and Human

19 Services, and Education, and Related Agencies Ap20 propriations Act, 1996;

21 The Legislative Branch Appropriations Act,

22 1996;

23 The Military Construction Appropriations Act,

24 1996;
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1 The Department of Transportation Appropria2 tions Act, 1996;

3 The Treasury, Postal Service, and General Gov4 ernment Appropriations Act, 1996;

5 The Departments of Veterans Affairs and

6 Housing and Urban Development, and Independent

7 Agencies Appropriations Act, 1996.

8 (b) Whenever the amount which would be made avail9 able or the authority which would be granted under an

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

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

12 available or granted under such Act as passed by the Sen13 ate as of October 1, 1995, the pertinent project or activity

14 shall be continued at a rate for operations not exceeding

15 the average of the rates permitted by the action of the

16 House or the Senate under the authority and conditions

17 provided in the applicable appropriations Act for the fiscal

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

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

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

21 be continued under the appropriation, fund, or authority

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

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

24 House under the authority and conditions provided in the

25 applicable appropriations Act for the fiscal year 1995.
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1 (c) Whenever an Act listed in this section has been

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

3 1, 1995, the pertinent project or activity shall be contin4 ued under the appropriation, fund, or authority granted

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

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

7 the one House, whichever is lower, and under the author8 ity and conditions provided in applicable appropriations

9 Acts for the fiscal year 1995.

10 SEC. 102. No appropriation or funds made available

11 or authority granted pursuant to section 101 for the De12 partment of Defense shall be used for new production of

13 items not funded for production in fiscal year 1995 or

14 prior years, for the increase in production rates above

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

16 resume, or continue any project, activity, operation, or or17 ganization which are defined as any project, subproject,

18 activity, budget activity, program element, and

19 subprogram within a program element and for investment

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

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

22 item which includes a program element and subprogram

23 element within an appropriation account, for which appro24 priations, funds, or other authority were not available dur25 ing the fiscal year 1995: Provided, That no appropriation
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1 or funds made available or authority granted pursuant to

2 section 101 for the Department of Defense shall be used

3 to initiate multi-year procurements utilizing advance pro4 curement funding for economic order quantity procure5 ment unless specifically appropriated later.

6 SEC. 103. Appropriations made by section 101 shall

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

8 be provided by the pertinent appropriations Act.

9 SEC. 104. No appropriation or funds made available

10 or authority granted pursuant to section 101 shall be used

11 to initiate or resume any project or activity for which ap12 propriations, funds, or other authority were not available

13 during the fiscal year 1995.

14 SEC. 105. No provision which is included in an appro15 priations Act enumerated in section 101 but which was

16 not included in the applicable appropriations Act for fiscal

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

18 than one appropriation, fund, or authority shall be appli19 cable to any appropriation, fund, or authority provided in

20 this joint resolution.

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

22 resolution or in the applicable appropriations Act, appro23 priations and funds made available and authority granted

24 pursuant to this joint resolution shall be available until

25 (a) enactment into law of an appropriation for any project
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1 or activity provided for in this joint resolution, or (b) the

2 enactment of the applicable appropriations Act by both

3 Houses without any provision for such project or activity,

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

5 SEC. 107. Appropriations made and authority grant6 ed pursuant to this joint resolution shall cover all obliga7 tions or expenditures incurred for any program, project,

8 or activity during the period for which funds or authority

9 for such project or activity are available under this joint

10 resolution.

11 SEC. 108. Expenditures made pursuant to this joint

12 resolution shall be charged to the applicable appropriation,

13 fund, or authorization whenever a bill in which such appli14 cable appropriation, fund, or authorization is contained is

15 enacted into law.

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

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

18 resolution that makes the availability of any appropriation

19 provided therein dependent upon the enactment of addi20 tional authorizing or other legislation shall be effective be21 fore the date set forth in section 106(c) of this joint reso22 lution.

23 SEC. 110. Appropriations and funds made available

24 by or authority granted pursuant to this joint resolution

25 may be used without regard to the time limitations for
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1 submission and approval of apportionments set forth in

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

3 herein shall be construed to waive any other provision of

4 law governing the apportionment of funds.

5 SEC. 111. Notwithstanding any other provision of

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

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

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

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

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

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

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

13 1995 is not included in the version passed by the one

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

15 project or activity provided by section 101 for which there

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

17 being significantly reduced, the pertinent project or activ18 ity may be continued under the authority and conditions

19 provided in the applicable appropriations Act for the fiscal

20 year 1995 by increasing the rate for operations provided

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

22 that provides the minimal level that would enable existing

23 activities to continue. No new contracts or grants shall

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

25 ratio to the rate for operations provided by this section
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1 as the number of days covered by this resolution bears

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

3 means a rate for operations that is reduced from the cur4 rent rate by 10 percent.

5 SEC. 112. Notwithstanding any other provision of

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

7 for operations for any continuing project or activity pro8 vided by section 101 or section 111 for which there is a

9 budget request would result in a furlough of Government

10 employees, that rate for operations may be increased to

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

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

13 amount that bears the same ratio to the rate for oper14 ations provided by this section as the number of days cov15 ered by this resolution bears to 366.

16 SEC. 113. Notwithstanding any other provision of

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

18 for those programs that had high initial rates of operation

19 or complete distribution of funding at the beginning of the

20 fiscal year in fiscal year 1995 because of distributions of

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

22 similar distributions of funds for fiscal year 1996 shall

23 not be made and no grants shall be awarded for such pro24 grams funded by this resolution that would impinge on

25 final funding prerogatives.
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1 SEC. 114. This joint resolution shall be implemented

2 so that only the most limited funding action of that per3 mitted in the resolution shall be taken in order to provide

4 for continuation of projects and activities.

5 SEC. 115. Notwithstanding any other provision of

6 this joint resolution, except section 106, the rates for oper7 ation for any continuing project or activity provided by

8 section 101 that have not been increased by the provisions

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

10 but shall not be reduced below the minimal level defined

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

12 furlough.

13 SEC. 116. The provisions of section 132 of the Dis14 trict of Columbia Appropriations Act, 1988, Public Law

15 100–202, shall not apply for this joint resolution. Included

16 in the apportionment for the Federal Payment to the Dis17 trict of Columbia shall be an additional $217,000,000

18 above the amount otherwise made available by this joint

19 resolution.

20 SEC. 117. Notwithstanding any other provision of

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

22 conditions for the application of appropriations for the Of23 fice of Technology Assessment as contained in the Con24 ference Report on the Legislative Branch Appropriations

25 Act, 1996, House Report 104–212, shall be followed when
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1 applying the funding made available by this joint resolu2 tion.

3 SEC. 118. Notwithstanding any other provision of

4 this joint resolution, except section 106, any distribution

5 of funding under the Rehabilitation Services and Disabil6 ity Research account in the Department of Education may

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

8 the rate for operation for this account provided by this

9 joint resolution as the number of days covered by this res10 olution bears to 366.

11 SEC. 119. Notwithstanding any other provision of

12 this joint resolution, except section 106, the authorities

13 provided under subsection (a) of section 140 of the For14 eign Relations Authorization Act, Fiscal Years 1994 and

15 1995 (Public Law 103–236) shall remain in effect during

16 the period of this joint resolution, notwithstanding para17 graph (3) of said subsection.

18 SEC. 120. Notwithstanding any other provision of

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

20 available to the Securities and Exchange Commission,

21 under the heading Salaries and Expenses, shall include,

22 in addition to direct appropriations, the amount it collects

23 under the fee rate and offsetting collection authority con24 tained in Public Law 103–352, which fee rate and offset-
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1 ting collection authority shall remain in effect during the

2 period of this joint resolution.

3 SEC. 121. Until enactment of legislation providing

4 funding for the entire fiscal year ending September 30,

5 1996, for the Department of the Interior and Related

6 Agencies, funds available for necessary expenses of the

7 Bureau of Mines are for continuing limited health and

8 safety and related research, materials partnerships, and

9 minerals information activities; for mineral assessments in

10 Alaska; and for terminating all other activities of the Bu11 reau of Mines.

12 SEC. 122. Notwithstanding any other provision of

13 this joint resolution, except section 106, funds for the En14 vironmental Protection Agency shall be made available in

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

16 2099 as reported on September 13, 1995.

17 SEC. 123. Notwithstanding any other provision of

18 this joint resolution, except section 106, the rate for oper19 ations for projects and activities that would be funded

20 under the heading ‘‘International Organizations and Con21 ferences, Contributions to International Organizations’’ in

22 the Departments of Commerce, Justice, and State, the Ju23 diciary, and Related Agencies Appropriations Act, 1996,

24 shall be the amount provided by the provisions of sections

25 101, 111, and 112 multiplied by the ratio of the number
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1 of days covered by this resolution to 366 and multiplied

2 further by 1.27.

Passed the House of Representatives September 28,

1995.

Attest:

Clerk.