II

104TH CONGRESS

1ST SESSION H. J. RES. 122

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16, 1995

Received

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, corpora-
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1 tions, and other organizational units of Government for

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

3 TITLE I

4 CONTINUING APPROPRIATIONS

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

6 under the authority and conditions provided in the appli7 cable appropriations Act for the fiscal year 1995 for con8 tinuing projects or activities including the costs of direct

9 loans and loan guarantees (not otherwise specifically pro10 vided for in this joint resolution) which were conducted

11 in the fiscal year 1995 and for which appropriations,

12 funds, or other authority would be available in the follow13 ing appropriations Acts:

14 The Departments of Commerce, Justice, and

15 State, the Judiciary, and Related Agencies Appro16 priations Act, 1996, notwithstanding section 15 of

17 the State Department Basic Authorities Act of

18 1956, section 701 of the United States Information

19 and Educational Exchange Act of 1948, section 313

20 of the Foreign Relations Authorization Act, Fiscal

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

22 section 53 of the Arms Control and Disarmament

23 Act;
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1 The Department of Defense Appropriations

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

3 National Security Act of 1947;

4 The District of Columbia Appropriations Act,

5 1996;

6 The Foreign Operations, Export Financing, and

7 Related Programs Appropriations Act, 1996, not8 withstanding section 10 of Public Law 91–672 and

9 section 15(a) of the State Department Basic Au10 thorities Act of 1956;

11 The Department of the Interior and Related

12 Agencies Appropriations Act, 1996;

13 The Departments of Labor, Health and Human

14 Services, and Education, and Related Agencies Ap15 propriations Act, 1996;

16 The Legislative Branch Appropriations Act,

17 1996, H.R. 2492;

18 The Department of Transportation Appropria19 tions Act, 1996;

20 The Treasury, Postal Service, and General Gov21 ernment Appropriations Act, 1996;

22 The Departments of Veterans Affairs and

23 Housing and Urban Development, and Independent

24 Agencies Appropriations Act, 1996:
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1 Provided, That whenever the amount which would be made

2 available or the authority which would be granted in these

3 Acts is greater than that which would be available or

4 granted under current operations, the pertinent project or

5 activity shall be continued at a rate for operations not ex6 ceeding the current rate.

7 (b) Whenever the amount which would be made avail8 able or the authority which would be granted under an

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

10 the date of enactment of this joint resolution, is different

11 from that which would be available or granted under such

12 Act as passed by the Senate as of the date of enactment

13 of this joint resolution, the pertinent project or activity

14 shall be continued at a rate for operations not exceeding

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

16 the House or the Senate, whichever is lower, under the

17 authority and conditions provided in the applicable appro18 priations Act for the fiscal year 1995: Provided, That

19 where an item is not included in either version or where

20 an item is included in only one version of the Act as passed

21 by both Houses as of the date of enactment of this joint

22 resolution, the pertinent project or activity shall not be

23 continued except as provided for in section 111 or 112

24 under the appropriation, fund, or authority granted by the

25 applicable appropriations Act for the fiscal year 1995 and
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1 under the authority and conditions provided in the appli2 cable appropriations Act for the fiscal year 1995.

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

4 passed by only the House or only the Senate as of the

5 date of enactment of this joint resolution, the pertinent

6 project or activity shall be continued under the appropria7 tion, fund, or authority granted by the one House at a

8 rate for operations not exceeding the current rate or the

9 rate permitted by the action of the one House, whichever

10 is lower, and under the authority and conditions provided

11 in the applicable appropriations Act for the fiscal year

12 1995: Provided, That where an item is funded in the appli13 cable appropriations Act for the fiscal year 1995 and not

14 included in the version passed by the one House as of the

15 date of enactment of this joint resolution, the pertinent

16 project or activity shall not be continued except as pro17 vided for in section 111 or 112 under the appropriation,

18 fund, or authority granted by the applicable appropria19 tions Act for the fiscal year 1995 and under the authority

20 and conditions provided in the applicable appropriations

21 Act 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 into law of the applicable appropriations Act

15 by both Houses without any provision for such project or

16 activity, or (c) December 5, 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 the date of enactment of this joint resolution,

21 does not include funding for an ongoing project or activity

22 for which there is a budget request, or whenever an Act

23 listed in section 101 has been passed by only the House

24 or only the Senate as of the date of enactment of this

25 joint resolution, and an item funded in fiscal year 1995
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1 is not included in the version passed by the one House,

2 or whenever the rate for operations for an ongoing project

3 or activity provided by section 101 for which there is a

4 budget request would result in the project or activity being

5 significantly reduced, the pertinent project or activity may

6 be continued under the authority and conditions provided

7 in the applicable appropriations Act for the fiscal year

8 1995 by increasing the rate for operations provided by sec9 tion 101 to a rate for operations not to exceed one that

10 provides the minimal level that would enable existing ac11 tivities to continue. No new contracts or grants shall be

12 awarded in excess of an amount that bears the same ratio

13 to the rate for operations provided by this section as the

14 number of days covered by this resolution bears to 366.

15 For the purposes of the Act, the minimal level means a

16 rate for operations that is reduced from the current rate

17 by 40 percent.

18 SEC. 112. Notwithstanding any other provision of

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

20 for operations for any continuing project or activity pro21 vided by section 101 or section 111 for which there is a

22 budget request would result in a furlough of Government

23 employees, that rate for operations may be increased to

24 the minimum level that would enable the furlough to be

25 avoided. No new contracts or grants shall be awarded in
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1 excess of an amount that bears the same ratio to the rate

2 for operations provided by this section as the number of

3 days covered by this resolution bears to 366.

4 SEC. 113. Notwithstanding any other provision of

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

6 for those programs that had high initial rates of operation

7 or complete distribution of funding at the beginning of the

8 fiscal year in fiscal year 1995 because of distributions of

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

10 similar distributions of funds for fiscal year 1996 shall

11 not be made and no grants shall be awarded for such pro12 grams funded by this resolution that would impinge on

13 final funding prerogatives.

14 SEC. 114. This joint resolution shall be implemented

15 so that only the most limited funding action of that per16 mitted in the resolution shall be taken in order to provide

17 for continuation of projects and activities.

18 SEC. 115. The provisions of section 132 of the Dis19 trict of Columbia Appropriations Act, 1988, Public Law

20 100–202, shall not apply for this joint resolution. Included

21 in the apportionment for the Federal Payment to the Dis22 trict of Columbia shall be an additional $15,000,000 above

23 the amount otherwise made available by this joint resolu24 tion, for purposes of certain capital construction loan re25 payments pursuant to Public Law 85–451, as amended.
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1 SEC. 116. Notwithstanding any other provision of

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

3 conditions for the application of appropriations for the Of4 fice of Technology Assessment as contained in the con5 ference report on the Legislative Branch Appropriations

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

7 applying the funding made available by this joint resolu8 tion.

9 SEC. 117. Notwithstanding any other provision of

10 this joint resolution, except section 106, any distribution

11 of funding under the Rehabilitation Services and Disabil12 ity Research account in the Department of Education may

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

14 the rate for operation for this account provided by this

15 joint resolution as the number of days covered by this res16 olution bears to 366.

17 SEC. 118. Notwithstanding any other provision of

18 this joint resolution, except section 106, the authorities

19 provided under subsection (a) of section 140 of the For20 eign Relations Authorization Act, Fiscal Years 1994 and

21 1995 (Public Law 103–236) shall remain in effect during

22 the period of this joint resolution, notwithstanding para23 graph (3) of said subsection.

24 SEC. 119. Notwithstanding any other provision of

25 this joint resolution, except section 106, the amount made
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1 available to the Securities and Exchange Commission,

2 under the heading Salaries and Expenses, shall include,

3 in addition to direct appropriations, the amount it collects

4 under the fee rate and offsetting collection authority con5 tained in Public Law 103–352, which fee rate and offset6 ting collection authority shall remain in effect during the

7 period of this joint resolution.

8 SEC. 120. Until enactment of legislation providing

9 funding for the entire fiscal year ending September 30,

10 1996, for the Department of the Interior and Related

11 Agencies, funds available for necessary expenses of the

12 Bureau of Mines are for continuing limited health and

13 safety and related research, materials partnerships, and

14 minerals information activities; for mineral assessments in

15 Alaska; and for terminating all other activities of the Bu16 reau of Mines.

17 SEC. 121. Notwithstanding any other provision of

18 this joint resolution, except section 106, funds for the En19 vironmental Protection Agency shall be made available in

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

21 2099 as reported on September 13, 1995.

22 SEC. 122. Notwithstanding any other provision of

23 this joint resolution, except section 106, the rate for oper24 ations for projects and activities that would be funded

25 under the heading ‘‘International Organizations and Con-
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1 ferences, Contributions to International Organizations’’ in

2 the Departments of Commerce, Justice, and State, the Ju3 diciary, and Related Agencies Appropriations Act, 1996,

4 shall be the amount provided by the provisions of sections

5 101, 111, and 112 multiplied by the ratio of the number

6 of days covered by this resolution to 366 and multiplied

7 further by 1.27.

8 SEC. 123. Notwithstanding any other provision of

9 this joint resolution, except section 106, the rate for oper10 ations of the following projects or activities shall be only

11 the minimum necessary to accomplish orderly termination:

12 Administrative Conference of the United States;

13 Advisory Commission on Intergovernmental Re14 lations (except that activities to carry out the provi15 sions of Public Law 104–4 may continue);

16 Interstate Commerce Commission;

17 Pennsylvania Avenue Development Corporation;

18 Land and Water Conservation Fund, State As19 sistance; and

20 Office of Surface Mining Reclamation and En21 forcement, Rural Abandoned Mine Program.
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1 TITLE II

2 SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT

3 PRINTING.

4 (a) WAIVER.—The provisions of sections 106 and

5 107 of title 1, United States Code, are waived with respect

6 to the printing (on parchment or otherwise) of the enroll7 ment of any of the following measures of the first session

8 of the One Hundred Fourth Congress presented to the

9 President after the enactment of this joint resolution:

10 (1) A continuing resolution.

11 (2) A debt limit extension measure.

12 (3) A reconciliation bill.

13 (b) CERTIFICATION BY COMMITTEE ON HOUSE

14 OVERSIGHT.—The enrollment of a measure to which sub15 section (a) applies shall be in such form as the Committee

16 on House Oversight of the House of Representatives cer17 tifies to be a true enrollment.

18 SEC. 202. DEFINITIONS.

19 As used in this joint resolution:

20 (1) CONTINUING RESOLUTION.—The term

21 ‘‘continuing resolution’’ means a bill or joint resolu22 tion that includes provisions making further continu23 ing appropriations for fiscal year 1996.

24 (2) DEBT LIMIT EXTENSION MEASURE.—The

25 term ‘‘debt limit extension measure’’ means a bill or
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1 joint resolution that includes provisions increasing or

2 waiving (for a temporary period or otherwise) the

3 public debt limit under section 3101(b) of title 31,

4 United States Code.

5 (3) RECONCILIATION BILL.—The term ‘‘rec6 onciliation bill’’ means a bill that is a reconciliation

7 bill within the meaning of section 310 of the Con8 gressional Budget Act of 1974.

9 TITLE III

10 COMMITMENT TO A SEVEN-YEAR BALANCED

11 BUDGET

12 SEC. 301. (a) The President and the Congress shall

13 enact legislation in the 104th Congress to achieve a uni14 fied balanced budget not later than the fiscal year 2002

15 as scored by the non-partisan Congressional Budget Of16 fice.

17 (b) The unified balanced budget in subsection (a)

18 shall be based on the most current economic and technical

19 assumptions of the Congressional Budget Office.

Passed the House of Representatives November 16

(legislative day, November 15), 1995.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.