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104TH CONGRESS

1ST SESSION H. J. RES. 136

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

other purposes

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 22, 1995

Mr. LIVINGSTON 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 TITLE I

4 AID TO FAMILIES WITH DEPENDENT CHIL5 DREN AND FOSTER CARE AND ADOPTION

6 ASSISTANCE

7 That the following sums are hereby appropriated, out of

8 any money in the Treasury not otherwise appropriated,

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

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

4 under the authority and conditions provided in the appli5 cable appropriations Act for the fiscal year 1995 for con6 tinuing the following projects or activities including the

7 costs of direct loans and loan guarantees (not otherwise

8 specifically provided for in this joint resolution) which

9 were conducted in the fiscal year 1995:

10 All projects and activities funded under the ac11 count heading ‘‘Family support payments to States’’

12 under the Administration For Children and Families

13 in the Department of health and Human Services;

14 All projects and activities funded under the ac15 count heading ‘‘Payments to States for foster care

16 and adoption assistance’’ under the Administration

17 For Children and Families in the Department of

18 Health and Human Services; and

19 All administrative activities necessary to carry

20 out the projects and activities in the preceding two

21 paragraphs:

22 Provided, That whenever the amount which would be made

23 available or the authority which would be granted under

24 an Act which included funding for fiscal year 1996 for

25 the projects and activities listed in this section is greater
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1 than that which would be available or granted under cur2 rent operations, the pertinent project or activity shall be

3 continued at a rate for operations not exceeding the cur4 rent rate.

5 (b) Whenever the amount which would be made avail6 able or the authority which would be granted under the

7 Act which included funding for fiscal year 1996 for the

8 projects and activities listed in this section as passed by

9 the House as of the date of enactment of this joint resolu10 tion, is different from that which would be available or

11 granted under such Act as passed by the Senate as of the

12 date of enactment of this joint resolution, the pertinent

13 project or activity shall be continued at a rate for oper14 ations not exceeding the current rate or the rate permitted

15 by the action of the House or the Senate, whichever is

16 lower, under the authority and conditions provided in the

17 applicable appropriations Act for the fiscal year 1995.

18 (c) Whenever an Act which included funding for fiscal

19 year 1996 for the projects and activities listed in this sec20 tion has been passed by only the House or only the Senate

21 as of the date of enactment of this joint resolution, the

22 pertinent project or activity shall be continued under the

23 appropriation, fund, or authority granted by the one

24 House at a rate for operations not exceeding the current

25 rate or the rate permitted by the action of the one House,
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1 whichever is lower, and under the authority and conditions

2 provided in the applicable appropriations Act for the fiscal

3 year 1995.

4 SEC. 102. Appropriations made by section 101 shall

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

6 be provided by the pertinent appropriations Act.

7 SEC. 103. No appropriation or funds made available

8 or authority granted pursuant to section 101 shall be used

9 to initiate or resume any project or activity for which ap10 propriations, funds, or other authority were not available

11 during the fiscal year 1995.

12 SEC. 104. No provision which is included in the ap13 propriations Act enumerated in section 101 but which was

14 not included in the applicable appropriations Act for fiscal

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

16 than one appropriation, fund, or authority provided in this

17 joint resolution.

18 SEC. 105. Appropriations made and authority grant19 ed pursuant to this title of this joint resolution shall cover

20 all obligations or expenditures incurred for any program,

21 project, or activity during the period for which funds or

22 authority for such project or activity are available under

23 this joint resolution.

24 SEC. 106. Unless otherwise provided for in this title

25 of this joint resolution or in the applicable appropriations
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1 Act, appropriations and funds made available and author2 ity granted pursuant to this title of this joint resolution

3 shall be available until (a) enactment into law of an appro4 priation for any project or activity provided for in this title

5 of this joint resolution, or (b) the enactment into law of

6 the applicable appropriations Act by both Houses without

7 any provision for such project or activity, or (c) January

8 3, 1996, whichever first occurs.

9 SEC. 107. Expenditures made pursuant to this title

10 of this joint resolution shall be charged to the applicable

11 appropriation, fund, or authorization whenever a bill in

12 which such applicable appropriation, fund, or authoriza13 tion is contained is enacted into law.

14 SEC. 108. No provision in the appropriations Act for

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

16 resolution that makes the availability of any appropriation

17 provided therein dependent upon the enactment of addi18 tional authorizing or other legislation shall be effective be19 fore the date set forth in section 106(c) of this joint reso20 lution.

21 SEC. 109. Appropriations and funds made available

22 by or authority granted pursuant to this title of this joint

23 resolution may be used without regard to the time limita24 tions for submission and approval of apportionments set

25 forth in section 1513 of title 31, United States Code, but
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1 nothing herein shall be construed to waive any other provi2 sion of law governing the apportionment of funds.

3 TITLE II

4 DISTRICT OF COLUMBIA

5 That the following sums are hereby appropriated, out of

6 the general fund and enterprise funds of the District of

7 Columbia for the District of Columbia for the fiscal year

8 1996, and for other purposes, namely:

9 SEC. 201. (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 pro14 vided for in this title of this joint resolution) which were

15 conducted in the fiscal year 1995 and for which appropria16 tions, funds, or other authority would be available in the

17 following appropriations Act:

18 The District of Columbia Appropriations Act,

19 1996:

20 Provided, That whenever the amount which would be made

21 available or the authority which would be granted in this

22 Act is greater than that which would be available or grant23 ed under current operations, the pertinent project or activ24 ity shall be continued at a rate for operations not exceed25 ing the current rate.
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1 (b) Whenever the amount which would be made avail2 able or the authority which would be granted under the

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

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

5 from that which would be available or granted under such

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

7 of this joint resolution, the pertinent project or activity

8 shall be continued at a rate for operations not exceeding

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

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

11 authority and conditions provided in the applicable appro12 priations Act for the fiscal year 1995: Provided, That

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

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

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

16 resolution, the pertinent project or activity shall not be

17 continued except as provided for in section 211 or 212

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

19 applicable appropriations Act for the fiscal year 1995 and

20 under the authority and conditions provided in the appli21 cable appropriations Act for the fiscal year 1995.

22 SEC. 202. Appropriations made by section 201 shall

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

24 be provided by the pertinent appropriations Act.
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1 SEC. 203. No appropriation or funds made available

2 or authority granted pursuant to section 201 shall be used

3 to initiate or resume any project or activity for which ap4 propriations, funds, or other authority were not available

5 during the fiscal year 1995.

6 SEC. 204. No provision which is included in the ap7 propriations Act enumerated in section 201 but which was

8 not included in the applicable appropriations Act for fiscal

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

10 than one appropriation, fund, or authority shall be appli11 cable to any appropriation, fund, or authority provided in

12 this title of this joint resolution.

13 SEC. 205. Appropriations made and authority grant14 ed pursuant to this title of this joint resolution shall cover

15 all obligations or expenditures incurred for any program,

16 project, or activity during the period for which funds or

17 authority for such project or activity are available under

18 this title of this joint resolution.

19 SEC. 206. Unless otherwise provided for in this title

20 of this joint resolution or in the applicable appropriations

21 Act, appropriations and funds made available and author22 ity granted pursuant to this title of this title of this joint

23 resolution shall be available until (a) enactment into law

24 of an appropriation for any project or activity provided

25 for in this title of this joint resolution, or (b) the enact-
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1 ment into law of the applicable appropriations Act by both

2 Houses without any provision for such project or activity,

3 or (c) January 3, 1996, whichever first occurs.

4 SEC. 207. Notwithstanding any other provision of

5 this title of this joint resolution, except section 206, none

6 of the funds appropriated under this title of this joint reso7 lution shall be expended for any abortion except where the

8 life of the mother would be endangered if the fetus were

9 carried to term or where the pregnancy is the result of

10 an act of rape or incest.

11 SEC. 208. Expenditures made pursuant to this title

12 of this joint resolution shall be charged to the applicable

13 appropriation, fund, or authorization whenever a bill in

14 which such applicable appropriation, fund, or authoriza15 tion is contained is enacted into law.

16 SEC. 209. No provision in the appropriations Act for

17 the fiscal year 1996 referred to in section 201 of this title

18 of this joint resolution that makes the availability of any

19 appropriation provided therein dependent upon the enact20 ment of additional authorizing or other legislation shall

21 be effective before the date set forth in section 206(c) of

22 this joint resolution.

23 SEC. 210. Appropriations and funds made available

24 by or authority granted pursuant to this title of this joint

25 resolution may be used without regard to the time limita-
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1 tions for submission and approval of apportionments set

2 forth in section 1513 of title 31, United States Code, but

3 nothing herein shall be construed to waive any other provi4 sion of law governing the apportionment of funds.

5 SEC. 211. Notwithstanding any other provision of

6 this title of this joint resolution, except section 206, when7 ever the Act listed in section 201 as passed by both the

8 House and Senate as of the date of enactment of this joint

9 resolution, does not include funding for an ongoing project

10 or activity for which there is a budget request, or whenever

11 the rate for operations for an ongoing project or activity

12 provided by section 201 for which there is a budget re13 quest would result in the project or activity being signifi14 cantly reduced, the pertinent project or activity may be

15 continued under the authority and conditions provided in

16 the applicable appropriations Act for the fiscal year 1995

17 by increasing the rate for operations provided by section

18 201 to a rate for operations not to exceed one that pro19 vides the minimal level that would enable existing activi20 ties to continue. No new contracts or grants shall be

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

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

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

24 For the purposes of this title of this joint resolution the
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1 minimal level means a rate for operations that is reduced

2 from the current rate by 25 percent.

3 SEC. 212. Notwithstanding any other provision of

4 this title of this joint resolution, except section 206, when5 ever the rate for operations for any continuing project or

6 activity provided by section 201 or section 211 for which

7 there is a budget request would result in a furlough of

8 Government employees, that rate for operations may be

9 increased to the minimum level that would enable the fur10 lough to be avoided. No new contracts or grants shall be

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

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

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

14 SEC. 213. Notwithstanding any other provision of

15 this title of this joint resolution, except sections 206, 211,

16 and 212, for those programs that had high initial rates

17 of operation or complete distribution of funding at the be18 ginning of the fiscal year in fiscal year 1995 because of

19 distributions of funding to States, foreign countries,

20 grantees, or others, similar distributions of funds for fiscal

21 year 1996 shall not be made and no grants shall be award22 ed for such programs funded by this title of this resolution

23 that would impinge on final funding prerogatives.

24 SEC. 214. This title of this joint resolution shall be

25 implemented so that only the most limited funding action
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1 of that permitted in this title of this resolution shall be

2 taken in order to provide for continuation of projects and

3 activities.

4 SEC. 215. The provisions of section 132 of the Dis5 trict of Columbia Appropriations Act, 1988, Public Law

6 100–202, shall not apply for this title of this joint resolu7 tion.

8 SEC. 216. Notwithstanding any other provision of

9 this title of this joint resolution, except section 206, none

10 of the funds appropriated under this title of this joint reso11 lution shall be used to implement or enforce any system

12 or registration of unmarried, cohabiting couples whether

13 they are homosexual, lesbian, heterosexual, including but

14 not limited to registration for the purpose of extending

15 employment, health, or governmental benefits to such cou16 ples on the same basis that such benefits are extended to

17 legally married couples; nor shall any funds made available

18 pursuant to any provision of this title of this joint resolu19 tion otherwise be used to implement or enforce D.C. Act

20 9–188, signed by the Mayor of the District of Columbia

21 on April 15, 1992.

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