In the Senate of the United States,

November 19, 1995.

Resolved, That the resolution from the House of Representatives (H.J. Res. 123) entitled ‘‘Joint resolution making further continuing appropriations for the fiscal year

1996, and for other purposes’’ do pass with the following

AMENDMENT:

Strike out all after the resolving clause and insert:

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 the

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

7 TITLE I

8 CONTINUING APPROPRIATIONS

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

10 under the authority and conditions provided in the applica11 ble appropriations Act for the fiscal year 1995 for continu-
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1 ing projects or activities including the costs of direct loans

2 and loan guarantees (not otherwise specifically provided for

3 in this joint resolution) which were conducted in the fiscal

4 year 1995 and for which appropriations, funds, or other

5 authority would be available in the following appropria6 tions Acts:

7 The Departments of Commerce, Justice, and

8 State, the Judiciary, and Related Agencies Appro9 priations Act, 1996, notwithstanding section 15 of the

10 State Department Basic Authorities Act of 1956, sec11 tion 701 of the United States Information and Edu12 cational Exchange Act of 1948, section 313 of the

13 Foreign Relations Authorization Act, Fiscal Years

14 1994 and 1995 (Public Law 103–236), and section 53

15 of the Arms Control and Disarmament Act;

16 The Department of Defense Appropriations Act,

17 1996, notwithstanding section 504(a)(1) of the Na18 tional Security Act of 1947;

19 The District of Columbia Appropriations Act,

20 1996;

21 The Foreign Operations, Export Financing, and

22 Related Programs Appropriations Act, 1996, notwith23 standing section 10 of Public Law 91–672 and section

24 15(a) of the State Department Basic Authorities Act

25 of 1956;
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1 The Department of the Interior and Related

2 Agencies Appropriations Act, 1996;

3 The Departments of Labor, Health and Human

4 Services, and Education, and Related Agencies Ap5 propriations Act, 1996;

6 The Legislative Branch Appropriations Act,

7 1996, H.R. 2492;

8 The Department of Transportation Appropria9 tions Act, 1996;

10 The Treasury, Postal Service, and General Gov11 ernment Appropriations Act, 1996;

12 The Departments of Veterans Affairs and Hous13 ing and Urban Development, and Independent Agen14 cies Appropriations Act, 1996:

15 Provided, That whenever the amount which would be made

16 available or the authority which would be granted in these

17 Acts is greater than that which would be available or grant18 ed under current operations, the pertinent project or activ19 ity shall be continued at a rate for operations not exceeding

20 the current rate.

21 (b) Whenever the amount which would be made avail22 able or the authority which would be granted under an Act

23 listed in this section as passed by the House as of the date

24 of enactment of this joint resolution, is different from that

25 which would be available or granted under such Act as
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1 passed by the Senate as of the date of enactment of this

2 joint resolution, the pertinent project or activity shall be

3 continued at a rate for operations not exceeding the current

4 rate or the rate permitted by the action of the House or

5 the Senate, whichever is lower, under the authority and con6 ditions provided in the applicable appropriations Act for

7 the fiscal year 1995: Provided, That where an item is not

8 included in either version or where an item is included in

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

10 of the date of enactment of this joint resolution, the perti11 nent project or activity shall not be continued except as pro12 vided for in section 111 or 112 under the appropriation,

13 fund, or authority granted by the applicable appropriations

14 Act for the fiscal year 1995 and under the authority and

15 conditions provided in the applicable appropriations Act

16 for the fiscal year 1995.

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

18 passed by only the House or only the Senate as of the date

19 of enactment of this joint resolution, the pertinent project

20 or activity shall be continued under the appropriation,

21 fund, or authority granted by the one House at a rate for

22 operations not exceeding the current rate or the rate per23 mitted by the action of the one House, whichever is lower,

24 and under the authority and conditions provided in the ap25 plicable appropriations Act for the fiscal year 1995: Pro-
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1 vided, That where an item is funded in the applicable ap2 propriations Act for the fiscal year 1995 and not included

3 in the version passed by the one House as of the date of

4 enactment of this joint resolution, the pertinent project or

5 activity shall not be continued except as provided for in

6 section 111 or 112 under the appropriation, fund, or au7 thority granted by the applicable appropriations Act for the

8 fiscal year 1995 and under the authority and conditions

9 provided in the applicable appropriations Act for the fiscal

10 year 1995.

11 SEC. 102. No appropriation or funds made available

12 or authority granted pursuant to section 101 for the De13 partment of Defense shall be used for new production of

14 items not funded for production in fiscal year 1995 or prior

15 years, for the increase in production rates above those sus16 tained with fiscal year 1995 funds, or to initiate, resume,

17 or continue any project, activity, operation, or organization

18 which are defined as any project, subproject, activity, budg19 et activity, program element, and subprogram within a

20 program element and for investment items are further de21 fined as a P–1 line item in a budget activity within an

22 appropriation account and an R–1 line item which in23 cludes a program element and subprogram element within

24 an appropriation account, for which appropriations, funds,

25 or other authority were not available during the fiscal year
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1 1995: Provided, That no appropriation or funds made

2 available or authority granted pursuant to section 101 for

3 the Department of Defense shall be used to initiate multi4 year procurements utilizing advance procurement funding

5 for economic order quantity procurement unless specifically

6 appropriated later.

7 SEC. 103. Appropriations made by section 101 shall

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

9 be provided by the pertinent appropriations Act.

10 SEC. 104. No appropriation or funds made available

11 or authority granted pursuant to section 101 shall be used

12 to initiate or resume any project or activity for which ap13 propriations, funds, or other authority were not available

14 during the fiscal year 1995.

15 SEC. 105. No provision which is included in an appro16 priations Act enumerated in section 101 but which was not

17 included in the applicable appropriations Act for fiscal

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

19 than one appropriation, fund, or authority shall be applica20 ble to any appropriation, fund, or authority provided in

21 this joint resolution.

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

23 resolution or in the applicable appropriations Act, appro24 priations and funds made available and authority granted

25 pursuant to this joint resolution shall be available until (a)
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1 enactment into law of an appropriation for any project or

2 activity provided for in this joint resolution, or (b) the en3 actment into law of the applicable appropriations Act by

4 both Houses without any provision for such project or activ5 ity, or (c) November 20, 1995, whichever first occurs. For

6 purposes of this resolution, the period of time covered by

7 this resolution shall be considered to have begun on Novem8 ber 14, 1995.

9 SEC. 107. Appropriations made and authority granted

10 pursuant to this joint resolution shall cover all obligations

11 or expenditures incurred for any program, project, or activ12 ity during the period for which funds or authority for such

13 project or activity are available under this joint resolution.

14 SEC. 108. Expenditures made pursuant to this joint

15 resolution shall be charged to the applicable appropriation,

16 fund, or authorization whenever a bill in which such appli17 cable appropriation, fund, or authorization is contained is

18 enacted into law.

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

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

21 resolution that makes the availability of any appropriation

22 provided therein dependent upon the enactment of addi23 tional authorizing or other legislation shall be effective be24 fore the date set forth in section 106(c) of this joint resolu25 tion.
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1 SEC. 110. Appropriations and funds made available

2 by or authority granted pursuant to this joint resolution

3 may be used without regard to the time limitations for sub4 mission and approval of apportionments set forth in section

5 1513 of title 31, United States Code, but nothing herein

6 shall be construed to waive any other provision of law gov7 erning the apportionment of funds.

8 SEC. 111. Notwithstanding any other provision of this

9 joint resolution, except section 106, whenever an Act listed

10 in section 101 as passed by both the House and Senate as

11 of the date of enactment of this joint resolution, does not

12 include funding for an ongoing project or activity for which

13 there is a budget request, or whenever an Act listed in sec14 tion 101 has been passed by only the House or only the

15 Senate as of the date of enactment of this joint resolution,

16 and an item funded in fiscal year 1995 is not included in

17 the version passed by the one House, or whenever the rate

18 for operations for an ongoing project or activity provided

19 by section 101 for which there is a budget request would

20 result in the project or activity being significantly reduced,

21 the pertinent project or activity may be continued under

22 the authority and conditions provided in the applicable ap23 propriations Act for the fiscal year 1995 by increasing the

24 rate for operations provided by section 101 to a rate for

25 operations not to exceed one that provides the minimal level
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1 that would enable existing activities to continue. No new

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

3 that bears the same ratio to the rate for operations provided

4 by this section as the number of days covered by this resolu5 tion bears to 366. For the purposes of the Act, the minimal

6 level means a rate for operations that is reduced from the

7 current rate by 25 percent.

8 SEC. 112. Notwithstanding any other provision of this

9 joint resolution, except section 106, whenever the rate for

10 operations for any continuing project or activity provided

11 by section 101 or section 111 for which there is a budget

12 request would result in a furlough of Government employees,

13 that rate for operations may be increased to the minimum

14 level that would enable the furlough to be avoided. No new

15 contracts or grants shall be awarded in excess of an amount

16 that bears the same ratio to the rate for operations provided

17 by this section as the number of days covered by this resolu18 tion bears to 366.

19 SEC. 113. Notwithstanding any other provision of this

20 joint resolution, except sections 106, 111, and 112, for those

21 programs that had high initial rates of operation or com22 plete distribution of funding at the beginning of the fiscal

23 year in fiscal year 1995 because of distributions of funding

24 to States, foreign countries, grantees, or others, similar dis25 tributions of funds for fiscal year 1996 shall not be made
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1 and no grants shall be awarded for such programs funded

2 by this resolution that would impinge on final funding pre3 rogatives.

4 SEC. 114. This joint resolution shall be implemented

5 so that only the most limited funding action of that per6 mitted in the resolution shall be taken in order to provide

7 for continuation of projects and activities.

8 SEC. 115. The provisions of section 132 of the District

9 of Columbia Appropriations Act, 1988, Public Law 100–

10 202, shall not apply for this joint resolution. Included in

11 the apportionment for the Federal Payment to the District

12 of Columbia shall be an additional $15,000,000 above the

13 amount otherwise made available by this joint resolution,

14 for purposes of certain capital construction loan repay15 ments pursuant to Public Law 85–451, as amended.

16 SEC. 116. Notwithstanding any other provision of this

17 joint resolution, except section 106, the authority and condi18 tions for the application of appropriations for the Office

19 of Technology Assessment as contained in the conference re20 port on the Legislative Branch Appropriations Act, 1996,

21 House Report 104–212, shall be followed when applying the

22 funding made available by this joint resolution.

23 SEC. 117. Notwithstanding any other provision of this

24 joint resolution, except section 106, any distribution of

25 funding under the Rehabilitation Services and Disability
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1 Research account in the Department of Education may be

2 made up to an amount that bears the same ratio to the

3 rate for operation for this account provided by this joint

4 resolution as the number of days covered by this resolution

5 bears to 366.

6 SEC. 118. Notwithstanding any other provision of this

7 joint resolution, except section 106, the authorities provided

8 under subsection (a) of section 140 of the Foreign Relations

9 Authorization Act, Fiscal Years 1994 and 1995 (Public

10 Law 103–236) shall remain in effect during the period of

11 this joint resolution, notwithstanding paragraph (3) of said

12 subsection.

13 SEC. 119. Notwithstanding any other provision of this

14 joint resolution, except section 106, the amount made avail15 able to the Securities and Exchange Commission, under the

16 heading Salaries and Expenses, shall include, in addition

17 to direct appropriations, the amount it collects under the

18 fee rate and offsetting collection authority contained in

19 Public Law 103–352, which fee rate and offsetting collection

20 authority shall remain in effect during the period of this

21 joint resolution.

22 SEC. 120. Until enactment of legislation providing

23 funding for the entire fiscal year ending September 30,

24 1996, for the Department of the Interior and Related Agen25 cies, funds available for necessary expenses of the Bureau
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1 of Mines are for continuing limited health and safety and

2 related research, materials partnerships, and minerals in3 formation activities; for mineral assessments in Alaska; and

4 for terminating all other activities of the Bureau of Mines.

5 SEC. 121. Notwithstanding any other provision of this

6 joint resolution, except section 106, funds for the Environ7 mental Protection Agency shall be made available in the

8 appropriation accounts which are provided in H.R. 2099

9 as reported on September 13, 1995.

10 SEC. 122. Notwithstanding any other provision of this

11 joint resolution, except section 106, the rate for operations

12 for projects and activities that would be funded under the

13 heading ‘‘International Organizations and Conferences,

14 Contributions to International Organizations’’ in the De15 partments of Commerce, Justice, and State, the Judiciary,

16 and Related Agencies Appropriations Act, 1996, shall be the

17 amount provided by the provisions of sections 101, 111, and

18 112 multiplied by the ratio of the number of days covered

19 by this resolution to 366 and multiplied further by 1.27.

20 SEC. 123. Notwithstanding any other provision of this

21 joint resolution, except section 106, the rate for operations

22 of the following projects or activities shall be only the mini23 mum necessary to accomplish orderly termination:

24 Administrative Conference of the United States;
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1 Advisory Commission on Intergovernmental Re2 lations (except that activities to carry out the provi3 sions of Public Law 104–4 may continue);

4 Interstate Commerce Commission;

5 Pennsylvania Avenue Development Corporation;

6 Land and Water Conservation Fund, State As7 sistance; and

8 Office of Surface Mining Reclamation and En9 forcement, Rural Abandoned Mine Program.

10 TITLE II

11 SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT

12 PRINTING.

13 (a) WAIVER.—The provisions of sections 106 and 107

14 of title 1, United States Code, are waived with respect to

15 the printing (on parchment or otherwise) of the enrollment

16 of any of the following measures of the first session of the

17 One Hundred Fourth Congress presented to the President

18 after the enactment of this joint resolution:

19 (1) A continuing resolution.

20 (2) A debt limit extension measure.

21 (3) A reconciliation bill.

22 (b) CERTIFICATION BY COMMITTEE ON HOUSE OVER23 SIGHT.—The enrollment of a measure to which subsection

24 (a) applies shall be in such form as the Committee on House
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1 Oversight of the House of Representatives certifies to be a

2 true enrollment.

3 SEC. 202. DEFINITIONS.

4 As used in this joint resolution:

5 (1) CONTINUING RESOLUTION.—The term ‘‘con6 tinuing resolution’’ means a bill or joint resolution

7 that includes provisions making further continuing

8 appropriations for fiscal year 1996.

9 (2) DEBT LIMIT EXTENSION MEASURE.—The

10 term ‘‘debt limit extension measure’’ means a bill or

11 joint resolution that includes provisions increasing or

12 waiving (for a temporary period or otherwise) the

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

14 United States Code.

15 (3) RECONCILIATION BILL.—The term ‘‘reconcili16 ation bill’’ means a bill that is a reconciliation bill

17 within the meaning of section 310 of the Congres18 sional Budget Act of 1974.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. J. Res. 123

AMENDMENT