H. J. Res. 136

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

Joint Resolution

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

purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

AID TO FAMILIES WITH DEPENDENT CHILDREN AND

FOSTER CARE AND ADOPTION ASSISTANCE

The following sums are hereby appropriated, out of any money

in the Treasury not otherwise appropriated, and out of applicable

corporate or other revenues, receipts, and funds, for the several

departments, agencies, corporations, and other organizational units

of Government for the fiscal year 1996, and for other purposes,

namely:

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

authority and conditions provided in the applicable appropriations

Act for the fiscal year 1995 for continuing the following projects

or activities including the costs of direct loans and loan guarantees

(not otherwise specifically provided for in this joint resolution)

which were conducted in the fiscal year 1995:

All projects and activities funded under the account heading ‘‘Family support payments to States’’ under the Administration For Children and Families in the Department of Health

and Human Services;

All projects and activities funded under the account heading ‘‘Payments to States for foster care and adoption assistance’’

under the Administration For Children and Families in the

Department of Health and Human Services; and

All administrative activities necessary to carry out the

projects and activities in the preceeding two paragraphs:

Provided, That whenever the amount which would be made available or the authority which would be granted under an Act which

included funding for fiscal year 1996 for the projects and activities

listed in this section is greater than that which would be available

or granted under current operations, the pertinent project or activity

shall be continued at a rate for operations not exceeding the current

rate.

(b) Whenever the amount which would be made available or

the authority which would be granted under the Act which included

funding for fiscal year 1996 for the projects and activities listed

in this section as passed by the House as of the date of enactment

of this joint resolution, is different from that which would be avail-
H. J. Res. 136—2

able or granted under such Act as passed by the Senate as of

the date of enactment of this joint resolution, the pertinent project

or activity shall be continued at a rate for operations not exceeding

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

or the Senate, whichever is lower, under the authority and conditions provided in the applicable appropriations Act for the fiscal

year 1995.

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

1996 for the projects and activities listed in this section has been

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

enactment of this joint resolution, the pertinent project or activity

shall be continued under the appropriation, fund, or authority

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

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

House, whichever is lower, and under the authority and conditions

provided in the applicable appropriations Act for the fiscal year

1995.

SEC. 102. Appropriations made by section 101 shall be available

to the extent and in the manner which would be provided by

the pertinent appropriations Act.

SEC. 103. No appropriation or funds made available or authority

granted pursuant to section 101 shall be used to initiate or resume

any project or activity for which appropriations, funds, or other

authority were not available during the fiscal year 1995.

SEC. 104. No provision which is included in the appropriations

Act enumerated in section 101 but which was not included in

the applicable appropriations Act for fiscal year 1995 and which

by its terms is applicable to more than one appropriation, fund,

or authority shall be applicable to any appropriation, fund, or

authority provided in this joint resolution.

SEC. 105. Appropriations made and authority granted pursuant

to this title of this joint resolution shall cover all obligations or

expenditures incurred for any program, project, or activity during

the period for which funds or authority for such project or activity

are available under this joint resolution.

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

joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant

to this title of this joint resolution shall be available until (a)

enactment into law of an appropriation for any project or activity

provided for in this title of this joint resolution, or (b) the enactment

into law of the applicable appropriations Act by both Houses without

any provision for such project or activity, or (c) January 3, 1996,

whichever first occurs.

SEC. 107. Expenditures made pursuant to this title of this

joint resolution shall be charged to the applicable appropriation,

fund, or authorization whenever a bill in which such applicable

appropriation, fund, or authorization is contained is enacted into

law.

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

year 1996 referred to in section 101 of this joint resolution that

makes the availability of any appropriation provided therein

dependent upon the enactment of additional authorizing or other

legislation shall be effective before the date set forth in section

106(c) of this joint resolution.

SEC. 109. Appropriations and funds made available by or

authority granted pursuant to this title of this joint resolution
H. J. Res. 136—3

may be used without regard to the time limitations for submission

and approval of apportionments set forth in section 1513 of title

31, United States Code, but nothing herein shall be construed

to waive any other provision of law governing the apportionment

of funds.

TITLE II

DISTRICT OF COLUMBIA

The following sums are hereby appropriated, out of the general

fund and enterprise funds of the District of Columbia for the District

of Columbia for the fiscal year 1996, and for other purposes, namely:

SEC. 201. (a) Such amounts as may be necessary under the

authority and conditions provided in the applicable appropriations

Act for the fiscal year 1995 for continuing projects or activities

including the costs of direct loans and loan guarantees (not otherwise specifically provided for in this title of this joint resolution)

which were conducted in the fiscal year 1995 and for which appropriations, funds, or other authority would be available in the following appropriations Act:

The District of Columbia Appropriations Act, 1996:

Provided, That whenever the amount which would be made available or the authority which would be granted in this Act is greater

than that which would be available or granted under current operations, the pertinent project or activity shall be continued at a

rate for operations not exceeding the current rate.

(b) Whenever the amount which would be made available or

the authority which would be granted under the Act listed in

this section as passed by the House as of the date of enactment

of this joint resolution, is different from that which would be available or granted under such Act as passed by the Senate as of

the date of enactment of this joint resolution, the pertinent project

or activity shall be continued at a rate for operations not exceeding

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

or the Senate, whichever is lower, under the authority and conditions provided in the applicable appropriations Act for the fiscal

year 1995: Provided, That where an item is not included in either

version or where an item is included in only one version of the

Act as passed by both Houses as of the date of enactment of

this joint resolution, the pertinent project or activity shall not

be continued except as provided for in section 211 or 212 under

the appropriation, fund, or authority granted by the applicable

appropriations Act for the fiscal year 1995 and under the authority

and conditions provided in the applicable appropriations Act for

the fiscal year 1995.

SEC. 202. Appropriations made by section 201 shall be available

to the extent and in the manner which would be provided by

the pertinent appropriations Act.

SEC. 203. No appropriation or funds made available or authority

granted pursuant to section 201 shall be used to initiate or resume

any project or activity for which appropriations, funds, or other

authority were not available during the fiscal year 1995.

SEC. 204. No provision which is included in the appropriations

Act enumerated in section 201 but which was not included in

the applicable appropriations Act for fiscal year 1995 and which

by its terms is applicable to more than one appropriation, fund,
H. J. Res. 136—4

or authority shall be applicable to any appropriation, fund, or

authority provided in this title of this joint resolution.

SEC. 205. Appropriations made and authority granted pursuant

to this title of this joint resolution shall cover all obligations or

expenditures incurred for any program, project, or activity during

the period for which funds or authority for such project or activity

are available under this title of this joint resolution.

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

joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant

to this title of this joint resolution shall be available until (a)

enactment into law of an appropriation for any project or activity

provided for in this title of this joint resolution, or (b) the enactment

into law of the applicable appropriations Act by both Houses without

any provision for such project or activity, or (c) January 3, 1996,

whichever first occurs.

SEC. 207. Notwithstanding any other provision of this title

of this joint resolution, except section 206, none of the funds appropriated under this title of this joint resolution shall be expended

for any abortion except where the life of the mother would be

endangered if the fetus were carried to term or where the pregnancy

is the result of an act of rape or incest.

SEC. 208. Expenditures made pursuant to this title of this

joint resolution shall be charged to the applicable appropriation,

fund, or authorization whenever a bill in which such applicable

appropriation, fund, or authorization is contained is enacted into

law.

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

year 1996 referred to in section 201 of this title of this joint

resolution that makes the availability of any appropriation provided

therein dependent upon the enactment of additional authorizing

or other legislation shall be effective before the date set forth

in section 206(c) of this joint resolution.

SEC. 210. Appropriations and funds made available by or

authority granted pursuant to this title of this joint resolution

may be used without regard to the time limitations for submission

and approval of apportionments set forth in section 1513 of title

31, United States Code, but nothing herein shall be construed

to waive any other provision of law governing the apportionment

of funds.

SEC. 211. Notwithstanding any other provision of this title

of this joint resolution, except section 206, whenever the Act listed

in section 201 as passed by both the House and Senate as of

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

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

budget request, or whenever the rate for operations for an ongoing

project or activity provided by section 201 for which there is a

budget request would result in the project or activity being significantly reduced, the pertinent project or activity may be continued

under the authority and conditions provided in the applicable appropriations Act for the fiscal year 1995 by increasing the rate for

operations provided by section 201 to a rate for operations not

to exceed one that provides the minimal level that would enable

existing activities to continue. No new contracts or grants shall

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

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

of days covered by this resolution bears to 366. For the purposes
H. J. Res. 136—5

of this title of this joint resolution the minimal level means a

rate for operations that is reduced from the current rate by 25

percent.

SEC. 212. Notwithstanding any other provision of this title

of this joint resolution, except section 206, whenever the rate for

operations for any continuing project or activity provided by section

201 or section 211 for which there is a budget request would

result in a furlough of Government employees, that rate for operations may be increased to the minimum level that would enable

the furlough to be avoided. No new contracts or grants shall be

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

the rate for operations provided by this section as the number

of days covered by this resolution bears to 366.

SEC. 213. Notwithstanding any other provision of this title

of this joint resolution, except sections 206, 211, and 212, for those

programs that had high initial rates of operation or complete distribution of funding at the beginning of the fiscal year in fiscal

year 1995 because of distributions of funding to States, foreign

countries, grantees, or others, similar distributions of funds for

fiscal year 1996 shall not be made and no grants shall be awarded

for such programs funded by this title of this resolution that would

impinge on final funding prerogatives.

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

so that only the most limited funding action of that permitted

in this title of this resolution shall be taken in order to provide

for continuation of projects and activities.

SEC. 215. The provisions of section 132 of the District of Columbia Appropriations Act, 1988, Public Law 100–202, shall not apply

for this title of this joint resolution.

SEC. 216. Notwithstanding any other provision of this title

of this joint resolution, except section 206, none of the funds appropriated under this title of this joint resolution shall be used to

implement or enforce any system of registration of unmarried,

cohabiting couples whether they are homosexual, lesbian, heterosexual, including but not limited to registration for the purpose

of extending employment, health, or governmental benefits to such

couples on the same basis that such benefits are extended to legally

married couples; nor shall any funds made available pursuant to

any provision of this title of this joint resolution otherwise be

used to implement or enforce D.C. Act 9–188, signed by the Mayor

of the District of Columbia on April 15, 1992.

TITLE III

VETERANS AFFAIRS

The following sums are hereby appropriated, out of any money

in the Treasury not otherwise appropriated, and out of applicable

corporate or other revenues, receipts, and funds, for the several

departments, agencies, corporations and other organizational units

of Government for the fiscal year 1996, and for other purposes,

namely:

SEC. 301. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF VETERANS’ BENEFITS IN EVENT OF LACK OF APPROPRIATIONS.

(a) PAYMENTS REQUIRED.—In any case during fiscal year 1996

in which appropriations are not otherwise available for programs,
H. J. Res. 136—6

projects, and activities of the Department of Veterans Affairs, the

Secretary of Veterans Affairs shall nevertheless ensure that—

(1) payments of existing veterans benefits are made in

accordance with regular procedures and schedules and in

accordance with eligibility requirements for such benefits; and

(2) payments to contractors of the Veterans Health

Administration of the Department of Veterans Affairs are made

when due in the case of services provided that directly relate

to patient health and safety.

(b) FUNDING.—There is hereby appropriated such sums as may

be necessary for the payments pursuant to subsection (a), including

such amounts as may be necessary for the costs of administration

of such payments.

(c) CHARGING OF ACCOUNTS WHEN APPROPRIATIONS MADE.—

In any case in which the Secretary uses the authority of subsection

(a) to make payments, applicable accounts shall be charged for

amounts so paid, and for the costs of administration of such payments, when regular appropriations become available for those

purposes.

(d) EXISTING BENEFITS SPECIFIED.—For purposes of this section,

existing veterans benefits are benefits under laws administered

by the Secretary of Veterans Affairs that have been adjudicated

and authorized for payment as of—

(1) December 15, 1995; or

(2) if appropriations for such benefits are available (other

than pursuant to subsection (b)) after December 15, 1995, the

last day on which appropriations for payment of such benefits

are available (other than pursuant to subsection (b)).

SEC. 302. Section 301 shall cease to be effective on

January 3, 1996.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.