H. J. Res. 115

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, That 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:

TITLE I

CONTINUING APPROPRIATIONS

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 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 and for which appropriations,

funds, or other authority would be available in the following appropriations Acts:

The Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 1996, notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 701 of the United States Information

and Educational Exchange Act of 1948, section 313 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and

1995 (Public Law 103–236), and section 53 of the Arms Control

and Disarmament Act;

The Department of Defense Appropriations Act, 1996, notwithstanding section 504(a)(1) of the National Security Act

of 1947;

The District of Columbia Appropriations Act, 1996;

The Energy and Water Development Appropriations Act,

1996;

The Foreign Operations, Export Financing, and Related

Programs Appropriations Act, 1996, notwithstanding section

10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956;

The Department of the Interior and Related Agencies

Appropriations Act, 1996;
H. J. Res. 115—2

The Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations Act, 1996;

The Legislative Branch Appropriations Act, 1996, H.R.

2492;

The Department of Transportation Appropriations Act,

1996;

The Treasury, Postal Service, and General Government

Appropriations Act, 1996;

The Departments of Veterans Affairs and Housing and

Urban Development, and Independent Agencies Appropriations

Act, 1996:

Provided, That whenever the amount which would be made available or the authority which would be granted in these Acts 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 an 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 111 or 112 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. (c) Whenever an Act 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: Provided,

That where an item is funded in the applicable appropriations

Act for the fiscal year 1995 and not included in the version passed

by the one House 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 111 or 112 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. 102. No appropriation or funds made available or authority

granted pursuant to section 101 for the Department of Defense

shall be used for new production of items not funded for production

in fiscal year 1995 or prior years, for the increase in production

rates above those sustained with fiscal year 1995 funds, or to

initiate, resume, or continue any project, activity, operation, or
H. J. Res. 115—3

organization which are defined as any project, subproject, activity,

budget activity, program element, and subprogram within a program element and for investment items are further defined as

a P–1 line item in a budget activity within an appropriation account

and an R–1 line item which includes a program element and

subprogram element within an appropriation account, for which

appropriations, funds, or other authority were not available during

the fiscal year 1995: Provided, That no appropriation or funds

made available or authority granted pursuant to section 101 for

the Department of Defense shall be used to initiate multi-year

procurements utilizing advance procurement funding for economic

order quantity procurement unless specifically appropriated later.

SEC. 103. 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. 104. 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. 105. No provision which is included in an 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. 106. Unless otherwise provided for in this joint resolution

or in the applicable appropriations Act, appropriations and funds

made available and authority granted pursuant to this joint resolution shall be available until (a) enactment into law of an appropriation for any project or activity provided for in 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) December 1, 1995, whichever first occurs.

SEC. 107. Appropriations made and authority granted pursuant

to 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. 108. Expenditures made pursuant to 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. 109. 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. 110. Appropriations and funds made available by or

authority granted pursuant to 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. 111. Notwithstanding any other provision of this joint

resolution, except section 106, whenever an Act listed in section

101 as passed by both the House and Senate as of the date of
H. J. Res. 115—4

enactment of this joint resolution, does not include funding for

an ongoing project or activity for which there is a budget request,

or whenever an Act listed in section 101 has been passed by only

the House or only the Senate as of the date of enactment of

this joint resolution, and an item funded in fiscal year 1995 is

not included in the version passed by the one House, or whenever

the rate for operations for an ongoing project or activity provided

by section 101 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

101 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 of the Act, the minimal level means

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

40 percent.

SEC. 112. Notwithstanding any other provision of this joint

resolution, except section 106, whenever the rate for operations

for any continuing project or activity provided by section 101 or

section 111 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. 113. Notwithstanding any other provision of this joint

resolution, except sections 106, 111, and 112, 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 resolution that would impinge on final

funding prerogatives.

SEC. 114. This joint resolution shall be implemented so that

only the most limited funding action of that permitted in the resolution shall be taken in order to provide for continuation of projects

and activities.

SEC. 115. The provisions of section 132 of the District of Columbia Appropriations Act, 1988, Public Law 100–202, shall not apply

for this joint resolution. Included in the apportionment for the

Federal Payment to the District of Columbia shall be an additional

$15,000,000 above the amount otherwise made available by this

joint resolution, for purposes of certain capital construction loan

repayments pursuant to Public Law 85–451, as amended.

SEC. 116. Notwithstanding any other provision of this joint

resolution, except section 106, the authority and conditions for

the application of appropriations for the Office of Technology Assessment as contained in the conference report on the Legislative

Branch Appropriations Act, 1996, House Report 104–212, shall be

followed when applying the funding made available by this joint

resolution.
H. J. Res. 115—5

SEC. 117. Notwithstanding any other provision of this joint

resolution, except section 106, any distribution of funding under

the Rehabilitation Services and Disability Research account in the

Department of Education may be made up to an amount that

bears the same ratio to the rate for operation for this account

provided by this joint resolution as the number of days covered

by this resolution bears to 366.

SEC. 118. Notwithstanding any other provision of this joint

resolution, except section 106, the authorities provided under subsection (a) of section 140 of the Foreign Relations Authorization

Act, Fiscal Years 1994 and 1995 (Public Law 103–236) shall remain

in effect during the period of this joint resolution, notwithstanding

paragraph (3) of said subsection.

SEC. 119. Notwithstanding any other provision of this joint

resolution, except section 106, the amount made available to the

Securities and Exchange Commission, under the heading Salaries

and Expenses, shall include, in addition to direct appropriations,

the amount it collects under the fee rate and offsetting collection

authority contained in Public Law 103–352, which fee rate and

offsetting collection authority shall remain in effect during the

period of this joint resolution.

SEC. 120. Until enactment of legislation providing funding for

the entire fiscal year ending September 30, 1996, for the Department of the Interior and Related Agencies, funds available for

necessary expenses of the Bureau of Mines are for continuing limited health and safety and related research, materials partnerships,

and minerals information activities; for mineral assessments in

Alaska; and for terminating all other activities of the Bureau of

Mines.

SEC. 121. Notwithstanding any other provision of this joint

resolution, except section 106, funds for the Environmental Protection Agency shall be made available in the appropriation accounts

which are provided in H.R. 2099 as reported on September 13,

1995.

SEC. 122. Notwithstanding any other provision of this joint

resolution, except section 106, the rate for operations for projects

and activities that would be funded under the heading ‘‘International Organizations and Conferences, Contributions to International Organizations’’ in the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations Act,

1996, shall be the amount provided by the provisions of sections

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

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

SEC. 123. Notwithstanding any other provision of this joint

resolution, except section 106, the rate for operations of the following projects or activities shall be only the minimum necessary

to accomplish orderly termination:

Administrative Conference of the United States;

Advisory Commission on Intergovernmental Relations

(except that activities to carry out the provisions of Public

Law 104–4 may continue);

Interstate Commerce Commission;

Pennsylvania Avenue Development Corporation;

Land and Water Conservation Fund, State Assistance; and

Office of Surface Mining Reclamation and Enforcement,

Rural Abandoned Mine Program.
H. J. Res. 115—6

TITLE II

SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

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

1, United States Code, are waived with respect to the printing

(on parchment or otherwise) of the enrollment of any of the following

measures of the first session of the One Hundred Fourth Congress

presented to the President after the enactment of this joint resolution:

(1) A continuing resolution.

(2) A debt limit extension measure.

(3) A reconciliation bill.

(b) CERTIFICATION BY COMMITTEE ON HOUSE OVERSIGHT.—The

enrollment of a measure to which subsection (a) applies shall be

in such form as the Committee on House Oversight of the House

of Representatives certifies to be a true enrollment.

SEC. 202. DEFINITIONS.

As used in this joint resolution:

(1) CONTINUING RESOLUTION.—The term ‘‘continuing resolution’’ means a bill or joint resolution that includes provisions

making further continuing appropriations for fiscal year 1996.

(2) DEBT LIMIT EXTENSION MEASURE.—The term ‘‘debt limit

extension measure’’ means a bill or joint resolution that

includes provisions increasing or waiving (for a temporary

period or otherwise) the public debt limit under section 3101(b)

of title 31, United States Code.

(3) RECONCILIATION BILL.—The term ‘‘reconciliation bill’’

means a bill that is a reconciliation bill within the meaning

of section 310 of the Congressional Budget Act of 1974.

TITLE III—MEDICARE

SEC. 301. DETERMINATION OF MEDICARE PART B PREMIUM.

(a) Any percentage reference in subsection (e)(1)(A) of section

1839 of the Social Security Act for months in 1996 is deemed

a reference to the amount described in subsection (e)(1)(B)(v) of

such section, expressed as a percentage of the monthly actuarial

rate under subsection (a)(1) of such section for months in 1995.

SEC. 302. MEDICARE COVERAGE OF CERTAIN ANTICANCER DRUG

TREATMENTS.

(a) COVERAGE OF CERTAIN SELF-ADMINISTERED ANTICANCER

DRUGS.—Section 1861(s)(2)(Q) of the Social Security Act (42 U.S.C. 1395x(s)(2)(Q)) is amended—

(1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’; and

(2) by striking the semicolon at the end and inserting

‘‘, and’’; and

(3) by adding at the end the following:

‘‘(ii) an oral drug (which is approved by the Federal Food

and Drug Administration) prescribed for use as an anticancer

nonsteroidal antiestrogen or nonsteroidal antiandrogen agent for

a given indication;’’.

(b) UNIFORM COVERAGE OF ANTICANCER DRUGS IN ALL SETTINGS.—Section 1861(t)(2)(A) of such Act (42 U.S.C. 1395x(t)(2)(A))

is amended by adding (including a nonsteroidal antiestrogen or

nonsteroidal antiandrogen regimen)’’ after ‘‘regimen’’.
H. J. Res. 115—7

(c) CONFORMING AMENDMENT.—Section 1834 (j)(5)(F)(iv) of such

Act (42 U.S.C. 1395m(j)(5)(F)(iv)) is amended by striking ‘‘prescribed

for use’’ and all that follows through ‘‘1861 (s)(2)(Q))’’ and inserting

‘‘described in section 1861(s)(2)(Q)’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply to drugs furnished on or after the date of the enactment

of this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.