IA

104TH CONGRESS

1ST SESSION H. J. RES. 122

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

purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 15, 1995

Mr. LIVINGSTON introduced the following joint resolution; which was referred

to the Committee on Appropriations, and in addition to the Committee

on House Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

JOINT RESOLUTION

Making further continuing appropriations for 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, corpora7 tions, and other organizational units of Government for

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

HJ 122 IH

1 TITLE I

2 CONTINUING APPROPRIATIONS

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 projects or activities including the costs of direct

7 loans and loan guarantees (not otherwise specifically pro8 vided for in this joint resolution) which were conducted

9 in the fiscal year 1995 and for which appropriations,

10 funds, or other authority would be available in the follow11 ing appropriations Acts:

12 The Departments of Commerce, Justice, and

13 State, the Judiciary, and Related Agencies Appro14 priations Act, 1996, notwithstanding section 15 of

15 the State Department Basic Authorities Act of

16 1956, section 701 of the United States Information

17 and Educational Exchange Act of 1948, section 313

18 of the Foreign Relations Authorization Act, Fiscal

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

20 section 53 of the Arms Control and Disarmament

21 Act;

22 The Department of Defense Appropriations

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

24 National Security Act of 1947;
3

HJ 122 IH

1 The District of Columbia Appropriations Act,

2 1996;

3 The Foreign Operations, Export Financing, and

4 Related Programs Appropriations Act, 1996, not5 withstanding section 10 of Public Law 91–672 and

6 section 15(a) of the State Department Basic Au7 thorities Act of 1956;

8 The Department of the Interior and Related

9 Agencies Appropriations Act, 1996;

10 The Departments of Labor, Health and Human

11 Services, and Education, and Related Agencies Ap12 propriations Act, 1996;

13 The Legislative Branch Appropriations Act,

14 1996, H.R. 2492;

15 The Department of Transportation Appropria16 tions Act, 1996;

17 The Treasury, Postal Service, and General Gov18 ernment Appropriations Act, 1996;

19 The Departments of Veterans Affairs and

20 Housing and Urban Development, and Independent

21 Agencies Appropriations Act, 1996:

22 Provided, That whenever the amount which would be made

23 available or the authority which would be granted in these

24 Acts is greater than that which would be available or

25 granted under current operations, the pertinent project or
4

HJ 122 IH

1 activity shall be continued at a rate for operations not ex2 ceeding the current rate.

3 (b) Whenever the amount which would be made avail4 able or the authority which would be granted under an

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

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

7 from that which would be available or granted under such

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

9 of this joint resolution, the pertinent project or activity

10 shall be continued at a rate for operations not exceeding

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

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

13 authority and conditions provided in the applicable appro14 priations Act for the fiscal year 1995: Provided, That

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

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

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

18 resolution, the pertinent project or activity shall not be

19 continued except as provided for in section 111 or 112

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

21 applicable appropriations Act for the fiscal year 1995 and

22 under the authority and conditions provided in the appli23 cable appropriations Act for the fiscal year 1995.

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

25 passed by only the House or only the Senate as of the
5

HJ 122 IH

1 date of enactment of this joint resolution, the pertinent

2 project or activity shall be continued under the appropria3 tion, fund, or authority granted by the one House at a

4 rate for operations not exceeding the current rate or the

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

6 is lower, and under the authority and conditions provided

7 in the applicable appropriations Act for the fiscal year

8 1995: Provided, That where an item is funded in the appli9 cable appropriations Act for the fiscal year 1995 and not

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

11 date of enactment of this joint resolution, the pertinent

12 project or activity shall not be continued except as pro13 vided for in section 111 and 112 under the appropriation,

14 fund, or authority granted by the applicable appropria15 tions Act for fiscal year 1995 and under the authority and

16 conditions provided in the applicable appropriations Act

17 for the fiscal year 1995.

18 SEC. 102. No appropriation or funds made available

19 or authority granted pursuant to section 101 for the De20 partment of Defense shall be used for new production of

21 items not funded for production in fiscal year 1995 or

22 prior years, for the increase in production rates above

23 those sustained with fiscal year 1995 funds, or to initiate,

24 resume, or continue any project, activity, operation, or or25 ganization which are defined as any project, subproject,
6

HJ 122 IH

1 activity, budget activity, program element, and

2 subprogram within a program element and for investment

3 items are further defined as a P–1 line item in a budget

4 activity within an appropriation account and an R–1 line

5 item which includes a program element and subprogram

6 element within an appropriation account, for which appro7 priations, funds, or other authority were not available dur8 ing the fiscal year 1995: Provided, That no appropriation

9 or funds made available or authority granted pursuant to

10 section 101 for the Department of Defense shall be used

11 to initiate multi-year procurements utilizing advance pro12 curement funding for economic order quantity procure13 ment unless specifically appropriated later.

14 SEC. 103. Appropriations made by section 101 shall

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

16 be provided by the pertinent appropriations Act.

17 SEC. 104. No appropriation or funds made available

18 or authority granted pursuant to section 101 shall be used

19 to initiate or resume any project or activity for which ap20 propriations, funds, or other authority were not available

21 during the fiscal year 1995.

22 SEC. 105. No provision which is included in an appro23 priations Act enumerated in section 101 but which was

24 not included in the applicable appropriations Act for fiscal

25 year 1995 and which by its terms is applicable to more
7

HJ 122 IH

1 than one appropriation, fund, or authority shall be appli2 cable to any appropriation, fund, or authority provided in

3 this joint resolution.

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

5 resolution or in the applicable appropriations Act, appro6 priations and funds made available and authority granted

7 pursuant to this joint resolution shall be available until

8 (a) enactment into law of an appropriation for any project

9 or activity provided for in this joint resolution, or (b) the

10 enactment into law of the applicable appropriations Act

11 by both Houses without any provision for such project or

12 activity, or (c) December 5, 1995, whichever first occurs.

13 SEC. 107. Appropriations made and authority grant14 ed pursuant to this joint resolution shall cover all obliga15 tions or expenditures incurred for any program, project,

16 or activity during the period for which funds or authority

17 for such project or activity are available under this joint

18 resolution.

19 SEC. 108. Expenditures made pursuant to this joint

20 resolution shall be charged to the applicable appropriation,

21 fund, or authorization whenever a bill in which such appli22 cable appropriation, fund, or authorization is contained is

23 enacted into law.

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

25 the fiscal year 1996 referred to in section 101 of this joint
8

HJ 122 IH

1 resolution that makes the availability of any appropriation

2 provided therein dependent upon the enactment of addi3 tional authorizing or other legislation shall be effective

4 before the date set forth in section 106(c) of this joint

5 resolution.

6 SEC. 110. Appropriations and funds made available

7 by or authority granted pursuant to this joint resolution

8 may be used without regard to the time limitations for

9 submission and approval of apportionments set forth in

10 section 1513 of title 31, United States Code, but nothing

11 herein shall be construed to waive any other provision of

12 law governing the apportionment of funds.

13 SEC. 111. Notwithstanding any other provision of

14 this joint resolution, except section 106, whenever an Act

15 listed in section 101 as passed by both the House and

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

17 does not include funding for an ongoing project or activity

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

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

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

21 joint resolution, and an item funded in fiscal year 1995

22 is not included in the version passed by the one House,

23 or whenever the rate for operations for an ongoing project

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

25 budget request would result in the project or activity being
9

HJ 122 IH

1 significantly reduced, the pertinent project or activity may

2 be continued under the authority and conditions provided

3 in the applicable appropriations Act for the fiscal year

4 1995 by increasing the rate for operations provided by sec5 tion 101 to a rate for operations not to exceed one that

6 provides the minimal level that would enable existing ac7 tivities to continue. No new contracts or grants shall be

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

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

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

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

12 rate for operations that is reduced from the current rate

13 by 40 percent.

14 SEC. 112. Notwithstanding any other provision of

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

16 for operations for any continuing project or activity pro17 vided by section 101 or section 111 for which there is a

18 budget request would result in a furlough of Government

19 employees, that rate for operations may be increased to

20 the minimum level that would enable the furlough to be

21 avoided. No new contracts or grants shall be awarded in

22 excess of an amount that bears the same ratio to the rate

23 for operations provided by this section as the number of

24 days covered by this resolution bears to 366.
10

HJ 122 IH

1 SEC. 113. Notwithstanding any other provision of

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

3 for those programs that had high initial rates of operation

4 or complete distribution of funding at the beginning of the

5 fiscal year in fiscal year 1995 because of distributions of

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

7 similar distributions of funds for fiscal year 1996 shall

8 not be made and no grants shall be awarded for such pro9 grams funded by this resolution that would impinge on

10 final funding prerogatives.

11 SEC. 114. This joint resolution shall be implemented

12 so that only the most limited funding action of that per13 mitted in the resolution shall be taken in order to provide

14 for continuation of projects and activities.

15 SEC. 115. The provisions of section 132 of the Dis16 trict of Columbia Appropriations Act, 1988, Public Law

17 100–202, shall not apply for this joint resolution. Included

18 in the apportionment for the Federal Payment to the Dis19 trict of Columbia shall be an additional $15,000,000 above

20 the amount otherwise made available by this joint resolu21 tion, for purposes of certain capital construction loan re22 payments pursuant to Public Law 85–451, as amended.

23 SEC. 116. Notwithstanding any other provision of

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

25 conditions for the application of appropriations for the Of-
11

HJ 122 IH

1 fice of Technology Assessment as contained in the Con2 ference Report on the Legislative Branch Appropriations

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

4 applying the funding made available by this joint resolu5 tion.

6 SEC. 117. Notwithstanding any other provision of

7 this joint resolution, except section 106, any distribution

8 of funding under the Rehabilitation Services and Disabil9 ity Research account in the Department of Education may

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

11 the rate for operation for this account provide by this joint

12 resolution as the number of days covered by this resolution

13 bears to 366.

14 SEC. 118. Notwithstanding any other provision of

15 this joint resolution, except section 106, the authorities

16 provided under subsection (a) of section 140 of the For17 eign Relations Authorization Act, Fiscal Years 1994 and

18 1995 (Public Law 103–236) shall remain in effect during

19 the period of this joint resolution, notwithstanding para20 graph (3) of said subsection.

21 SEC. 119. Notwithstanding any other provision of

22 this joint resolution, except section 106, the amount made

23 available to the Securities and Exchange Commission,

24 under the heading Salaries and Expenses, shall include,

25 in addition to direct appropriations, the amount it collects
12

HJ 122 IH

1 under the fee rate and offsetting collection authority con2 tained in Public Law 103–352, which fee rate and offset3 ting collection authority shall remain in effect during the

4 period of this joint resolution.

5 SEC. 120. Until enactment of legislation providing

6 funding for the entire fiscal year ending September 30,

7 1996, for the Department of the Interior and Related

8 Agencies, funds available for necessary expenses of the

9 Bureau of Mines are for continuing limited health and

10 safety and related research, materials partnerships, and

11 minerals information activities; for mineral assessments in

12 Alaska; and for terminating all other activities of the Bu13 reau of Mines.

14 SEC. 121. Notwithstanding any other provision of

15 this joint resolution, except section 106, funds for the En16 vironmental Protection Agency shall be made available in

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

18 2099 as reported on September 13, 1995.

19 SEC. 122. Notwithstanding any other provision of

20 this joint resolution, except section 106, the rate for oper21 ations for projects and activities that would be funded

22 under the heading ‘‘International Organizations and Con23 ferences, Contributions to International Organizations’’ in

24 the Departments of Commerce, Justice, and State, the Ju25 diciary, and Related Agencies Appropriations Act, 1996,
13

HJ 122 IH

1 shall be the amount provided by the provisions of sections

2 101, 111, and 112 multiplied by the ratio of the number

3 of days covered by this resolution to 366 and multiplied

4 further by 1.27.

5 SEC. 123. Notwithstanding any other provision of

6 this joint resolution, except section 106, the rate for oper7 ations of the following projects or activities shall be only

8 the minimum necessary to accomplish orderly termination:

9 Administrative Conference of the United States;

10 Advisory Commission on Intergovernmental Re11 lations (except that activities to carry out the provi12 sions of Public Law 104–4 may continue);

13 Interstate Commerce Commission;

14 Pennsylvania Avenue Development Corporation;

15 Land and Water Conservation Fund, State As16 sistance; and

17 Office of Surface Mining Reclamation and En18 forcement, Rural Abandonment Mine Program.

19 TITLE II

20 SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT

21 PRINTING.

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

23 107 of title 1, United States Code, are waived with respect

24 to the printing (on parchment or otherwise) of the enroll25 ment of any of the following measures of the first session
14

HJ 122 IH

1 of the One Hundred Fourth Congress presented to the

2 President after the enactment of this joint resolution:

3 (1) A continuing resolution.

4 (2) A debt limit extension measure.

5 (3) A reconciliation bill.

6 (b) CERTIFICATION BY COMMITTEE ON HOUSE

7 OVERSIGHT.—The enrollment of a measure to which sub8 section (a) applies shall be in such form as the Committee

9 on House Oversight of the House of Representatives cer10 tifies to be a true enrollment.

11 SEC. 202. DEFINITIONS.

12 As used in this joint resolution:

13 (1) CONTINUING RESOLUTION.—The term

14 ‘‘continuing resolution’’ means a bill or joint resolu15 tion that includes provisions making further continu16 ing appropriations for fiscal year 1996.

17 (2) DEBT LIMIT EXTENSION MEASURE.—The

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

19 joint resolution that includes provisions increasing or

20 waiving (for a temporary period or otherwise) the

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

22 United States Code.

23 (3) RECONCILIATION BILL.—The term ‘‘rec24 onciliation bill’’ means a bill that is a reconciliation
15

HJ 122 IH

1 bill within the meaning of section 310 of the Con2 gressional Budget Act of 1974.

3 TITLE III

4 COMMITMENT TO A SEVEN-YEAR BALANCED

5 BUDGET

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

7 enact legislation in the One Hundred Fourth Congress to

8 achieve a unified balanced budget not later than the fiscal

9 year 2002 as scored by the non-partisan Congressional

10 Budget Office.

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

12 shall be based on the most current economic and technical

13 assumptions of the Congressional Budget Office.

Æ