104TH CONGRESS

2D SESSION H.R. 1643

AMENDMENTS

TO

SENATE AMENDMENT
In the House of Representatives, U. S.,

January 5, 1996.

Resolved, That the House agree to the amendment of the

Senate to the bill (H.R. 1643) entitled ‘‘An Act to authorize

the extension of nondiscriminatory treatment (most-favorednation treatment) to the products of Bulgaria’’, with the following

AMENDMENTS:

In lieu of the matter inserted by said amendment, 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 SEC. 101. (a) Such amounts as may be necessary

8 under the authority and conditions provided in the applica9 ble appropriations Act for the fiscal year 1995 for continu10 ing the following projects or activities including the costs

11 of direct loans and loan guarantees (not otherwise specifi12 cally provided for in this Act) which were conducted in the

13 fiscal year 1995:
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1 All nutrition services for the elderly under the

2 account heading ‘‘Aging services programs’’ under the

3 Administration on Aging in the Department of

4 Health and Human Services;

5 All grants to States for child welfare services, au6 thorized by title IV, part B, subpart 1, of the Social

7 Security Act, under the account heading ‘‘Children

8 and families services programs’’ under the Adminis9 tration for Children and Families in the Department

10 of Health and Human Services;

11 All Federal Parent Locator Service activities, as

12 authorized by section 453 of the Social Security Act,

13 under the account heading ‘‘Children and families

14 services programs’’ under the Administration for

15 Children and Families in the Department of Health

16 and Human Services;

17 All State unemployment insurance administra18 tion activities under the account heading ‘‘State un19 employment insurance and employment service oper20 ations’’ under the Employment and Training Admin21 istration in the Department of Labor;

22 All general welfare assistance payments and fos23 ter care payments, as authorized by law, funded

24 under the account heading ‘‘Operation of Indian pro-
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1 grams’’ under the Bureau of Indian Affairs in the

2 Department of the Interior;

3 All projects and activities funded under the ac4 count heading ‘‘Family support payments to States’’

5 under the Administration For Children and Families

6 in the Department of Health and Human Services;

7 All projects and activities funded under the ac8 count heading ‘‘Payments to States for foster care and

9 adoption assistance’’ under the Administration For

10 Children and Families in the Department of Health

11 and Human Services;

12 All administrative activities necessary to carry

13 out the projects and activities in the preceeding two

14 paragraphs;

15 All projects and activities funded under the ac16 count headings ‘‘Dual benefits payments account’’,

17 ‘‘Limitation on administration’’ and ‘‘Limitation on

18 railroad unemployment insurance administration

19 fund’’ under the Railroad Retirement Board;

20 All projects and activities necessary to accommo21 date visitors and to provide for visitor services in the

22 National Park System, the National Wildlife Refuges,

23 the National Forests, the facilities operated by the

24 Smithsonian Institution, the National Gallery of Art,
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1 the John F. Kennedy Center for the Performing Arts,

2 and the United States Holocaust Memorial; and

3 All projects and activities necessary to process

4 visas and passports and to provide for American citi5 zen services, notwithstanding section 15 of the State

6 Department Basic Authorities Act of 1956: Provided,

7 That whenever the amount which would be made

8 available or the authority which would be granted

9 under an Act which included funding for fiscal year

10 1996 for the projects and activities listed in this sec11 tion is greater than that which would be available or

12 granted under current operations, the pertinent

13 project or activity shall be continued at a rate for op14 erations not exceeding the current rate.

15 (b) Whenever the amount which would be made avail16 able or the authority which would be granted under the Act

17 which included funding for fiscal year 1996 for the projects

18 and activities listed in this section as passed by the House

19 as of the date of enactment of this Act, is different from

20 that which would be available or granted under such Act

21 as passed by the Senate as of the date of enactment of this

22 Act, the pertinent project or activity shall be continued at

23 a rate for operations not exceeding the current rate or the

24 rate permitted by the action of the House or the Senate,

25 whichever is lower, under the authority and conditions pro-
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1 vided in the applicable appropriations Act for the fiscal

2 year 1995.

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

4 year 1996 for the projects and activities listed in this sec5 tion has been passed by only the House or only the Senate

6 as of the date of enactment of this Act, the pertinent project

7 or activity shall be continued under the appropriation,

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

9 operations not exceeding the current rate or the rate per10 mitted by the action of the one House, whichever is lower,

11 and under the authority and conditions provided in the ap12 plicable appropriations Act for the fiscal year 1995.

13 SEC. 102. Appropriations made by section 101 shall

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

15 be provided by the pertinent appropriations Act.

16 SEC. 103. No appropriation or funds made available

17 or authority granted pursuant to section 101 shall be used

18 to initiate or resume any project or activity for which ap19 propriations, funds, or other authority were not available

20 during the fiscal year 1995.

21 SEC. 104. No provision which is included in the appro22 priations Act enumerated in section 101 but which was not

23 included in the applicable appropriations Act for fiscal

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

25 than one appropriation, fund, or authority shall be applica-
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1 ble to any appropriation, fund, or authority provided in

2 this Act.

3 SEC. 105. Appropriations made and authority granted

4 pursuant to this title of this Act shall cover all obligations

5 or expenditures incurred for any program, project, or activ6 ity during the period for which funds or authority for such

7 project or activity are available under this Act.

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

9 of this Act or in the applicable appropriations Act, appro10 priations and funds made available and authority granted

11 pursuant to this title of this Act shall be available until

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

13 or activity provided for in this title of this Act, or (b) the

14 enactment into law of the applicable appropriations Act by

15 both Houses without any provision for such project or activ16 ity, or (c) September 30, 1996, except for the projects and

17 activities under the headings ‘‘Family support payments to

18 States’’ and ‘‘Payments to States for foster care and adop19 tion assistance’’, for which date shall be March 15, 1996,

20 whichever first occurs.

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

22 this Act shall be charged to the applicable appropriation,

23 fund, or authorization whenever a bill in which such appli24 cable appropriation, fund, or authorization is contained is

25 enacted into law.
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1 SEC. 108. No provision in the appropriations Act for

2 the fiscal year 1996 referred to in section 101 of this Act

3 that makes the availability of any appropriation provided

4 therein dependent upon the enactment of additional author5 izing or other legislation shall be effective before the date

6 set forth in section 106(c) of this Act.

7 SEC. 109. Appropriations and funds made available

8 by or authority granted pursuant to this title of this Act

9 may be used without regard to the time limitations for sub10 mission and approval of apportionments set forth in section

11 1513 of title 31, United States Code, but nothing herein

12 shall be construed to waive any other provision of law gov13 erning the apportionment of funds.

14 SEC. 110. For the purposes of this title of this Act,

15 the time covered by this title of this Act shall be considered

16 to have begun on December 16, 1995.

17 SEC. 111. Notwithstanding any other provision of this

18 Act, except section 106, funds appropriated under section

19 101 for the payment of vested dual benefits under the Rail20 road Retirement Act shall be made available so as to fully

21 fund the payments made on January 1, 1996, and the pay22 ments to be made within the period covered by this Act in23 cluding those payments to be made on the first day of each

24 month within the period covered by this Act. In addition

25 to the funds appropriated under section 101 of this Act,
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1 $12,800,000 is appropriated to restore full funding for pay2 ments made for the period prior to January 1, 1996.

3 SEC. 112. Notwithstanding any other provision of this

4 Act, except section 106, the authorities provided under sub5 section (a) of section 140 of the Foreign Relations Author6 ization Act, Fiscal Years 1994 and 1995 (Public Law 103–

7 236) shall remain in effect during the period of this Act,

8 notwithstanding paragraph (3) of said subsection.

9 TITLE II

10 VETERANS AFFAIRS

11 The following sums are hereby appropriated, out of

12 any money in the Treasury not otherwise appropriated,

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

14 and funds, for the several departments, agencies, corpora15 tions, and other organizational units of Government for the

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

17 SEC. 201. ENSURED PAYMENT DURING FISCAL YEAR

18 1996 OF VETERANS’ BENEFITS IN EVENT OF LACK OF AP19 PROPRIATIONS.—(a) PAYMENTS REQUIRED.—In any case

20 during fiscal year 1996 in which appropriations are not

21 otherwise available for programs, projects, and activities of

22 the Department of Veterans Affairs, the Secretary of Veter23 ans Affairs shall nevertheless ensure that—

24 (1) payments of existing veterans benefits are

25 made in accordance with regular procedures and
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1 schedules and in accordance with eligibility require2 ments for such benefits; and

3 (2) payments to contractors of the Veterans

4 Health Administration of the Department of Veterans

5 Affairs are made when due in the case of services pro6 vided that directly relate to patient health and safety.

7 (b) FUNDING.—There is hereby appropriated such

8 sums as may be necessary for the payments pursuant to

9 subsection (a), including such amounts as may be necessary

10 for the costs of administration of such payments.

11 (c) CHARGING OF ACCOUNTS WHEN APPROPRIATIONS

12 MADE.—In any case in which the Secretary uses the au13 thority of subsection (a) to make payments, applicable ac14 counts shall be charged for amounts so paid, and for the

15 costs of administration of such payments, when regular ap16 propriations become available for those purposes.

17 (d) EXISTING BENEFITS SPECIFIED.—For purposes of

18 this section, existing veterans benefits are benefits under

19 laws administered by the Secretary of Veterans Affairs that

20 have been adjudicated and authorized for payment as of—

21 (1) December 15, 1995; or

22 (2) if appropriations for such benefits are avail23 able (other than pursuant to subsection (b)) after De24 cember 15, 1995, the last day on which appropria-
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1 tions for payment of such benefits are available (other

2 than pursuant to subsection (b)).

3 SEC. 202. Section 201 shall cease to be effective on Sep4 tember 30, 1996.

5 SEC. 203. For the purposes of this title of this Act,

6 the time covered by this title of this Act shall be considered

7 to have begun on January 4, 1996.

8 TITLE III

9 The following sums are hereby appropriated, out of

10 any money in the Treasury not otherwise appropriated,

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

12 and funds, for the several departments, agencies, corpora13 tions, and other organizational units of Government for the

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

15 SEC. 301. Such amounts as may be necessary under

16 the authority and conditions provided in applicable appro17 priations Acts for the fiscal year 1995 for paying salaries

18 of Federal employees excepted from the provisions of the

19 Antideficiency Act (31 U.S.C. 1341 et seq.) who are con20 tinuing projects and activities conducted in fiscal year 1995

21 who work during periods when there is otherwise no fund22 ing authority for their salaries.

23 SEC. 302. Appropriations made by section 301 shall

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

25 be provided by the pertinent appropriations Act.
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1 SEC. 303. No appropriation or funds made available

2 or authority granted pursuant to section 301 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. 304. No provision which is included in the appro7 priations Act enumerated in section 301 but which was not

8 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 applica11 ble to any appropriation, fund, or authority provided in

12 this Act.

13 SEC. 305. Appropriations made and authority granted

14 pursuant to this title of this Act shall cover all obligations

15 or expenditures incurred for any program, project, or activ16 ity during the period for which funds or authority for such

17 project or activity are available under this Act.

18 SEC. 306. Unless otherwise provided for in this title

19 of this Act or in the applicable appropriations Act, appro20 priations and funds made available and authority granted

21 pursuant to this title of this Act shall be available until

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

23 or activity provided for in this title of this Act, or (b) the

24 enactment into law of the applicable appropriations Act by
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1 both Houses without any provision for such project or activ2 ity, or (c) January 26, 1996, whichever first occurs.

3 SEC. 307. Expenditures made pursuant to this title of

4 this Act shall be charged to the applicable appropriation,

5 fund, or authorization whenever a bill in which such appli6 cable appropriation, fund, or authorization is contained is

7 enacted into law.

8 SEC. 308. No provision in the appropriations Act for

9 the fiscal year 1996 referred to in section 301 of this Act

10 that makes the availability of any appropriation provided

11 therein dependent upon the enactment of additional author12 izing or other legislation shall be effective before the date

13 set forth in section 306(c) of this Act.

14 SEC. 309. Appropriations and funds made available

15 by or authority granted pursuant to this title of this Act

16 may be used without regard to the time limitations for sub17 mission and approval of apportionments set forth in section

18 1513 of title 31, United States Code, but nothing herein

19 shall be construed to waive any other provision of law gov20 erning the apportionment of funds.

21 SEC. 310. ALL FEDERAL EMPLOYEES DEEMED TO BE

22 EXCEPTED EMPLOYEES.—(a) IN GENERAL.—Section 1342

23 of title 31, United States Code, is amended for the period

24 December 15, 1995 through January 26, 1996—
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1 (1) by inserting after the first sentence ‘‘All offi2 cers and employees of the United States Government

3 or the District of Columbia government shall be

4 deemed to be performing services relating to emer5 gencies involving the safety of human life or the pro6 tection of property.’’; and

7 (2) by striking out the last sentence.

8 SEC. 311. EXCEPTED EMPLOYEES UNDER NORMAL

9 LEAVE POLICY.—Federal employees considered excepted

10 from furlough during any period in which there is a lapse

11 in appropriations with respect to the agency activity in

12 which the employee is engaged shall not be considered to

13 be furloughed when on leave and shall be subject to the same

14 leave regulations as if no lapse in appropriations had oc15 curred.

16 SEC. 312. ELIGIBILITY FOR UNEMPLOYMENT COM17 PENSATION.—Notwithstanding any other provisions of law,

18 beginning on January 2, 1996, any Federal employee who

19 is excepted from furlough and is not being paid due to a

20 lapse in appropriations shall be deemed to be totally sepa21 rated from Federal service and eligible for unemployment

22 compensation benefits under subchapter I of chapter 85 of

23 title 5 of the United States Code with no waiting period

24 for such eligibility to accrue.
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1 SEC. 313. For the purposes of this title, Federal em2 ployees returning to work under the provisions of section

3 310 shall be deemed to have returned to work at the first

4 regularly scheduled opportunity after December 15, 1995.

5 SEC. 314. Appropriations made pursuant to section

6 301 are made notwithstanding section 15 of the State De7 partment Basic Authorities Act of 1956, section 701 of the

8 United States Information and Educational Exchange Act

9 of 1948, section 313 of the Foreign Relations Authorization

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

11 section 53 of the Arms Control and Disarmament Act, and

12 section 10 of Public Law 91–672.

13 TITLE IV

14 The following sums are hereby appropriated, out of the

15 general fund and enterprise funds of the District of Colum16 bia for the District of Columbia for the fiscal year 1996,

17 and for other purposes, namely:

18 SEC. 401. (a) Such amounts as may be necessary

19 under the authority and conditions provided in the applica20 ble appropriations Act for the fiscal year 1995 for continu21 ing projects or activities including the costs of direct loans

22 and loan guarantees (not otherwise specifically provided for

23 in this title of this Act) which were conducted in the fiscal

24 year 1995 and for which appropriations, funds, or other
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1 authority would be available in the following appropria2 tions Act:

3 The District of Columbia Appropriations Act,

4 1996:

5 Provided, That whenever the amount which would be made

6 available or the authority which would be granted in this

7 Act is greater than that which would be available or granted

8 under current operations, the pertinent project or activity

9 shall be continued at a rate for operations not exceeding

10 the current rate.

11 (b) Whenever the amount which would be made avail12 able or the authority which would be granted under the Act

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

14 of enactment of this Act, is different from that which would

15 be available or granted under such Act as passed by the

16 Senate as of the date of enactment of this Act, the pertinent

17 project or activity shall be continued at a rate for oper18 ations not exceeding the current rate or the rate permitted

19 by the action of the House or the Senate, whichever is lower,

20 under the authority and conditions provided in the applica21 ble appropriations Act for the fiscal year 1995: Provided,

22 That where an item is not included in either version or

23 where an item is included in only one version of the Act

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

25 this Act, the pertinent project or activity shall not be con-
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1 tinued except as provided for in section 411 or 412 under

2 the appropriation, fund, or authority granted by the appli3 cable appropriations Act for the fiscal year 1995 and under

4 the authority and conditions provided in the applicable ap5 propriations Act for the fiscal year 1995.

6 SEC. 402. Appropriations made by section 401 shall

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

8 be provided by the pertinent appropriations Act.

9 SEC. 403. No appropriation or funds made available

10 or authority granted pursuant to section 401 shall be used

11 to initiate or resume any project or activity for which ap12 propriations, funds, or other authority were not available

13 during the fiscal year 1995.

14 SEC. 404. No provision which is included in the appro15 priations Act enumerated in section 401 but which was not

16 included in the applicable appropriations Act for fiscal

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

18 than one appropriation, fund, or authority shall be applica19 ble to any appropriation, fund, or authority provided in

20 this title of this Act.

21 SEC. 405. Appropriations made and authority granted

22 pursuant to this title of this Act shall cover all obligations

23 or expenditures incurred for any program, project, or activ24 ity during the period for which funds or authority for such

25 project or activity are available under this title of this Act.
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1 SEC. 406. Unless otherwise provided for in this title

2 of this Act or in the applicable appropriations Act, appro3 priations and funds made available and authority granted

4 pursuant to this title of this Act shall be available until

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

6 or activity provided for in this title of this Act, or (b) the

7 enactment into law of the applicable appropriations Act by

8 both Houses without any provision for such project or activ9 ity, or (c) September 30, 1996, whichever first occurs.

10 SEC. 407. Notwithstanding any other provision of this

11 title of this Act, except section 406, none of the funds appro12 priated under this title of this Act shall be expended for

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

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

15 pregnancy is the result of an act of rape or incest.

16 SEC. 408. Expenditures made pursuant to this title of

17 this Act shall be charged to the applicable appropriation,

18 fund, or authorization whenever a bill in which such appli19 cable appropriation, fund, or authorization is contained is

20 enacted into law.

21 SEC. 409. No provision in the appropriations Act for

22 the fiscal year 1996 referred to in section 401 of this title

23 of this Act that makes the availability of any appropriation

24 provided therein dependent upon the enactment of addi-
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1 tional authorizing or other legislation shall be effective be2 fore the date set forth in section 406(c) of this Act.

3 SEC. 410. Appropriations and funds made available

4 by or authority granted pursuant to this title of this Act

5 may be used without regard to the time limitations for sub6 mission and approval of apportionments set forth in section

7 1513 of title 31, United States Code, but nothing herein

8 shall be construed to waive any other provision of law gov9 erning the apportionment of funds.

10 SEC. 411. Notwithstanding any other provision of this

11 title of this Act, except section 406, whenever the Act listed

12 in section 401 as passed by both the House and Senate as

13 of the date of enactment of this Act does not include funding

14 for an ongoing project or activity for which there is a budget

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

16 project or activity provided by section 401 for which there

17 is a budget request would result in the project or activity

18 being significantly reduced, the pertinent project or activity

19 may be continued under the authority and conditions pro20 vided in the applicable appropriations Act for the fiscal

21 year 1995 by increasing the rate for operations provided

22 by section 401 to a rate for operations not to exceed one

23 that provides the minimal level that would enable existing

24 activities to continue. No new contracts or grants shall be

25 awarded in excess of an amount that bears the same ratio
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1 to the rate for operations provided by this section as the

2 number of days covered by this Act bears to 366. For the

3 purposes of this title of this Act the minimal level means

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

5 by 25 percent.

6 SEC. 412. Notwithstanding any other provision of this

7 title of this Act, except section 406, whenever the rate for

8 operations for any continuing project or activity provided

9 by section 401 or section 411 for which there is a budget

10 request would result in a furlough of Government employees,

11 that rate for operations may be increased to the minimum

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

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

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

15 by this section as the number of days covered by this Act

16 bears to 366.

17 SEC. 413. Notwithstanding any other provision of this

18 title of this Act, except sections 406, 411, and 412, for those

19 programs that had high initial rates of operation or com20 plete distribution of funding at the beginning of the fiscal

21 year in fiscal year 1995 because of distributions of funding

22 to States, foreign countries, grantees, or others, similar dis23 tributions of funds for fiscal year 1996 shall not be made

24 and no grants shall be awarded for such programs funded
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1 by this title of this Act that would impinge on final funding

2 prerogatives.

3 SEC. 414. This title of this Act shall be implemented

4 so that only the most limited funding action of that per5 mitted in this title of this Act shall be taken in order to

6 provide for continuation of projects and activities.

7 SEC. 415. The provisions of section 132 of the District

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

9 202, shall not apply for this title of this Act.

10 SEC. 416. Notwithstanding any other provision of this

11 title of this Act, except section 406, none of the funds appro12 priated under this title of this Act shall be used to imple13 ment or enforce any system or registration of unmarried,

14 cohabiting couples whether they are homosexual, lesbian,

15 heterosexual, including but not limited to registration for

16 the purpose of extending employment, health, or govern17 mental benefits to such couples on the same basis that such

18 benefits are extended to legally married couples; nor shall

19 any funds made available pursuant to any provision of this

20 title of this Act otherwise be used to implement or enforce

21 D.C. Act 9–188, signed by the Mayor of the District of Co22 lumbia on April 15, 1992.
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1 TITLE V

2 CLARIFICATION OF CERTAIN REIMBURSEMENTS

3 SEC. 501. CLARIFICATION OF REIMBURSEMENT TO

4 STATES FOR FEDERALLY FUNDED EMPLOYEES.—(a) If a

5 State used State funds to continue carrying out a Federal

6 program or furloughed State employees whose compensation

7 is advanced or reimbursed in whole or in part by the Fed8 eral Government—

9 (1) such furloughed employees shall be com10 pensated at their standard rate of compensation for

11 such period;

12 (2) the State shall be reimbursed for expenses

13 that would have been paid by the Federal Government

14 during such period had appropriations been avail15 able, including the cost of compensating such fur16 loughed employees, together with interest thereon due

17 under section 6503(d) of title 31, United States Code;

18 and

19 (3) the State may use funds available to the

20 State under such Federal program to reimburse such

21 State, together with interest thereon due under section

22 6503(d) of title 31, United States Code.

23 (b) For purposes of this subsection, the term ‘‘State’’

24 shall have the meaning as such term is defined under the

25 applicable Federal program under subsection (a).
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1 (c) The authority under this section applies with re2 spect to any period in fiscal year 1996 (not limited to peri3 ods beginning or ending after the date of the enactment of

4 this Act) during which there occurs a lapse in appropria5 tions with respect to any department or agency of the Fed6 eral Government which, but for such lapse in appropria7 tions, would have paid, or made reimbursement relating to,

8 any of the expenses referred to in subsection (a) with respect

9 to the program involved. Payments and reimbursements

10 under this authority shall be made only to the extent and

11 in amounts provided in advance in appropriations Acts.

Amend the title so as to read: ‘‘An Act making appropriations for certain activities for the fiscal year 1996, and

for other purposes.’’.

Attest:

Clerk.