PUBLIC LAW 104–31—SEPT. 30, 1995

CONTINUING APPROPRIATIONS FOR THE

FISCAL YEAR 1996
109 STAT. 278 PUBLIC LAW 104–31—SEPT. 30, 1995

Public Law 104–31

104th Congress

An Act

Making 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:

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 Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1996;

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;

The Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations Act, 1996;

The Legislative Branch Appropriations Act, 1996;

The Military Construction Appropriations Act, 1996;

Sept. 30, 1995

[H.J. Res. 108]
PUBLIC LAW 104–31—SEPT. 30, 1995 109 STAT. 279

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.

(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 October 1, 1995, is different

from that which would be available or granted under such Act

as passed by the Senate as of October 1, 1995, the pertinent

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

exceeding the average of the rates permitted by the action of the

House or the Senate under the authority and conditions provided

in the applicable appropriations Act for the fiscal year 1995: Provided, That where an item is included in only one version of the

Act as passed by both Houses as of October 1, 1995, the pertinent

project or activity shall be continued under the appropriation, fund,

or authority granted by the one House at a rate for operations

that is one-half of that permitted by the action of the one House

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 October 1, 1995, 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 applicable appropriations

Acts 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

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.
109 STAT. 280 PUBLIC LAW 104–31—SEPT. 30, 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 of the applicable appropriations Act by both

Houses without any provision for such project or activity, or (c)

November 13, 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 October 1,

1995, 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 October 1, 1995, 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 10 percent.
PUBLIC LAW 104–31—SEPT. 30, 1995 109 STAT. 281

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 a 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. Notwithstanding any other provision of this joint

resolution, except section 106, the rates for operation for any

continuing project or activity provided by section 101 that have

not been increased by the provisions of section 111 or section

112 shall be reduced by 5 percent but shall not be reduced below

the minimal level defined in section 111 or below the level that

would result in a furlough.

SEC. 116. 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

$217,000,000 above the amount otherwise made available by this

joint resolution.

SEC. 117. 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.

SEC. 118. 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. 119. 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.
109 STAT. 282 PUBLIC LAW 104–31—SEPT. 30, 1995

LEGISLATIVE HISTORY—H.J. Res. 108:

CONGRESSIONAL RECORD, Vol. 141 (1995):

Sept. 28, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

SEC. 120. 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. 121. 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. 122. 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. 123. 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.

Approved September 30, 1995.