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[104th Congress Public Law 54]
[From the U.S. Government Printing Office]

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[DOCID: f:publ54.104]

           FURTHER CONTINUING APPROPRIATIONS, FISCAL YEAR 1996

[[Page 109 STAT. 540]]

Public Law 104-54
104th Congress

                            Joint Resolution

 
 Making further continuing appropriations for the fiscal year 1996, and 
     for other purposes. <<NOTE: Nov. 19, 1995 -  [H.J. Res. 123]>> 

    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 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, H.R. 2492;

[[Page 109 STAT. 541]]

            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 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

[[Page 109 STAT. 542]]

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) November 20, 
1995, whichever first occurs. For purposes of this joint resolution, the 
period of time covered by this joint resolution shall be considered to 
have begun on November 14, 1995.
    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 enactment of this 
joint resolution, does not include funding for

[[Page 109 STAT. 543]]

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 25 
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.

[[Page 109 STAT. 544]]

    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.

[[Page 109 STAT. 545]]

                                TITLE II

SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING. <<NOTE: 1 USC 
            106 note.>> 

    (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. <<NOTE: 1 USC 106 note.>> 

    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.

    Approved November 19, 1995.

LEGISLATIVE HISTORY--H.J. Res. 123:
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CONGRESSIONAL RECORD, Vol. 141 (1995):
            Nov. 18, considered and passed House.
            Nov. 19, considered and passed Senate, amended. House 
                concurred in Senate amendment.

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