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[104th Congress Public Law 92]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ92.104]

          SPECIFIED ACTIVITIES APPROPRIATIONS, FISCAL YEAR 1996

[[Page 110 STAT. 16]]

Public Law 104-92
104th Congress

                                 An Act

 
 Making appropriations for certain activities for the fiscal year 1996, 
     and for other purposes. <<NOTE: Jan. 6, 1996 -  [H.R. 1643]>> 

    Be it enacted 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 the following projects or activities 
including the costs of direct loans and loan guarantees (not otherwise 
specifically provided for in this Act) which were conducted in the 
fiscal year 1995:
            All nutrition services for the elderly under the account 
        heading ``Aging services programs'' under the Administration on 
        Aging in the Department of Health and Human Services;
            All grants to States for child welfare services, authorized 
        by title IV, part B, subpart 1, of the Social Security Act, 
        under the account heading ``Children and families services 
        programs'' under the Administration for Children and Families in 
        the Department of Health and Human Services;
            All Federal Parent Locator Service activities, as authorized 
        by section 453 of the Social Security Act, under the account 
        heading ``Children and families services programs'' under the 
        Administration for Children and Families in the Department of 
        Health and Human Services;
            All State unemployment insurance administration activities 
        under the account heading ``State unemployment insurance and 
        employment service operations'' under the Employment and 
        Training Administration in the Department of Labor;
            All general welfare assistance payments and foster care 
        payments, as authorized by law, funded under the account heading 
        ``Operation of Indian programs'' under the Bureau of Indian 
        Affairs in the Department of the Interior;
            All projects and activities funded under the account heading 
        ``Family support payments to States'' under the Administration 
        For Children and Families in the Department of Health and Human 
        Services;
            All projects and activities funded under the account heading 
        ``Payments to States for foster care and adoption assistance'' 
        under the Administration For Children and Families in the 
        Department of Health and Human Services;

[[Page 110 STAT. 17]]

            All administrative activities necessary to carry out the 
        projects and activities in the preceding two paragraphs;
            All projects and activities funded under the account 
        headings ``Dual benefits payments account'', ``Limitation on 
        administration'' and ``Limitation on railroad unemployment 
        insurance administration fund'' under the Railroad Retirement 
        Board;
            All projects and activities necessary to accommodate 
        visitors and to provide for visitor services in the National 
        Park System, the National Wildlife Refuges, the National 
        Forests, the facilities operated by the Smithsonian Institution, 
        the National Gallery of Art, the John F. Kennedy Center for the 
        Performing Arts, and the United States Holocaust Memorial; and
            All projects and activities necessary to process visas and 
        passports and to provide for American citizen services, 
        notwithstanding section 15 of the State Department Basic 
        Authorities Act of 1956: Provided, That whenever the amount 
        which would be made available or the authority which would be 
        granted under an Act which included funding for fiscal year 1996 
        for the projects and activities listed in this section 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 the Act which included funding 
for fiscal year 1996 for the projects and activities listed in this 
section as passed by the House as of the date of enactment of this Act, 
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 Act, 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.
    (c) Whenever an Act which included funding for fiscal year 1996 for 
the projects and activities listed in this section has been passed by 
only the House or only the Senate as of the date of enactment of this 
Act, 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.
    Sec. 102. 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. 103. 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. 104. No provision which is included in the 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 
Act.

[[Page 110 STAT. 18]]

    Sec. 105. Appropriations made and authority granted pursuant to this 
title of this Act 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 Act.

    Sec. 106. <<NOTE: Termination date.>> Unless otherwise provided for 
in this title of this Act or in the applicable appropriations Act, 
appropriations and funds made available and authority granted pursuant 
to this title of this Act shall be available until (a) enactment into 
law of an appropriation for any project or activity provided for in this 
title of this Act, or (b) the enactment into law of the applicable 
appropriations Act by both Houses without any provision for such project 
or activity, or (c) September 30, 1996, except for the projects and 
activities under the headings ``Family support payments to States'' and 
``Payments to States for foster care and adoption assistance'', for 
which date shall be March 15, 1996, whichever first occurs.

    Sec. 107. Expenditures made pursuant to this title of this Act 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. 108. No provision in the appropriations Act for the fiscal year 
1996 referred to in section 101 of this Act 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 Act.
    Sec. 109. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act 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. 110. For the purposes of this title of this Act, the time 
covered by this title of this Act shall be considered to have begun on 
December 16, 1995.
    Sec. 111. Notwithstanding any other provision of this Act, except 
section 106, funds appropriated under section 101 for the payment of 
vested dual benefits under the Railroad Retirement Act shall be made 
available so as to fully fund the payments made on January 1, 1996, and 
the payments to be made within the period covered by this Act including 
those payments to be made on the first day of each month within the 
period covered by this Act. In addition to the funds appropriated under 
section 101 of this Act, $12,800,000 is appropriated to restore full 
funding for payments made for the period prior to January 1, 1996.
    Sec. 112. <<NOTE: 8 USC 1351 note.>> Notwithstanding any other 
provision of this Act, 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 Act, notwithstanding 
paragraph (3) of said subsection.

                                TITLE II

                            VETERANS AFFAIRS

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable

[[Page 110 STAT. 19]]

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. 201. Ensured Payment During Fiscal Year 1996 of Veterans' 
Benefits in Event of Lack of Appropriations.--(a) Payments Required.--In 
any case during fiscal year 1996 in which appropriations are not 
otherwise available for programs, projects, and activities of the 
Department of Veterans Affairs, the Secretary of Veterans Affairs shall 
nevertheless ensure that--
            (1) payments of existing veterans benefits are made in 
        accordance with regular procedures and schedules and in 
        accordance with eligibility requirements for such benefits; and
            (2) payments to contractors of the Veterans Health 
        Administration of the Department of Veterans Affairs are made 
        when due in the case of services provided that directly relate 
        to patient health and safety.

    (b) Funding.--There is hereby appropriated such sums as may be 
necessary for the payments pursuant to subsection (a), including such 
amounts as may be necessary for the costs of administration of such 
payments.
    (c) Charging of Accounts When Appropriations Made.--In any case in 
which the Secretary uses the authority of subsection (a) to make 
payments, applicable accounts shall be charged for amounts so paid, and 
for the costs of administration of such payments, when regular 
appropriations become available for those purposes.
    (d) Existing Benefits Specified.--For purposes of this section, 
existing veterans benefits are benefits under laws administered by the 
Secretary of Veterans Affairs that have been adjudicated and authorized 
for payment as of--
            (1) December 15, 1995; or
            (2) if appropriations for such benefits are available (other 
        than pursuant to subsection (b)) after December 15, 1995, the 
        last day on which appropriations for payment of such benefits 
        are available (other than pursuant to subsection (b)).

    Sec. 202. <<NOTE: Termination date.>> Section 201 shall cease to be 
effective on September 30, 1996.

    Sec. 203. <<NOTE: Coverage.>> For the purposes of this title of this 
Act, the time covered by this title of this Act shall be considered to 
have begun on January 4, 1996.

TITLE III <<NOTE: Government employees.>> 

    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. 301. Such amounts as may be necessary under the authority and 
conditions provided in applicable appropriations Acts for the fiscal 
year 1995 for paying salaries of Federal employees excepted from the 
provisions of the Antideficiency Act (31 U.S.C. 1341 et seq.) who are 
continuing projects and activities conducted in fiscal year 1995 who 
work during periods when there is otherwise no funding authority for 
their salaries.

[[Page 110 STAT. 20]]

    Sec. 302. Appropriations made by section 301 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 303. No appropriation or funds made available or authority 
granted pursuant to section 301 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. 304. No provision which is included in the appropriations Act 
enumerated in section 301 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 
Act.
    Sec. 305. Appropriations made and authority granted pursuant to this 
title of this Act 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 Act.
    Sec. 306. <<NOTE: Termination date.>> Unless otherwise provided for 
in this title of this Act or in the applicable appropriations Act, 
appropriations and funds made available and authority granted pursuant 
to this title of this Act shall be available until (a) enactment into 
law of an appropriation for any project or activity provided for in this 
title of this Act, or (b) the enactment into law of the applicable 
appropriations Act by both Houses without any provision for such project 
or activity, or (c) January 26, 1996, whichever first occurs.

    Sec. 307. Expenditures made pursuant to this title of this Act 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. 308. No provision in the appropriations Act for the fiscal year 
1996 referred to in section 301 of this Act 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 306(c) of this Act.
    Sec. 309. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act 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. 310. All Federal Employees Deemed To Be Excepted Employees.--
(a) In General.--Section 1342 of title 31, United States Code, is 
amended for the period December 15, 1995 through January 26, 1996--
            (1) <<NOTE: District of Columbia.>> by inserting after the 
        first sentence ``All officers and employees of the United States 
        Government or the District of Columbia government shall be 
        deemed to be performing services relating to emergencies 
        involving the safety of human life or the protection of 
        property.''; and
            (2) by striking out the last sentence.

    Sec. 311. Excepted Employees Under Normal Leave Policy.--Federal 
employees considered excepted from furlough during any period in which 
there is a lapse in appropriations with respect to the agency activity 
in which the employee is engaged shall not be considered to be 
furloughed when on leave and shall be

[[Page 110 STAT. 21]]

subject to the same leave regulations as if no lapse in appropriations 
had occurred.
    Sec. 312. Eligibility for Unemployment Compensation.--
Notwithstanding any other provisions of law, beginning on January 2, 
1996, any Federal employee who is excepted from furlough and is not 
being paid due to a lapse in appropriations shall be deemed to be 
totally separated from Federal service and eligible for unemployment 
compensation benefits under subchapter I of chapter 85 of title 5 of the 
United States Code with no waiting period for such eligibility to 
accrue.
    Sec. 313. For the purposes of this title, Federal employees 
returning to work under the provisions of section 310 shall be deemed to 
have returned to work at the first regularly scheduled opportunity after 
December 15, 1995.
    Sec. 314. Appropriations made pursuant to section 301 are made 
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), section 53 of the 
Arms Control and Disarmament Act, and section 10 of Public Law 91-672.

TITLE IV <<NOTE: District of Columbia.>> 

    The following sums are hereby appropriated, out of the general fund 
and enterprise funds of the District of Columbia for the District of 
Columbia for the fiscal year 1996, and for other purposes, namely:
    Sec. 401. (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 title of this Act) which were conducted in the 
fiscal year 1995 and for which appropriations, funds, or other authority 
would be available in the following appropriations Act:
            The District of Columbia Appropriations Act, 1996:

Provided, That whenever the amount which would be made available or the 
authority which would be granted in this Act 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 the Act listed in this section as 
passed by the House as of the date of enactment of this Act, 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 Act, 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 
Act, the pertinent project or activity shall not be continued except as 
provided for in section 411 or 412 under the appropriation, fund, or 
authority granted by the applicable appropriations Act for the

[[Page 110 STAT. 22]]

fiscal year 1995 and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1995.
    Sec. 402. Appropriations made by section 401 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 403. No appropriation or funds made available or authority 
granted pursuant to section 401 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. 404. No provision which is included in the appropriations Act 
enumerated in section 401 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 
title of this Act.
    Sec. 405. Appropriations made and authority granted pursuant to this 
title of this Act 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 title 
of this Act.
    Sec. 406. <<NOTE: Termination date.>> Unless otherwise provided for 
in this title of this Act or in the applicable appropriations Act, 
appropriations and funds made available and authority granted pursuant 
to this title of this Act shall be available until (a) enactment into 
law of an appropriation for any project or activity provided for in this 
title of this Act, or (b) the enactment into law of the applicable 
appropriations Act by both Houses without any provision for such project 
or activity, or (c) September 30, 1996, whichever first occurs.

    Sec. 407. <<NOTE: Abortion.>> Notwithstanding any other provision of 
this title of this Act, except section 406, none of the funds 
appropriated under this title of this Act shall be expended for any 
abortion except where the life of the mother would be endangered if the 
fetus were carried to term or where the pregnancy is the result of an 
act of rape or incest.

    Sec. 408. Expenditures made pursuant to this title of this Act 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. 409. No provision in the appropriations Act for the fiscal year 
1996 referred to in section 401 of this title of this Act 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 406(c) of this Act.
    Sec. 410. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act 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. 411. Notwithstanding any other provision of this title of this 
Act, except section 406, whenever the Act listed in section 401 as 
passed by both the House and Senate as of the date of enactment of this 
Act does not include funding for an ongoing project or activity for 
which there is a budget request, or whenever the rate for operations for 
an ongoing project or activity provided by section 401 for which there 
is a budget request would result

[[Page 110 STAT. 23]]

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 401 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 Act bears to 366. For the purposes of this title of this 
Act the minimal level means a rate for operations that is reduced from 
the current rate by 25 percent.
    Sec. 412. Notwithstanding any other provision of this title of this 
Act, except section 406, whenever the rate for operations for any 
continuing project or activity provided by section 401 or section 411 
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 Act bears to 366.
    Sec. 413. Notwithstanding any other provision of this title of this 
Act, except sections 406, 411, and 412, 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 
title of this Act that would impinge on final funding prerogatives.
    Sec. 414. This title of this Act shall be implemented so that only 
the most limited funding action of that permitted in this title of this 
Act shall be taken in order to provide for continuation of projects and 
activities.
    Sec. 415. The provisions of section 132 of the District of Columbia 
Appropriations Act, 1988, Public Law 100-202, shall not apply for this 
title of this Act.
    Sec. 416. <<NOTE: Domestic partners.>> Notwithstanding any other 
provision of this title of this Act, except section 406, none of the 
funds appropriated under this title of this Act shall be used to 
implement or enforce any system or registration of unmarried, cohabiting 
couples whether they are homosexual, lesbian, heterosexual, including 
but not limited to registration for the purpose of extending employment, 
health, or governmental benefits to such couples on the same basis that 
such benefits are extended to legally married couples; nor shall any 
funds made available pursuant to any provision of this title of this Act 
otherwise be used to implement or enforce D.C. Act 9-188, signed by the 
Mayor of the District of Columbia on April 15, 1992.

                                 TITLE V

                 CLARIFICATION OF CERTAIN REIMBURSEMENTS

    Sec. 501. Clarification of Reimbursement to States for Federally 
Funded Employees.--(a) If a State used State funds

[[Page 110 STAT. 24]]

to continue carrying out a Federal program or furloughed State employees 
whose compensation is advanced or reimbursed in whole or in part by the 
Federal Government--
            (1) such furloughed employees shall be compensated at their 
        standard rate of compensation for such period;
            (2) the State shall be reimbursed for expenses that would 
        have been paid by the Federal Government during such period had 
        appropriations been available, including the cost of 
        compensating such furloughed employees, together with interest 
        thereon due under section 6503(d) of title 31, United States 
        Code; and
            (3) the State may use funds available to the State under 
        such Federal program to reimburse such State, together with 
        interest thereon due under section 6503(d) of title 31, United 
        States Code.

    (b) For purposes of this subsection, the term ``State'' shall have 
the meaning as such term is defined under the applicable Federal program 
under subsection (a).
    (c) <<NOTE: Applicability.>> The authority under this section 
applies with respect to any period in fiscal year 1996 (not limited to 
periods beginning or ending after the date of the enactment of this Act) 
during which there occurs a lapse in appropriations with respect to any 
department or agency of the Federal Government which, but for such lapse 
in appropriations, would have paid, or made reimbursement relating to, 
any of the expenses referred to in subsection (a) with respect to the 
program involved. Payments and reimbursements under this authority shall 
be made only to the extent and in amounts provided in advance in 
appropriations Acts.

    Approved January 6, 1996.

LEGISLATIVE HISTORY--H.R. 1643:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-162 (Comm. on Ways and Means).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    July 10, 11, considered and passed 
                                        House.
                                    Jan. 2, considered and passed 
                                        Senate, amended.
                                                        Vol. 142 (1996):
                                    Jan. 5, House concurred in Senate 
                                        amendment with an amendment. 
                                        Senate concurred in House 
                                        amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Jan. 6, Presidential statement.

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