PUBLIC LAW 104–92—JAN. 6, 1996

SPECIFIED ACTIVITIES APPROPRIATIONS,

FISCAL YEAR 1996

110 STAT. 16 PUBLIC LAW 104–92—JAN. 6, 1996

Public Law 104–92

104th Congress

An Act

Making appropriations for certain activities for the fiscal year 1996, and for other

purposes.

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;

Jan. 6, 1996

[H.R. 1643]

PUBLIC LAW 104–92—JAN. 6, 1996 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.

110 STAT. 18 PUBLIC LAW 104–92—JAN. 6, 1996

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. 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. 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

8 USC 1351 note.

Termination

date.

PUBLIC LAW 104–92—JAN. 6, 1996 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. Section 201 shall cease to be effective on September

30, 1996.

SEC. 203. 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

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.

Government

employees.

Coverage.

Termination

date.

110 STAT. 20 PUBLIC LAW 104–92—JAN. 6, 1996

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. 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) 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

District of

Columbia.

Termination

date.

PUBLIC LAW 104–92—JAN. 6, 1996 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

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

District of

Columbia.

110 STAT. 22 PUBLIC LAW 104–92—JAN. 6, 1996

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. 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. 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

Abortion.

Termination

date.

PUBLIC LAW 104–92—JAN. 6, 1996 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. 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

Domestic

partners.

110 STAT. 24 PUBLIC LAW 104–92—JAN. 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.

Æ

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) 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.

Applicability.