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[104th Congress Public Law 31]
[From the U.S. Government Printing Office]

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[DOCID: f:publ31.104]

           CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1996

[[Page 109 STAT. 278]]

Public Law 104-31
104th Congress

                                 An Act

 
Making continuing appropriations for the fiscal year 1996, and for other 
         purposes. <<NOTE: Sept. 30, 1995 -  [H.J. Res. 108]>> 

  

    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;

[[Page 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.

[[Page 109 STAT. 280]]

    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.

[[Page 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.

[[Page 109 STAT. 282]]

    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.

LEGISLATIVE HISTORY--H.J. Res. 108:
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CONGRESSIONAL RECORD, Vol. 141 (1995):
            Sept. 28, considered and passed House.
            Sept. 29, considered and passed Senate.

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