In the Senate of the United States,

January 2, 1996.

Resolved, That the Senate agree to the amendment of

the House of Representatives to the bill (S. 1508) entitled

‘‘An Act to assure that all Federal employees work and are

paid.’’ with the following

SENATE AMENDMENT TO HOUSE AMENDMENT:

In lieu of the matter proposed to be inserted by the

House amendment to the text of the bill, insert:

1 SEC. 2. EXCEPTED EMPLOYEES UNDER NORMAL LEAVE

2 POLICY.

3 Federal employees considered excepted from furlough

4 during any period in which there is a lapse in appropria5 tions with respect to the agency activity in which the em6 ployee is engaged shall not be considered to be furloughed

7 when on leave and shall be subject to the same leave regula8 tions as if no lapse in appropriations had occurred.
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1 SEC. 3. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION.

2 Beginning on January 2, 1996, any Federal employee

3 who is excepted from furlough and is not being paid due

4 to a lapse in appropriations shall be eligible for unemploy5 ment compensation benefits with no waiting period for such

6 eligibility to accrue. With respect to any person who is eligi7 ble for such benefits by reason of the preceding sentence,

8 any such benefits received shall be subject to repayment in

9 the same manner and to the same extent when eligibility

10 by reason of the preceding sentence ceases as if such ces11 sation were an end to the period of unemployment.

12 TITLE II

13 That the following sums are hereby appropriated, out

14 of any money in the Treasury not otherwise appropriated,

15 and out of applicable corporate or other revenues, receipts,

16 and funds, for the several departments, agencies, corpora17 tions, and other organizational units of Government for the

18 fiscal year 1996, and for other purposes, namely:

19 SEC. 201. (a) Such amounts as may be necessary

20 under the authority and conditions provided in the applica21 ble appropriations Act for the fiscal year 1995 for continu22 ing the following projects or activities including the costs

23 of direct loans and loan guarantees (not otherwise specifi24 cally provided for in this Act) which were conducted in the

25 fiscal year 1995:
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1 All nutrition services for the elderly under the

2 account heading ‘‘Aging services programs’’ under the

3 Administration on Aging in the Department of

4 Health and Human Services;

5 All grants to States for child welfare services, au6 thorized by title IV, part B, subpart 1, of the Social

7 Security Act, under the account heading ‘‘Children

8 and families services programs’’ under the Adminis9 tration for Children and Families in the Department

10 of Health and Human Services;

11 All Federal Parent Locator Service activities, as

12 authorized by section 453 of the Social Security Act,

13 under the account heading ‘‘Children and families

14 services programs’’ under the Administration for

15 Children and Families in the Department of Health

16 and Human Services;

17 All State unemployment insurance administra18 tion activities under the account heading ‘‘State un19 employment insurance and employment service oper20 ations’’ under the Employment and Training Admin21 istration in the Department of Labor;

22 All general welfare assistance payments and fos23 ter care payments, as authorized by law, funded

24 under the account heading ‘‘Operation of Indian pro-
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1 grams’’ under the Bureau of Indian Affairs in the

2 Department of the Interior;

3 All projects and activities necessary to accommo4 date visitors and to provide for visitor services in the

5 National Park System, the National Wildlife Refuges,

6 the National Forests, the facilities operated by the

7 Smithsonian Institution, the National Gallery of Art,

8 and the John F. Kennedy Center for the Performing

9 Arts; and

10 All projects and activities necessary to process

11 passports, notwithstanding section 15 of the State De12 partment Basic Authorities Act of 1956:

13 Provided, That whenever the amount which would be made

14 available or the authority which would be granted under

15 an Act which including funding for fiscal year 1996 for

16 the projects and activities listed in this section is greater

17 than that which would be available or granted under cur18 rent operations, the pertinent project or activity shall be

19 continued at a rate for operations not exceeding the current

20 rate.

21 (b) Whenever the amount which would be made avail22 able or the authority which would be granted under the Act

23 which included funding for fiscal year 1996 for the projects

24 and activities listed in this section as passed by the House

25 as of the date of enactment of this Act, is different from
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1 that which would be available or granted under such Act

2 as passed by the Senate as of the date of enactment of this

3 Act, the pertinent project or activity shall be continued at

4 a rate for operations not exceeding the current rate or the

5 rate permitted by the action of the House or the Senate,

6 whichever is lower, under the authority and conditions pro7 vided in the applicable appropriations Act for the fiscal

8 year 1995.

9 (c) Whenever an Act which included funding for fiscal

10 year 1996 for the projects and activities listed in this sec11 tion has been passed by only the House or only the Senate

12 as of the date of enactment of this Act, the pertinent project

13 or activity shall be continued under the appropriation,

14 fund, or authority granted by the one House at a rate for

15 operations not exceeding the current rate or the rate per16 mitted by the action of the one House, whichever is lower,

17 and under the authority and conditions provided in the ap18 plicable appropriations Act for the fiscal year 1995.

19 SEC. 202. Appropriations made by section 201 shall

20 be available to the extent and in the manner which would

21 be provided by the pertinent appropriations Act.

22 SEC. 203. No appropriation or funds made available

23 or authority granted pursuant to section 201 shall be used

24 to initiate or resume any project or activity for which ap-
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1 propriations, funds, or other authority were not available

2 during the fiscal year 1995.

3 SEC. 204. No provision which is included in the appro4 priations Act enumerated in section 201 but which was not

5 included in the applicable appropriations Act for fiscal

6 year 1995 and which by its terms is applicable to more

7 than one appropriation, fund, or authority shall be applica8 ble to any appropriation, fund, or authority provided in

9 this Act.

10 SEC. 205. Appropriations made and authority granted

11 pursuant to this title of this Act shall cover all obligations

12 or expenditures incurred for any program, project, or activ13 ity during the period for which funds or authority for such

14 project or activity are available under this Act.

15 SEC. 206. Unless otherwise provided for in this title

16 of this Act or in the applicable appropriations Act, appro17 priations and funds made available and authority granted

18 pursuant to this title of this Act shall be available until

19 (a) enactment into law of an appropriation for any project

20 or activity provided for in this title of this Act, or (b) the

21 enactment into law of the applicable appropriations Act by

22 both Houses without any provision for such project or activ23 ity, or (c) September 30, 1996, whichever first occurs.

24 SEC. 207. Expenditures made pursuant to this title of

25 this Act shall be charged to the applicable appropriation,
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1 fund, or authorization whenever a bill in which such appli2 cable appropriation, fund, or authorization is contained is

3 enacted into law.

4 SEC. 208. No provision in the appropriations Act for

5 the fiscal year 1996 referred to in section 201 of this Act

6 that makes the availability of any appropriation provided

7 therein dependent upon the enactment of additional author8 izing or other legislation shall be effective before the date

9 set forth in section 206(c) of this Act.

10 SEC. 209. Appropriations and funds made available

11 by or authority granted pursuant to this title of this Act

12 may be used without regard to the time limitations for sub13 mission and approval of apportionments set forth in section

14 1513 of title 31, United States Code, but nothing herein

15 shall be construed to waive any other provision of law gov16 erning the apportionment of funds.

17 TITLE III

18 DISTRICT OF COLUMBIA

19 That the following sums are hereby appropriated, out

20 of the general fund and enterprise funds of the District of

21 Columbia for the District of Columbia for the fiscal year

22 1996, and for other purposes, namely:

23 SEC. 301. (a) Such amounts as may be necessary

24 under the authority and conditions provided in the applica25 ble appropriations Act for the fiscal year 1995 for continu-
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1 ing projects or activities including the costs of direct loans

2 and loan guarantees (not otherwise specifically provided for

3 in this title of this Act) which were conducted in the fiscal

4 year 1995 and for which appropriations, funds, or other

5 authority would be available in the following appropria6 tions Act:

7 The District of Columbia Appropriations Act,

8 1996:

9 Provided, That whenever the amount which would be made

10 available or the authority which would be granted in this

11 Act is greater than that which would be available or granted

12 under current operations, the pertinent project or activity

13 shall be continued at a rate for operations not exceeding

14 the current rate.

15 (b) Whenever the amount which would be made avail16 able or the authority which would be granted under the Act

17 listed in this section as passed by the House as of the date

18 of enactment of this Act, is different from that which would

19 be available or granted under such Act as passed by the

20 Senate as of the date of enactment of this Act, the pertinent

21 project or activity shall be continued at a rate for oper22 ations not exceeding the current rate or the rate permitted

23 by the action of the House or the Senate, whichever is lower,

24 under the authority and conditions provided in the applica25 ble appropriations Act for the fiscal year 1995: Provided,
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1 That where an item is not included in either version or

2 where an item is included in only one version of the Act

3 as passed by both Houses as of the date of enactment of

4 this Act, the pertinent project or activity shall not be con5 tinued except as provided for in section 311 or 312 under

6 the appropriation, fund, or authority granted by the appli7 cable appropriations Act for the fiscal year 1995 and under

8 the authority and conditions provided in the applicable ap9 propriations Act for the fiscal year 1995.

10 SEC. 302. Appropriations made by section 301 shall

11 be available to the extent and in the manner which would

12 be provided by the pertinent appropriations Act.

13 SEC. 303. No appropriation or funds made available

14 or authority granted pursuant to section 301 shall be used

15 to initiate or resume any project or activity for which ap16 propriations, funds, or other authority were not available

17 during the fiscal year 1995.

18 SEC. 304. No provision which is included in the appro19 priations Act enumerated in section 301 but which was not

20 included in the applicable appropriations Act for fiscal

21 year 1995 and which by its terms is applicable to more

22 than one appropriation, fund, or authority shall be applica23 ble to any appropriation, fund, or authority provided in

24 this title of this Act.
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1 SEC. 305. Appropriations made and authority granted

2 pursuant to this title of this Act shall cover all obligations

3 or expenditures incurred for any program, project, or activ4 ity during the period for which funds or authority for such

5 project or activity are available under this title of this Act.

6 SEC. 306. Unless otherwise provided for in this title

7 of this Act or in the applicable appropriations Act, appro8 priations and funds made available and authority granted

9 pursuant to this title of this Act shall be available until

10 (a) enactment into law of an appropriation for any project

11 or activity provided for in this title of this Act, or (b) the

12 enactment into law of the applicable appropriations Act by

13 both Houses without any provision for such project or activ14 ity, or (c) September 30, 1996, whichever first occurs.

15 SEC. 307. Notwithstanding any other provision of this

16 title of this Act, except section 306, none of the funds appro17 priated under this title of this Act shall be expended for

18 any abortion except where the life of the mother would be

19 endangered if the fetus were carried to term or where the

20 pregnancy is the result of an act of rape or incest.

21 SEC. 308. Expenditures made pursuant to this title of

22 this Act shall be charged to the applicable appropriation,

23 fund, or authorization whenever a bill in which such appli24 cable appropriation, fund, or authorization is contained is

25 enacted into law.
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1 SEC. 309. No provision in the appropriations Act for

2 the fiscal year 1996 referred to in section 301 of this title

3 of this Act that makes the availability of any appropriation

4 provided therein dependent upon the enactment of addi5 tional authorizing or other legislation shall be effective be6 fore the date set forth in section 306(c) of this Act.

7 SEC. 310. Appropriations and funds made available

8 by or authority granted pursuant to this title of this Act

9 may be used without regard to the time limitations for sub10 mission and approval of apportionments set forth in section

11 1513 of title 31, United States Code, but nothing herein

12 shall be construed to waive any other provision of law gov13 erning the apportionment of funds.

14 SEC. 311. Notwithstanding any other provision of this

15 title of this Act, except section 306, whenever the Act listed

16 in section 301 as passed by both the House and Senate as

17 of the date of enactment of this Act, does not include fund18 ing for an ongoing project or activity for which there is

19 a budget request, or whenever the rate for operations for

20 an ongoing project or activity provided by section 301 for

21 which there is a budget request would result in the project

22 or activity being significantly reduced, the pertinent project

23 or activity may be continued under the authority and con24 ditions provided in the applicable appropriations Act for

25 the fiscal year 1995 by increasing the rate for operations
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1 provided by section 301 to a rate for operations not to ex2 ceed one that provides the minimal level that would enable

3 existing activities to continue. No new contracts or grants

4 shall be awarded in excess of an amount that bears the same

5 ratio to the rate for operations provided by this section as

6 the number of days covered by this Act bears to 366. For

7 the purposes of this title of this Act, the minimal level

8 means a rate for operations that is reduced from the current

9 rate by 25 percent.

10 SEC. 312. Notwithstanding any other provision of this

11 title of this Act, except section 306, whenever the rate for

12 operations for any continuing project or activity provided

13 by section 301 or section 311 for which there is a budget

14 request would result in a furlough of Government employees,

15 that rate for operations may be increased to the minimum

16 level that would enable the furlough to be avoided. No new

17 contracts or grants shall be awarded in excess of an amount

18 that bears the same ratio to the rate for operations provided

19 by this section as the number of days covered by this Act

20 bears to 366.

21 SEC. 313. Notwithstanding any other provision of this

22 title of this Act, except sections 306, 311, and 312, for those

23 programs that had high initial rates of operation or com24 plete distribution of funding at the beginning of the fiscal

25 year in fiscal year 1995 because of distributions of funding
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1 to States, foreign countries, grantees, or others, similar dis2 tributions of funds for fiscal year 1996 shall not be made

3 and no grants shall be awarded for such programs funded

4 by this title of this Act that would impinge on final funding

5 prerogatives.

6 SEC. 314. This title of this Act shall be implemented

7 so that only the most limited funding action of that per8 mitted in this title of this Act shall be taken in order to

9 provide for continuation of projects and activities.

10 SEC. 315. The provisions of section 132 of the District

11 of Columbia Appropriations Act, 1988, Public Law 100–

12 202, shall not apply for this title of this Act.

13 SEC. 316. Notwithstanding any other provision of this

14 title of this Act, except section 306, none of the funds appro15 priated under this title of this Act shall be used to imple16 ment or enforce any system of registration of unmarried,

17 cohabiting couples whether they are homosexual, lesbian,

18 heterosexual, including but not limited to registration for

19 the purpose of extending employment, health, or govern20 mental benefits to such couples on the same basis that such

21 benefits are extended to legally married couples; nor shall

22 any funds made available pursuant to any provision of this

23 title of this Act otherwise be used to implement or enforce

24 D.C. Act 9–188, signed by the Mayor of the District of Co25 lumbia on April 15, 1992.
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1 TITLE IV

2 VETERANS AFFAIRS

3 That the following sums are hereby appropriated, out

4 of any money in the Treasury not otherwise appropriated,

5 and out of applicable corporate or other revenues, receipts,

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for the

8 fiscal year 1996, and for other purposes, namely:

9 SEC. 401. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF

10 VETERANS’ BENEFITS IN EVENT OF LACK OF

11 APPROPRIATIONS.

12 (a) PAYMENTS REQUIRED.—In any case during fiscal

13 year 1996 in which appropriations are not otherwise avail14 able for programs, projects, and activities of the Depart15 ment of Veterans Affairs, the Secretary of Veterans Affairs

16 shall nevertheless ensure that—

17 (1) payments of existing veterans benefits are

18 made in accordance with regular procedures and

19 schedules and in accordance with eligibility require20 ments for such benefits; and

21 (2) payments to contractors of the Veterans

22 Health Administration of the Department of Veterans

23 Affairs are made when due in the case of services pro24 vided that directly relate to patient health and safety.
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1 (b) FUNDING.—There is hereby appropriated such

2 sums as may be necessary for the payments pursuant to

3 subsection (a), including such amounts as may be necessary

4 for the costs of administration of such payments.

5 (c) CHARGING OF ACCOUNTS WHEN APPROPRIATIONS

6 MADE.—In any case in which the Secretary uses the au7 thority of subsection (a) to make payments, applicable ac8 counts shall be charged for amounts so paid, and for the

9 costs of administration of such payments, when regular ap10 propriations become available for those purposes.

11 (d) EXISTING BENEFITS SPECIFIED.—For purposes of

12 this section, existing veterans benefits are benefits under

13 laws administered by the Secretary of Veterans Affairs that

14 have been adjudicated and authorized for payment as of—

15 (1) December 15, 1995; or

16 (2) if appropriations for such benefits are avail17 able (other than pursuant to subsection (b)) after De18 cember 15, 1995, the last day on which appropria19 tions for payment of such benefits are available (other

20 than pursuant to subsection (b)).

21 SEC. 402. EXPIRATION DATE.

22 Section 401 shall cease to be effective on September 30,

23 1996.
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1 TITLE V

2 CLARIFICATION OF CERTAIN REIMBURSEMENTS

3 SEC. 501. CLARIFICATION OF REIMBURSEMENT TO STATES

4 FOR FEDERALLY FUNDED EMPLOYEES.

5 (a) If a State used State funds to continue carrying

6 out a Federal program or furloughed State employees whose

7 compensation is advanced or reimbursed in whole or in

8 part by the Federal Government—

9 (1) such furloughed employees shall be com10 pensated at their standard rate of compensation for

11 such period;

12 (2) the State shall be reimbursed for expenses

13 that would have been paid by the Federal Government

14 during such period had appropriations been avail15 able, including the cost of compensating such fur16 loughed employees, together with interest thereon due

17 under section 6503(d) of title 31, United States Code;

18 and

19 (3) the State may use funds available to the

20 State under such Federal program to reimburse such

21 State, together with interest thereon due under section

22 6503(d) of title 31, United States Code.

23 (b) For purposes of this subsection, the term ‘‘State’’

24 shall have the meaning as such term is defined under the

25 applicable Federal program under subsection (a).
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1 (c) The authority under this section applies with re2 spect to any period in fiscal year 1996 (not limited to peri3 ods beginning or ending after the date of the enactment of

4 this Act) during which there occurs a lapse in appropria5 tions with respect to any department or agency of the Fed6 eral Government which, but for such lapse in appropria7 tions, would have paid, or made reimbursement relating to,

8 any of the expenses referred to in subsection (a) with respect

9 to the program involved. Payments and reimbursements

10 under this authority shall be made only to the extent and

11 in amounts provided in advance in appropriations Acts.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION S. 1508

SENATE AMENDMENT TO

HOUSE AMENDMENT
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S 1508 EAS——4S 1508 EAS——3S 1508 EAS——2