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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

SEC. 2. 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 subject to the 
same leave regulations as if no lapse in appropriations had occurred.

SEC. 3. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION.

    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 eligible for unemployment compensation benefits with no 
waiting period for such eligibility to accrue. With respect to any 
person who is eligible for such benefits by reason of the preceding 
sentence, any such benefits received shall be subject to repayment in 
the same manner and to the same extent when eligibility by reason of 
the preceding sentence ceases as if such cessation were an end to the 
period of unemployment.

                                TITLE II

    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. 201. (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 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, and the John F. 
        Kennedy Center for the Performing Arts; and
            All projects and activities necessary to process passports, 
        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 including 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. 202. Appropriations made by section 201 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 203. No appropriation or funds made available or authority 
granted pursuant to section 201 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. 204. No provision which is included in the appropriations Act 
enumerated in section 201 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. 205. 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. 206. 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. 207. 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. 208. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 201 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 206(c) of this Act.
    Sec. 209. 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.

                               TITLE III

                          DISTRICT OF COLUMBIA

    That 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. 301. (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 311 or 312 under the appropriation, fund, or 
authority granted by the applicable appropriations Act for the fiscal 
year 1995 and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1995.
    Sec. 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 
title of 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 title of 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) 
September 30, 1996, whichever first occurs.
    Sec. 307. Notwithstanding any other provision of this title of this 
Act, except section 306, 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. 308. 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. 309. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 301 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 306(c) of this Act.
    Sec. 310. 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. 311. Notwithstanding any other provision of this title of this 
Act, except section 306, whenever the Act listed in section 301 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 301 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 301 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. 312. Notwithstanding any other provision of this title of this 
Act, except section 306, whenever the rate for operations for any 
continuing project or activity provided by section 301 or section 311 
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. 313. Notwithstanding any other provision of this title of this 
Act, except sections 306, 311, and 312, 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. 314. 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. 315. 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. 316. Notwithstanding any other provision of this title of this 
Act, except section 306, none of the funds appropriated under this 
title of this Act shall be used to implement or enforce any system of 
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 IV

                            VETERANS AFFAIRS

    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. 401. 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. 402. EXPIRATION DATE.

    Section 401 shall cease to be effective on September 30, 1996.

                                TITLE V

                CLARIFICATION OF CERTAIN REIMBURSEMENTS

SEC. 501. CLARIFICATION OF REIMBURSEMENT TO STATES FOR FEDERALLY FUNDED 
              EMPLOYEES.

    (a) If a State used State funds 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.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1508

_______________________________________________________________________

                  SENATE AMENDMENT TO HOUSE AMENDMENT

S 1508 EAS----2
S 1508 EAS----3
S 1508 EAS----4
S 1508 EAS----5
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