II

104TH CONGRESS

2D SESSION S. J. RES. 46

Making further continuing appropriations for the fiscal year 1996 for the

operations of the Passport Office of the Department of State.

IN THE SENATE OF THE UNITED STATES

JANUARY 4 (legislative day, JANUARY 3), 1996

Mr. MOYNIHAN introduced the following joint resolution; which was read twice

and referred to the Committee on Appropriations

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

1996 for the operations of the Passport Office of the

Department of State.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the following sums are hereby appropriated, out of

4 any money in the Treasury not otherwise appropriated,

5 for the Passport Office of the Bureau of Consular Affairs,

6 Department of State, for the fiscal year 1996:

7 SECTION 1. (a) Such amounts as may be necessary

8 under the authority and conditions provided in the De9 partments of Commerce, Justice, and State, the Judiciary,

10 and Related Agencies Appropriations Act, 1996, as passed
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1 by the Congress, notwithstanding section 15 of the State

2 Department Basic Authorities Act of 1956, for continuing

3 activities of the Passport Office which were conducted in

4 the fiscal year 1995 and for which appropriations, funds,

5 or other authority would be available in that appropria6 tions Act: Provided, That whenever the amount which

7 would be made available or the authority which would be

8 granted in that Act is greater than that which would be

9 available or granted under current operations, the perti10 nent activity shall be continued at a rate for operations

11 not exceeding the current rate.

12 (b) Whenever the amount which would be made avail13 able or the authority which would be granted under the

14 Act listed in this section as passed by the House as of

15 the date of enactment of this joint resolution is different

16 from that which would be available or granted under such

17 Act as passed by the Senate as of the date of enactment

18 of this joint resolution, the pertinent activity shall be con19 tinued at a rate for operations not exceeding the current

20 rate or the rate permitted by the action of the House or

21 the Senate, whichever is lower, under the authority and

22 conditions provided in the applicable appropriations Act

23 for the fiscal year 1995: Provided, That where an item

24 is not included in either version or where an item is in25 cluded in only one version of the Act as passed by both
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1 Houses as of the date of enactment of this joint resolution,

2 the pertinent activity shall not be continued except as pro3 vided for in this section or section 2 under the appropria4 tion, fund, or authority granted by the applicable appro5 priations Act for the fiscal year 1995 and under the au6 thority and conditions provided in the applicable appro7 priations Act for the fiscal year 1995.

8 (c) Whenever the Act listed in this section has been

9 passed by only the House or only the Senate as of the

10 date of enactment of this joint resolution, the pertinent

11 activity shall be continued under the appropriation, fund,

12 or authority granted by the one House at a rate for oper13 ations not exceeding the current rate or the rate permitted

14 by the action of the one House, whichever is lower, and

15 under the authority and conditions provided in the appli16 cable appropriations Act for the fiscal year 1995: Pro17 vided, That where an item is funded in the applicable ap18 propriations Act for the fiscal year 1995 and not included

19 in the version passed by the one House as of the date

20 of enactment of this joint resolution, the pertinent activity

21 shall not be continued except as provided for in section

22 1 or 2 under the appropriation, fund, or authority granted

23 by the applicable appropriations Act for the fiscal year

24 1995 and under the authority and conditions provided in

25 the applicable appropriations Act for the fiscal year 1995.
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1 SEC. 2. Appropriations made by section 1 shall be

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

3 provided by the pertinent appropriations Act.

4 SEC. 3. No appropriation or funds made available or

5 authority granted pursuant to section 1 shall be used to

6 initiate or resume any activity for which appropriations,

7 funds, or other authority were not available during the fis8 cal year 1995.

9 SEC. 4. No provision which is included in an appro10 priations Act enumerated in section 1 but which was not

11 included in the applicable appropriations Act for fiscal

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

13 than one appropriation, fund, or authority shall be appli14 cable to any appropriation, fund, or authority provided in

15 this joint resolution.

16 SEC. 5. Unless otherwise provided for in this joint

17 resolution or in the applicable appropriations Act, appro18 priations and funds made available and authority granted

19 pursuant to this joint resolution shall be available until

20 (a) enactment into law of an appropriation for any activity

21 provided for in this joint resolution, or (b) the enactment

22 into law of the applicable appropriations Act by both

23 Houses without any provision for such activity, whichever

24 first occurs.
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1 SEC. 6. Appropriations made and authority granted

2 pursuant to this joint resolution shall cover all obligations

3 or expenditures incurred for any activity during the period

4 for which funds or authority for such activity are available

5 under this joint resolution.

6 SEC. 7. Expenditures made pursuant to this joint res7 olution shall be charged to the applicable appropriation,

8 fund, or authorization whenever a bill in which such appli9 cable appropriation, fund, or authorization is contained is

10 enacted into law.

11 SEC. 8. Appropriations and funds made available by

12 or authority granted pursuant to this joint resolution may

13 be used without regard to the time limitations for submis14 sion and approval of apportionments set forth in section

15 1513 of title 31, United States Code, but nothing herein

16 shall be construed to waive any other provision of law gov17 erning the apportionment of funds.

18 SEC. 9. Notwithstanding any other provision of this

19 joint resolution, except section 5, whenever the Act listed

20 in section 1 as passed by both the House and Senate as

21 of the date of enactment of this joint resolution, does not

22 include funding for an ongoing activity for which there is

23 a budget request, or whenever an Act listed in section 1

24 has been passed by only the House or only the Senate

25 as of the date of enactment of this joint resolution, and
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1 an item funded in fiscal year 1995 is not included in the

2 version passed by the one House, or whenever the rate

3 for operations for an ongoing activity provided by section

4 1 for which there is a budget request would result in the

5 activity being significantly reduced, the pertinent activity

6 may be continued under the authority and conditions pro7 vided in the applicable appropriations Act for the fiscal

8 year 1995 by increasing the rate for operations provided

9 by section 1 to a rate for operations not to exceed one

10 that provides the minimal level that would enable existing

11 activities to continue. No new contracts or grants shall

12 be awarded in excess of an amount that bears the same

13 ratio to the rate for operations provided by this section

14 as the number of days covered by this resolution bears

15 to 366. For the purposes of the Act, the minimal level

16 means a rate for operations that is reduced from the cur17 rent rate by 25 percent.

18 SEC. 10. Notwithstanding any other provision of this

19 joint resolution, except section 5, whenever the rate for

20 operations for any continuing activity provided by section

21 1 or section 9 for which there is a budget request would

22 result in a furlough of Government employees, that rate

23 for operations may be increased to the minimum level that

24 would enable the furlough to be avoided. No new contracts

25 or grants shall be awarded in excess of an amount that
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1 bears the same ratio to the rate for operations provided

2 by this section as the number of days covered by this reso3 lution bears to 366.

4 SEC. 11. This joint resolution shall be implemented

5 so that only the most limited funding action of that per6 mitted in the resolution shall be taken in order to provide

7 for the continuation of activities of the Passport Office.

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