IA
104TH CONGRESS
1ST SESSION
H. J. RES. 108
Making continuing appropriations for the fiscal year 1996, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1995
Mr. LIVINGSTON introduced the following joint resolution; which was referred
to the Committee on Appropriations
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 1996,
and for other purposes.
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, corpora-
tions, 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 appli-
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cable appropriations Act for the fiscal year 1995 for con-
tinuing projects or activities including the costs of direct
loans and loan guarantees (not otherwise specifically pro-
vided 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 follow-
ing appropriations Acts:
The Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appro-
priations Act, 1996;
The Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appro-
priations 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, 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 Appro-
priations Act, 1996;
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The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996, not-
withstanding section 10 of Public Law 91–672 and
section 15(a) of the State Department Basic Au-
thorities 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 Ap-
propriations Act, 1996;
The Legislative Branch Appropriations Act,
1996;
The Military Construction Appropriations Act,
1996;
The Department of Transportation Appropria-
tions Act, 1996;
The Treasury, Postal Service, and General Gov-
ernment 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 avail-
able 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
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available or granted under such Act as passed by the Sen-
ate 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 contin-
ued 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 author-
ity 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 De-
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partment 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 or-
ganization 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 appro-
priations, funds, or other authority were not available dur-
ing 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 pro-
curement funding for economic order quantity procure-
ment 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 ap-
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propriations, funds, or other authority were not available
during the fiscal year 1995.
SEC. 105. No provision which is included in an appro-
priations 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 appli-
cable 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, appro-
priations 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 grant-
ed pursuant to this joint resolution shall cover all obliga-
tions 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.
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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 appli-
cable 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 addi-
tional authorizing or other legislation shall be effective be-
fore the date set forth in section 106(c) of this joint reso-
lution.
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
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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 activ-
ity 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 cur-
rent rate by 10 percent.
SEC. 112. Notwithstanding any other provision of
this joint resolution, except section 106, whenever the rate
for operations for any continuing project or activity pro-
vided 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
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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 oper-
ations provided by this section as the number of days cov-
ered 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 pro-
grams 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 per-
mitted 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 oper-
ation 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
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in section 111 or below the level that would result in a
furlough.
SEC. 116. The provisions of section 132 of the Dis-
trict 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 Dis-
trict 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 Of-
fice of Technology Assessment as contained in the Con-
ference Report on the Legislative Branch Appropriations
Act, 1996, House Report 104–212, shall be followed when
applying the funding made available by this joint resolu-
tion.
SEC. 118. Notwithstanding any other provision of
this joint resolution, except section 106, any distribution
of funding under the Rehabilitation Services and Disabil-
ity 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 res-
olution bears to 366.
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SEC. 119. Notwithstanding any other provision of
this joint resolution, except section 106, the authorities
provided under subsection (a) of section 140 of the For-
eign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236) shall remain in effect during
the period of this joint resolution, notwithstanding para-
graph (3) of said subsection.
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 con-
tained in Public Law 103–352, which fee rate and offset-
ting 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 Bu-
reau of Mines.