H. J. Res. 115
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
Joint Resolution
Making further 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,
corporations, and other organizational units of Government for the
fiscal year 1996, and for other purposes, namely:
TITLE I
CONTINUING APPROPRIATIONS
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 other-
wise 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 appro-
priations Acts:
The Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996, not-
withstanding section 15 of the State Department Basic Authori-
ties 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, not-
withstanding 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 Depart-
ment Basic Authorities Act of 1956;
The Department of the Interior and Related Agencies
Appropriations Act, 1996;
H. J. Res. 115—2
The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1996;
The Legislative Branch Appropriations Act, 1996, H.R.
2492;
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:
Provided, That whenever the amount which would be made avail-
able or the authority which would be granted in these Acts 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 an Act listed in this
section as passed by the House as of the date of enactment of
this joint resolution, 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 joint resolution, 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 condi-
tions 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 joint resolution, the pertinent project or activity shall not
be continued except as provided for in section 111 or 112 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.
(c) Whenever an Act listed in this section has been passed
by only the House or only the Senate as of the date of enactment
of this joint resolution, 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: Provided,
That where an item is funded in the applicable appropriations
Act for the fiscal year 1995 and not included in the version passed
by the one House as of the date of enactment of this joint resolution,
the pertinent project or activity shall not be continued except as
provided for in section 111 or 112 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. 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
H. J. Res. 115—3
organization which are defined as any project, subproject, activity,
budget activity, program element, and subprogram within a pro-
gram 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.
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 resolu-
tion shall be available until (a) enactment into law of an appropria-
tion for any project or activity provided for in this joint resolution,
or (b) the enactment into law of the applicable appropriations
Act by both Houses without any provision for such project or activ-
ity, or (c) December 1, 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 authoriza-
tion 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 de-
pendent 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 the date of
H. J. Res. 115—4
enactment of this joint resolution, 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 the date of enactment of
this joint resolution, 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 condi-
tions 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
40 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 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 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 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 resolu-
tion shall be taken in order to provide for continuation of projects
and activities.
SEC. 115. The provisions of section 132 of the District of Colum-
bia 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
$15,000,000 above the amount otherwise made available by this
joint resolution, for purposes of certain capital construction loan
repayments pursuant to Public Law 85–451, as amended.
SEC. 116. 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 Assess-
ment 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.
H. J. Res. 115—5
SEC. 117. 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. 118. Notwithstanding any other provision of this joint
resolution, except section 106, the authorities provided under sub-
section (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.
SEC. 119. 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. 120. Until enactment of legislation providing funding for
the entire fiscal year ending September 30, 1996, for the Depart-
ment of the Interior and Related Agencies, funds available for
necessary expenses of the Bureau of Mines are for continuing lim-
ited 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. 121. Notwithstanding any other provision of this joint
resolution, except section 106, funds for the Environmental Protec-
tion Agency shall be made available in the appropriation accounts
which are provided in H.R. 2099 as reported on September 13,
1995.
SEC. 122. 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 ‘‘Inter-
national Organizations and Conferences, Contributions to Inter-
national 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.
SEC. 123. Notwithstanding any other provision of this joint
resolution, except section 106, the rate for operations of the follow-
ing projects or activities shall be only the minimum necessary
to accomplish orderly termination:
Administrative Conference of the United States;
Advisory Commission on Intergovernmental Relations
(except that activities to carry out the provisions of Public
Law 104–4 may continue);
Interstate Commerce Commission;
Pennsylvania Avenue Development Corporation;
Land and Water Conservation Fund, State Assistance; and
Office of Surface Mining Reclamation and Enforcement,
Rural Abandoned Mine Program.
H. J. Res. 115—6
TITLE II
SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.
(a) WAIVER.—The provisions of sections 106 and 107 of title
1, United States Code, are waived with respect to the printing
(on parchment or otherwise) of the enrollment of any of the following
measures of the first session of the One Hundred Fourth Congress
presented to the President after the enactment of this joint resolu-
tion:
(1) A continuing resolution.
(2) A debt limit extension measure.
(3) A reconciliation bill.
(b) CERTIFICATION BY COMMITTEE ON HOUSE OVERSIGHT.—The
enrollment of a measure to which subsection (a) applies shall be
in such form as the Committee on House Oversight of the House
of Representatives certifies to be a true enrollment.
SEC. 202. DEFINITIONS.
As used in this joint resolution:
(1) CONTINUING RESOLUTION.—The term ‘‘continuing resolu-
tion’’ means a bill or joint resolution that includes provisions
making further continuing appropriations for fiscal year 1996.
(2) DEBT LIMIT EXTENSION MEASURE.—The term ‘‘debt limit
extension measure’’ means a bill or joint resolution that
includes provisions increasing or waiving (for a temporary
period or otherwise) the public debt limit under section 3101(b)
of title 31, United States Code.
(3) RECONCILIATION
BILL.—The term ‘‘reconciliation bill’’
means a bill that is a reconciliation bill within the meaning
of section 310 of the Congressional Budget Act of 1974.
TITLE III—MEDICARE
SEC. 301. DETERMINATION OF MEDICARE PART B PREMIUM.
(a) Any percentage reference in subsection (e)(1)(A) of section
1839 of the Social Security Act for months in 1996 is deemed
a reference to the amount described in subsection (e)(1)(B)(v) of
such section, expressed as a percentage of the monthly actuarial
rate under subsection (a)(1) of such section for months in 1995.
SEC. 302. MEDICARE COVERAGE OF CERTAIN ANTICANCER DRUG
TREATMENTS.
(a) COVERAGE
OF CERTAIN SELF-ADMINISTERED ANTICANCER
DRUGS.—Section 1861(s)(2)(Q) of the Social Security Act (42 U.S.C.
1395x(s)(2)(Q)) is amended—
(1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’; and
(2) by striking the semicolon at the end and inserting
‘‘, and’’; and
(3) by adding at the end the following:
‘‘(ii) an oral drug (which is approved by the Federal Food
and Drug Administration) prescribed for use as an anticancer
nonsteroidal antiestrogen or nonsteroidal antiandrogen agent for
a given indication;’’.
(b) UNIFORM COVERAGE OF ANTICANCER DRUGS IN ALL SET-
TINGS.—Section 1861(t)(2)(A) of such Act (42 U.S.C. 1395x(t)(2)(A))
is amended by adding (including a nonsteroidal antiestrogen or
nonsteroidal antiandrogen regimen)’’ after ‘‘regimen’’.
H. J. Res. 115—7
(c) CONFORMING AMENDMENT.—Section 1834 (j)(5)(F)(iv) of such
Act (42 U.S.C. 1395m(j)(5)(F)(iv)) is amended by striking ‘‘prescribed
for use’’ and all that follows through ‘‘1861 (s)(2)(Q))’’ and inserting
‘‘described in section 1861(s)(2)(Q)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to drugs furnished on or after the date of the enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.