IB
104TH CONGRESS
1ST SESSION
H. J. RES. 122
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 29, 1995
Ordered to be printed with the amendments of the Senate numbered
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,
Ω1æThat 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:
TITLE I
CONTINUING APPROPRIATIONS
SEC. 101. (a) Such amounts as may be necessary
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995 for con-
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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 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, 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, notwithstanding section 504(a)(1) of the
National Security Act of 1947;
The District of Columbia Appropriations Act,
1996;
The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996, not-
withstanding section 10 of Public Law 91–672 and
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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, H.R. 2492;
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:
Provided, That whenever the amount which would be made
available 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 ex-
ceeding the current rate.
(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
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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 conditions provided in the applicable appro-
priations 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 appli-
cable 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 appropria-
tion, 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
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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 appli-
cable 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 pro-
vided for in section 111 or 112 under the appropriation,
fund, or authority granted by the applicable appropria-
tions 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 De-
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
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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-
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-
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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 into law of the applicable appropriations Act
by both Houses without any provision for such project or
activity, or (c) December 5, 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.
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.
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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 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 conditions provided
in the applicable appropriations Act for the fiscal year
1995 by increasing the rate for operations provided by sec-
tion 101 to a rate for operations not to exceed one that
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provides the minimal level that would enable existing ac-
tivities 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 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
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,
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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. 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 $15,000,000 above
the amount otherwise made available by this joint resolu-
tion, for purposes of certain capital construction loan re-
payments 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 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.
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SEC. 117. 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.
SEC. 118. 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. 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 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.
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SEC. 120. 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.
SEC. 121. Notwithstanding any other provision of
this joint resolution, except section 106, funds for the En-
vironmental Protection 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 oper-
ations for projects and activities that would be funded
under the heading ‘‘International Organizations and Con-
ferences, Contributions to International Organizations’’ in
the Departments of Commerce, Justice, and State, the Ju-
diciary, 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.
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SEC. 123. Notwithstanding any other provision of
this joint resolution, except section 106, the rate for oper-
ations of the following projects or activities shall be only
the minimum necessary to accomplish orderly termination:
Administrative Conference of the United States;
Advisory Commission on Intergovernmental Re-
lations (except that activities to carry out the provi-
sions of Public Law 104–4 may continue);
Interstate Commerce Commission;
Pennsylvania Avenue Development Corporation;
Land and Water Conservation Fund, State As-
sistance; and
Office of Surface Mining Reclamation and En-
forcement, Rural Abandoned Mine Program.
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 enroll-
ment 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 resolution:
(1) A continuing resolution.
(2) A debt limit extension measure.