104TH CONGRESS
2D SESSION
H.R. 1643
AMENDMENTS
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
January 5, 1996.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 1643) entitled ‘‘An Act to authorize
the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Bulgaria’’, with the fol-
lowing
AMENDMENTS:
In lieu of the matter inserted by said amendment, insert:
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 applica-
ble appropriations Act for the fiscal year 1995 for continu-
ing the following projects or activities including the costs
of direct loans and loan guarantees (not otherwise specifi-
cally 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, au-
thorized by title IV, part B, subpart 1, of the Social
Security Act, under the account heading ‘‘Children
and families services programs’’ under the Adminis-
tration 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 administra-
tion activities under the account heading ‘‘State un-
employment insurance and employment service oper-
ations’’ under the Employment and Training Admin-
istration in the Department of Labor;
All general welfare assistance payments and fos-
ter care payments, as authorized by law, funded
under the account heading ‘‘Operation of Indian pro-
grams’’ under the Bureau of Indian Affairs in the
Department of the Interior;
All projects and activities funded under the ac-
count heading ‘‘Family support payments to States’’
under the Administration For Children and Families
in the Department of Health and Human Services;
All projects and activities funded under the ac-
count heading ‘‘Payments to States for foster care and
adoption assistance’’ under the Administration For
Children and Families in the Department of Health
and Human Services;
All administrative activities necessary to carry
out the projects and activities in the preceeding two
paragraphs;
All projects and activities funded under the ac-
count headings ‘‘Dual benefits payments account’’,
‘‘Limitation on administration’’ and ‘‘Limitation on
railroad unemployment insurance administration
fund’’ under the Railroad Retirement Board;
All projects and activities necessary to accommo-
date 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,
the John F. Kennedy Center for the Performing Arts,
and the United States Holocaust Memorial; and
All projects and activities necessary to process
visas and passports and to provide for American citi-
zen services, 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 included funding for fiscal year
1996 for the projects and activities listed in this sec-
tion 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 op-
erations not exceeding the current rate.
(b) Whenever the amount which would be made avail-
able 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 pro-
vided 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 sec-
tion 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 per-
mitted by the action of the one House, whichever is lower,
and under the authority and conditions provided in the ap-
plicable appropriations Act for the fiscal year 1995.
SEC. 102. 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. 103. 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. 104. No provision which is included in the 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 applica-
ble to any appropriation, fund, or authority provided in
this Act.
SEC. 105. Appropriations made and authority granted
pursuant to this title of this Act shall cover all obligations
or expenditures incurred for any program, project, or activ-
ity during the period for which funds or authority for such
project or activity are available under this Act.
SEC. 106. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations 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 activ-
ity, or (c) September 30, 1996, except for the projects and
activities under the headings ‘‘Family support payments to
States’’ and ‘‘Payments to States for foster care and adop-
tion assistance’’, for which date shall be March 15, 1996,
whichever first occurs.
SEC. 107. 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 appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 108. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 101 of this Act
that makes the availability of any appropriation provided
therein dependent upon the enactment of additional author-
izing or other legislation shall be effective before the date
set forth in section 106(c) of this Act.
SEC. 109. 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 sub-
mission 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 gov-
erning the apportionment of funds.
SEC. 110. For the purposes of this title of this Act,
the time covered by this title of this Act shall be considered
to have begun on December 16, 1995.
SEC. 111. Notwithstanding any other provision of this
Act, except section 106, funds appropriated under section
101 for the payment of vested dual benefits under the Rail-
road Retirement Act shall be made available so as to fully
fund the payments made on January 1, 1996, and the pay-
ments to be made within the period covered by this Act in-
cluding those payments to be made on the first day of each
month within the period covered by this Act. In addition
to the funds appropriated under section 101 of this Act,
$12,800,000 is appropriated to restore full funding for pay-
ments made for the period prior to January 1, 1996.
SEC. 112. Notwithstanding any other provision of this
Act, except section 106, the authorities provided under sub-
section (a) of section 140 of the Foreign Relations Author-
ization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236) shall remain in effect during the period of this Act,
notwithstanding paragraph (3) of said subsection.
TITLE II
VETERANS AFFAIRS
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. 201. ENSURED PAYMENT DURING FISCAL YEAR
1996 OF VETERANS’ BENEFITS IN EVENT OF LACK OF AP-
PROPRIATIONS.—(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 Veter-
ans 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 require-
ments 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 pro-
vided 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 au-
thority of subsection (a) to make payments, applicable ac-
counts shall be charged for amounts so paid, and for the
costs of administration of such payments, when regular ap-
propriations 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 avail-
able (other than pursuant to subsection (b)) after De-
cember 15, 1995, the last day on which appropria-
tions for payment of such benefits are available (other
than pursuant to subsection (b)).
SEC. 202. Section 201 shall cease to be effective on Sep-
tember 30, 1996.
SEC. 203. For the purposes of this title of this Act,
the time covered by this title of this Act shall be considered
to have begun on January 4, 1996.
TITLE III
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. 301. Such amounts as may be necessary under
the authority and conditions provided in applicable appro-
priations Acts for the fiscal year 1995 for paying salaries
of Federal employees excepted from the provisions of the
Antideficiency Act (31 U.S.C. 1341 et seq.) who are con-
tinuing projects and activities conducted in fiscal year 1995
who work during periods when there is otherwise no fund-
ing authority for their salaries.
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 ap-
propriations, funds, or other authority were not available
during the fiscal year 1995.
SEC. 304. No provision which is included in the appro-
priations 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 applica-
ble to any appropriation, fund, or authority provided in
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 activ-
ity during the period for which funds or authority for such
project or activity are available under this Act.
SEC. 306. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations 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 activ-
ity, or (c) January 26, 1996, whichever first occurs.
SEC. 307. 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 appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 308. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 301 of this Act
that makes the availability of any appropriation provided
therein dependent upon the enactment of additional author-
izing or other legislation shall be effective before the date
set forth in section 306(c) of this Act.
SEC. 309. 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 sub-
mission 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 gov-
erning the apportionment of funds.
SEC. 310. ALL FEDERAL EMPLOYEES DEEMED TO BE
EXCEPTED EMPLOYEES.—(a) IN GENERAL.—Section 1342
of title 31, United States Code, is amended for the period
December 15, 1995 through January 26, 1996—
(1) by inserting after the first sentence ‘‘All offi-
cers and employees of the United States Government
or the District of Columbia government shall be
deemed to be performing services relating to emer-
gencies involving the safety of human life or the pro-
tection of property.’’; and
(2) by striking out the last sentence.
SEC. 311. 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 oc-
curred.
SEC. 312. ELIGIBILITY
FOR UNEMPLOYMENT COM-
PENSATION.—Notwithstanding any other provisions of law,
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 deemed to be totally sepa-
rated from Federal service and eligible for unemployment
compensation benefits under subchapter I of chapter 85 of
title 5 of the United States Code with no waiting period
for such eligibility to accrue.
SEC. 313. For the purposes of this title, Federal em-
ployees returning to work under the provisions of section
310 shall be deemed to have returned to work at the first
regularly scheduled opportunity after December 15, 1995.
SEC. 314. Appropriations made pursuant to section
301 are made notwithstanding section 15 of the State De-
partment 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),
section 53 of the Arms Control and Disarmament Act, and
section 10 of Public Law 91–672.
TITLE IV
The following sums are hereby appropriated, out of the
general fund and enterprise funds of the District of Colum-
bia for the District of Columbia for the fiscal year 1996,
and for other purposes, namely:
SEC. 401. (a) Such amounts as may be necessary
under the authority and conditions provided in the applica-
ble appropriations Act for the fiscal year 1995 for continu-
ing 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 appropria-
tions 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 avail-
able 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 oper-
ations 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 applica-
ble 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 con-
tinued except as provided for in section 411 or 412 under
the appropriation, fund, or authority granted by the appli-
cable appropriations Act for the fiscal year 1995 and under
the authority and conditions provided in the applicable ap-
propriations Act for the fiscal year 1995.
SEC. 402. Appropriations made by section 401 shall
be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 403. No appropriation or funds made available
or authority granted pursuant to section 401 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. 404. No provision which is included in the appro-
priations Act enumerated in section 401 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 applica-
ble to any appropriation, fund, or authority provided in
this title of this Act.
SEC. 405. Appropriations made and authority granted
pursuant to this title of this Act shall cover all obligations
or expenditures incurred for any program, project, or activ-
ity during the period for which funds or authority for such
project or activity are available under this title of this Act.
SEC. 406. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations 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 activ-
ity, or (c) September 30, 1996, whichever first occurs.
SEC. 407. Notwithstanding any other provision of this
title of this Act, except section 406, none of the funds appro-
priated 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. 408. 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 appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 409. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 401 of this title
of this Act 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 406(c) of this Act.
SEC. 410. 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 sub-
mission 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 gov-
erning the apportionment of funds.
SEC. 411. Notwithstanding any other provision of this
title of this Act, except section 406, whenever the Act listed
in section 401 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 401 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 pro-
vided in the applicable appropriations Act for the fiscal
year 1995 by increasing the rate for operations provided
by section 401 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. 412. Notwithstanding any other provision of this
title of this Act, except section 406, whenever the rate for
operations for any continuing project or activity provided
by section 401 or section 411 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. 413. Notwithstanding any other provision of this
title of this Act, except sections 406, 411, and 412, for those
programs that had high initial rates of operation or com-
plete 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 dis-
tributions of funds for fiscal year 1996 shall not be made
and no grants shall be awarded for such programs funded
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 Fed-
eral Government—
(1) such furloughed employees shall be com-
pensated 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 avail-
able, including the cost of compensating such fur-
loughed 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 re-
spect to any period in fiscal year 1996 (not limited to peri-
ods beginning or ending after the date of the enactment of
this Act) during which there occurs a lapse in appropria-
tions with respect to any department or agency of the Fed-
eral Government which, but for such lapse in appropria-
tions, 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.
Amend the title so as to read: ‘‘An Act making appro-
priations for certain activities for the fiscal year 1996, and
for other purposes.’’.
Attest:
Clerk.