H. J. Res. 136
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,
TITLE I
AID TO FAMILIES WITH DEPENDENT CHILDREN AND
FOSTER CARE AND ADOPTION ASSISTANCE
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:
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 the following projects
or activities including the costs of direct loans and loan guarantees
(not otherwise specifically provided for in this joint resolution)
which were conducted in the fiscal year 1995:
All projects and activities funded under the account head-
ing ‘‘Family support payments to States’’ under the Administra-
tion For Children and Families in the Department of Health
and Human Services;
All projects and activities funded under the account head-
ing ‘‘Payments to States for foster care and adoption assistance’’
under the Administration For Children and Families in the
Department of Health and Human Services; and
All administrative activities necessary to carry out the
projects and activities in the preceeding two paragraphs:
Provided, That whenever the amount which would be made avail-
able 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 section 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 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 joint resolution, is different from that which would be avail-
H. J. Res. 136—2
able 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.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities 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.
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 appropriations, funds, or other
authority were not available during the fiscal year 1995.
SEC. 104. No provision which is included in the 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. 105. Appropriations made and authority granted pursuant
to this title of 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. 106. Unless otherwise provided for in this title of this
joint resolution or in the applicable appropriations Act, appropria-
tions and funds made available and authority granted pursuant
to this title of this joint resolution shall be available until (a)
enactment into law of an appropriation for any project or activity
provided for in this title of 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) January 3, 1996,
whichever first occurs.
SEC. 107. Expenditures made pursuant to this title of this
joint resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such applicable
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 joint resolution that
makes the availability of any appropriation provided therein
dependent 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. 109. Appropriations and funds made available by or
authority granted pursuant to this title of this joint resolution
H. J. Res. 136—3
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.
TITLE II
DISTRICT OF COLUMBIA
The following sums are hereby appropriated, out of the general
fund and enterprise funds of the District of Columbia for the District
of Columbia for the fiscal year 1996, and for other purposes, namely:
SEC. 201. (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 title of this joint resolution)
which were conducted in the fiscal year 1995 and for which appro-
priations, funds, or other authority would be available in the follow-
ing appropriations Act:
The District of Columbia Appropriations Act, 1996:
Provided, That whenever the amount which would be made avail-
able or the authority which would be granted in this Act is greater
than that which would be available or granted under current oper-
ations, 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 the 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 avail-
able 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 211 or 212 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. 202. Appropriations made by section 201 shall be available
to the extent and in the manner which would be provided by
the pertinent appropriations Act.
SEC. 203. No appropriation or funds made available or authority
granted pursuant to section 201 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. 204. No provision which is included in the appropriations
Act enumerated in section 201 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,
H. J. Res. 136—4
or authority shall be applicable to any appropriation, fund, or
authority provided in this title of this joint resolution.
SEC. 205. Appropriations made and authority granted pursuant
to this title of 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 title of this joint resolution.
SEC. 206. Unless otherwise provided for in this title of this
joint resolution or in the applicable appropriations Act, appropria-
tions and funds made available and authority granted pursuant
to this title of this joint resolution shall be available until (a)
enactment into law of an appropriation for any project or activity
provided for in this title of 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) January 3, 1996,
whichever first occurs.
SEC. 207. Notwithstanding any other provision of this title
of this joint resolution, except section 206, none of the funds appro-
priated under this title of this joint resolution 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. 208. Expenditures made pursuant to this title of this
joint resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted into
law.
SEC. 209. No provision in the appropriations Act for the fiscal
year 1996 referred to in section 201 of this title of this joint
resolution that makes the availability of any appropriation provided
therein dependent upon the enactment of additional authorizing
or other legislation shall be effective before the date set forth
in section 206(c) of this joint resolution.
SEC. 210. Appropriations and funds made available by or
authority granted pursuant to this title of 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. 211. Notwithstanding any other provision of this title
of this joint resolution, except section 206, whenever the Act listed
in section 201 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 the rate for operations for an ongoing
project or activity provided by section 201 for which there is a
budget request would result in the project or activity being signifi-
cantly reduced, the pertinent project or activity may be continued
under the authority and conditions provided in the applicable appro-
priations Act for the fiscal year 1995 by increasing the rate for
operations provided by section 201 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
H. J. Res. 136—5
of this title of this joint resolution the minimal level means a
rate for operations that is reduced from the current rate by 25
percent.
SEC. 212. Notwithstanding any other provision of this title
of this joint resolution, except section 206, whenever the rate for
operations for any continuing project or activity provided by section
201 or section 211 for which there is a budget request would
result in a furlough of Government employees, that rate for oper-
ations 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. 213. Notwithstanding any other provision of this title
of this joint resolution, except sections 206, 211, and 212, for those
programs that had high initial rates of operation or complete dis-
tribution 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 title of this resolution that would
impinge on final funding prerogatives.
SEC. 214. This title of this joint resolution shall be implemented
so that only the most limited funding action of that permitted
in this title of this resolution shall be taken in order to provide
for continuation of projects and activities.
SEC. 215. The provisions of section 132 of the District of Colum-
bia Appropriations Act, 1988, Public Law 100–202, shall not apply
for this title of this joint resolution.
SEC. 216. Notwithstanding any other provision of this title
of this joint resolution, except section 206, none of the funds appro-
priated under this title of this joint resolution shall be used to
implement or enforce any system of registration of unmarried,
cohabiting couples whether they are homosexual, lesbian, hetero-
sexual, including but not limited to registration for the purpose
of extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant to
any provision of this title of this joint resolution otherwise be
used to implement or enforce D.C. Act 9–188, signed by the Mayor
of the District of Columbia on April 15, 1992.
TITLE III
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, corporations and other organizational units
of Government for the fiscal year 1996, and for other purposes,
namely:
SEC. 301. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF VETER-
ANS’ BENEFITS IN EVENT OF LACK OF APPROPRIATIONS.
(a) PAYMENTS REQUIRED.—In any case during fiscal year 1996
in which appropriations are not otherwise available for programs,
H. J. Res. 136—6
projects, and activities of the Department of Veterans Affairs, the
Secretary of Veterans 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 requirements 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 provided 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 authority of subsection
(a) to make payments, applicable accounts shall be charged for
amounts so paid, and for the costs of administration of such pay-
ments, when regular appropriations 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 available (other
than pursuant to subsection (b)) after December 15, 1995, the
last day on which appropriations for payment of such benefits
are available (other than pursuant to subsection (b)).
SEC. 302. Section 301 shall cease to be effective on
January 3, 1996.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.