H. R. 1643
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
Making appropriations for certain activities for the fiscal year 1996, and for other
purposes.
Be it enacted 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 cor-
porate or other revenues, receipts, and funds, for the several depart-
ments, 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 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, authorized
by title IV, part B, subpart 1, of the Social Security Act,
under the account heading ‘‘Children and families services pro-
grams’’ under the Administration 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 administration activi-
ties under the account heading ‘‘State unemployment insurance
and employment service operations’’ under the Employment
and Training Administration in the Department of Labor;
All general welfare assistance payments and foster care
payments, as authorized by law, funded under the account
heading ‘‘Operation of Indian programs’’ under the Bureau
of Indian Affairs in the Department of the Interior;
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;
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All administrative activities necessary to carry out the
projects and activities in the preceding two paragraphs;
All projects and activities funded under the account head-
ings ‘‘Dual benefits payments account’’, ‘‘Limitation on adminis-
tration’’ and ‘‘Limitation on railroad unemployment insurance
administration fund’’ under the Railroad Retirement Board;
All projects and activities necessary to accommodate visi-
tors 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 citizen services, notwith-
standing 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 section 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 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
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 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 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 Act.
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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 activity 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, appropriations 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 appropria-
tions Act by both Houses without any provision for such project
or activity, 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 adoption 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 applicable appropria-
tion, 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 authorizing 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 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. 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 Railroad Retirement
Act shall be made available so as to fully fund the payments
made on January 1, 1996, and the payments to be made within
the period covered by this Act including 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 payments 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 subsection (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 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
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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. 201. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF
VETERANS’ 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, 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. 202. Section 201 shall cease to be effective on September
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, corporations, 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 author-
ity and conditions provided in applicable appropriations 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 continuing projects and activities conducted
in fiscal year 1995 who work during periods when there is otherwise
no funding authority for their salaries.
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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 appropriations, funds, or other
authority were not available during the fiscal year 1995.
SEC. 304. No provision which is included in the appropriations
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 applicable 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 activity 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, appropriations 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 appropria-
tions Act by both Houses without any provision for such project
or activity, 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 applicable appropria-
tion, 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 authorizing 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 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. 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 officers and
employees of the United States Government or the District
of Columbia government shall be deemed to be performing
services relating to emergencies involving the safety of human
life or the protection of property.’’; and
(2) by striking out the last sentence.
SEC. 311. EXCEPTED EMPLOYEES UNDER NORMAL LEAVE POL-
ICY.—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
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subject to the same leave regulations as if no lapse in appropriations
had occurred.
SEC. 312. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION.—
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 separated 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 employees
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 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), 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 Columbia 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 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 Act) which were
conducted in the fiscal year 1995 and for which appropriations,
funds, or other authority would be available in the following appro-
priations 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 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
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 Act,
the pertinent project or activity shall not be continued except as
provided for in section 411 or 412 under the appropriation, fund,
or authority granted by the applicable appropriations Act for the
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fiscal year 1995 and under the authority and conditions provided
in the applicable appropriations 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 appropriations, funds, or other
authority were not available during the fiscal year 1995.
SEC. 404. No provision which is included in the appropriations
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 applicable 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 activity 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, appropriations 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 appropria-
tions Act by both Houses without any provision for such project
or activity, 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 appropriated
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 applicable appropria-
tion, 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 additional authorizing or other
legislation shall be effective before 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 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. 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
H. R. 1643—8
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
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 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 title of this Act that would impinge on
final funding prerogatives.
SEC. 414. This title of this Act shall be implemented so that
only the most limited funding action of that permitted in this
title of this Act shall be taken in order to provide for continuation
of projects and activities.
SEC. 415. 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 Act.
SEC. 416. Notwithstanding any other provision of this title
of this Act, except section 406, none of the funds appropriated
under this title of this Act shall be used to implement or enforce
any system or registration of unmarried, cohabiting couples whether
they are homosexual, lesbian, heterosexual, including but not lim-
ited 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 Act 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 V
CLARIFICATION OF CERTAIN REIMBURSEMENTS
SEC. 501. CLARIFICATION OF REIMBURSEMENT TO STATES FOR
FEDERALLY FUNDED EMPLOYEES.—(a) If a State used State funds
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to continue carrying out a Federal program or furloughed State
employees whose compensation is advanced or reimbursed in whole
or in part by the Federal Government—
(1) such furloughed employees shall be compensated 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 available, including the cost of com-
pensating such furloughed 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 respect to
any period in fiscal year 1996 (not limited to periods beginning
or ending after the date of the enactment of this Act) during
which there occurs a lapse in appropriations with respect to any
department or agency of the Federal Government which, but for
such lapse in appropriations, would have paid, or made reimburse-
ment relating to, any of the expenses referred to in subsection
(a) with respect to the program involved. Payments and reimburse-
ments under this authority shall be made only to the extent and
in amounts provided in advance in appropriations Acts.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.