H. J. Res. 108
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
An Act
Making 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:
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 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1996;
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;
The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1996;
The Legislative Branch Appropriations Act, 1996;
The Military Construction Appropriations Act, 1996;
H. J. Res. 108—2
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.
(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 October 1, 1995, is different
from that which would be available or granted under such Act
as passed by the Senate as of October 1, 1995, the pertinent
project or activity shall be continued at a rate for operations not
exceeding the average of the rates permitted by the action of the
House or the Senate under the authority and conditions provided
in the applicable appropriations Act for the fiscal year 1995: Pro-
vided, That where an item is included in only one version of the
Act as passed by both Houses as of October 1, 1995, the pertinent
project or activity shall be continued under the appropriation, fund,
or authority granted by the one House at a rate for operations
that is one-half of that permitted by the action of the one House
under the authority and conditions provided in the applicable appro-
priations 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 October 1, 1995, 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 is lower, and under
the authority and conditions provided in applicable appropriations
Acts 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
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.
H. J. Res. 108—3
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 of the applicable appropriations Act by both
Houses without any provision for such project or activity, or (c)
November 13, 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
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. 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 October 1,
1995, 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 October 1, 1995, 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 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 10 percent.
H. J. Res. 108—4
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 a 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. Notwithstanding any other provision of this joint
resolution, except section 106, the rates for operation for any
continuing project or activity provided by section 101 that have
not been increased by the provisions of section 111 or section
112 shall be reduced by 5 percent but shall not be reduced below
the minimal level defined in section 111 or below the level that
would result in a furlough.
SEC. 116. 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
$217,000,000 above the amount otherwise made available by this
joint resolution.
SEC. 117. 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.
SEC. 118. 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. 119. 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.
H. J. Res. 108—5
SEC. 120. 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. 121. 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. 122. 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. 123. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.