Making continuing appropriations for the fiscal year 1996, and for other purposes.
PL 104-31 (H.J.Res.108), enacted 09/30/1995

109 STAT. 278 
PUBLIC LAW 104-31—SEPT. 30, 1995 
Sept. 30, 1995 
[H.J. Res. 108] 
Public Law 104-31 
104th Congress 
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; 
PUBLIC LAW 104-31—SEPT. 30, 1995 
109 STAT. 279 
The Department of Transportation Appropriations Act, 
1996; 
The Treasury, Postal Service, and General Gk)vernment 
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 subpro-
gram element within an appropriation account, for which appropria-
tions, 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 utiliz-
ing 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. 
109 STAT. 280 
PUBLIC LAW 104-31—SEPT. 30, 1995 
Termination 
date. 
Coverage. 
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. 
PUBLIC LAW 104-31—SEPT. 30, 1995 
109 STAT. 281 
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 Pa3nTient 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 reso- 8 USC1351 note, 
lution, 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 joint resolution, notwithstanding para-
graph (3) of said subsection. 
109 STAT. 282 
PUBLIC LAW 104-31—SEPT. 30, 1995 
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. 
Approved September 30, 1995. 
LEGISLATIVE HISTORY—H.J. Res. 108: 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Sept. 28, considered and passed House. 
Sept. 29, considered and passed Senate.