[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 108 Enrolled Bill (ENR)]
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:

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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 otherwise 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 appropriations 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, 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),
and section 53 of the Arms Control and Disarmament Act;
The Department of Defense Appropriations Act, 1996,
notwithstanding 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 Department 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;
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: Provided, 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
appropriations 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 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 applicable appropriations Acts for the fiscal year 1995.

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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 program 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.

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the extent and in the manner which would be provided by the pertinent
appropriations Act.

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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.

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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.

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in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this joint resolution shall
be available until (a) enactment into law of an appropriation 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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the most limited funding action of that permitted in the resolution
shall be taken in order to provide for continuation of projects and
activities.

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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.

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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.

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resolution, except section 106, the authority and conditions for the
application of appropriations for the Office of Technology Assessment
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.

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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.

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resolution, 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
paragraph (3) of said subsection.

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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.

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entire fiscal year ending September 30, 1996, for the Department of the
Interior and Related Agencies, funds available for necessary expenses
of the Bureau of Mines are for continuing limited 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.

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resolution, except section 106, funds for the Environmental Protection
Agency shall be made available in the appropriation accounts which are
provided in H.R. 2099 as reported on September 13, 1995.

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resolution, except section 106, the rate for operations for projects
and activities that would be funded under the heading ``International
Organizations and Conferences, Contributions to International
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.

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Continuing Appropriation (first) — HJRES. 108

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