[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 123 Enrolled Bill (ENR)]
H.J. Res.123
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, 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:
TITLE I
CONTINUING APPROPRIATIONS

f653d89b88e3887a14014dd587b0071bde7612f2671f22d14b5a5f2dd2b3097f

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 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 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, H.R. 2492;
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:
Provided, That whenever the amount which would be made available or the
authority which would be granted in these Acts 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 an 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 available 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 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 joint resolution, the pertinent project or activity
shall not be continued except as provided for in section 111 or 112
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.
(c) Whenever an Act 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: Provided, That where an item is funded in
the applicable appropriations Act for the fiscal year 1995 and not
included in the version passed by the one House 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 111 or 112
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.

228684d7d29a31592bdd994e6c17d959c253f04eb68f34c7d5fe6580d389dbad

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.

4ad6211845fb875269281104e975b413c51b971be81f11e61bd0611290238d0f

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

c0ff718b7cee924615329030a7866acfc769b1771a17ad89aa7c039d8fd10222

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.

a61814195362e58a81314e5bbf4caca300d5b083ca81ede1edd9a6a6cd37fdef

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.

a5dc19bba802ae4afdff92445f07ffe1c0dfec7f6a72e9ccda1d150dd43e65a8

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 into law of the applicable appropriations Act by both Houses
without any provision for such project or activity, or (c) November 20,
1995, whichever first occurs. For purposes of this joint resolution,
the period of time covered by this joint resolution shall be considered
to have begun on November 14, 1995.

efeaa3651b89ff6603758a0cac3d9192e7198d118b6b9a785066afb7b94bfc38

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.

0ecb526e54eaeea1aeb9672b2c31c5411c7e64399d56584caaa83fd70a77232e

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.

22f56829cb698d948df4cc34840523a43edb541b9965f02b9b89e67d24fce614

year 1996 referred to in section 101 of this joint resolution that
makes the availability of any appropriationprovided 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.

f50583b6a5a516feaa6557b1c2c2ef5a149ce91aa121f2c44138a5d073f8454a

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.

51d9bb6e050bb5bd34e63bd4464fd4bedc07a4655901f2dc8ba4023d40e069b3

resolution, except section 106, whenever an Act listed in section 101
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 an Act
listed in section 101 has been passed by only the House or only the
Senate as of the date of enactment of this joint resolution, 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 25 percent.

b65fa042d6d41d1e7a129a9dfc583c67dd88e970aca56eecac6a6f3464a12c98

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 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.

599516587c49c81e5f5e1b07cf8d35338dfafd7629c0c894136ca94d667d1296

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.

8d987f5dae03eb41ef89ee8c968f2e855999af7d14fe813919a1cda0a238025c

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

ec3a51265ccacfe8a89ad7f076e3c8bc311300e359f9d86579cf3698dcfbfd8d

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 $15,000,000 above
the amount otherwise made available by this joint resolution, for
purposes of certain capital construction loan repayments pursuant to
Public Law 85-451, as amended.

7ea4b6690c99eda39c2a7c5e5ea4e574e92c581915986a829e9acfae4dc29317

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.

d13df28f958ee6bae0e7bb634b49e492e418f354cbe9d798fc7e34415e345195

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.

3f053c7f006f985ae232985c10af4ea6f87b9bdb211e59e1b3b9b281c92a0d5d

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.

f6a5f7243a83afb3e729e533d6d6d4f755b77a39d35e36af32d7231c2e4bfd3f

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.

d2b4b924ed7d55109f1725711d68700b4a79659e5c5c4338521d5be657875e37

entire fiscal year ending September 30, 1996, for the Department of the
Interior and RelatedAgencies, 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.

5d23e154084e5509f9e6970334915490115a6926f2e31b3df4f0d6c597da9867

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.

9c9b42c70ea037c5effebbbc9ef15e94346717dc2f08b07506c62cd821d4c014

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.

dbf5e224948d34606d8ec821ba495cbb96f5b48483c27affdc273cd86035b0e8

resolution, except section 106, the rate for operations of the
following projects or activities shall be only the minimum necessary to
accomplish orderly termination:
Administrative Conference of the United States;
Advisory Commission on Intergovernmental Relations (except that
activities to carry out the provisions of Public Law 104-4 may
continue);
Interstate Commerce Commission;
Pennsylvania Avenue Development Corporation;
Land and Water Conservation Fund, State Assistance; and
Office of Surface Mining Reclamation and Enforcement, Rural
Abandoned Mine Program.
TITLE II

4e72c249aceef5557c9dd67cb55aa723ff6ce6bef6e9da8b7c1784f79c9f09e6

(a) Waiver.--The provisions of sections 106 and 107 of title 1,
United States Code, are waived with respect to the printing (on
parchment or otherwise) of the enrollment of any of the following
measures of the first session of the One Hundred Fourth Congress
presented to the President after the enactment of this joint
resolution:
(1) A continuing resolution.
(2) A debt limit extension measure.
(3) A reconciliation bill.
(b) Certification by Committee on House Oversight.--The enrollment
of a measure to which subsection (a) applies shall be in such form as
the Committee on House Oversight of the House of Representatives
certifies to be a true enrollment.

34b61cf631d300e7dfadd04bfc8b02887b865a81b90dce8228f648f4e535aeaf

As used in this joint resolution:
(1) Continuing resolution.--The term ``continuing resolution''
means a bill or joint resolution that includes provisions making
further continuing appropriations for fiscal year 1996.
(2) Debt limit extension measure.--The term ``debt limit
extension measure'' means a bill or joint resolution that includes
provisions increasing or waiving (for a temporary period or
otherwise) the public debt limit under section 3101(b) of title 31,
United States Code.
(3) Reconciliation bill.--The term ``reconciliation bill''
means a bill that is a reconciliation bill within the meaning of
section 310 of the Congressional Budget Act of 1974.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3bf2ff59e054fbf112ef134ff421238060b89f56e17638816ce55e7d1a0fbef8

Continuing Appropriation (third)

Other Sections

Want the full experience?