Excerpt from, Continuing Appropriations for the Fiscal Year 1996, relating to the Smithsonian Institution.

PUBLIC LAW 104-31 SEPT. 30, 1995

CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1996

•

.•

109 S'I'A ^1'. 278 PUBLIC LAW 104-3 1-SEPT. 30, 199G

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 Inforn1ation 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 .A.ppropriations 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 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 perntitted 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-1line 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 avatlable or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropnations, funds, or other authority were not available during the fiscal year 1995.

,

pro re ol level rat

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la _le

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v an

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JOl

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 these 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 perntitted 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 defmed 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 joiut 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.

,

109 STA'l,. 282 PUBLIC LAW 104 31-SEP'l,. 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 heatth and safety and related research, materials partnerships, and minerals inforn1ation activities; for mineral assessments in Alaska; and for ternlinating 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.

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PUBLIC LAW 104-54 NOV . 19, 1995

FURTHER CONTINUING APPROPRIATIONS,

FISCAL YEAR 1996

•

v. 9, 1995 J Res. ^23]

'

· ublic Law 104 54

104th Congre

Joint Re · ol tion

Making furth r co inuing appropri tion for th fiscal ^{year ·} 996, and for o her purpo e .

Resolved by the enate and Hou e of Representatives of th United States of America in Congre s assembled, That he folio

sum are h reby

appropriated,

out of any

money

in

the Tr

a ur

not otherwi e appropriated, and

^t

of applicable corporate or other revenue , receipt and funds, for the several department

^agenc1e

corporation , and oth r organizational units of Gover11ment for th

·

fiscal year 1996, and for other purposes, namely:

TITLE I

CONT NUING APPROPRIATIONS

SEC

101. (a) Such amounts as may be necessa

^y

under th authority and conditions provided in the applicable appropriation Act for the fiscal year 1995 for

continuing

projects

or actiVItie~

mcluding the

cost of direct loans and loan guarantees (not

other-

wis pecifically provided for in this

joint r,esolution)

which

were

conducted in

th fi cal

year

1995 and

for

which

appropriation fund , or other authority auld be available

in

the following appro- priatio s Act :

The Departm nts of Commerce, Justice, and State, th

· Judiciary, and Related Agencies Appropnations Act,

1996,

not-

withstanding section 15 of the State Departme

t

Basic Authori- ties Act of 1956, ection 701 of the United States Informat·o and Educational Exchange Act of 1948, section 313 of the Foreign Re ation Authorization Act,

^Fi

cal Year 1994

^and 1995

(Public

Law 103-236), and

section 53 of the Arm

Control

and Disarmamen Act·

The Depa ment of Defen e Appropriations Act, 1996, not-

with tand ng ect1on 504(a)(l) of the National Sec

rity

c

of

1947;

Th ·

D1

tr1ct of Columbia Appropriations Act,

1996·

Th Fore·gn

Operation , Export

Financing,

and R

.

late Program

.

ppro .

riat

o Act,

1996, notwithstanding

ectio

10

of Public

Law 91-672

and section 15(a) of

the

State epart- ment Ba ic

Author1t1e

Act of 1956·

The Depar ent of the

·Interior and Related

Age ci Appropr· tion Ac

^1996·

The D p

,

artment of Labor Health and Human

_....

....

d Ed cation, nd Related

Agenc1e

Appropr· ation Act

Th L

-

·

lativ

an h Appropriation Act

1996 ^{• •} 2492;

PUBLIC LAW 104-54 NOV. 19, 1995 109 STAT. 541

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 avail- able 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 r esol uti on, 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 o r the Senate, whichever is lower, under the authority and condi- tions provided in the applicable appropriations Act for the fiscal year

1995:

Provided, That wh er e an item 1s not includ ed

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 provid ed for in section

111

or

112

under the appropriation, fund, or authority granted by the applicable app ropriations Act for the fiscal year

1995

and under the authority and conditions provided in the applicabl e approp riations Act for the fiscal year

1995.

(c) Whenever an Act li ted in thi ection has been passed by only the Hous e or only the Senate as of the date of enactment of thi joint r esol ution, the pert1nent project o r activity shall be continued under the appropriation, fund, or autho rity granted by the one House at a rate for operations not exceeding the current r te or the rate permitted by the action of the one House, whichever

i

lower, and und er the authority and condition provided

in

the applicable appropriations Act for the

^fi

cal year

1995:

Provided, That where an item is funded in the applicable appropriations

ct for the fiscal year

1995

and not included in the version passed

by

the one Hou e a of the date of enactment o f this joint resolution,

tl1e

pertinent proJect or activity hall not be continued except as provided for in ection

111

or

112

und e r th e appropriation, fund, or authority granted by the applicable appropriations Act for the

fi

c 1 year

1995

and und er the authority and conditions provided

i11

th applicable app r opriation Act for th e

fi

cal year

1995.

FC. 102.

o appropriation or fund mad e available or authority ' nt d pur u nt to ection

101

for the D epartment of Defense . 11 ll be u d for new production of it em not funded for production

111 fi"

c l · r

1995

or prior year for the increa e in production

~·~.

. bo\ ho e u tained

\vith fi

cal year

1995

funds, or to

1111 1 ~ ~<.'

un1e_, or con inu e an · project activity ope ration or ora

n1za 10!1 .''

l11cl1 ar defined a, an .. · project ubproject, activity budg

ct1v1t ^r

program el n1 nt, nd ubprogram \vithin a pro-

Ill

1

^{111 11t}

and or

inve. tn1en

item are further defined a

P-1 lin it ^Ill

in bttda

t

c

ivit.Y '' i

hin an appropriatio n account

• •

'

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1·

^{i .}

1 I

1

m

wi , w

1c

1 · t1on , n , o 1l du ·

t

^{1' c}

I

^y r .995:

Pr vt d,

ion o fu

d

mad· av ilabl o au tho ^"ty t . p

t

^{t ct1on 101 ~}

th epartm ^t of D fe 11 to ini

·at

m It -year

pro

ur ment util.zing · dvanc procur m

t f d

g

for

economic ord _ r quantity proc r me t nl ecifical ^y appropriated la r .

SEC. 103. Appropriatio mad by ectio 101 hal be ava·lab e to the xtent and in the rna whic wou d be provid d by

the

pertinent app~ropriation Act.

SE . 104.

No

appropriation or

fun made

available

or aut ori

^y

granted pursuant to ection 101 hall be used to initiate or re urn

any project or activ ^ty for which appropriation , fund , or other authority were not available during the fi cal year 1995.

SEC. 105. No provi ion which is included in an appropnat1o

Act enumerated in section 101 but which wa not included in the applicable appropri tion Ac for fi cal year . 995 and whic by its term i applicable to more than one appropriation, fund, or authority hall be applicable to any appropriation, fund, o authority provided in this joint r solution.

SEC 106. Unless otherwise provided for in this joint re olution or in the applicable appropriation 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 into law of the applicable appropriations Act by both Houses without any provision for such project or activ- ity, or (c) November 20, 1995 whichever first occurs. For purpo e of this joint resolution, the period of time covered by this joint resolution shall be considered to have begun on November 14

1995.

SEC. 107. Appropriations made and authority granted pursuan to this joint resolution hall cover all obligations or expenditures incurred for any program, project, or activity during the period for which funds or authority for uch project or activity are available under this joint resolution.

SEC. 108. Expenditure made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authoriza- tion whenever a bill In which uch applicable appropriation, fund or authorization i contained is enacted into law.

SEC. 109. No provi ion ¹ⁿ 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 de- pendent 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 apportionment et forth in section 1513 of title 31 United States Code but nothing he e·n hall be con trued to wa·ve any

other provi ion of law gave ning the apportionment of funds

SEC. 111. Notwith tanding any other provision of th1 joint resolution ex ept ection 106 ,ever an Act li ted in ection

101 as pa ed by both ^t Hou and Senat a of th d te of enactment of

thi

^JOint e o u ion doe not Include fund"ng for

PUBLIC LAW 104-54 NOV. 19, 1995 109 STAT. 543

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 condi- tions 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.

o 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 r esolution bears to 366. For the purposes of the Act, the minimal level m eans a rate for operations that is r educed from the current rate by 25 percent.

SEC. 112. Not\\'ithstanding any other provision of this joint re olution, except section 106, whenever the rate for operations for any continuing project or activity provided by section 101 or

ection 111 for which there is a budget reque t 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 grant shall be awarded in excess of

an

amount that bear the arne ratio to the rate for operations provided by this section as the number of day covered by thi resolution bears to 366.

EC. 113. Notwithstanding ^any other provi ion of this joint re olution, 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 fi cal year in fi cal year 1995

bee ^tl of di tribution of funding to tate , foreign countrie gr c 11te , or other , imilar di tribution of fund for fi scal year

1996 ~ hall not be made and no grants hall be awarded for such program funded by thi re olution that would Impinge on final funding prerogatives.

r: . 114. Thi joint re olution hall be 1mplemented o that

on

I th mo t limited funding action of that permitted 1n there olu- tion hall be tak n in order to provide for continuation of project and cti itie .

EC. 115. Th provi ion of ection 132 of the Di trict of Colum- bic ppropriation Act, 1988 Public LaYl 100-202, hall not apply

for l1i" joint ^r olution. Included in the apportionment for the F d r 1 ay1ncnt to the Di trict of olumbia hall be an additional

\~ 1 000,000 bov h amoun oth envi e made available by thi

JOlll r olt1tion for purpo e of certain capital con truction loan r p ^{' Ill} nt. pur

uant

to Public L ^\V 5-451, a amended.

E . 116. ot\vitl1 tanding ny oth r provi ion of thi joint

r

o lu

^io11, xc pt cc ion 106, tl1 uthori ^r and condition for tl1 J)plic t ion of' ppropri ion'" for tl1e ffic ofT chnology ^{e -}

111 nt ^~ con ⁱ¹¹ d in th confer nc r por on the Legi"Jativ 1 r ^IlCll \ppropri tio11s ct, 1996, H ou R por 104-212, hall b

oliO\\ \Vl ^JJ ppl · ng h ^~ ftu1d1ng ^nl( d avail, ble b thi join

r olution.

17

olut· n,

th R ·

bilit

i

De ttm nt of

, ^y

rs th s m o

t ^{or o}

t

,

· .n o

t ¹ j · f

f ing

ch

account

· t

o amo nt

t ... ^~ t

o for

t i

accou numbe

·

of

day cover

provided by thi joi

t

r

·

o tio

by

thi reso ution bear o

366.

SEC.

118. Notw.th

t

ndin

any

other provi ion of thi

JOi

olution, xcept e · 106, he au horities provided under ub.

ection (a) of ectio 140 of the

.

o

·gn

Relat

·ons Authorizatio

Act, Fiscal Year 1994 and 995 ( ublic Law 103-236) shall

rem · in

effect during the

per1od

of this join resol t·on, notwith

·tandin paragraph (3)

of

aid

ubsection.

SEC.

119. Notwith tanding

^any other provision

of

thi join

resolution, except

section

106, the

amo11nt

made available to th Securities

and Exchange Comm1 · 1on, under the heading

Salane and Expenses, shall include, in addit"on to direct appropriation ,

the

amount

it

collects

under

the fee

rate and offsetting

collection

authority contained n

Public

Law 103-352,

which

fee rate and offsetting

collection

authority

shall remain

in

effect

during

th

period

of

this joint re o

ution

SEC. 120. Unti

enactment of legislation provid"ng

fundi11g

for·

the entire fiscal year endmg September 30 1996,

for the

Depart-

ment of the Interior and Re ated Agencies, funds available for

.necessary

expenses of the Bureau of Mines are for contint1ing lim-

ited health and afety and related research, materials partnership

and

minerals information activities;

for

mineral assessments

in Alaska; and for terminat1ng

all other activities

of the Bureau of

Mines.

SEC.

121. Notwithstanding

any

other provision of this joint resolution, except section 106, funds for the Environmental Protec- tion

Agency .

hall be made available in the appropriation accounts

which are

provided

in

H.R. 2099 as reported on

September

13,

1995.

SEC.

122. Notwith tan ing

^any

other provision o

_

f 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 Organization '

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 multipl· ed further

by

1.27.

SEC.

123. Notwithstanding

any

other provision of

this

joint resolution, except ection

106,

the rate for

operat~ons

of the

follow- ing

projects or

activ"t1e

sha

I

be

only

the minimum necessary to accomplish

orderly termination:

Admini trative

Conference of the

United States;

Advisory

Co mis ion on Intergovernmental Relat· on

(except that activitie to carry out the provisions of Public

Law 104-4 ^may continue);

__ terstate Com

.erce

Commi

,

ion;

Pennsylvania Avenue Development Corporation;

Land and Water Con ervation Fund,

State

Assistance· and

Office of Surface Mining R clamat on and nforcement,

Rural Abandoned M. e Program.

.

PUBLIC LAW 104-54 NOV. 19, 1995

TITLE II

109 STAT. 545

EC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

(a ) ^WAIVER. The provisions of sections 106 and 107 of title 1, U nited States Code, are waived with r esp ect to the printing lon parchment or otherwise) of the enrollment of any of the following

measures of the first session of the One Hundred F ourth Congress pre ented to the President after the enactment of t hi joint r esolu-

tion:

( 1) A continuing r esolution.

(2) A debt limit extension measure.

(3) A r econciliation bill.

(b ) CERTIFICATION ^BY CoMMI'ITEE o ^r

Ho u

^E OvERSIGHT. The enrollm ent of a m easure t o which ubsection (a ) applies shall be in u ch form as the Committee on H ouse Oversight of the H ou e

o f

Representative certifies to be a true enrollment.

1 USC 106 note

E . 202. DEFINITIONS. 1 U C 106 note

A, u ed in thi joint r esolution:

( 1 ) Co1 "TINUING RESOLUTIO ^T The t erm "continuing r e olu- tion" rn ean a bill or joint r esolution that include provi ion m king further continuing appropriation for fi cal year 1996.

( 2 ) D EBT LIMIT EXTE1 SIO ~1EASURE. The term debt limit exten ion m easure" m ean a bill or joint r esolution that include provi ion increa ing or waiving (for a temporary period or otherwise) the public debt limit under ection 3101(b ) oftitle 31 UnitedState Code.

(3) RE ⁰ "CILIATIO ^r BILL. The term 'r econ ciliation bill

n1ean a bill that i a r econ ciliation bill \VIthin the m eaning ofs ction 310 of the Congre sional Budget ct of 1974.

I Li\'11 \ ^I~ Ill T RY- li.J. R s. 123:

I H ~~ I J\ L H 1!, [ I , \ ⁰ I. 1•11 ( 19 9 5 ):

o ¹ 1 • con 1d r d nd p d I lou~ .

ov l • on 1d r d nd p d n t , ⁿ¹ nd d. Iiou concurr d in nat n1 ndrn n

0

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PUBLIC LAW 104-56 NOV. 20, 1995

FURTHER CONTINUING APPROPRIATIONS,

FISCAL YEAR 1996

• '

•

Publi Law 104-56 104th Congre

Joint Resol tion

995 king further con inuing appropri ion forth fi cal · r 1996 nd foro her

1221 purpo e .

Re olu d b the enate and

Hou

e of R pre · entativ of

th

Unr,ted · tate of America in Congr · a embled Tha ^t e follo in

um re h by appropriated ut of an mone i th .. Tr a ur ot oth rwi · e ppropriated and out of a plic b1 co para o other revenu r ceip , and fund , for he . veral departm n gencie corporation and other organizational unit of Governmen for ,

fi cal year 1996 and for other purpo es, namel : TITLE I

CO TI UING APPBOPRIATIO . S

SE . 101. (a) Such amounts a may be nece a ^y under t

authority and condition provided in the appl1cable pprop iati n Act for th fi al ^y ar 1995 for continuin proj ct or c i i i including th co t of direct loan - and loan guar ntee (not oth · ·· - wi p . ific ·11 provided for in thi join re olu i n hich

conduct d in the fi cal ear 1995 and for · hich app op iation fund or other authorit would be a a1lable in th olio ing ppr -

priation Act :

Th D partm nt of Cornmerc . Ju tic and St te

Judiciary nd R l ted Agencie Approp iation Act 1996

ot-

wi h tanding ction 15 of the Stat Depar m nt B - · c Author ie Act of 1956 ection 701 of the Uni d St te I formation and Educational E change Act of 948 ect·on 313 of ^t

For ign Rela io horiza ¹⁰ Act Fi c l Y ar 1994 and 1995 (P bl"c Law 103-236) and ect·on 53 of th m ont l and

n·

^{rmam nt Act·}

Th - Dep rt n of De£ n e ppropri ion At 199 . n ^~ w · t ^t n in c ion ^{04(a 1} of th · o · l ri

of 194 7·

Th

i tric of olumbta ppropria ion The or -i p ra · o · port Fi Pro m ppropria ion Ac . 1996 no

0 of .blic Law 91-672 and . ec io 5 ment B ic u ho · ·e c f 1956·

Th D pa ^I of e I ter1or n ppropr

T

2492·

1996·

L _l

199·6·

nd 1 nc1n •

"th nd"ng ti

of

h ^t D p ^{r -}

I d

Hum

PUBLIC LAW 104-56 NOV. 20, 1995 109 STAT. 549

The Department of Tran s p ortation Appropriations Act , 1996;

The Treasury, Postal Service, and General Government Appropriations Act, 1996;

The

Departm

ents of Vet e rans Affairs and Housing and Urban

Developm

ent, and Independent Agencies Appropriations Act, 1996:

Provided, That whenever the amount which would be made avail- able or the authority which \vould be granted in these Acts is greater than that which would be available or granted under current op erations, the pertin e nt proj ect or activity shall be continued at a rate for operations not exceeding the current rate.

(b ) Whenever the amount \vhi ch would b e made available or the authority which would b e granted und e r an Act listed in this ection as passed by the Hous e as of the date of enactment of this joint resolution, is diff e r e nt from that which would be available or granted under such Act a pa sse d by the S e nate as of the date of enactment of this joint r esoluti on, the p e rtinent pr oject or activity shall b e continued at a rat e fo r op e rations not exceeding the current rate or the rate p e rmitt e d by the action of the Hou e or the Senate, whichever is lO \\· e r , und e r the authority and condi- tion provid e d in the applicable appropriations Act for the fiscal year 1995: Provid ed, That where an item is not includ e d in eithe r ver ion or where an it e m

i

included in only one version of the Act a pass e d by both H ous e as of the date of enactment of thi joint resolution , the pertinent project or activity shall not -

be continued except a pr ovid ed for in ect ion 111 or 112 und e r the appropriation, fund, or authority granted by the applicabl e app r opriation Act for the fi cal )'ear 1995 and under the authority and conditions provid e d in the applicable appropriations Act fo r the fi '"ca l year 1995.

(c) Wh e never an Act li ted in thi ection ha be e n pa ed by only the Hou e or only the enate a of th e date of enactment of thi joint r eso luti on the pertinent project or activity hall be co ntinu e d und e r th e appropriation fund, or authority granted by tl1 o n e Hou e at a rat e for operati on not e xc ee ding the current

rate or th e rate p e rmitt ed by the action of the one Hou e, which ever

i

lo\v r nd und e r the authorit. and conditions provided in the pplicable appropriation Act for the

fi

cal year 1995: Pro vided}

'I'h

\vh e r e a n it e m i funded

1n

the app licabl e appropriation c for the

fi

cal year 1995 and not included in th e ver ion pa ed b th one H c u e a of the date of enactment of this joint r eso luti on,

h p rtinent proj ect or activity hall not be continued e xc ept a provid Gl fo r in ection

111

or

112

under the appropriation, fund

o r

^<

uth or1ty grant d b the appl1cable app r op riati on Act for the

fl ^{1 ' ar}

^ll

95 and under the authority and condition provided

111

tl1 applicable appropriation Act for the

fi

cal year 1995 .

.. I~ ^.

102 .. o appropriation or fund made available or authorit) r n d pur

tJant

to ection

101

for the Department of D efen e

. 11

ll u d for n ' J)roduction of item not funded for production

111 fi ^Cf

J \

^r 1

95 or prior

ear~.

for he increa e in production r

l1o ^tl

tained '' ith fi cal Year 1995 fund or t

o

• • •

1111 l t,

1: ^urn

^{. Or}

^{COn inu}

^e

^{anw · pr}

^O

^Je Ct. activity operation or

t1o. n. '"hl h r d fin d as an\! pr

o

j

e

ct, ubproJect ac i\!

i '

.. 1\ 1t..

pro"r

^JJl

1

^n1e11t.

and ubprogram \\:lthin a pro-

r

n l

^11'1 n nd ~

r in\ trn

^{11 t} iten1

ar further defined a

l - 1'11 i n1 i11

u

act1' it.Y \\ i

hin an appropriation acc

ount

•

u

li m l

c ^I

, for v il . I

d

·ch

t

1 ' ti fi l

d ·1 bl or

th p rtm n t o :D

p ocu m nt . t1lizi g . vane p

ord r qu

ntity

p ocur men nl

E . 103. App opriatio mad to

t · t

^t a

d

in

the

rna n

. ti

ct1on 01

£

t multiy ar

c m ^I f nd·ng for -co omic p -

c fie

lly appropriated

lat

r.

by ctio , 101 all be available 1ch w uld b provided by

the

p tin nt ppropriat· on Act .

. 104. o appropri tion o fu d . ad - ail bl or au o ity grant d pu nt o ection 101 II b u d to ^in~ti t or re -ume any proj c or activi y for hich a p op i

t

^{·on fund · r oth r}

autho ity w r t av il ble duri g the fi ca ar 1995.

S _. 105.

o

provi ion h·ch i includ d i . an appropriat·on Act en urn a -d in ecti n 101 but hich a no included in

the

appl1c bl p ropri ion Ac fo cal y ar 1995 and which by

it

t rm i pplicabl o mo than on propriation, fund or auth ity h 11 b pplicable o any appropria ion, fu d, or authority provided in

thi -

joint r solu ion.

S c.

106. Unl otherwi e provided for in thi joint re olut1on or in the applicable appropriations Act appropriation and fund made available and authority granted pur uant to thi jo.nt re olu- tion hall be available until (a) enactment into law of an appropria- tion for a y proj ct or activi , y provided. for ·n thi jo ·nt re olut· on or (b) th enactment into law of the applicable appropriation Act by both Hou e without any provi ion for uch proj ,ct or activ- ity, or (c) Dec mb r 15 1995 hichever fir t occur .

SEC. 107 Appropri ion made and authority granted pur uant to this join ol tio h ll cov r all obligation or expenditur incu red £ r ny program project, or activit during the period for which fu d or authori y fo such project or ac ivity are availabl ·

under th. jo ^·nt re l tion.

SE . lb8. Expenditur made pur uant to thi joint re olution hall b cha g d o the applicable appropriation, fund, or authoriza- tion wh n ver a bill in hich uch applicabl appropriation fund or autho ~·za ion i cant ined i enacted into la .

SE . 109. o p ovi io ·n he appropriation Act for th fi cal year 1996 r £ rr d to in ection 10 of th1 joint re olut1on that

make th vailab 'lit of any appropriation provided therein depend nt upon the nactment of additional author·z ng or othe legislatio h~all b f£ cti'r b · fo th date et £ rt in ection

106(c) o th. join r olu ion.

SE . 10. App pri · and fund m d av i abl by

authority nt d pu .u nt to thi join re olu io m . · be u d withou r rd o th tim limitat· on for ubmi ion nd approv I of apportio m t

t

forth ·n ec Ion 1513 of titl 31 Unit d Stat od but no n her in hall b con trued to aiv a

other pro · ion of l go rning th apportionment of fund .

S . 111. ot · · ding ~ oth r pro i ion f hi join re elution ction 06 h · an Ac li · d in ctio 101 a p _' b .

t

^. I u ^.. en

t

a of h d

. n ct 1 1on . inclu fu d1 ^r

· c c i · fa . ich i a bud t qu

c li ^~ · d in ec ·on 10 be n p d b

nl h a of h of n ctm

PUBLIC LAW 104-56- 0\ · . 20 1995

this joint re olution, and an item funded in fi cal year 1995 i not included in the version pa ed by the one Hou e, or \Vhenever the rate for operation for an ongoing project or activity provided by ection 101 for which there is a budget r eque t would r e ult in the project or activity being ignificantly reduced, the pertinent project or activity may be continued under the authority and condi- tion provided in the applicable appropriation Act for the fi cal year 1995 by increasing the rate for operation provided by ection 101 to a rate for operation - not to exceed one that provide the minimal level that would enable exi ting activitie to continue.

o new contract or grant hall be awarded in exce of an amount that bear the arne ratio to the rate for operation pro,.rided b~y

thi ection a the number of day covered by thi re olution bear to 366. For the purpo~e of the Act, the minimal level mean a rate for operation that i reduced fron1 the current rate by 25 percent.

EC. 112. otwith tanding any other provi ion of thi JOint re elution, except ection 106 \vhenever the rate for operation for any continuing project or activity provided by ection 101 ^or

ection 111 for which there 1 a budget reque t would re ult in a furlough of Government employee , that rate for operation may be increa ed to the minimum level that would enable the furlough to be avoided. o new contract or grant hall be awarded in xce

of

an amount that bear the an1e ratio to the rate for operation provided by thi ection a the number of day covered

by thi resolution bear to 366.

EC. 113. otwithstanding any other provi ion of thi joint re olution except ection 106, 111, ^and 112 ^{for tho}

e

^program

th t had high initial rate of operation or complete di tribution of funding at the beginning of the fi cal year in fi cal year 1995

b cau e ^of di tribution of funding to tate , foreign countrie grant e , or other imilar di tribution of fund for fi cal year

1996 hall not be made and no grant hall be a\varded for uch program fund d by thi joint re olution that would impinge on final funding prerogati e .

F.~~. 114. 'l'hi joint re elution hall be implemented o that

onl ,

th ^{mo t limited funding} action of that permitted in the re olu- ion hall be taken in order to provide for continua ion of proJect

nd activiti

EC. 115. Th provi ion of ection 132 of the Di trict of olum-

bi ppr-opriation Act 19 Public La\v 100-202 hall not apply' for hi joint r c elution. Included in the apportionment for the 1• d ral Payment to the Di trict of olumb1a hall be an addi ional . 16 575,016 abov the amount otl1er\vi

e

n1ade availabl b _... tl11 JOint r elution for r eimbur en1ent to the nited tate of fu11d

loan d for c r ain capital in1provement project pur uant to Public lJ '' 1-364, ~ amend d; Public La\v 5-451 a amended·

a11d

lublic La\\ 86 -515 a an1ended, includ1ng inter

t

a r qt1ir d

th ^r bv. ^~

I!. . 116. ot\vith tandir1g an other pro i ion of thi joint

r }ution ^XC pt ection 106. tl1e authorit' and COndition for h pplicc; t1on

of,

^ppropria ion for he Office ofT chnolo .. '

n1 n ~ \; contc

i11cd

in th conference r port on the L gi .. I, i\

r n ~11 \ppropriation ct. 1 96, Hou c Report 104-212 hall be

llO\\.('~ \\'11 n ppl .. ring l1 ft111di11g n1ade availabl b)' tl1i joint r olut1on.

•

- .

^v _'

l •

r

r

by i j i i lutio

h

b 6.

8. tw· h ^{y 0 • •}

} , i n, c pt ct · , 06,

tion (a) of c ion 140 f th o · A i al e 994 and 1995 (P bli L

·n f£ ct du ¹ g ^t e period f thi j int ⁰

p . ragraph (3) of a1d ub c io .

SE . 119. Notwith tand1ng any o h r p ovi i

re ·olu ion, e· cept ection 106

th

m u m

d

av S curit. and E chang C mmi ·an n he

and Expen e hall includ , i a , it on o d. c the ·mount it coli · c · u der the £ e rate . nd of authority contain d in Public L w 103-352 wh c off: ett.ng collection au hority hall

remain

in f£

period of thi joint re elution.

) •

r

v d

• ^{• •}

1 JO

•

1

1ng .

• •

o 1a o

ing co lee ton

£ ^t and d . g h

SE . 120. Un il enactm nt of legi lation providing funding

£

r the enti e fi cal ye r ending September 30, 1996 for th D art- ment of the Interior and Related Agencie fund available for nece ary expens of th Bureau of Mine are for continuing lim- ited health and afety and related re earch material partner hip

and min ral information activitie · for mineral e men in Alaska; and fo t rminat· g all other activi ie of th Bureau of

Mine

SEC. 121. No with tanding any other provi -ion of hi j i resolution exc ^p ection 106, fund for the Enviro rn ntal P o c- tion Agency hall

be

made available 1n

he

appropriat·o ccount · which are provided ¹ⁿ H.R. ²⁰⁹⁹ a reported on ept mber 13

1995.

SE . 122. Notwith tanding any other provi .·o of t i join resolution, exc pt ection 106, the rate for operation for project

and act vitie t at would b funded und r he heading Inter- n tional Organization. and Conference , Cont ibution to I ter- national Organization · in the Department of Commerce Ju ice and Sta e, ^t Judie· ar and Related Agencie Approp ·a ion ct

996, shall b the amou t rovided by he provi ion of ection 101, 111, and 112 multipli d by the ratio of the numb .. r of y covered by thi join re olution o 366.

SEC. 123. Notwith ^t nding an o her provi io of th1 joint resolution, e c pt ect·on 0·6, th r e for opera · ion of th

ing project or act·v·tie h 11 be onl th minimum n c to accompli h orderl rm·nation:

r

Admini ^t tiv Cor:£ rene . f th ni d a e ·

Adv1 o y o i · o n In ergove nmental Rel tion (except that a. tiviti to carr out h pro i io of Pu lie

Law 104-4 ^ay con ·nue)·

nter tat omm ce Commi ion·

enn ylvani A . u De lop ent Corpor t. o ·

L d n W r Co · rvation u -- d . · n

Offic - of f e ¹ ing cl a io · n En£ r m

Rur in P o m.