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FURTHER CONTINUING APPROPRIATIONS, FISCAL YEAR 1996
[[Page 109 STAT. 548]]
Public Law 104-56
104th Congress
Joint Resolution
Making further continuing appropriations <<NOTE: Nov. 20, 1995 - [H.J.
Res. 122]>> 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
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 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;
[[Page 109 STAT. 549]]
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.
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 program element and for investment
items are further defined as a P-1 line item in a budget activity within
an appropriation account
[[Page 109 STAT. 550]]
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 multiyear 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.
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 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) December 15,
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 authorization
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 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
[[Page 109 STAT. 551]]
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.
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 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.
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
joint 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 resolution
shall be taken in order to provide for continuation of projects and
activities.
Sec. 115. The provisions of section 132 of the District of Columbia
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 $16,575,016 above the
amount otherwise made available by this joint resolution, for
reimbursement to the United States of funds loaned for certain capital
improvement projects pursuant to Public Law 81-364, as amended; Public
Law 85-451, as amended; and Public Law 86-515, as amended, including
interest as required thereby.
Sec. 116. 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 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.
[[Page 109 STAT. 552]]
Sec. 117. 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 joint resolution bears
to 366.
Sec. 118. Notwithstanding any other provision of this joint
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.
Sec. 119. 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. 120. Until enactment of legislation providing funding for the
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.
Sec. 121. Notwithstanding any other provision of this joint
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.
Sec. 122. 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 ``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 joint
resolution to 366.
Sec. 123. Notwithstanding any other provision of this joint
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.
[[Page 109 STAT. 553]]
Sec. 124. Compensation and Ratification of Authority.--(a) Any
Federal employees furloughed as a result of a lapse in appropriations,
if any, after midnight November 13, 1995, until the enactment of this
joint resolution shall be compensated at their standard rate of
compensation for the period during which there was a lapse in
appropriations.
All obligations incurred in anticipation of the appropriations made
and authority granted by this Act for the purposes of maintaining the
essential level of activity to protect life and property and bring about
orderly termination of Government functions are hereby ratified and
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