[Congressional Record Volume 141, Number 185 (Sunday, November 19, 1995)]
[House]
[Pages H13343-H13345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          FURTHER CONTINUING APPROPRIATIONS, FISCAL YEAR 1996

  Mr. LIVINGSTON. Mr. Speaker, I ask unanimous consent that it be in 
order to take from the Speaker's table the joint resolution (H.J. Res. 
123) making further continuing appropriations for the fiscal year 1996, 
and for other purposes, with the Senate amendment thereto, and to 
consider in the House a motion offered by the chairman of the Committee 
on Appropriations to dispose of the Senate amendment, that the Senate 
amendment and motion shall be considered as read, that the motion shall 
be debatable for 1 hour equally divided and controlled by the chairman 
and the ranking minority member of the Committee on Appropriations or 
their designees, and that the previous question shall be considered as 
ordered on the motion to final adoption without intervening motion.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. LIVINGSTON. Mr. Speaker, pursuant to the order of the House of 
today, I call up the joint resolution (H.J. Res. 123) making further 
continuing appropriations for the fiscal year 1996, and for other 
purposes, and I offer a motion.
  The Clerk read the title of the joint resolution.
  The text of the Senate amendment is as follows:
       Senate amendment:
       Strike out all after the resolving clause and insert: 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;
       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 

[[Page H 13344]]
     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 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 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) November 20, 1995, whichever first occurs. 
     For purposes of this resolution, the period of time covered 
     by this resolution shall be considered to have begun on 
     November 14, 1995.
       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 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 for 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 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 $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.
       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.
       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 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 

[[Page H 13345]]
     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 resolution to 366 and multiplied further by 1.27.
       Sec. 128. 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.

                                TITLE II

     SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING

       (a) Waiver.--The provisions of sections 106 and 107 of 
     Title 1, United Stats 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.

     SEC. 202. DEFINITIONS.

       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.


                    motion offered by mr. livingston

  Mr. LIVINGSTON. Mr. Speaker, I offer a motion.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Livingston moves that the House concur in the amendment 
     of the Senate.

  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the gentleman from Louisiana [Mr. Livingston] and the gentleman from 
Wisconsin [Mr. Obey] each will be recognized for 5 minutes.
  The Chair recognizes the gentleman from Louisiana [Mr. Livingston].
  Mr. LIVINGSTON. Mr. Speaker, the resolution before the House will 
enable all Federal workers to return to work tomorrow.
  The Senate has amended House Joint Resolution 123, the rifleshot 
continuing resolution we did yesterday by inserting the text of House 
Joint Resolution 122 with three changes.
  First, it changes the date to tomorrow at midnight.
  Second, it changes the minimal funding level for all programs not 
covered by the Michel rule to 75 percent, and a technical change to 
apply that formula retroactively to November 14.
  Finally, it drops any reference to the 7-year balanced budget.
  Mr. Speaker, tomorrow we will pass another continuing resolution that 
will extend the date to December 15.
  We will also include 7-year balanced budget language agreed to by the 
White House and the bipartisan bicameral leadership.
  Mr. Speaker, the hour is late. We have worked long and hard. There is 
unanimous agreement to pass this simple extension. I am pleased that we 
have an agreement to go to work on passing appropriations bills and 
balancing the budget in 7 years with realistic numbers and CBO scoring 
and I know all Americans will be glad to see Federal workers return to 
work tomorrow.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield back the balance of my time so we can 
pass this thing and put people back to work.
  Mr. LIVINGSTON. Mr. Speaker, I look forward to people going back to 
work.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the previous question is ordered.
  The question is on the motion offered by the gentleman from Louisiana 
[Mr. Livingston].
  The motion was agreed to.
  A motion to reconsider was laid on the table.

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