[Congressional Record Volume 142, Number 1 (Wednesday, January 3, 1996)]
[Senate]
[Pages S30-S33]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           SENATE RESOLUTION 208--COMMENDING J. KEITH KENNEDY

  Mr. DOLE (for himself, Mr. Hatfield, and Mr. Byrd) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 208

       Whereas J. Keith Kennedy has served as majority or minority 
     Chief Clerk and Staff Director of the Committee on 
     Appropriations since January 3, 1981;
       Whereas he has ably served the Senate in various other 
     roles since September of 1972;
       Whereas he has served as Clerk of the Legislative Branch 
     Appropriations Subcommittee, in which capacity he has 
     endeavored to provide for the welfare and benefit of the 
     entire U.S. Senate and its employees;
       Whereas he has overseen the modernization and streamlining 
     of the day-to-day operations of the Senate Appropriations 
     Committee;
       Whereas he has ably represented the interests of the 
     Appropriations Committee and the Senate in all budget 
     negotiations since 1981;
       Whereas he has upheld the high standards and traditions of 
     the Senate with abiding devotion; and
       Whereas he has earned the respect, affection and esteem of 
     the United States Senate: Now, therefore, be it
       Resolved, That on this fifteenth anniversary of his tenure, 
     the Senate express its commendation, appreciation and 
     gratitude to J. Keith Kennedy for his continuing service and 
     for jobs well done.
     
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                          AMENDMENTS SUBMITTED

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                     FEDERAL EMPLOYEES LEGISLATION

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                  DOLE (AND WARNER) AMENDMENT NO. 3114

  Mr. DOLE (for himself and Mr. Warner) proposed an amendment to the 
bill (S. 1508) to assure that all Federal employees work and are paid; 
as follows:

       In lieu of the House amendment, insert:

     SEC. 2. EXCEPTED EMPLOYEES UNDER NORMAL LEAVE POLICY.

       Federal employees considered excepted from furlough during 
     any period in which there is a lapse in appropriations with 
     respect to the agency activity in which the employee is 
     engaged shall not be considered to be furloughed when on 
     leave and shall be subject to the same leave regulations as 
     if no lapse in appropriations had occurred.

     SEC. 3. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION.

       Beginning on January 2, 1996, any federal employee who is 
     excepted from furlough and is not being paid due to a lapse 
     in appropriations shall be eligible for unemployment 
     compensation benefits with no waiting period for such 
     eligibility to accrue. With respect to any person who is 
     eligible for such benefits by reason of the preceding 
     sentence, any such benefits received shall be subject to 
     repayment in the same manner and to the same extent when 
     eligibility by reason of the preceding sentence ceases as if 
     such cessation were an end to the period of unemployment.

                                TITLE II

       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. 201. (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 
     the following 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:
       All nutrition services for the elderly under the account 
     heading ``Aging services programs'' under the Administration 
     on Aging in the Department of Health and Human Services;
       All grants to states for child welfare services, authorized 
     by title IV, part B, subpart 1, of the Social Security Act, 
     under the account heading ``Children and families services 
     programs'' under the Administration for Children and Families 
     in the Department of Health and Human Services;
       All Federal Parent Locator Service activities, as 
     authorized by section 453 of the Social Security Act, under 
     the account heading ``Children and families services 
     programs'' under the Administration for Children and Families 
     in the Department of Health and Human Services;
       All State unemployment insurance administration activities 
     under the account heading ``State unemployment insurance and 
     employment service operations'' under the Employment and 
     Training Administration in the Department of Labor;
       All general welfare assistance payments and foster care 
     payments, as authorized by law, funded under the account 
     heading ``Operation of Indian programs'' under the Bureau of 
     Indian Affairs in the Department of the Interior;
       All projects and activities necessary to accommodate 
     visitors and to provide for visitor services in the National 
     Park System, the National Wildlife Refuges, the National 
     Forests, the facilities operated by the Smithsonian 
     Institution, the National Gallery of Art, and the John F. 
     Kennedy Center for the Performing Arts; and
       All projects and activities necessary to process passports, 
     notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956:
       Provided, That whenever the amount which would be made 
     available or the authority which would be granted under an 
     Act which included funding for fiscal year 1996 for the 
     projects and activities listed in this section 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 the Act which 
     included funding for fiscal year 1996 for the projects and 
     activities 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.
       (c) Whenever an Act which included funding for fiscal year 
     1996 for the projects and activities 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 considered under that 
     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.
       Sec. 202. Appropriations made by section 201 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 203. No appropriation or funds made available or 
     authority granted pursuant to section 201 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. 204. No provision which is included in the 
     appropriations Act enumerated in section 201 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. 205. Appropriations made and authority granted 
     pursuant to this title of 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. 206. Unless otherwise provided for in this title of 
     this joint resolution or in the applicable appropriations 
     Act, appropriations and funds made available and authority 
     granted pursuant to this title of this joint resolution shall 
     be available until (a) enactment into law of an appropriation 
     for any project or activity provided for in this title of 
     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) September 30, 
     1996, whichever first occurs.
       Sec. 207. Expenditures made pursuant to this title of 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. 208. No provision in the appropriations Act for the 
     fiscal year 1996 referred to in section 201 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 206(c) of this joint 
     resolution.
       Sec. 209. Appropriations and funds made available by or 
     authority granted pursuant to this title of 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.

                    TITLE III--DISTRICT OF COLUMBIA

       That the following sums are hereby appropriated, out of the 
     general fund and enterprise funds of the District of Columbia 
     for the District of Columbia for the fiscal year 1996, and 
     for other purposes, namely:
       Sec. 301. (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 title of 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 Act:
       The District of Columbia Appropriations Act, 1996:
       Provided, That whenever the amount which would be made 
     available or the authority which would be granted in this Act 
     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 the 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 
     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 311 or 312 under the appropriation, fund, or 
     authority granted by the applicable appropriations 

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     Act for the fiscal year 1995 and under the authority and conditions 
     provided in the applicable appropriations Act for the fiscal 
     year 1995.
       Sec. 302. Appropriations made by section 301 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 303. No appropriation or funds made available or 
     authority granted pursuant to section 301 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. 304. No provision which is included in the 
     appropriations Act enumerated in section 301 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 title 
     of this joint resolution.
       Sec. 305. Appropriations made and authority granted 
     pursuant to this title of 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 title of this joint resolution.
       Sec. 306. Unless otherwise provided for in this title of 
     this joint resolution or in the applicable appropriations 
     Act, appropriations and funds made available and authority 
     granted pursuant to this title of this joint resolution shall 
     be available until (a) enactment into law of an appropriation 
     for any project or activity provided for in this title of 
     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) September 30, 
     1996, whichever first occurs.
       Sec. 307. Notwithstanding any other provision of this title 
     of this joint resolution, except section 206, none of the 
     funds appropriated under this title of this joint resolution 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 308. Expenditures made pursuant to this title of 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. 309. No provision in the appropriations Act for the 
     fiscal year 1996 referred to in section 301 of this title 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 306(c) of this 
     joint resolution.
       Sec. 310. Appropriations and funds made available by or 
     authority granted pursuant to this title of 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. 311. Notwithstanding any other provision of this title 
     of this joint resolution, except section 301, whenever the 
     Act listed in section 301 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 the rate of 
     operations for an ongoing project or activity provided by 
     section 301 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 301 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 account 
     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 this title of 
     this joint resolution the minimal level means a rate for 
     operations that is reduced from the current rate by 25 
     percent.
       Sec. 312. Notwithstanding any other provision of this title 
     of this joint resolution, except section 206, when ever the 
     rate for operations for any continuing project or activity 
     provided by section 301 or section 311 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. 313. Notwithstanding any other provision of this title 
     of this joint resolution, except sections 306, 311, and 312, 
     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 title of this resolution that would impinge on 
     final funding prerogatives.
       Sec. 314. This title of this joint resolution shall be 
     implemented so that only the most limited funding action of 
     that permitted in this title of this resolution shall be 
     taken in order to provide for continuation of projects and 
     activities.
       Sec. 315. The provisions of section 132 of the District of 
     Columbia Appropriations Act, 1988, Public Law 100-202, shall 
     not apply for this title of this joint resolution.
       Sec. 316. Notwithstanding any other provision of this title 
     of this joint resolution, except section 306, none of the 
     funds appropriated under this title of this joint resolution 
     shall be used to implement or enforce any system or 
     registration of unmarried, cohabiting couples whether they 
     are homosexual, lesbian, heterosexual, including but limited 
     to registration for the purposes of extending employment, 
     health, or governmental benefits to such couples on the same 
     basis that such benefits are extended to legally married 
     couples; nor shall any funds made available pursuant to any 
     provision of this title of this joint resolution otherwise be 
     used to implement or enforce D.C. Act 9-188, signed by the 
     Mayor of the District of Columbia on April 15, 1992.

                       TITLE IV--VETERANS AFFAIRS

       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. 401. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF 
                   VETERAN'S BENEFITS IN EVENT OF LACK OF 
                   APPROPRIATIONS.

       (a) Payments Required.--In any case during fiscal year 1996 
     in which appropriations are not otherwise available for 
     programs, projects, and activities of the Department of 
     Veterans Affairs, the Secretary of Veterans Affairs shall 
     nevertheless ensure that--
       (1) payments of existing veterans benefits are made in 
     accordance with regular procedures and schedules and in 
     accordance with eligibility requirements for such benefits; 
     and
       (2) payments to contractors of the Veterans Health 
     Administration of the Department of Veterans Affairs are made 
     when due in the case of services provided that directly 
     relate to patient health and safety.
       (b) Funding.--There is hereby appropriated such sums as may 
     be necessary for the payments pursuant to subsection (a), 
     including such amounts as may be necessary for the costs of 
     administration of such payments.
       (c) Charging of Accounts When Appropriations Made.--In any 
     case in which the Secretary uses the authority of subsection 
     (a) to make payments, applicable accounts shall be charged 
     for amounts so paid, and for the costs of administration of 
     such payments, when regular appropriations become available 
     for those purposes.
       (d) Existing Benefits Specified.--For purposes of this 
     section, existing veterans benefits are benefits under laws 
     administered by the Secretary of Veterans Affairs that have 
     been adjudicated and authorized for payment as of--
       (1) December 15, 1995; or
       (2) if appropriations for such benefits are available 
     (other than pursuant to subsection (b)) after December 15, 
     1995, the last day on which appropriations for payment of 
     such benefits are available (other than pursuant to 
     subsection (b)).
       Sec. 402. Section 401 shall cease to be effective on 
     September 30, 1996.

            TITLE V--CLARIFICATION OF CERTAIN REIMBURSEMENTS

     ``SEC. 501. CLARIFICATION OF REIMBURSEMENT TO STATES FOR 
                   FEDERALLY FUNDED EMPLOYEES.

       ``(a) If a State used State funds to continue carrying out 
     a Federal program or furloughed State employees whose 
     compensation is advanced or reimbursed in whole or in part by 
     the Federal Government--
       ``(1) such furloughed employees shall be compensated at 
     their standard rate of compensation for such period;
       ``(2) the State shall be reimbursed for expenses that would 
     have been paid by the Federal Government during such period 
     had appropriations been available, including the cost of 
     compensating such furloughed employees, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code; and
       ``(3) the State may use funds available to the State under 
     such Federal program to reimburse such State, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code.
       ``(b) For purposes of this subsection, the term `State' 
     shall have the meaning as such term is defined under the 
     applicable Federal program under subsection (a).''
       ``(c) The authority under this section applies with respect 
     to any period in fiscal year 1996 (not limited to periods 
     beginning or ending after the date of the enactment of this 
     Act) during which there occurs a lapse in appropriations with 
     respect to any department or agency of the Federal Government 
     which, but for such lapse in appropriations, would have paid, 
     or made reimbursement relating to, any of the expenses 
     referred to in subsection (a) with respect to the program 
     involved. Payments and reimbursements under 

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     this authority shall be made only to the extent and in amounts provided 
     in advance in appropriations Acts.''

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