[104th Congress Public Law 69]
[From the U.S. Government Printing Office]
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[DOCID: f:publ69.104]
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Public Law 104-69
104th Congress
Joint Resolution
Making further continuing appropriations for the fiscal year 1996, and
for other purposes. <<NOTE: Dec. 22, 1995 - [H.J. Res. 136]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
TITLE I
AID TO FAMILIES WITH DEPENDENT CHILDREN AND FOSTER CARE AND ADOPTION
ASSISTANCE
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 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 projects and activities funded under the account heading
``Family support payments to States'' under the Administration
For Children and Families in the Department of Health and Human
Services;
All projects and activities funded under the account heading
``Payments to States for foster care and adoption assistance''
under the Administration For Children and Families in the
Department of Health and Human Services; and
All administrative activities necessary to carry out the
projects and activities in the preceeding two paragraphs:
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 avail
[[Page 109 STAT. 768]]
able 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 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.
Sec. 102. 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. 103. 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. 104. No provision which is included in the 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. 105. 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. 106. <<NOTE: Termination date.>> 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)
January 3, 1996, whichever first occurs.
Sec. 107. 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. 108. 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. 109. Appropriations and funds made available by or authority
granted pursuant to this title of this joint resolution
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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 II
DISTRICT OF COLUMBIA
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. 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 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 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 211 or 212
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. 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,
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or authority shall be applicable to any appropriation, fund, or
authority provided in this title of 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 title of this joint resolution.
Sec. 206. <<NOTE: Termination date.>> 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)
January 3, 1996, whichever first occurs.
Sec. 207. <<NOTE: Abortion.>> 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. 208. 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. 209. No provision in the appropriations Act for the fiscal year
1996 referred to in section 201 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
206(c) of this joint resolution.
Sec. 210. 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. 211. Notwithstanding any other provision of this title of this
joint resolution, except section 206, whenever the Act listed in section
201 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 for operations for an ongoing project or activity provided by
section 201 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 201 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
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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. 212. Notwithstanding any other provision of this title of this
joint resolution, except section 206, whenever the rate for operations
for any continuing project or activity provided by section 201 or
section 211 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. 213. Notwithstanding any other provision of this title of this
joint resolution, except sections 206, 211, and 212, 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. 214. 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. 215. 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. 216. <<NOTE: Domestic partners.>> 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 used to implement or enforce any system of registration of
unmarried, cohabiting couples whether they are homosexual, lesbian,
heterosexual, including but not limited to registration for the purpose
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 III
VETERANS AFFAIRS
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. 301. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF VETERANS' 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,
[[Page 109 STAT. 772]]
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. 302. <<NOTE: Termination date.>> Section 301 shall cease to be
effective on
January 3, 1996.
Approved December 22, 1995.
LEGISLATIVE HISTORY--H.J. Res. 136:
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CONGRESSIONAL RECORD, Vol. 141 (1995):
Dec. 22, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Dec. 22, Presidential statement.
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