[104th Congress Public Law 92]
[From the U.S. Government Printing Office]
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[DOCID: f:publ92.104]
SPECIFIED ACTIVITIES APPROPRIATIONS, FISCAL YEAR 1996
[[Page 110 STAT. 16]]
Public Law 104-92
104th Congress
An Act
Making appropriations for certain activities for the fiscal year 1996,
and for other purposes. <<NOTE: Jan. 6, 1996 - [H.R. 1643]>>
Be it enacted 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 the following projects or activities
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) 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 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;
[[Page 110 STAT. 17]]
All administrative activities necessary to carry out the
projects and activities in the preceding two paragraphs;
All projects and activities funded under the account
headings ``Dual benefits payments account'', ``Limitation on
administration'' and ``Limitation on railroad unemployment
insurance administration fund'' under the Railroad Retirement
Board;
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, the John F. Kennedy Center for the
Performing Arts, and the United States Holocaust Memorial; and
All projects and activities necessary to process visas and
passports and to provide for American citizen services,
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 Act,
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 Act, 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
Act, 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
Act.
[[Page 110 STAT. 18]]
Sec. 105. Appropriations made and authority granted pursuant to this
title of this Act 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 Act.
Sec. 106. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) enactment into
law of an appropriation for any project or activity provided for in this
title of this Act, 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, except for the projects and
activities under the headings ``Family support payments to States'' and
``Payments to States for foster care and adoption assistance'', for
which date shall be March 15, 1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this Act 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 Act 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 Act.
Sec. 109. Appropriations and funds made available by or authority
granted pursuant to this title of this Act 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. 110. For the purposes of this title of this Act, the time
covered by this title of this Act shall be considered to have begun on
December 16, 1995.
Sec. 111. Notwithstanding any other provision of this Act, except
section 106, funds appropriated under section 101 for the payment of
vested dual benefits under the Railroad Retirement Act shall be made
available so as to fully fund the payments made on January 1, 1996, and
the payments to be made within the period covered by this Act including
those payments to be made on the first day of each month within the
period covered by this Act. In addition to the funds appropriated under
section 101 of this Act, $12,800,000 is appropriated to restore full
funding for payments made for the period prior to January 1, 1996.
Sec. 112. <<NOTE: 8 USC 1351 note.>> Notwithstanding any other
provision of this Act, 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 Act, notwithstanding
paragraph (3) of said subsection.
TITLE II
VETERANS AFFAIRS
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable
[[Page 110 STAT. 19]]
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. 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, 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. 202. <<NOTE: Termination date.>> Section 201 shall cease to be
effective on September 30, 1996.
Sec. 203. <<NOTE: Coverage.>> For the purposes of this title of this
Act, the time covered by this title of this Act shall be considered to
have begun on January 4, 1996.
TITLE III <<NOTE: Government employees.>>
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. Such amounts as may be necessary under the authority and
conditions provided in applicable appropriations Acts for the fiscal
year 1995 for paying salaries of Federal employees excepted from the
provisions of the Antideficiency Act (31 U.S.C. 1341 et seq.) who are
continuing projects and activities conducted in fiscal year 1995 who
work during periods when there is otherwise no funding authority for
their salaries.
[[Page 110 STAT. 20]]
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
Act.
Sec. 305. Appropriations made and authority granted pursuant to this
title of this Act 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 Act.
Sec. 306. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) enactment into
law of an appropriation for any project or activity provided for in this
title of this Act, 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 26, 1996, whichever first occurs.
Sec. 307. Expenditures made pursuant to this title of this Act 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. 308. No provision in the appropriations Act for the fiscal year
1996 referred to in section 301 of this Act 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 Act.
Sec. 309. Appropriations and funds made available by or authority
granted pursuant to this title of this Act 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. 310. All Federal Employees Deemed To Be Excepted Employees.--
(a) In General.--Section 1342 of title 31, United States Code, is
amended for the period December 15, 1995 through January 26, 1996--
(1) <<NOTE: District of Columbia.>> by inserting after the
first sentence ``All officers and employees of the United States
Government or the District of Columbia government shall be
deemed to be performing services relating to emergencies
involving the safety of human life or the protection of
property.''; and
(2) by striking out the last sentence.
Sec. 311. 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
[[Page 110 STAT. 21]]
subject to the same leave regulations as if no lapse in appropriations
had occurred.
Sec. 312. Eligibility for Unemployment Compensation.--
Notwithstanding any other provisions of law, 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 deemed to be
totally separated from Federal service and eligible for unemployment
compensation benefits under subchapter I of chapter 85 of title 5 of the
United States Code with no waiting period for such eligibility to
accrue.
Sec. 313. For the purposes of this title, Federal employees
returning to work under the provisions of section 310 shall be deemed to
have returned to work at the first regularly scheduled opportunity after
December 15, 1995.
Sec. 314. Appropriations made pursuant to section 301 are made
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), section 53 of the
Arms Control and Disarmament Act, and section 10 of Public Law 91-672.
TITLE IV <<NOTE: 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. 401. (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 Act) 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 Act, 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 Act, 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
Act, the pertinent project or activity shall not be continued except as
provided for in section 411 or 412 under the appropriation, fund, or
authority granted by the applicable appropriations Act for the
[[Page 110 STAT. 22]]
fiscal year 1995 and under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
Sec. 402. Appropriations made by section 401 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
Sec. 403. No appropriation or funds made available or authority
granted pursuant to section 401 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. 404. No provision which is included in the appropriations Act
enumerated in section 401 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 Act.
Sec. 405. Appropriations made and authority granted pursuant to this
title of this Act 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 Act.
Sec. 406. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) enactment into
law of an appropriation for any project or activity provided for in this
title of this Act, 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. 407. <<NOTE: Abortion.>> Notwithstanding any other provision of
this title of this Act, except section 406, none of the funds
appropriated under this title of this Act 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. 408. Expenditures made pursuant to this title of this Act 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. 409. No provision in the appropriations Act for the fiscal year
1996 referred to in section 401 of this title of this Act 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 406(c) of this Act.
Sec. 410. Appropriations and funds made available by or authority
granted pursuant to this title of this Act 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. 411. Notwithstanding any other provision of this title of this
Act, except section 406, whenever the Act listed in section 401 as
passed by both the House and Senate as of the date of enactment of this
Act 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 401 for which there
is a budget request would result
[[Page 110 STAT. 23]]
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 401 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 Act bears to 366. For the purposes of this title of this
Act the minimal level means a rate for operations that is reduced from
the current rate by 25 percent.
Sec. 412. Notwithstanding any other provision of this title of this
Act, except section 406, whenever the rate for operations for any
continuing project or activity provided by section 401 or section 411
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 Act bears to 366.
Sec. 413. Notwithstanding any other provision of this title of this
Act, except sections 406, 411, and 412, 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 Act that would impinge on final funding prerogatives.
Sec. 414. This title of this Act shall be implemented so that only
the most limited funding action of that permitted in this title of this
Act shall be taken in order to provide for continuation of projects and
activities.
Sec. 415. 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 Act.
Sec. 416. <<NOTE: Domestic partners.>> Notwithstanding any other
provision of this title of this Act, except section 406, none of the
funds appropriated under this title of this Act shall be used to
implement or enforce any system or 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 Act
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 V
CLARIFICATION OF CERTAIN REIMBURSEMENTS
Sec. 501. Clarification of Reimbursement to States for Federally
Funded Employees.--(a) If a State used State funds
[[Page 110 STAT. 24]]
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) <<NOTE: Applicability.>> 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 this authority shall
be made only to the extent and in amounts provided in advance in
appropriations Acts.
Approved January 6, 1996.
LEGISLATIVE HISTORY--H.R. 1643:
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HOUSE REPORTS: No. 104-162 (Comm. on Ways and Means).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
July 10, 11, considered and passed
House.
Jan. 2, considered and passed
Senate, amended.
Vol. 142 (1996):
Jan. 5, House concurred in Senate
amendment with an amendment.
Senate concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Jan. 6, Presidential statement.
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