Text: H.J.Res.115 — 104th Congress (1995-1996)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.J. Res. 115 Enrolled Bill (ENR)]

        H.J. Res.115

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                            Joint Resolution


 
 Making further continuing appropriations for the fiscal year 1996, and 
                           for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the following sums are 
hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for the 
fiscal year 1996, and for other purposes, namely:

                                TITLE I

                       CONTINUING APPROPRIATIONS

    Sec. 101. (a) Such amounts as may be necessary under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995 for continuing projects or activities including the 
costs of direct loans and loan guarantees (not otherwise specifically 
provided for in this joint resolution) which were conducted in the 
fiscal year 1995 and for which appropriations, funds, or other 
authority would be available in the following appropriations Acts:
        The Departments of Commerce, Justice, and State, the Judiciary, 
    and Related Agencies Appropriations Act, 1996, notwithstanding 
    section 15 of the State Department Basic Authorities Act of 1956, 
    section 701 of the United States Information and Educational 
    Exchange Act of 1948, section 313 of the Foreign Relations 
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), 
    and section 53 of the Arms Control and Disarmament Act;
        The Department of Defense Appropriations Act, 1996, 
    notwithstanding section 504(a)(1) of the National Security Act of 
    1947;
        The District of Columbia Appropriations Act, 1996;
        The Energy and Water Development 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 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) December 1, 
1995, whichever first occurs.
    Sec. 107. Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures 
incurred for any program, project, or activity during the period for 
which funds or authority for such project or activity are available 
under this joint resolution.
    Sec. 108. Expenditures made pursuant to this joint resolution shall 
be charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law.
    Sec. 109. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 101 of this joint resolution that 
makes the availability of any appropriationprovided 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 from the current rate by 40 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 RelatedAgencies, funds available for necessary expenses of 
the Bureau of Mines are for continuing limited health and safety and 
related research, materials partnerships, and minerals information 
activities; for mineral assessments in Alaska; and for terminating all 
other activities of the Bureau of Mines.
    Sec. 121. Notwithstanding any other provision of this joint 
resolution, except section 106, funds for the Environmental Protection 
Agency shall be made available in the appropriation accounts which are 
provided in H.R. 2099 as reported on September 13, 1995.
    Sec. 122. Notwithstanding any other provision of this joint 
resolution, except section 106, the rate for operations for projects 
and activities that would be funded under the heading ``International 
Organizations and Conferences, Contributions to International 
Organizations'' in the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1996, shall be the 
amount provided by the provisions of sections 101, 111, and 112 
multiplied by the ratio of the number of days covered by this 
resolution to 366 and multiplied further by 1.27.
    Sec. 123. Notwithstanding any other provision of this joint 
resolution, except section 106, the rate for operations of the 
following projects or activities shall be only the minimum necessary to 
accomplish orderly termination:
        Administrative Conference of the United States;
        Advisory Commission on Intergovernmental Relations (except that 
    activities to carry out the provisions of Public Law 104-4 may 
    continue);
        Interstate Commerce Commission;
        Pennsylvania Avenue Development Corporation;
        Land and Water Conservation Fund, State Assistance; and
        Office of Surface Mining Reclamation and Enforcement, Rural 
    Abandoned Mine Program.

                                TITLE II

SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.

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

                          TITLE III--MEDICARE

SEC. 301. DETERMINATION OF MEDICARE PART B PREMIUM.

    (a) Any percentage reference in subsection (e)(1)(A) of section 
1839 of the Social Security Act for months in 1996 is deemed a 
reference to the amount described in subsection (e)(1)(B)(v) of such 
section, expressed as a percentage of the monthly actuarial rate under 
subsection (a)(1) of such section for months in 1995.

SEC. 302. MEDICARE COVERAGE OF CERTAIN ANTICANCER DRUG TREATMENTS.

    (a) Coverage of Certain Self-Administered Anticancer Drugs.--
Section 1861(s)(2)(Q) of the Social Security Act (42 U.S.C. 
1395x(s)(2)(Q)) is amended--
        (1) by striking ``(Q)'' and inserting ``(Q)(i)''; and
        (2) by striking the semicolon at the end and inserting ``, 
    and''; and
        (3) by adding at the end the following:
    ``(ii) an oral drug (which is approved by the Federal Food and Drug 
Administration) prescribed for use as an anticancer nonsteroidal 
antiestrogen or nonsteroidal antiandrogen agent for a given 
indication;''.
    (b) Uniform Coverage of Anticancer Drugs in All Settings.--Section 
1861(t)(2)(A) of such Act (42 U.S.C. 1395x(t)(2)(A)) is amended by 
adding (including a nonsteroidal antiestrogen or nonsteroidal 
antiandrogen regimen)'' after ``regimen''.
    (c) Conforming Amendment.--Section 1834 (j)(5)(F)(iv) of such Act 
(42 U.S.C. 1395m(j)(5)(F)(iv)) is amended by striking ``prescribed for 
use'' and all that follows through ``1861 (s)(2)(Q))'' and inserting 
``described in section 1861(s)(2)(Q)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to drugs furnished on or after the date of the enactment of this 
Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.