IA

105TH CONGRESS

2D SESSION H. J. RES. 128

Making continuing appropriations for the fiscal year 1999, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 16, 1998

Mr. LIVINGSTON introduced the following joint resolution; which was referred

to the Committee on Appropriations

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 1999,

and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the following sums are hereby appropriated, out of

4 any money in the Treasury not otherwise appropriated,

5 and out of applicable corporate or other revenues, receipts,

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for

8 the fiscal year 1999, and for other purposes, namely:

9 SEC. 101. (a) Such amounts as may be necessary

10 under the authority and conditions provided in the appli-
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1 cable appropriations Act for the fiscal year 1998 for con2 tinuing projects or activities including the costs of direct

3 loans and loan guarantees (not otherwise specifically pro4 vided for in this joint resolution) which were conducted

5 in the fiscal year 1998 and for which appropriations,

6 funds, or other authority would be available in the follow7 ing appropriations Acts:

8 (1) the Agriculture, Rural Development, Food

9 and Drug Administration, and Related Agencies Ap10 propriations Act, 1999;

11 (2) the Departments of Commerce, Justice, and

12 State, the Judiciary, and Related Agencies Appro13 priations Act, 1999, notwithstanding section 15 of

14 the State Department Basic Authorities Act of

15 1956, section 701 of the United States Information

16 and Educational Exchange Act of 1948, section 313

17 of the Foreign Relations Authorization Act, Fiscal

18 Years 1994 and 1995 (Public Law 103–236), and

19 section 53 of the Arms Control and Disarmament

20 Act;

21 (3) the Department of Defense Appropriations

22 Act, 1999, notwithstanding section 504(a)(1) of the

23 National Security Act of 1947;

24 (4) the District of Columbia Appropriations

25 Act, 1999;
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1 (5) the Energy and Water Development Appro2 priations Act, 1999;

3 (6) the Foreign Operations, Export Financing,

4 and Related Programs Appropriations Act, 1999,

5 notwithstanding section 10 of Public Law 91–672

6 and section 15 of the State Department Basic Au7 thorities Act of 1956;

8 (7) the Department of the Interior and Related

9 Agencies Appropriations Act, 1999;

10 (8) the Departments of Labor, Health and

11 Human Services, and Education, and Related Agen12 cies Appropriations Act, 1999, the House and Sen13 ate reported versions of which shall be deemed to

14 have passed the House and Senate respectively as of

15 October 1, 1998, for the purposes of this joint reso16 lution, unless a reported version is passed as of Oc17 tober 1, 1998, in which case the passed version shall

18 be used in place of the reported version for purposes

19 of this joint resolution;

20 (9) the Legislative Branch Appropriations Act,

21 1999;

22 (10) the Department of Transportation and Re23 lated Agencies Appropriations Act, 1999;

24 (11) the Treasury and General Government Ap25 propriations Act, 1999; and
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1 (12) the Departments of Veterans Affairs and

2 Housing and Urban Development, and Independent

3 Agencies Appropriations Act, 1999:

4 Provided, That whenever the amount which would be made

5 available or the authority which would be granted in

6 these Acts as passed by the House and Senate as of Octo7 ber 1, 1998, is different than that which would be avail8 able or granted under current operations, the pertinent

9 project or activity shall be continued at a rate for oper10 ations not exceeding the current rate: Provided further,

11 That whenever the amount of the budget request is less

12 than the amount for current operations and the amount

13 which would be made available or the authority which

14 would be granted in these appropriations Acts as passed

15 by the House and Senate as of October 1, 1998, is less

16 than the amount for current operations, then the pertinent

17 project or activity shall be continued at a rate for oper18 ations not exceeding the greater of the rates that would

19 be provided by the amount of the budget request or the

20 amount which would be made available or the authority

21 which would be granted in these appropriations Acts: Pro22 vided further, That whenever there is no amount made

23 available under any of these appropriations Acts as passed

24 by the House and Senate as of October 1, 1998, for a

25 continuing project or activity which was conducted in fis-
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1 cal year 1998 and for which there is fiscal year 1999 fund2 ing included in the budget request, the pertinent project

3 or activity shall be continued at a rate for operations not

4 exceeding the lesser of the rates that would be provided

5 by the amount of the budget request or the rate for cur6 rent operations under the authority and conditions pro7 vided in the applicable appropriations Act for the fiscal

8 year 1998.

9 (b) Whenever the amount which would be made avail10 able or the authority which would be granted under an

11 Act listed in this section as passed by the House as of

12 October 1, 1998, is different from that which would be

13 available or granted under such Act as passed by the Sen14 ate as of October 1, 1998, the pertinent project or activity

15 shall be continued at a rate for operations not exceeding

16 the current rate under the appropriation, fund, or author17 ity granted by the applicable appropriations Act for the

18 fiscal year 1999 and under the authority and conditions

19 provided in the applicable appropriations Act for the fiscal

20 year 1998: Provided, That whenever the amount of the

21 budget request is less than the amount for current oper22 ations and the amounts which would be made available

23 or the authority which would be granted in these appro24 priations Acts as passed by the House and the Senate as

25 of October 1, 1998, are both less than the amount for
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1 current operations, then the pertinent project or activity

2 shall be continued at a rate for operations not exceeding

3 the greater of the rates that would be provided by the

4 amount of the budget request or the amount which would

5 be made available or the authority which would be granted

6 in the applicable appropriations Act as passed by the

7 House or as passed by the Senate under the appropriation,

8 fund, or authority provided in the applicable appropria9 tions Act for the fiscal year 1999 and under the authority

10 and conditions provided in the applicable appropriations

11 Act for the fiscal year 1998.

12 (c) Whenever an Act listed in this section has

13 been passed by only the House or only the Senate as of

14 October 1, 1998, the pertinent project or activity shall be

15 continued under the appropriation, fund, or authority

16 granted by the one House at a rate for operations not ex17 ceeding the current rate and under the authority and con18 ditions provided in the applicable appropriations Act for

19 the fiscal year 1998: Provided, That whenever the amount

20 of the budget request is less than the amount for current

21 operations and the amounts which would be made avail22 able or the authority which would be granted in the appro23 priations Act as passed by the one House as of October

24 1, 1998, is less than the amount for current operations,

25 then the pertinent project or activity shall be continued
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1 at a rate for operations not exceeding the greater of the

2 rates that would be provided by the amount of the budget

3 request or the amount which would be made available or

4 the authority which would be granted in the applicable ap5 propriations Act as passed by the one House under the

6 appropriation, fund, or authority provided in the applica7 ble appropriations Act for the fiscal year 1999 and under

8 the authority and conditions provided in the applicable ap9 propriations Act for the fiscal year 1998: Provided further,

10 That whenever there is no amount made available under

11 any of these appropriations Acts as passed by the House

12 or the Senate as of October 1, 1998, for a continuing

13 project or activity which was conducted in fiscal year 1998

14 and for which there is fiscal year 1999 funding included

15 in the budget request, the pertinent project or activity

16 shall be continued at a rate for operations not exceeding

17 the lesser of the rates that would be provided by the

18 amount of the budget request or the rate for current oper19 ations under the authority and conditions provided in the

20 applicable appropriations Act for the fiscal year 1998.

21 SEC. 102. No appropriation or funds made available

22 or authority granted pursuant to section 101 for the De23 partment of Defense shall be used for new production of

24 items not funded for production in fiscal year 1998 or

25 prior years, for the increase in production rates above
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1 those sustained with fiscal year 1998 funds, or to initiate,

2 resume, or continue any project, activity, operation, or or3 ganization which are defined as any project, subproject,

4 activity, budget activity, program element, and subpro5 gram within a program element and for investment items

6 are further defined as a P–1 line item in a budget activity

7 within an appropriation account and an R–1 line item

8 which includes a program element and subprogram ele9 ment within an appropriation account, for which appro10 priations, funds, or other authority were not available dur11 ing the fiscal year 1998: Provided, That no appropriation

12 or funds made available or authority granted pursuant to

13 section 101 for the Department of Defense shall be used

14 to initiate multi-year procurements utilizing advance pro15 curement funding for economic order quantity procure16 ment unless specifically appropriated later.

17 SEC. 103. Appropriations made by section 101 shall

18 be available to the extent and in the manner which would

19 be provided by the pertinent appropriations Act.

20 SEC. 104. No appropriation or funds made available

21 or authority granted pursuant to section 101 shall be used

22 to initiate or resume any project or activity for which ap23 propriations, funds, or other authority were not available

24 during the fiscal year 1998.
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1 SEC. 105. No provision which is included in an appro2 priations Act enumerated in section 101 but which was

3 not included in the applicable appropriations Act for fiscal

4 year 1998 and which by its terms is applicable to more

5 than one appropriation, fund, or authority shall be appli6 cable to any appropriation, fund, or authority provided in

7 this joint resolution.

8 SEC. 106. Unless otherwise provided for in this joint

9 resolution or in the applicable appropriations Act, appro10 priations and funds made available and authority granted

11 pursuant to this joint resolution shall be available until

12 (a) enactment into law of an appropriation for any project

13 or activity provided for in this joint resolution, or (b) the

14 enactment into law of the applicable appropriations Act

15 by both Houses without any provision for such project or

16 activity, or (c) October 9, 1998, whichever first occurs.

17 SEC. 107. Appropriations made and authority grant18 ed pursuant to this joint resolution shall cover all obliga19 tions or expenditures incurred for any program, project,

20 or activity during the period for which funds or authority

21 for such project or activity are available under this joint

22 resolution.

23 SEC. 108. Expenditures made pursuant to this joint

24 resolution shall be charged to the applicable appropriation,

25 fund, or authorization whenever a bill in which such appli-
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1 cable appropriation, fund, or authorization is contained is

2 enacted into law.

3 SEC. 109. No provision in the appropriations Act for

4 the fiscal year 1999 referred to in section 101 of this Act

5 that makes the availability of any appropriation provided

6 therein dependent upon the enactment of additional au7 thorizing or other legislation shall be effective before the

8 date set forth in section 106(c) of this joint resolution.

9 SEC. 110. Appropriations and funds made available

10 by or authority granted pursuant to this joint resolution

11 may be used without regard to the time limitations for

12 submission and approval of apportionments set forth in

13 section 1513 of title 31, United States Code, but nothing

14 herein shall be construed to waive any other provision of

15 law governing the apportionment of funds.

16 SEC. 111. This joint resolution shall be implemented

17 so that only the most limited funding action of that per18 mitted in the joint resolution shall be taken in order to

19 provide for continuation of projects and activities.

20 SEC. 112. Notwithstanding any other provision of

21 this joint resolution, except section 106, for those pro22 grams that had high initial rates of operation or complete

23 distribution of fiscal year 1998 appropriations at the be24 ginning of that fiscal year because of distributions of fund25 ing to States, foreign countries, grantees or others, similar
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1 distributions of funds for fiscal year 1999 shall not be

2 made and no grants shall be awarded for such programs

3 funded by this resolution that would impinge on final

4 funding prerogatives.

5 SEC. 113. Notwithstanding any other provision of

6 this joint resolution, except section 106, the rate for oper7 ations for projects and activities that would be funded

8 under the heading ‘‘International Organizations and Con9 ferences, Contributions to International Organizations’’ in

10 the Departments of Commerce, Justice, and State, the Ju11 diciary, and Related Agencies Appropriations Act, 1999,

12 shall be the amount provided by the provisions of section

13 101 multiplied by the ratio of the number of days covered

14 by this resolution to 365.

15 SEC. 114. Notwithstanding any other provision of

16 this joint resolution, except section 106, the rate for oper17 ations for the following activities funded with Federal

18 Funds for the District of Columbia, shall be at a rate for

19 operations not exceeding the current rate, multiplied by

20 the ratio of the number of days covered by this joint reso21 lution to 365: Corrections Trustee Operations, Offender

22 Supervision, Public Defender Services, Parole Revocation,

23 Adult Probation, and Court Operations.

24 SEC. 115. Activities authorized by sections

25 1309(a)(2), 1319, 1336(a), and 1376(c) of the National
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1 Flood Insurance Act of 1968, as amended (42 U.S.C.

2 4001 et seq.), may continue through the date specified in

3 section 106 of this joint resolution.

4 SEC. 116. Section 28f(a) of title 30, U.S.C., is

5 amended by striking the words ‘‘The holder’’ through

6 ‘‘$100 per claim.’’ And inserting ‘‘The holder of each

7 unpatented mining claim, mill, or tunnel site located pur8 suant to the mining laws of the United States before Octo9 ber 1, 1998 shall pay the Secretary of the Interior, on

10 or before September 1, 1999 a claim maintenance fee of

11 $100 per claim site.’’. Notwithstanding any other provi12 sion of law, the time for locating any unpatented mining

13 claim, mill, or tunnel site pursuant to 30 U.S.C. 28g may

14 continue through the date specified in section 106 of this

15 joint resolution.

16 SEC. 117. The amounts charged for patent fees

17 through the date provided in section 106 shall be the

18 amounts charged by the Patent and Trademark Office on

19 September 30, 1998, including any applicable surcharges

20 collected pursuant to section 8001 of P.L. 103–66: Pro21 vided, That such fees shall be credited as offsetting collec22 tions to the Patent and Trademark Office Salaries and

23 Expenses account: Provided further, That during the pe24 riod covered by this joint resolution, the commissioner may

25 recognize fees that reflect partial payment of the fees au-
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1 thorized by this section and may require unpaid amounts

2 to be paid within a time period set by the Commissioner.

3 SEC. 118. Notwithstanding sections 101, 104, and

4 106 of this joint resolution, until 30 days after the date

5 specified in section 106, funds may be used to initiate or

6 resume projects or activities at a rate in excess of the cur7 rent rate to the extent necessary, consistent with existing

8 agency plans, to achieve Year 2000 (Y2K) computer con9 version.

10 SEC. 119. Notwithstanding any other provision of

11 this joint resolution, except section 106, the amount made

12 available for projects and activities for decennial census

13 programs shall be the higher of the amount that would

14 be provided under the heading ‘‘Bureau of the Census,

15 Periodic Censuses and Programs’’ in the Departments of

16 Commerce, Justice, and State, the Judiciary, and Related

17 Agencies Appropriations Act, 1999, as passed by the

18 House, or the amount that would be provided by such Act

19 as passed by the Senate, or the amount of the budget re20 quest, multiplied by the ratio of the number of days cov21 ered by this resolution to 365.

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