II

105TH CONGRESS

2D SESSION H. J. RES. 128

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 17, 1998

Received

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

2 and funds, for the several departments, agencies, corpora3 tions, and other organizational units of Government for

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

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

6 under the authority and conditions provided in the appli7 cable appropriations Act for the fiscal year 1998 for con8 tinuing projects or activities including the costs of direct

9 loans and loan guarantees (not otherwise specifically pro10 vided for in this joint resolution) which were conducted

11 in the fiscal year 1998 and for which appropriations,

12 funds, or other authority would be available in the follow13 ing appropriations Acts:

14 (1) the Agriculture, Rural Development, Food

15 and Drug Administration, and Related Agencies Ap16 propriations Act, 1999;

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

18 State, the Judiciary, and Related Agencies Appro19 priations Act, 1999, notwithstanding section 15 of

20 the State Department Basic Authorities Act of

21 1956, section 701 of the United States Information

22 and Educational Exchange Act of 1948, section 313

23 of the Foreign Relations Authorization Act, Fiscal

24 Years 1994 and 1995 (Public Law 103–236), and
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1 section 53 of the Arms Control and Disarmament

2 Act;

3 (3) the Department of Defense Appropriations

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

5 National Security Act of 1947;

6 (4) the District of Columbia Appropriations

7 Act, 1999;

8 (5) the Energy and Water Development Appro9 priations Act, 1999;

10 (6) the Foreign Operations, Export Financing,

11 and Related Programs Appropriations Act, 1999,

12 notwithstanding section 10 of Public Law 91–672

13 and section 15 of the State Department Basic Au14 thorities Act of 1956;

15 (7) the Department of the Interior and Related

16 Agencies Appropriations Act, 1999;

17 (8) the Departments of Labor, Health and

18 Human Services, and Education, and Related Agen19 cies Appropriations Act, 1999, the House and Sen20 ate reported versions of which shall be deemed to

21 have passed the House and Senate respectively as of

22 October 1, 1998, for the purposes of this joint reso23 lution, unless a reported version is passed as of Oc24 tober 1, 1998, in which case the passed version shall
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1 be used in place of the reported version for purposes

2 of this joint resolution;

3 (9) the Legislative Branch Appropriations Act,

4 1999;

5 (10) the Department of Transportation and Re6 lated Agencies Appropriations Act, 1999;

7 (11) the Treasury and General Government Ap8 propriations Act, 1999; and

9 (12) the Departments of Veterans Affairs and

10 Housing and Urban Development, and Independent

11 Agencies Appropriations Act, 1999:

12 Provided, That whenever the amount which would be made

13 available or the authority which would be granted in

14 these Acts as passed by the House and Senate as of Octo15 ber 1, 1998, is different than that which would be avail16 able or granted under current operations, the pertinent

17 project or activity shall be continued at a rate for oper18 ations not exceeding the current rate: Provided further,

19 That whenever the amount of the budget request is less

20 than the amount for current operations and the amount

21 which would be made available or the authority which

22 would be granted in these appropriations Acts as passed

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

24 than the amount for current operations, then the pertinent

25 project or activity shall be continued at a rate for oper-
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1 ations not exceeding the greater of the rates that would

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

3 amount which would be made available or the authority

4 which would be granted in these appropriations Acts: Pro5 vided further, That whenever there is no amount made

6 available under any of these appropriations Acts as passed

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

8 continuing project or activity which was conducted in fis9 cal year 1998 and for which there is fiscal year 1999 fund10 ing included in the budget request, the pertinent project

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

12 exceeding the lesser of the rates that would be provided

13 by the amount of the budget request or the rate for cur14 rent operations under the authority and conditions pro15 vided in the applicable appropriations Act for the fiscal

16 year 1998.

17 (b) Whenever the amount which would be made avail18 able or the authority which would be granted under an

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

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

21 available or granted under such Act as passed by the Sen22 ate as of October 1, 1998, the pertinent project or activity

23 shall be continued at a rate for operations not exceeding

24 the current rate under the appropriation, fund, or author25 ity granted by the applicable appropriations Act for the
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1 fiscal year 1999 and under the authority and conditions

2 provided in the applicable appropriations Act for the fiscal

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

4 budget request is less than the amount for current oper5 ations and the amounts which would be made available

6 or the authority which would be granted in these appro7 priations Acts as passed by the House and the Senate as

8 of October 1, 1998, are both less than the amount for

9 current operations, then the pertinent project or activity

10 shall be continued at a rate for operations not exceeding

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

12 amount of the budget request or the amount which would

13 be made available or the authority which would be granted

14 in the applicable appropriations Act as passed by the

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

16 fund, or authority provided in the applicable appropria17 tions Act for the fiscal year 1999 and under the authority

18 and conditions provided in the applicable appropriations

19 Act for the fiscal year 1998.

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

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

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

23 continued under the appropriation, fund, or authority

24 granted by the one House at a rate for operations not ex25 ceeding the current rate and under the authority and con-
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1 ditions provided in the applicable appropriations Act for

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

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

4 operations and the amounts which would be made avail5 able or the authority which would be granted in the appro6 priations Act as passed by the one House as of October

7 1, 1998, is less than the amount for current operations,

8 then the pertinent project or activity shall be continued

9 at a rate for operations not exceeding the greater of the

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

11 request or the amount which would be made available or

12 the authority which would be granted in the applicable ap13 propriations Act as passed by the one House under the

14 appropriation, fund, or authority provided in the applica15 ble appropriations Act for the fiscal year 1999 and under

16 the authority and conditions provided in the applicable ap17 propriations Act for the fiscal year 1998: Provided further,

18 That whenever there is no amount made available under

19 any of these appropriations Acts as passed by the House

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

21 project or activity which was conducted in fiscal year 1998

22 and for which there is fiscal year 1999 funding included

23 in the budget request, the pertinent project or activity

24 shall be continued at a rate for operations not exceeding

25 the lesser of the rates that would be provided by the
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1 amount of the budget request or the rate for current oper2 ations under the authority and conditions provided in the

3 applicable appropriations Act for the fiscal year 1998.

4 SEC. 102. No appropriation or funds made available

5 or authority granted pursuant to section 101 for the De6 partment of Defense shall be used for new production of

7 items not funded for production in fiscal year 1998 or

8 prior years, for the increase in production rates above

9 those sustained with fiscal year 1998 funds, or to initiate,

10 resume, or continue any project, activity, operation, or or11 ganization which are defined as any project, subproject,

12 activity, budget activity, program element, and subpro13 gram within a program element and for investment items

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

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

16 which includes a program element and subprogram ele17 ment within an appropriation account, for which appro18 priations, funds, or other authority were not available dur19 ing the fiscal year 1998: Provided, That no appropriation

20 or funds made available or authority granted pursuant to

21 section 101 for the Department of Defense shall be used

22 to initiate multi-year procurements utilizing advance pro23 curement funding for economic order quantity procure24 ment unless specifically appropriated later.
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1 SEC. 103. Appropriations made by section 101 shall

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

3 be provided by the pertinent appropriations Act.

4 SEC. 104. No appropriation or funds made available

5 or authority granted pursuant to section 101 shall be used

6 to initiate or resume any project or activity for which ap7 propriations, funds, or other authority were not available

8 during the fiscal year 1998.

9 SEC. 105. No provision which is included in an appro10 priations Act enumerated in section 101 but which was

11 not included in the applicable appropriations Act for fiscal

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

13 than one appropriation, fund, or authority shall be appli14 cable to any appropriation, fund, or authority provided in

15 this joint resolution.

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

17 resolution or in the applicable appropriations Act, appro18 priations and funds made available and authority granted

19 pursuant to this joint resolution shall be available until

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

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

22 enactment into law of the applicable appropriations Act

23 by both Houses without any provision for such project or

24 activity, or (c) October 9, 1998, whichever first occurs.
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1 SEC. 107. Appropriations made and authority grant2 ed pursuant to this joint resolution shall cover all obliga3 tions or expenditures incurred for any program, project,

4 or activity during the period for which funds or authority

5 for such project or activity are available under this joint

6 resolution.

7 SEC. 108. Expenditures made pursuant to this joint

8 resolution shall be charged to the applicable appropriation,

9 fund, or authorization whenever a bill in which such appli10 cable appropriation, fund, or authorization is contained is

11 enacted into law.

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

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

14 that makes the availability of any appropriation provided

15 therein dependent upon the enactment of additional au16 thorizing or other legislation shall be effective before the

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

18 SEC. 110. Appropriations and funds made available

19 by or authority granted pursuant to this joint resolution

20 may be used without regard to the time limitations for

21 submission and approval of apportionments set forth in

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

23 herein shall be construed to waive any other provision of

24 law governing the apportionment of funds.
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1 SEC. 111. This joint resolution shall be implemented

2 so that only the most limited funding action of that per3 mitted in the joint resolution shall be taken in order to

4 provide for continuation of projects and activities.

5 SEC. 112. Notwithstanding any other provision of

6 this joint resolution, except section 106, for those pro7 grams that had high initial rates of operation or complete

8 distribution of fiscal year 1998 appropriations at the be9 ginning of that fiscal year because of distributions of fund10 ing to States, foreign countries, grantees or others, similar

11 distributions of funds for fiscal year 1999 shall not be

12 made and no grants shall be awarded for such programs

13 funded by this resolution that would impinge on final

14 funding prerogatives.

15 SEC. 113. Notwithstanding any other provision of

16 this joint resolution, except section 106, the rate for oper17 ations for projects and activities that would be funded

18 under the heading ‘‘International Organizations and Con19 ferences, Contributions to International Organizations’’ in

20 the Departments of Commerce, Justice, and State, the Ju21 diciary, and Related Agencies Appropriations Act, 1999,

22 shall be the amount provided by the provisions of section

23 101 multiplied by the ratio of the number of days covered

24 by this resolution to 365.
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1 SEC. 114. Notwithstanding any other provision of

2 this joint resolution, except section 106, the rate for oper3 ations for the following activities funded with Federal

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

5 operations not exceeding the current rate, multiplied by

6 the ratio of the number of days covered by this joint reso7 lution to 365: Corrections Trustee Operations, Offender

8 Supervision, Public Defender Services, Parole Revocation,

9 Adult Probation, and Court Operations.

10 SEC. 115. Activities authorized by sections

11 1309(a)(2), 1319, 1336(a), and 1376(c) of the National

12 Flood Insurance Act of 1968, as amended (42 U.S.C.

13 4001 et seq.), may continue through the date specified in

14 section 106 of this joint resolution.

15 SEC. 116. Section 28f(a) of title 30, United States

16 Code, is amended by striking the words ‘‘The holder’’

17 through ‘‘$100 per claim.’’ And inserting ‘‘The holder of

18 each unpatented mining claim, mill, or tunnel site located

19 pursuant to the mining laws of the United States before

20 October 1, 1998 shall pay the Secretary of the Interior,

21 on or before September 1, 1999 a claim maintenance fee

22 of $100 per claim site.’’. Notwithstanding any other provi23 sion of law, the time for locating any unpatented mining

24 claim, mill, or tunnel site pursuant to 30 U.S.C. 28g may
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1 continue through the date specified in section 106 of this

2 joint resolution.

3 SEC. 117. The amounts charged for patent fees

4 through the date provided in section 106 shall be the

5 amounts charged by the Patent and Trademark Office on

6 September 30, 1998, including any applicable surcharges

7 collected pursuant to section 8001 of P.L. 103–66: Pro8 vided, That such fees shall be credited as offsetting collec9 tions to the Patent and Trademark Office Salaries and

10 Expenses account: Provided further, That during the pe11 riod covered by this joint resolution, the commissioner may

12 recognize fees that reflect partial payment of the fees au13 thorized by this section and may require unpaid amounts

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

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

16 106 of this joint resolution, until 30 days after the date

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

18 resume projects or activities at a rate in excess of the cur19 rent rate to the extent necessary, consistent with existing

20 agency plans, to achieve Year 2000 (Y2K) computer con21 version.

22 SEC. 119. Notwithstanding any other provision of

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

24 available for projects and activities for decennial census

25 programs shall be the higher of the amount that would
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1 be provided under the heading ‘‘Bureau of the Census,

2 Periodic Censuses and Programs’’ in the Departments of

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

4 Agencies Appropriations Act, 1999, as passed by the

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

6 as passed by the Senate, or the amount of the budget re7 quest, multiplied by the ratio of the number of days cov8 ered by this resolution to 365.

Passed the House of Representatives September 17,

1998.

Attest: ROBIN H. CARLE,

Clerk.