H. J. Res. 128

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

Joint Resolution

Making continuing appropriations for the fiscal year 1999, 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 1999, 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 1998 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 1998 and for which appropriations,

funds, or other authority would be available in the following appropriations Acts:

(1) the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1999;

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

Judiciary, and Related Agencies Appropriations Act, 1999, 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;

(3) the Department of Defense Appropriations Act, 1999,

notwithstanding section 504(a)(1) of the National Security Act

of 1947;

(4) the District of Columbia Appropriations Act, 1999;

(5) the Energy and Water Development Appropriations Act,

1999;

(6) the Foreign Operations, Export Financing, and Related

Programs Appropriations Act, 1999, notwithstanding section

10 of Public Law 91–672 and section 15 of the State Department

Basic Authorities Act of 1956;

(7) the Department of the Interior and Related Agencies

Appropriations Act, 1999;

(8) the Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations Act, 1999,

the House and Senate reported versions of which shall be

deemed to have passed the House and Senate respectively

as of October 1, 1998, for the purposes of this joint resolution,
H. J. Res. 128—2

unless a reported version is passed as of October 1, 1998,

in which case the passed version shall be used in place of

the reported version for purposes of this joint resolution;

(9) the Legislative Branch Appropriations Act, 1999;

(10) the Department of Transportation and Related

Agencies Appropriations Act, 1999;

(11) the Treasury and General Government Appropriations

Act, 1999; and

(12) the Departments of Veterans Affairs and Housing and

Urban Development, and Independent Agencies Appropriations

Act, 1999:

Provided, That whenever the amount which would be made available or the authority which would be granted in these Acts as

passed by the House and Senate as of October 1, 1998, is different

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: Provided further,

That whenever the amount of the budget request is less than

the amount for current operations and the amount which would

be made available or the authority which would be granted in

these appropriations Acts as passed by the House and Senate

as of October 1, 1998, is less than the amount for current operations,

then the pertinent project or activity shall be continued at a rate

for operations not exceeding the greater of the rates that would

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

which would be made available or the authority which would be

granted in these appropriations Acts: Provided further, That whenever there is no amount made available under any of these appropriations Acts as passed by the House and Senate as of October

1, 1998, for a continuing project or activity which was conducted

in fiscal year 1998 and for which there is fiscal year 1999 funding

included in the budget request, the pertinent project or activity

shall be continued at a rate for operations not exceeding the lesser

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

request or the rate for current operations under the authority

and conditions provided in the applicable appropriations Act for

the fiscal year 1998.

(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 October 1, 1998, is different

from that which would be available or granted under such Act

as passed by the Senate as of October 1, 1998, the pertinent

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

exceeding the current rate under the appropriation, fund, or authority granted by the applicable appropriations Act for the fiscal year

1999 and under the authority and conditions provided in the

applicable appropriations Act for the fiscal year 1998: Provided,

That whenever the amount of the budget request is less than

the amount for current operations and the amounts which would

be made available or the authority which would be granted in

these appropriations Acts as passed by the House and the Senate

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

operations, then the pertinent project or activity shall be continued

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

that would be provided by the amount of the budget request or

the amount which would be made available or the authority which

would be granted in the applicable appropriations Act as passed
H. J. Res. 128—3

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

fund, or authority provided in the applicable appropriations Act

for the fiscal year 1999 and under the authority and conditions

provided in the applicable appropriations Act for the fiscal year

1998.

(c) Whenever an Act listed in this section has been passed

by only the House or only the Senate as of October 1, 1998, 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 and under the authority

and conditions provided in the applicable appropriations Act for

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

budget request is less than the amount for current operations

and the amounts which would be made available or the authority

which would be granted in the appropriations Act as passed by

the one House as of October 1, 1998, is less than the amount

for current operations, then the pertinent project or activity shall

be continued at a rate for operations not exceeding the greater

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

request or the amount which would be made available or the

authority which would be granted in the applicable appropriations

Act as passed by the one House under the appropriation, fund,

or authority provided in the applicable appropriations Act for the

fiscal year 1999 and under the authority and conditions provided

in the applicable appropriations Act for the fiscal year 1998: Provided further, That whenever there is no amount made available

under any of these appropriations Acts as passed by the House

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

activity which was conducted in fiscal year 1998 and for which

there is fiscal year 1999 funding included in the budget request,

the pertinent project or activity shall be continued at a rate for

operations not exceeding the lesser of the rates that would be

provided by the amount of the budget request or the rate for

current operations under the authority and conditions provided

in the applicable appropriations Act for the fiscal year 1998.

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 1998 or prior years, for the increase in production

rates above those sustained with fiscal year 1998 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 1998: 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.
H. J. Res. 128—4

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 1998.

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 1998 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) October 9, 1998, 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 1999 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 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. This joint resolution shall be implemented so that

only the most limited funding action of that permitted in the joint

resolution shall be taken in order to provide for continuation of

projects and activities.

SEC. 112. Notwithstanding any other provision of this joint

resolution, except section 106, for those programs that had high

initial rates of operation or complete distribution of fiscal year

1998 appropriations at the beginning of that fiscal year because

of distributions of funding to States, foreign countries, grantees

or others, similar distributions of funds for fiscal year 1999 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. 113. 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,
H. J. Res. 128—5

and State, the Judiciary, and Related Agencies Appropriations Act,

1999, shall be the amount provided by the provisions of section

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

this resolution to 365.

SEC. 114. Notwithstanding any other provision of this joint

resolution, except section 106, the rate for operations for the following activities funded with Federal funds for the District of Columbia,

shall be at a rate for operations not exceeding the current rate,

multiplied by the ratio of the number of days covered by this

joint resolution to 365: Corrections Trustee Operations, Offender

Supervision, Public Defender Services, Parole Revocation, Adult

Probation, and Court Operations.

SEC. 115. Activities authorized by sections 1309(a)(2), 1319,

1336(a), and 1376(c) of the National Flood Insurance Act of 1968,

as amended (42 U.S.C. 4001 et seq.), may continue through the

date specified in section 106 of this joint resolution.

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

amended by striking the words ‘‘The holder’’ through ‘‘$100 per

claim.’’ and inserting ‘‘The holder of each unpatented mining claim,

mill, or tunnel site located pursuant to the mining laws of the

United States before October 1, 1998 shall pay the Secretary of

the Interior, on or before September 1, 1999 a claim maintenance

fee of $100 per claim site.’’. Notwithstanding any other provision

of law, the time for locating any unpatented mining claim, mill,

or tunnel site pursuant to 30 U.S.C. 28g may continue through

the date specified in section 106 of this joint resolution.

SEC. 117. The amounts charged for patent fees through the

date provided in section 106 shall be the amounts charged by

the Patent and Trademark Office on September 30, 1998, including

any applicable surcharges collected pursuant to section 8001 of

Public Law 103–66: Provided, That such fees shall be credited

as offsetting collections to the Patent and Trademark Office Salaries

and Expenses account: Provided further, That during the period

covered by this joint resolution, the Commissioner may recognize

fees that reflect partial payment of the fees authorized by this

section and may require unpaid amounts to be paid within a time

period set by the Commissioner.

SEC. 118. Notwithstanding sections 101, 104, and 106 of this

joint resolution, until 30 days after the date specified in section

106, funds may be used to initiate or resume projects or activities

at a rate in excess of the current rate to the extent necessary,

consistent with existing agency plans, to achieve Year 2000 (Y2K)

computer conversion.
H. J. Res. 128—6

SEC. 119. Notwithstanding any other provision of this joint

resolution, except section 106, the amount made available for

projects and activities for decennial census programs shall be the

higher of the amount that would be provided under the heading

‘‘Bureau of the Census, Periodic Censuses and Programs’’ in the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1999, as passed by the House,

or the amount that would be provided by such Act as passed

by the Senate, or the amount of the budget request, multiplied

by the ratio of the number of days covered by this joint resolution

to 365.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.