H. J. Res. 94
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
Joint Resolution
Making continuing appropriations for the fiscal year 1998, 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 1998, and for other purposes, namely:
SECTION 101. (a) Such amounts as may be necessary under
the authority and conditions provided in the applicable appropria-
tions Act for the fiscal year 1997 for continuing projects or activities
including the costs of direct loans and loan guarantees (not other-
wise specifically provided for in this joint resolution) which were
conducted in the fiscal year 1997 and for which appropriations,
funds, or other authority would be available in the following appro-
priations Acts:
(1) the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1998;
(2) the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1998,
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, 1998,
notwithstanding section 504(a)(1) of the National Security Act
of 1947;
(4) the District of Columbia Appropriations Act, 1998, the
House and Senate reported versions of which shall be deemed
to have passed the House and the Senate respectively as of
October 1, 1997, for the purposes of this joint resolution, unless
a reported version is passed as of October 1, 1997, in which
case the passed version shall be used in place of the reported
version for the purposes of this joint resolution;
(5) the Energy and Water Development Appropriations Act,
1998;
(6) the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1998, notwithstanding section
10 of Public Law 91–672 and section 15(a) of the State Depart-
ment Basic Authorities Act of 1956;
H. J. Res. 94—2
(7) the Department of the Interior and Related Agencies
Appropriations Act, 1998;
(8) the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1998;
(9) the Legislative Branch Appropriations Act, 1998;
(10) the Military Construction Appropriations Act, 1998;
(11) the Department of Transportation Appropriations Act,
1998;
(12) the Treasury, Postal Service, and General Government
Appropriations Act, 1998; and
(13) the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1998:
Provided, That whenever the amount which would be made avail-
able or the authority which would be granted in these Acts as
passed by the House and Senate as of October 1, 1997, is different
than that which would be available or granted under current oper-
ations, 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, 1997, 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, 1997, for a continuing project or activity which was
conducted in fiscal year 1997 and for which there is fiscal year
1998 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 appropria-
tions Act for the fiscal year 1997.
(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, 1997, is different
from that which would be available or granted under such Act
as passed by the Senate as of October 1, 1997, the pertinent
project or activity shall be continued at a rate for operations not
exceeding the current rate under the appropriation, fund, or author-
ity granted by the applicable appropriations Act for the fiscal year
1998 and under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1997: 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, 1997, 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
H. J. Res. 94—3
the amount which would be made available or the authority which
would be granted in the applicable appropriations Act as passed
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 1998 and under the authority and conditions
provided in the applicable appropriations Act for the fiscal year
1997.
(c) Whenever an Act listed in this section has been passed
by only the House or only the Senate as of October 1, 1997, the
pertinent project or activity shall be continued under the appropria-
tion, 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 1997: 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, 1997, 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 1998 and under the authority and conditions provided
in the applicable appropriations Act for the fiscal year 1997: Pro-
vided 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, 1997, for a continuing project or
activity which was conducted in fiscal year 1997 and for which
there is fiscal year 1998 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 1997.
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 1997 or prior years, for the increase in production
rates above those sustained with fiscal year 1997 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 pro-
gram 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 1997: 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.
H. J. Res. 94—4
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 1997.
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 1997 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: (1) enactment into law of an
appropriation for any project or activity provided for in this joint
resolution; or (2) the enactment into law of the applicable appropria-
tions Act by both Houses without any provision for such project
or activity; or (3) October 23, 1997, 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 authoriza-
tion 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 1998 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(3) 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
1997 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 1998 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 amount made available to the
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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 104–208, which fee rate and
offsetting collection authority shall remain in effect during the
period of this joint resolution.
SEC. 114. 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, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1998, 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. 115. Notwithstanding any other provision of this joint
resolution, except section 106, the amounts made available for
the following new programs authorized by the National Capital
Revitalization and Self-Government Act of 1997, Public Law 105–
33, shall be the higher of the amounts in the budget request
or the House or Senate District of Columbia Appropriations Act,
1998, passed as of October 1, 1997, multiplied by the ratio of
the number of days covered by this joint resolution to 365: Federal
Contribution to the Operations of the Nation’s Capital; Federal
Payment to the District of Columbia Corrections Trustee Oper-
ations; Payment to the District of Columbia Corrections Trustee
for Correctional Facilities, Construction and Repair, and Federal
Payment to the District of Columbia Criminal Justice System:
Provided, That the amounts made available for the last item shall
be made available to the Joint Committee on Judicial Administra-
tion in the District of Columbia; the District of Columbia Truth
in Sentencing Commission; the Pretrial Services, Defense Services,
Parole, Adult Probation, and Offender Supervision Trustee; and
the United States Parole Commission, as appropriate.
SEC. 116. Notwithstanding any other provision of this joint
resolution, except section 106, the authorities provided under sub-
section (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 paragraphs
(3) and (5) of said subsection.
SEC. 117. Notwithstanding any other provision of this joint
resolution, except section 106, the authorities provided under 217
of the Immigration and Nationality Act (8 U.S.C. 1187) shall remain
in effect during the period of this joint resolution, notwithstanding
subsection (f) of said section.
SEC. 118. The National Flood Insurance Act of 1968 (42 U.S.C.
4026) is amended in section 1319 by striking ‘‘September 30, 1997’’
and inserting ‘‘October 23, 1997’’ and in section 1336 by striking
‘‘September 30, 1996’’ and inserting ‘‘October 23, 1997’’.
SEC. 119. Notwithstanding section 204 of the Financial
Responsibility and Management Assistance Act of 1995 related
to the latest maturity date for the short-term Treasury advances,
the District of Columbia government may delay repayment of the
1997 Treasury advances beyond October 1, 1997 until it receives
the full year Federal contribution, as authorized by section 11601
of the National Capital Revitalization and Self-Government
Improvement Act of 1997, Public Law 105–33. Any interest or
H. J. Res. 94—6
penalties that would generally apply to such late payments are
hereby waived under this provision.
SEC. 120. In addition to the amounts made available for the
Veterans Health Administration, Medical Care account pursuant
to section 101 of this joint resolution, this account is also available
for necessary administrative and legal expenses of the Department
for collecting and recovering amounts owed the Department as
authorized under 38 U.S.C. chapter 17, and the Federal Medical
Care Recovery Act, 42 U.S.C. 2651 et seq.
SEC. 121. Notwithstanding section 235(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(3)), the authority of
section 235(a)(1) and (2), of the same Act, shall remain in effect
during the period of this joint resolution.
SEC. 122. Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C.635f) is amended by striking ‘‘1997’’ and inserting
‘‘October 23, 1997’’.
SEC. 123. Section 506(c) of Public Law 103–317 is amended
by striking ‘‘September 30, 1997’’ and inserting ‘‘October 23, 1997’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.