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.
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,
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and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corpora-
tions, 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 appli-
cable appropriations Act for the fiscal year 1998 for con-
tinuing projects or activities including the costs of direct
loans and loan guarantees (not otherwise specifically pro-
vided 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 follow-
ing appropriations Acts:
(1) the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Ap-
propriations Act, 1999;
(2) the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appro-
priations 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
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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 Appro-
priations 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 Au-
thorities 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 Agen-
cies Appropriations Act, 1999, the House and Sen-
ate 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 reso-
lution, unless a reported version is passed as of Oc-
tober 1, 1998, in which case the passed version shall
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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 Re-
lated Agencies Appropriations Act, 1999;
(11) the Treasury and General Government Ap-
propriations 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 Octo-
ber 1, 1998, is different than that which would be avail-
able or granted under current operations, the pertinent
project or activity shall be continued at a rate for oper-
ations 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 oper-
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ations 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: Pro-
vided 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 fis-
cal year 1998 and for which there is fiscal year 1999 fund-
ing 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 cur-
rent operations under the authority and conditions pro-
vided in the applicable appropriations Act for the fiscal
year 1998.
(b) Whenever the amount which would be made avail-
able 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 Sen-
ate 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 author-
ity granted by the applicable appropriations Act for the
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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 oper-
ations and the amounts which would be made available
or the authority which would be granted in these appro-
priations 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 by the
House or as passed by the Senate under the appropriation,
fund, or authority provided in the applicable appropria-
tions 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 ex-
ceeding the current rate and under the authority and con-
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ditions 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 avail-
able or the authority which would be granted in the appro-
priations 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 ap-
propriations Act as passed by the one House under the
appropriation, fund, or authority provided in the applica-
ble appropriations Act for the fiscal year 1999 and under
the authority and conditions provided in the applicable ap-
propriations 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
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amount of the budget request or the rate for current oper-
ations 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 De-
partment 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 or-
ganization which are defined as any project, subproject,
activity, budget activity, program element, and subpro-
gram 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 ele-
ment within an appropriation account, for which appro-
priations, funds, or other authority were not available dur-
ing 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 pro-
curement funding for economic order quantity procure-
ment unless specifically appropriated later.
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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 ap-
propriations, funds, or other authority were not available
during the fiscal year 1998.
SEC. 105. No provision which is included in an appro-
priations 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 appli-
cable 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, appro-
priations 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.
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SEC. 107. Appropriations made and authority grant-
ed pursuant to this joint resolution shall cover all obliga-
tions 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 appli-
cable 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 au-
thorizing 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.
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SEC. 111. This joint resolution shall be implemented
so that only the most limited funding action of that per-
mitted 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 pro-
grams that had high initial rates of operation or complete
distribution of fiscal year 1998 appropriations at the be-
ginning of that fiscal year because of distributions of fund-
ing 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 oper-
ations for projects and activities that would be funded
under the heading ‘‘International Organizations and Con-
ferences, Contributions to International Organizations’’ in
the Departments of Commerce, Justice, and State, the Ju-
diciary, 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.
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SEC. 114. Notwithstanding any other provision of
this joint resolution, except section 106, the rate for oper-
ations 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 reso-
lution 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 provi-
sion of law, the time for locating any unpatented mining
claim, mill, or tunnel site pursuant to 30 U.S.C. 28g may
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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 P.L. 103–66: Pro-
vided, That such fees shall be credited as offsetting collec-
tions to the Patent and Trademark Office Salaries and
Expenses account: Provided further, That during the pe-
riod covered by this joint resolution, the commissioner may
recognize fees that reflect partial payment of the fees au-
thorized 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 cur-
rent rate to the extent necessary, consistent with existing
agency plans, to achieve Year 2000 (Y2K) computer con-
version.
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
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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 re-
quest, multiplied by the ratio of the number of days cov-
ered by this resolution to 365.
Passed the House of Representatives September 17,
1998.
Attest:
ROBIN H. CARLE,
Clerk.