IA
105TH CONGRESS
1ST SESSION
H. J. RES. 94
Making continuing appropriations for the fiscal year 1998, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 1997
Mr. LIVINGSTON introduced the following joint resolution; which was referred
to the Committee on Appropriations
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, corpora-
tions, and other organizational units of Government for
the fiscal year 1998, and for other purposes, namely:
SEC. 101. (a) Such amounts as may be necessary
under the authority and conditions provided in the appli-
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cable appropriations Act for the fiscal year 1997 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 1997 and for which appropriations,
funds, or other authority would be available in the follow-
ing appropriations Acts:
The Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appro-
priations Act, 1998;
The Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appro-
priations 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;
The Department of Defense Appropriations
Act, 1998, notwithstanding section 504(a)(1) of the
National Security Act of 1947;
The District of Columbia Appropriations Act,
1998, the House and Senate reported versions of
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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 re-
ported 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;
The Energy and Water Development Appro-
priations Act, 1998;
The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998, not-
withstanding section 10 of Public Law 91–672 and
section 15(a) of the State Department Basic Au-
thorities Act of 1956;
The Department of the Interior and Related
Agencies Appropriations Act, 1998;
The Departments of Labor, Health and Human
Services, and Education, and Related Agencies Ap-
propriations Act, 1998;
The Legislative Branch Appropriations Act,
1998;
The Military Construction Appropriations Act,
1998;
The Department of Transportation Appropria-
tions Act, 1998;
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The Treasury, Postal Service, and General Gov-
ernment Appropriations Act, 1998; and
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 available for 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 operations, the perti-
nent project or activity shall be continued at a rate for
operations not exceeding the current rate: Provided fur-
ther, 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 au-
thority 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
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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 oper-
ations 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.
(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, 1997, is different from that which would be
available or granted under such Act as passed by the Sen-
ate 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 oper-
ations and the amounts which would be made available
or the authority which would be granted in these appro-
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priations 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 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 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 contin-
ued under the appropriation, fund, or authority granted
by the one House at a rate for operations not exceeding
the current rate under the authority and conditions pro-
vided 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 oper-
ations and the amounts which would be made available
or the authority which would be granted in the appropria-
tions Act as passed by the one House as of October 1,
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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 re-
quest 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 1998 and under
the authority and conditions provided in the applicable ap-
propriations Act for the fiscal year 1997: 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, 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 oper-
ations 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 De-
partment of Defense shall be used for new production of
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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 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 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 pro-
curement funding for economic order quantity procure-
ment 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.
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-
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propriations, funds, or other authority were not available
during the fiscal year 1997.
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 1997 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 23, 1997, whichever first occurs.
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.
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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 1998 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.
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
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distribution of fiscal year 1997 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 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 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 con-
tained in Public Law 104–208, which fee rate and offset-
ting collection authority shall reman 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 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, 1998,
shall be the amount provided by the provisions of section
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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-Govern-
ment Act of 1997, Public Law 105–33, shall be the higher
of the amounts in the budget request or the House or Sen-
ate District of Columbia Appropriations Act, 1998, passed
as of October 1, 1997, multiplied by the ratio of the num-
ber 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 Operations; Payment to the District of Columbia
Corrections Trustee for Correctional Facilities, Construc-
tion 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 Com-
mission as appropriate.
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SEC. 116. Notwithstanding any other provision of
this joint resolution, except section 106, the authorities
provided under subsection (a) of section 140 of the For-
eign 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 pe-
riod 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 Finan-
cial 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 be-
yond October 1, 1997 until it receives the full year Federal
contribution, as authorized by section 11601 of the Na-
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tional Capital Revitalization and Self-Government Im-
provement Act of 1997, Public Law 105–33. Any interest
or penalties that would generally apply to such late pay-
ments are hereby waived under this provision
SEC. 120. In addition to the amounts made available
for the Veterans Health Administration, Medical Care ac-
count 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 remov-
ing amounts owed the Department as authorized under
38 U.S.C. chapter 17, and the Federal Medical Care Re-
covery 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’’.
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