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 other-
wise 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 appro-
priations 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, not-
withstanding section 15 of the State Department Basic Authori-
ties 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 avail-
able 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 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, 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 when-
ever there is no amount made available under any of these appro-
priations 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 author-
ity 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 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 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: 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, 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 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 subpro-
gram element within an appropriation account, for which appropria-
tions, 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 utiliz-
ing 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 resolu-
tion shall be available until: (a) enactment into law of an appropria-
tion 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 activ-
ity; 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 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 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 ‘‘Inter-
national Organizations and Conferences, Contributions to Inter-
national 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 follow-
ing 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.