Making continuing appropriations for the fiscal year 1999, and for other purposes.
PL 105-240 (H.J.Res.128), enacted 09/25/1998

112 STAT. 1566 
PUBLIC LAW 105-240—SEPT. 25, 1998 
Sept. 25, 1998 
[H.J. Res. 128] 
Public Law 105-240 
105th Congress 
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 necessEiry 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, £ind Related Agencies Appropriations Act, 1999; 
(2) the Departments of Commerce, Justice, £ind 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 Yesirs 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, 
PUBLIC LAW 105-240—SEPT. 25, 1998 
112 STAT. 1567 
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 i^encies Appropriations 
Act, 1999: 
Provided, That whenever the amount which would be made avail-
able or the authority which would be grjmted 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 yesir 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 amoimt for current operations and the amoimts which would 
be made avsdlable 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 amoimt 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 
112 STAT. 1568 
PUBLIC LAW 106-240—SEPT. 25, 1998 
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 fiscsd 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 thsui 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 v/ould 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 luider 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 imder 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. 
PUBLIC LAW 105-240—SEF]r. 25, 1998 
112 STAT. 1569 
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 Termination 
or in the applicable appropriations Act, appropriations and fiinds date. 
made available and authority granted pursu;Eint 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, fimd, 
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 fiinds 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 fimding action of that permitted in the joint 
resolution shall be tEiken 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 £uiy 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, 
112 STAT. 1570 
PUBLIC LAW 105-240—SEPT. 25, 1998 
Mines and 
mining. 
Patents and 
trademarks. 
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 impatented 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 Salsuies 
and Expenses accoimt: 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 necesssiry, 
consistent with existing agency plans, to achieve Year 2000 (Y2K) 
computer conversion. 
PUBLIC LAW 105-240—SEPT. 25, 1998 
112 STAT. 1571 
SEC. 119. Notwithstanding any other provision of this joint Census. 
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. 
Approved September 25, 1998. 
LEGISLATIVE HISTORY—H.J. Res. 128: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 17, considered and passed House and Senate. 
o