Making continuing appropriations for the fiscal year 1991, supplemental appropriations for "Operation Desert Shield" for the fiscal year 1990, and for other purposes.
PL 101-403 (H.J.Res.655), enacted 10/01/1990

PUBLIC LAW 101-403—OCT. 1, 1990 
104 STAT. 867 
Public Law 101-403 
101st Congress 
Joint Resolution 
Making continuing appropriations for the fiscal year 1991, supplemental appropria- 
Oct. 1, 1990 
tions for "Operation Desert Shield" for the fiscal year 1990, and for other purposes. 
[H.J. Res. 655] 
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 1991, and for other purposes, namely: 
TITLE I—CONTINUING APPROPRIATIONS 
SEC. 101. (a) Such amounts as may be necessary for continuing 
projects or activities (not otherwise specifically provided for in this 
joint resolution) which were conducted in the fiscal year 1990 and 
for which appropriations, funds, or other authority would be avail-
able in the following appropriations Acts: 
The Departments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act, 1991; 
The District of Columbia Appropriations Act, 1991; 
The Energy and Water Development Appropriations Act, 
1991; 
The Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1991, notwithstanding section 10 of 
Public Law 91-672 and section 15(a) of the State Department 
Basic Authorities Act of 1956; 
The Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 1991; 
The Military (Construction Appropriations Act, 1991; 
The Rural Development, Agriculture, and Related Agencies 
Appropriations Act, 1991; 
The Department of Transportation and Related Agencies 
Appropriations Act, 1991; 
The Treasury, Postal Service, and (Jeneral Government 
Appropriations Act, 1991; and 
The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 
1991. 
(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, 1990, is different from that 
which would be available or granted under such Act as passed by 
the Senate as of October 1, 1990, the pertinent project or activity 
shall be continued under the lesser amount or the more restrictive 
authority: Provided, That where an item is included in only one 
version of an Act as passed by both Houses as of October 1,1990, the 
pertinent project or activity shall be continued under the appropria-
49-139 O - 90 (403) 
104 STAT. 868 
PUBLIC LAW 101-403—0C5T. 1, 1990 
tion, fund, or authority granted by the one House, but at a rate for 
operations not exceeding the current rate or the rate permitted by 
the action of the one House, whichever is lower, and under the 
authority and conditions provided in applicable appropriations Acts 
for the fiscal year 1990. 
(c) Whenever an Act listed in this section has been passed by only 
the House as of October 1, 1990, the pertinent project or activity 
shall be continued under the appropriation, fund, or authority 
granted by the House, at a rate for operations not exceeding the 
current rate or the rate permitted by the action of the House, 
whichever is lower, and under the authority and conditions provided 
in applicable appropriations Acts for the fiscal year 1990: Provided, 
That where an item is funded in applicable appropriations Acts for 
the fiscal year 1990 and not included in the version passed by the 
House as of October 1,1990, the pertinent project or activity shall be 
continued under the appropriation, fund, or authority granted by 
applicable appropriations Acts for the fiscal year 1990, at a rate for 
operations not exceeding the current rate and under the authority 
and conditions provided in applicable appropriations Acts for the 
fiscal year 1990. 
SEC. 102, Such amounts as may be necessary to continue existing 
programs and activities (not otherwise specifically provided for in 
this joint resolution) which were conducted in fiscal year 1990, 
under the appropriation, fund, or authority granted by applicable 
appropriations Acts for the fiscal year 1990, at a rate for operations 
not exceeding the current rate and under the authority and condi-
tions provided in applicable appropriations Acts for the fiscal year 
1990, for which provision was made in the following Acts: The 
Department of the Interior and Related Agencies Appropriations 
Act, 1990, and the Legislative Branch Appropriations Act, 1990. 
SEC. 103. Such amounts as may be necessary to continue existing 
programs and activities, which were conducted in fiscal year 1990, 
for which provision was made in the Department of Defense Appro-
priations Act, 1990, but such activities shall be funded at not to 
exceed 
an 
sinnual rate 
for 
new obligational 
authority 
of 
$262,969,000,000, and this level shall be distributed on a pro rata 
basis to each appropriation account utilizing the fiscal year 1991 
amended budget request as the base for such distribution and shall 
be available under the terms and conditions provided for in the 
applicable appropriations Acts for fiscal year 1990, notwithstanding 
section 502(a)(1) of the National Security Act of 1947: Provided, That 
no appropriation or funds made available or authority granted 
pursuant to this section shall be used for new production of items 
not funded for production in fiscal year 1990 or prior years, for the 
increase in production rates above those sustained with fiscal year 
1990 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 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 pro-
gram element and subprogram element within an appropriation 
account, for which appropriations, funds, or other authority were 
not available during the fiscal year 1990, except projects, activities, 
operations, or organizations relating to "Operation Desert Shield": 
Provided further. That no appropriation or funds made available or 
authority granted pursuant to this section shall be used to initiate 
PUBLIC LAW 101-403—(Xrr. 1, 1990 
104 STAT. 869 
multi-year procurements utilizing advance procurement funding for 
economic order quantity procurement unless specifically appro-
priated later: Provided further, That no appropriation or funds made 
available or authority granted pursuant to this section for procure-
ment and research, development, test, and evaluation, shall be used 
to fund any program, project, activity, operation, or organization at 
a rate for operations in excess of the current rate or the rate 
provided for in the budget estimates for fiscal year 1991, whichever 
is lower, during fiscal year 1991, except programs, projects, activi-
ties, operations, or organizations relating to "Operation Desert 
Shield'^ 
SEC. 104. Notwithstanding any other provision of this joint resolu-
tion, such amounts as may be necessary to continue the Aerostat 
Program of the United States Customs Service which was conducted 
in fiscal year 1990 at a rate of operations not exceeding the current 
rate and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1990. 
SEC. 105. Appropriations made by sections 101, 102, 103, and 104 
shall be available to the extent and in the manner which would be 
provided by the pertinent appropriations Act. 
SEC. 106. No appropriation or funds made available or authority 
granted pursuant to sections 101, 102, 103, and 104 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 
1990. 
SEC. 107. 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 1990, and which by its 
terms is applicable to more than one appropriation, fund, or author-
ity shall be applicable to any appropriation, fund, or authority 
provided in this joint resolution. 
SEC. 108. Unless otherwise provided for in this joint resolution or 
in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to title I of 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 of the applicable appropriations Act 
by both Houses without any provision for such project or activity, or 
(c) October 5,1990, whichever first occurs. 
SEC. 109. Appropriations made and authority granted pursuant to 
title I of this joint resolution shall cover all obligations or expendi-
tures 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. 110. Expenditures made pursuant to title I of this joint 
resolution shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropria-
tion, fund, or authorization is contained is enacted into law. 
SEC. 111. No provision in any appropriations Act for the fiscal 
year 1991 referred to in section 101 of this joint resolution 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 
108(c) of this joint resolution. 
SEC. 112. Appropriations and funds made available by or authority 
granted pursuant to title I of this joint resolution may be used 
without regard to the time limitations for submission and approval 
104 STAT. 870 
PUBLIC LAW 101-403—OCT. 1, 1990 
2 u s e 902 note. 
Termination 
date. 
Egypt. 
Termination 
date. 
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. 113. (a) Any order on sequestration for fiscal year 1991 issued 
before, on, or after the date of enactment of this joint resolution 
pursuant to section 252 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is suspended and no action shall be taken 
to implement any such order. 
(b) Subsection (a) shall cease to be effective on the date set forth in 
section 108(c). 
SEC. 114. The provisions of section 518 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990, 
and any comparable provision contained in or incorporated by 
reference by a joint resolution making continuing appropriations for 
foreign operations, export financing, and related programs for fiscal 
year 1991, shall not operate to prohibit the furnishing of assistance 
for Egypt pursuant to any program for which funds are appro-
priated under such Acts: Provided, That the authority contained in 
this section to furnish assistance notwithstanding section 518 of 
such Act, and comparable provisions contained in a subsequent Act 
for fiscal year 1991, shall expire on December 31,1990. 
42 u s e 1395 W
W 
note. 
42 u s e 1395 W
W 
note. 
EXTENSION OF CERTAIN MEDICARE HOSPITAL PAYMENT PROVISIONS 
SEC. 115. (a) EXTENSION OF AREA WAGE INDEX.—For purposes of 
determining the amount of payment made to a hospital under part 
A of title XVIII of the Social Security Act for the operating costs of 
inpatient hospital services for discharges occurring on or after 
October 1, 1990, and on or before October 20, 1990, the Secretary of 
Health and Human Services, in adjusting such amount under sec-
tion 1886(d)(3XE) of such Act to reflect the relative hospital wage 
level in the geographic area of the hospital compared to the national 
average hospital wage index, shall apply the area wage index ap-
plicable to such hospital £is of September 30,1990. 
03) EXTENSION OF REGIONAL FLOOR ON STANDARDIZED AMOUNTS.— 
(1) Section 1886(d)(lXA)(iii) of the Social Security Act (42 U.S.C. 
1395ww(dXlXAXiii)) is amended by striking "September 30, 1990," 
and inserting "October 20,1990,". 
(2) The Secretary of Health and Human Services shall meike any 
adjustments resulting from the amendment madie by paragraph (1) 
in the amount of the pajonents made to hospitals under section 
1886(d) of the Social Security Act in a fiscal year for the operating 
costs of inpatient hospital services in a manner that ensures that 
the aggregate pajmients under such section are not greater or less 
than those that would have been made in the year without such 
adjustments. 
PUBLIC LAW 101-403—OCT. 1, 1990 
104 STAT. 871 
TITLE II—SUPPLEMENTAL APPROPRIA-
TIONS 
FOR 
OPERATION 
DESERT 
SHIELD 
DEPARTMENT OF DEFENSE 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for fiscal year 1990 for "Military 
personnel, Army", $123,100,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for fiscal year 1990 for "Military 
personnel. Navy", $44,500,000. 
MiuTARY PERSONNEL, MARINE CORPS 
For an additional amount for fiscal year 1990 for "Military 
personnel, Marine Corps", $33,700,000. 
MiuTARY PERSONNEL, A I R FORCE 
For an additional amount for fiscal year 1990 for "Military 
personnel. Air Force", $77,000,000. 
RESERVE PERSONNEL, ARMY 
For an additional amount for fiscal year 1990 for "Reserve person-
nel. Army", $2,700,000. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance. Army", $643,963,000, and in addition, $75,037,000 
which shall be derived by transfer from "Procurement of Ammuni-
tion, Army, 1988/1990". 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance. Navy", $279,400,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance. Marine Corps", $47,300,000. 
104 STAT. 872 
PUBLIC LAW 101-403—OCT. 1, 1990 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance, Air Force", $320,300,000. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance, Defense Agencies", $18,200,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance. Air Force Reserve", $12,300,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for fiscal year 1990 for "Operation and 
maintenance. Air National Guard", $6,200,000. 
PROCUREMENT 
OTHER PROCUREMENT, ARMY 
For an additional amount for "Other procurement. Army", 
$10,000,000, to remain available for obligation until September 30, 
1992. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY 
For an additional amount for "Research, development, test, 
and evaluation. Navy" in support of the unrelated marrow donor 
program, $9,000,000, to remain available for obligation until 
Grant 
September 30, 1991: Provided, That not less than $6,500,000 shall be 
programs— 
provided as a grant to the National Marrow Donor Program 
health. 
Foundation. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE STOCK FUND 
For an additional amount for fiscal year 1990 for "Defense stock 
fund", $400,000,000. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated or otherwise made available by this 
title are available only for obligation and expenditure to liquidate 
obligations undertaken pursuant to section 3732 of the Revised 
Statutes (41 U.S.C. 11), however, funds appropriated or otherwise 
made available by this title for "Other Procurement, Army" and 
"Research, Development, Test, and Evaluation, Navy" shall be 
exempt from the provisions of this section. 
SEC. 202. AUTHORITY TO ACCEPT CONTRIBUTIONS.—(aXD Chapter 
155 of title 10, United States Code, is amended by adding at the end 
the following new section: 
PUBLIC LAW 101-403—OCT. 1, 1990 
104 STAT. 873 
"§2608. Acceptance of contributions for defense 
programs, 
projects, and activities 
"(a) ACCEPTANCE AUTHORITY.—The Secretary of Defense may 
accept from any person, foreign government, or international 
organization any contribution of money or real or personal property 
made by such person, foreign government, or international 
organization for use by the Department of Defense. 
"(b) ESTABLISHMENT OF DEFENSE COOPERATION 
ACCOUNT.—(1) 
There is established in the Treasury of the United States a special 
account to be known as the 'Defense Cooperation Account'. 
"(2) Contributions of money and proceeds from the sale of any 
property accepted by the Secretary of Defense under subsection (a) 
shall be credited to the Defense Cooperation Account. 
"(c) USE OF THE DEFENSE COOPERATION ACCOUNT.—(1) Funds in the 
Defense Cooperation Account may be appropriated for a function 
described in section 114 of this title only to the extent that the 
appropriation of such funds for such purpose is authorized in accord-
ance with that section. 
"(2) Funds in the Defense Cooperation Account shall not be made 
available for obligation or expenditure except to the extent and in 
the manner provided in subsequent appropriations Acts. 
"(d) USE OF PROPERTY.—Any contribution of property received 
under this section may be— 
"(1) retained and used by the Department of Defense in the 
form in which it was donated; 
"(2) sold or otherwise disposed of upon such terms and condi-
tions and in accordance with such procedures as the Secretary 
determines appropriate; or 
"(8) converted into a form usable by the Department of 
Defense. 
"(e) REPORTING REQUIREMENT.—(1) Not later than 30 days after 
the end of each quarter of each fiscal year, the Secretary of Defense 
shall submit to Congress a report on contributions of property 
accepted by the Secretary under this section during the preceding 
quarter. The Secretary shall include in each such report a descrip-
tion of all property having a value of more than $1,000,000. 
"(2) In computing the value of any property referred to in para-
graph (1), the Secretary shall aggregate the value of— 
"(A) similar items of property accepted by the Secretary 
during the quarter concerned; and 
"(B) components which, if assembled, would comprise all or a 
substantial part of an item of equipment or a facility. 
"(f) AUTHORITY TO USE PROPERTY.—Property accepted under 
subsection (a) may be used by the Secretary of Defense without 
specific authorization, except that such property may not be used in 
connection with any program, project, or activity if the use of such 
property would result in the violation of any prohibition or limita-
tion otherwise applicable to such program, project, or activity. 
"(g) INVESTMENT OF MONEY.—Upon request by the Secretary of 
Defense, the Secretary of the Treasury may invest money in the 
Defense Cooperation Account in securities of the United States or in 
securities guaranteed as to principal and interest by the United 
States. 
"(2) Any interest or other income that accrues from investment in 
securities referred to in paragraph (1) shall be deposited to the credit 
of the Defense Cooperation Account. 
104 STAT. 874 
PUBLIC LAW 101-403—OCT. 1, 1990 
"(h) NOTIFICATION OF CONDITIONS.—The Secretary of Defense shall 
notify Congress of any condition imposed by the donor on the use of 
any contribution accepted by the Secretary under the authority of 
this section. 
"(i) ANNUAL AUDIT BY GAG.—The Comptroller General of the 
United States shall conduct an eumual audit of money and property 
accepted by the Secretary of Defense under this section and shall 
submit a copy of the results of each such audit to Congress. 
"(j) ITEMS INCLUDED AS CONTRIBUTIONS.—In this section, the term 
'contribution' includes a devise of real property or a bequest of 
personal property. 
"(k) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting at the end the following new item: 
"2608. Acceptance of contributions and services for defense programs, projects, and 
activities.". 
(b) CONFORMING REPEAL.—The Act entitled "An Act to authorize 
the acceptance of conditional gifts to further the defense effort" 
approved July 27, 1954 (68 Stat. 566; 50 U.S.C. 1151 et seq.), is 
repealed. 
50 use 1151 
(c) TRANSFER OF FUNDS.—Any money in the special account pro-
^°^- 
vided for in section 3 of the Act referred to in subsection (b) on the 
date of the enactment of this Act shall be credited to the Defense 
Cooperation Account provided for in section 2608(b) of title 10, 
United States Code, as added by subsection (a). 
TITLE III—SUPPLEMENTAL APPROPRIA-
TIONS FOR EMERGENCY REFUGEE AS-
SISTANCE 
DEPARTMENT GF STATE 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE 
FUND 
For an additional amount for the "United States Emergency 
Refugee and Migration Assistance Fund", $10,000,000 to remain 
available until expended. 
Approved Gctober 1, 1990. 
LEGISLATIVE fflSTORY—H.J. Res. 655: 
HOUSE REPORTS: No. 101-754 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 30, considered and passed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Oct. 1, Presidential remarks.