Making further continuing appropriations for the fiscal year 1991, and for other purposes.
PL 101-461 (H.J.Res.681), enacted 10/25/1990

PUBLIC LAW 101-461—OCT. 25, 1990 
104 STAT. 1075 
Public Law 101-461 
101st Congress 
Joint Resolution 
Making further continuing appropriations for the fiscal year 1991, and for other 
Oct. 25, 1990 
purposes. 
[H.J. Res. 681] 
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: 
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 
Bgisic 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 Relate^ Agencies 
Appropriations Act, 1991; 
The Department of Transportation and Related Agencies 
Appropriations Act, 1991; 
The Treasury, Postal Service, and General 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, or 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, 
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 appropriation, fund, or authority granted by 
49-139 O - 90 (461) 
104 STAT. 1076 
PUBLIC LAW 101-461—OCT. 25, 1990 
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 ap-
plicable 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 
annual 
rate 
for 
new 
obligational 
authority 
of 
$265,369,000,000, 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 
multi-year procurements utilizing advance procurement funding for 
PUBLIC LAW 101-461—OCT. 25, 1990 
104 STAT. 1077 
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 ap-
plicable 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 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 27, 
1990, whichever first occurs. 
SEC. 109. 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. 110. 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. 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 this joint resolution may be used without 
regard to the time limitations for submission and approval of appor-
tionments set forth in section 1513 of title 31, United States Code, 
39-194 O - 91 - 4 : QL 3 Part 2 
104 STAT. 1078 
PUBLIC LAW 101-461—OCT. 25, 1990 
but nothing herein shall be construed to waive any other provision 
of law governing the apportionment of funds. 
2 use 902 note. 
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. 
Termination 
(b) Subsection (a) shall cease to be effective on the date set forth in 
^^^^- 
section 108(c). 
EXTENSION OF TEMPORARY INCREASE IN PUBLIC DEBT UMIT 
Ante, p. 403. 
SEC. 114. Section 1 of Public Law 101-350 is amended by striking 
"October 24,1990" and inserting "October 27,1990". 
Approved October 25, 1990. 
LEGISLATIVE HISTORY—H.J. Res. 681: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 24, considered and passed House and Senate.