Making continuing appropriations for the fiscal year 1998, and for other purposes.
PL 105-46 (H.J.Res.94), enacted 09/30/1997

PUBLIC LAW 105-46—SEPT. 30, 1997 
111 STAT. 1153 
Public Law 105-46 
105th Congress 
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, 
corporations, and other organizational units of Government for the 
fiscal year 1998, and for other purposes, namely: 
SECTION 101. (a) Such amounts as may be necessary under 
the authority and conditions provided in the applicable appropria-
tions Act for the fiscal year 1997 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 1997 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, Eind Related Agencies Appropriations Act, 1998; 
(2) the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations 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 (Pubhc Law 103-236), and section 53 of the 
Arms Control and Disarmament Act; 
(3) the Department of Defense Appropriations Act, 1998, 
notwithstanding section 504(a)(1) of the National Security Act 
of 1947; 
(4) the District of Columbia Appropriations Act, 1998, the 
House and Senate reported versions of 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 reported 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; 
(5) the Energy and Water Development Appropriations Act, 
1998; 
(6) the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998, notwithstanding section 
10 of Public Law 91-672 and section 15(a) of the State Depart-
ment Basic Authorities Act of 1956; 
Sept. 30, 1997 
[H.J. Res. 94] 
I l l STAT. 1154 
PUBLIC LAW 105-46—SEPT. 30, 1997 
(7) the Department of the Interior and Related Agencies 
Appropriations Act, 1998; 
(8) the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 1998; 
(9) the Legislative Branch Appropriations Act, 1998; 
(10) the Military Construction Appropriations Act, 1998; 
(11) the Department of Transportation Appropriations Act, 
1998; 
(12) the Treasury, Postal Service, and General Government 
Appropriations Act, 1998; and 
(13) 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 avail-
able or 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 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, 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 authority 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 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 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 appropria-
tions Act for the fiscal year 1997. 
(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, 1997, is different 
from that which would be available or granted under such Act 
as passed by the Senate 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 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, 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 
PUBLIC LAW 105-46—SEPT. 30, 1997 
111 STAT. 1155 
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 appropriations 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 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 1997: 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, 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 
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 1998 and under the authority and conditions provided 
in the applicable appropriations Act for the fiscal year 1997: 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, 1997, for a continuing project or 
activity which was conducted in fiscal year 1997 smd 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 operations 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 Department of Defense 
shall be used for new production of 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 
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 
subprogram element within an appropriation account, for which 
appropriations, funds, or other authority were not available during 
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 procurement funding for economic 
order quantity procurement unless specifically appropriated later. 
I l l STAT. 1156 
PUBLIC LAW 105-46—SEPT. 30, 1997 
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 appropriations, funds, or other 
authority were not available during the fiscal year 1997. 
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 1997 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. 
Termination 
SEC. 106. Unless otherwise provided for in this joint resolution 
date. 
or in the applicable appropriations Act, appropriations and funds 
made available and authority granted pursuant to this joint 
resolution shall be available until: (1) enactment into law of an 
appropriation for any project or activity provided for in this joint 
resolution; or (2) the enactment into law of the applicable appropria-
tions Act by both Houses without any provision for such project 
or activity; or (3) October 23, 1997, 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 1998 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(3) 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 
1997 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 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. 
15 use 77f note. 
SEC. 113. Notwithstanding any other provision of this joint 
resolution, except section 106, the amount made available to the 
PUBLIC LAW 105-46—SEPT. 30, 1997 
111 STAT. 1157 
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 contained in Public Law 104-208, which fee rate and 
offsetting collection authority shall remain 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 
operations 
for 
projects and activities that would be funded under the heading 
"International Organizations and Conferences, Contributions to 
International Organizations" in the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998, 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. 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-Govemment Act of 1997, Public Law 105-
33, shall be the higher of the amounts in the budget request 
or the House or Senate District of Columbia Appropriations Act, 
1998, passed as of October 1, 1997, multiplied by the ratio of 
the number 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 Oper-
ations; Pa)anent to the District of Columbia Corrections Trustee 
for Correctional Facilities, Construction 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 Commission, as appropriate. 
SEC. 116. Notwithstanding any other provision of this joint 8 USC 1351 note, 
resolution, except section 106, the authorities provided under sub-
section (a) of section 140 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (PubUc 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 period 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" 42 USC 4026, 
and inserting "October 23, 1997" and in section 1336 by striking 4056. 
"September 30, 1996" and inserting "October 23, 1997". 
SEC. 119. Notwithstanding section 204 of the Financial 
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 beyond October 1, 1997 until it receives 
the full year Federal contribution, as authorized by section 11601 
of the National 
Capital Revitalization 
and 
Self-Government 
Improvement Act of 1997, Public Law 105-33. Any interest or 
I l l STAT. 1158 
PUBLIC LAW 105-46—SEPT. 30, 1997 
penalties that would generally apply to such late payments are 
hereby waived under this provision. 
SEC. 120. In addition to the amounts made available for the 
Veterans Health Administration, Medical Care account 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 recovering amounts owed the Department as 
authorized under 38 U.S.C. chapter 17, and the Federal Medical 
Care Recovery 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". 
8 use 1182 note. 
SEC. 123. Section 506(c) of Pubhc Law 103-317 is amended 
by striking "September 30, 1997" and inserting "October 23, 1997". 
Approved September 30, 1997. 
LEGISLATIVE HISTORY—H.J. Res. 94: 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Sept. 29, considered and passed House. 
Sept. 30, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Sept. 30, Presidential statement.