[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 128 Enrolled Bill (ENR)]
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:

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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 otherwise 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 appropriations 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,
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
(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, 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 available 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 operations, 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 whenever there is no amount
made available under any of these appropriations 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 authority 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 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 appropriation, 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: Provided 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.

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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 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
program element and subprogram element within an appropriation account,
for which appropriations, 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
utilizing advance procurement funding for economic order quantity
procurement unless specifically appropriated later.

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the extent and in the manner which would be provided by the pertinent
appropriations Act.

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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.

b5b2e42d0dcbbf6e930adb8b5245a8642328cd1f1ec790ad88479c8a02d1daed

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.

7caab9686ef24705d850cde9f59016234b9a8f4f8d9b204bcb005e1b4a4b4ab9

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 into law of the applicable appropriations Act by both Houses
without any provision for such project or activity; or (c) October 9,
1998, whichever first occurs.

723bc1fbc6a4bef92be7fa1eed77e2ffee12f85b09db35df5bd08cea5c484796

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.

0ecb526e54eaeea1aeb9672b2c31c5411c7e64399d56584caaa83fd70a77232e

be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.

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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.

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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.

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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.

c155a714811526a206ec09e33fc5a0198bd255fdd8a763e120922d14df349ddc

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.

29fbe34121cdf27caf36e919930b36f6e0a3cf68e8183bcc61ffa213694e2de0

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, Justice, 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.

8da9f3a51ef26d3c40d3e4ea8a7f691cf265a031fd5767e8048755637c43339d

resolution, except section 106, the rate for operations for the
following 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.

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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.

96a23a8232db4d8488d3fb6acf7e758e4b25e494aa57e61a6ba5a83648fed9b8

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.

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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.

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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.

2f2a3afe46a26e84ee34b3e9f280a41c82d7ef0fe78d1d42afaae281e89a4e50

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.

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Continuing Appropriation FY99 (First)

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