101st CONGRESS
2d Session
H. J. RES. 655
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 1991, supplemental
appropriations for `Operation Desert Shield' for the fiscal year 1990,
and for other purposes.
HJ 655 EH
101st CONGRESS
2d Session
H. J. RES. 655
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 1991, supplemental
appropriations for `Operation Desert Shield' for the fiscal year 1990,
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 1991, and for other purposes, namely:

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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 available in the
following appropriations Acts:
The Departments of Commerce, Justice, and State, the Judiciary, 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 Programs 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 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, 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 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.

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TITLE I

-CONTINUING APPROPRIATIONS

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 conditions 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.

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and activities, which were conducted in fiscal year 1990, for which
provision was made in the Department of Defense Appropriations Act, 1990,
but such activities shall be funded at not to exceed an annual 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 program 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 economic order quantity procurement unless
specifically appropriated later:  Provided further,  That no appropriation
or funds made available or authority granted pursuant to this section for
procurement 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, activities, operations,
or organizations relating to `Operation Desert Shield'.

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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.

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

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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.

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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 authority shall be applicable to any
appropriation, fund, or authority provided in this joint resolution.

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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.

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I of 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.

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shall 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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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.

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pursuant to title I of 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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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).

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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 appropriated 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.
Extension of Certain Medicare Hospital Payment Provisions

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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 section 1886(d)(3)(E) 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 applicable to such hospital as of September 30, 1990.
(b) EXTENSION OF REGIONAL FLOOR ON STANDARDIZED AMOUNTS-
(1) Section 1886(d)(1)(A)(iii) of the Social Security Act (42
U.S.C. 1395ww(d)(1)(A)(iii)) is amended by striking `September 30, 1990,'
and inserting `October 20, 1990,'.
(2) The Secretary of Health and Human Services shall make any adjustments
resulting from the amendment made by paragraph (1) in the amount of the
payments 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 payments under such section
are not greater or less than those that would have been made in the year
without such adjustments.
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.
Military Personnel, Marine Corps
For an additional amount for fiscal year 1990 for `Military personnel,
Marine Corps', $33,700,000.
Military Personnel, Air 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 personnel,
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 Ammunition, 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.
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 September 30, 1991: Provided,
That not less than $6,500,000 shall be provided as a grant to the National
Marrow Donor Program 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

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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.

a95cefb7f25fb53eb2c0e4a5da8bfccb91e7d422c30d4e733e426fa136a9cf3d

TITLE II

-SUPPLEMENTAL APPROPRIATIONS FOR OPERATION DESERT SHIELD

10, United States Code, is amended by adding at the end the following
new section:
`Sec. 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 accordance 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 conditions and in
accordance with such procedures as the Secretary determines appropriate; or
`(3) 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 description of all property having a value
of more than $1,000,000.
`(2) In computing the value of any property referred to in paragraph (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 limitation otherwise applicable to such
program, project, or activity.
`(g) INVESTMENT OF MONEY- (1)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.
`(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 GAO- The Comptroller General of the United States shall
conduct an annual 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 regulations 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.
(c) TRANSFER OF FUNDS- Any money in the special account provided 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).
DEPARTMENT OF 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.
Passed the House of Representatives September 30, 1990.
Attest:
Clerk.

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Making continuing appropriations for the fiscal year 1991, supplemental appropriations for "Operation Desert Shield" for the fiscal year 1990, and for other purposes.

Making continuing appropriations for the fiscal year 1991, supplemental appropriations for "Operation Desert Shield" for the fiscal year 1990, and for other purposes. — HJRES. 655

Other Sections

TITLE I

TITLE II

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