[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.J. Res. 94 Enrolled Bill (ENR)]
H.J. Res.94
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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:

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authority and conditions provided in the applicable appropriations Act
for the fiscal year 1997 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 1997 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, 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
(Public 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 Department Basic
Authorities Act of 1956;
(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 available 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 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, 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 appropriations 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 authority 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 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 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 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: 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, 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
appropriations Act for the fiscal year 1997.

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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 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 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 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.

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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 1997.

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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.

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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 appropriations Act by both Houses
without any provision for such project or activity; or (3) October 23,
1997, whichever first occurs.

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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 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.

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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 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.

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resolution, except section 106, the amount made available to the
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.

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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, 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.

55aed1a74aae581c1efe73b9a19a6973825acfb641b9d098e6dc99ceb25fbcca

resolution, except section 106, the amounts made available for the
following new programs authorized by the National Capital
Revitalization and Self-Government 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 Operations; Payment 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
Administration 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.

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resolution, except section 106, the authorities provided under
subsection (a) of section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) shall remain in
effect during the period of this Act, notwithstanding paragraphs (3)
and (5) of said subsection.

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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.

6eb1f1a8a6d3079323e74e74c0efbbdfb6e1239a34470668098fa5883b731c6b

is amended in section 1319 by striking ``September 30, 1997'' and
inserting ``October 23, 1997'' and in section 1336 by striking
``September 30, 1996'' and inserting ``October 23, 1997''.

65e9464d9990d905f172fd2c7ebb89dd0de9f64e24e04f42ae428e4e444be7bd

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 penalties that would generally apply to such
late payments are hereby waived under this provision.

db65a8147887fc381f0f5c322a2060ab5264166134af16d7e0dbb863620be773

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.

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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.

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U.S.C.635f) is amended by striking ``1997'' and inserting ``October 23,
1997''.

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striking ``September 30, 1997'' and inserting ``October 23, 1997''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Continuing Appropriation (first)

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