< Back to H.J.Res. 128 (105th Congress, 1997–1998)

Text of Continuing Appropriation FY99 (First)

This resolution was enacted after being signed by the President on September 25, 1998. The text of the bill below is as of Oct 1, 1998 (Passed Congress/Enrolled Bill).

This is not the latest text of this resolution.

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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:
    Sec. 101. (a) Such amounts as may be necessary under the authority 
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.
    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 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.
    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 1998.
    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 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.
    Sec. 106. 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 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.
    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 authorization 
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 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.
    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 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.
    Sec. 113. 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, 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.
    Sec. 114. Notwithstanding any other provision of this joint 
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.
    Sec. 115. Activities authorized by sections 1309(a)(2), 1319, 
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.
    Sec. 116. Section 28f(a) of title 30, United States Code, is 
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.
    Sec. 117. The amounts charged for patent fees through the date 
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.
    Sec. 118. Notwithstanding sections 101, 104, and 106 of this joint 
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.
    Sec. 119. Notwithstanding any other provision of this joint 
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.