[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 94 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. J. RES. 94

  Making continuing appropriations for the fiscal year 1998, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1997

  Mr. Livingston introduced the following joint resolution; which was 
              referred to the Committee on Appropriations

_______________________________________________________________________

                            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:
    Sec. 101. (a) Such amounts as may be necessary under the 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:
            The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 1998;
            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;
            The Department of Defense Appropriations Act, 1998, 
        notwithstanding section 504(a)(1) of the National Security Act 
        of 1947;
            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;
            The Energy and Water Development Appropriations Act, 1998;
            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;
            The Department of the Interior and Related Agencies 
        Appropriations Act, 1998;
            The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 1998;
            The Legislative Branch Appropriations Act, 1998;
            The Military Construction Appropriations Act, 1998;
            The Department of Transportation Appropriations Act, 1998;
            The Treasury, Postal Service, and General Government 
        Appropriations Act, 1998; and
            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 for 
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 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.
    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 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.
    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.
    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 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 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 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(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 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.
    Sec. 113. Notwithstanding any other provision of this joint 
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 reman 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, 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.
    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-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.
    Sec. 116. Notwithstanding any other provision of this joint 
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.
    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'' and 
inserting ``October 23, 1997'' and in section 1336 by striking 
``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 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 removing 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''.
    Sec. 123. Section 506(c) of Public Law 103-317 is amended by 
striking ``September 30, 1997'' and inserting ``October 23, 1997''.
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