[Congressional Record Volume 144, Number 124 (Thursday, September 17, 1998)]
[Senate]
[Pages S10499-S10501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1999, AND FOR 
                             OTHER PURPOSES

  Mr. STEVENS. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of House Joint Resolution 128, 
the continuing resolution.

[[Page S10500]]

  I further ask that the joint resolution be read a third time and be 
passed and the motion to reconsider be laid upon the table, with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution (H.J. Res. 128) was read the third time and 
passed.
  Mr. STEVENS. I ask that H.J. Res. 128 be spread on the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             H.J. Res. 128

       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.

[[Page S10501]]

       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, U.S.C., 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 P.L. 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 resolution to 365.

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