[105th Congress Public Law 240]
[From the U.S. Government Printing Office]
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[DOCID: f:publ240.105]
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CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1999
[[Page 112 STAT. 1566]]
Public Law 105-240
105th Congress
Joint Resolution
Making continuing appropriations for the fiscal year 1999, and for other
purposes. <<NOTE: Sept. 25, 1998 - [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,
[[Page 112 STAT. 1567]]
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
[[Page 112 STAT. 1568]]
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.
[[Page 112 STAT. 1569]]
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. <<NOTE: Termination date.>> 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,
[[Page 112 STAT. 1570]]
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. <<NOTE: Mines and mining.>> 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. <<NOTE: Patents and trademarks.>> 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.
[[Page 112 STAT. 1571]]
Sec. 119. <<NOTE: Census.>> 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.
Approved September 25, 1998.
LEGISLATIVE HISTORY--H.J. Res. 128:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
Sept. 17, considered and passed House and Senate.
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