[105th Congress Public Law 46]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ46.105]


[[Page 111 STAT. 1153]]

Public Law 105-46
105th Congress

                            Joint Resolution


 
      <<NOTE: Sept. 30, 1997 -  [H.J. Res. 94]>> 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:
    Section 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:
            (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;

[[Page 111 STAT. 1154]]

            (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

[[Page 111 STAT. 1155]]

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.
    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.

[[Page 111 STAT. 1156]]

    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.
<<NOTE: Termination date.>>     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: (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.

    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(3) 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.
<<NOTE: 15 USC 77f note.>>     Sec. 113. Notwithstanding any other 
provision of this joint resolution, except section 106, the amount made 
available to the

[[Page 111 STAT. 1157]]

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.

    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.
<<NOTE: 8 USC 1351 note.>>     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) <<NOTE: 42 USC 4026, 4056.>> 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

[[Page 111 STAT. 1158]]

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 
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.
    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''.
<<NOTE: 8 USC 1182 note.>>     Sec. 123. Section 506(c) of Public Law 
103-317 is amended by striking ``September 30, 1997'' and inserting 
``October 23, 1997''.

    Approved September 30, 1997.

LEGISLATIVE HISTORY--H.J. Res. 94:
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CONGRESSIONAL RECORD, Vol. 143 (1997):
            Sept. 29, considered and passed House.
            Sept. 30, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Sept. 30, Presidential statement.

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