[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;
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(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
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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.
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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
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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
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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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