Excerpt from, Making Appropriations for the Department of Interior and Related Agencies, 1998, relating to the Smithsonian Institution.

PUBLIC LAW 105-46 SEPT. 30, 1997 111 STAT. 1153

Public Law 105-46 105th Congress

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:

SECTION 101.

(a) Such amounts as may be necessary under

the authority and conditions provided

in

the applicable appropria- tions Act for the fiscal year 1997 for continuing projects or activities including the costs of direct loans and loan guarantees

(

not other- wise 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 appro- priations 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 R

elated

Programs Appropriations Act, 1998, notwithstanding section

10 of Public Law 91-672 and section 15

(a)

of the State D

epart-

ment Basic Authorities Act of 1956;

'

Sept. 30, 1997 [H.J. Res. 94]

•

111 STAT. 1154 T. 30 997

7) the Depa

m nt of

t e Int io a d R

lat d

^{Ag ci}

Appropr"ation Act, 1998;

(8) the Department of L b H a th a d rna rvice and Education, and Related Agencie App o riat·o Ac , 998;

(9) the Legi lative Branch Appropriation Act, · 998;

(10) the Military Construction App opriat·o . Act, 1998;

(11) the Department of Tran portation App opriation Ac , 1998;

(12) the Trea ury, Po tal erv·ce, and General Government Appropriation Act, 1998; and

(13) the Departments of Veteran Mfair and Hou ing and Urban Development, and Independent Agencie Appropriation Act, 1998:

Provided, That whenever the amount which would be made avail- able or the authority which would b granted in the e Act a pa sed by the

Hou

e and Senate

a

of October 1 1997, i different than that which would b available or grant d und r current oper-

ations, the pertinent project or activity hall be continued at a rate for operation not exceeding the current rate: Provided further That whenever the amount of th budget reque t i l than the amount for current operation a d the amount which would be made ava "lable or the authority which would be granted in the e appropriation Act a pa sed by the Hou e and Senat

a of October 1, 1997 i le than th amount fo current operation then the pert1nen project or activity hall be continued at a rat for operation not exc eding the greater of th rate that would be p vided by th amount of t e budget r que t or the amount which would be made available or the authority which would be granted i the e appropr1at"on Act : Provided further That whenever the e · no amount mad available under a y of the

approp iation Act a pa ed by th Hou and Senate a of Octob r 1, 1997 for a c ntinuing proj c or ac ivity which wa conducted in fi cal year 1997 and for which there i fi cal year

1998 funding included in the budget eque t, the per inent projec or activity hall b con inu d a a rate for op ration not xc eding the le er of he rat tha would be provided by the amoun

of the budget req e

t

r th ate for curr nt op ration under the hor·ty · d condition provided ·n th app icabl app opria- tion ct fo he fi cal year 1997.

b) Whene h amount which would be mad avai able or

V.L.Le utho · w · · h would b t d und r an ct · t d in hi

p e b Hou of Oc ob 1 1997 · dif£ r n ich ld b v ·1 b e a d und r ch c

. h . c ob r 1 1997 h p rtin nt

proJec or y c nt1 u d t r or op r t. no e ceeding he curr ra nd p op io f nd r uthor- i gr ed b ppl· c b r pri ti n c £ f.. l a

199 nd d t u ·o ^y n d·t· r ¹ ·n h

pplic b · io c fo fi cal 997: Pro "ded

T a amo o he budg t qu t th

mo en ope a n n e o n auld

be a e a o hor· y h"c wo d b i

h app op ia on c a pa by d th

of c o r 1 1997 a bo h ha

ope o h n · p _c co

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PUBLIC LAW 105-46 SEPT. 30, 1997 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 appropria- tion, 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: Pro-

vided 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 pro- gram 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

~ubprogram element within an appropriation account, for which appropriations, funds, or other authority were not available during the fiscal year 1997 · ProvLded, That no appropriation or funds

made available or authority granted pursuant to section 101 for th e Department of Defense hall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless pecifically appropriated later.

111 STAT. 1156

Termination date.

1 77f not .

SE . 103. A p opri tion d by ct'on 101 hall b ava·lable to th extent and in th mann r whic would b provided by the pertinent appropr · ation Act.

SEC. 104. No appropriat·on or fund made available or authority grant d pur uant to ection 101 hall b u ed to ·nitiate orr ume

any project or activity for which appropriation , fund , or other authority were not available during the fi cal year 1997.

SEC. 105. No provi ion which ¹ included in an appropriation Act enumerated in ection 101 but wh'ch wa not included in the applicable appropriations Act for fiscal year 1997 and which by its terms i applicable to more than one appropriation, fund, or authority hall be appl' cable to ^any appropriation, fund, or authority provided in this joint resolution.

SEC. 106. Unless otherwi e provided for in this joint re olution or in the applicable appropriation Act, appropriations and fund made available and authority granted pur uant to this joint resolution shall be available until: ⁽¹⁾ enactment into law of

appropriation for any project or activity provided for in th1 jo'nt resolution; or ⁽²⁾ th enactment into law of the applicable approp ia- tions Act by both House without any provi ion for uch project or activity; or (3) October 23, 1997 which ver fir t occur .

SEC. 107. Appropriat·on made and authority granted pu uant to this joint re olution hall cover all obligation or expenditur

incurred for ^any program, project o activity dur·ng the pe iod for which fund or author·ty for uch project or activity are available

under this joint re olution.

SE . 108. Expenditure made pur uant to thi joint re elution hall be charged to the appl cab e appropriation, fund or authoriza- tion when ver a bill in which uch applicabl approp iation fun o author zation 1 contained i enacted into law.

SEC. 109. o prov1 ion in the appropr · ation Act for the fi ca y ar 1998 referred o ·n ec ion 101 f thi Act that mak th

availability of ny appropriation provided th rein dependent up

the enactmen of additional authorizing ^r o he legi lation hall be effective befor th dat et forth in ction 106 3) of thi join re o ution.

SEC. 110. App op iat1on and fund made availabl by o aut ority granted pur uant to thi JOint re ol ti n may b u

without rega d to the time limi at· on fo ubmi ion and a ^p ova of appor io ment et for h in ct·on 1513 of t'tle 31, Unit

Stat Cod , but not ·ng h in hall b con tru d to w ·v any other provi ·on of law governing the apportionment of fund .

E . 111.

Th'

jo'n re oluti n hall be impleme ed only th mo ^t l"m'ted funding cti n of th ^p rm't d ·n t

e ol tio hall b t n in or er o prov'de fo co ·n proj ^c d act·v· · .

0 h

• •

1

E . 112. otwith tand'ng ^any th r p vi IOn i joi e ol tion . e cept ect1on 106 for tho e program t d hi

· · ·al

t

of ope ation or compl

t

di ib t'o ^{of c}

1997 a ppropria · o a

t

^{e b · n in of a} fi c 1 y r b c of di r1but"on of fu ing to State fo · coun r·

or othe imila di t ib tion of d for fi c ⁹ h . r

0

not be ade and no gran ha 1 b awar d for

funded by hi re ol tion tha · ould impi g o final f nd·n p oga • ve .

E . 113. wi andi g an o he pro i ·on of ection 106 he amo n mad a

JO

PUBLIC LAW 105-46 SEPT. 30, 1997 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, Jus- tice, 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 Oper-

ations; 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 Administra- tion 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

8 USC 1351 note.

resolution, except section

106,

the authorities provided under sub- section

(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" ⁴²

usc

^4026,

and inserting "October

23, 1997"

and

in

section

1336

by striking

^4056.

"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 authonzed by section

11601 o

f the National Capital Revitalization and S

elf-Government

Improvement Act of

1997,

Public Law

105-33.

Any interest or

EPT. 30, 1997

p naltie h would g a ly ly to ch la paym nt a h by w iv d un r t i pr v· ·on.

SE . 120. In additi n o he amo nt made available £ th

t

^{r n} He lth Adm'ni tration M dical Care account pur ua to

c ion 101 of th' jo nt oluti n thi accoun · al o availabl

fo nee y admin·

t

at·ve and legal expen e of the Departmen for collecting and recovering amount owed the Department a

authorized under 38 U.S.C. cha te 17 and the Federal Med'cal

Ca e

Recove y

Act

42

U.S.C.

2651 et eq.

SEC. 121. Notwith tanding ection 235(a)(3) of the Foreign A i tance Act of 1961 (22 U.S.C. 2195(a)(3)), the authority of

ection 235 a)(l) and (2) of the arne Act, shall rema·n in effect dur·ng the pe iod ofth' joint re elution.

SEC. 122. Section 7 of th Export-Import Bank Act of 1945 (12 U.S.C.635D i amend d by triking '1997' and in e ting

'October 23, 1997' .

8 c ^{11 2 no .} SE . 123. Section 506(c of Public Law 103-317 i am nded

. -1· i

by triking Sept mber 30 1997 and ·n rting October 23, 1997 .

L

Approved Sept mber 30 1997.

• •

RE IO L R

ept. 9 on id re nd p

. .

e . 30 con id red nd p n

PI TI I I

p . 3 0 Pr 1d n i I a m n .

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