H. J. RES. 325 MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1982
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Union Calendar no. 153
97TIi CONGRESS
1ST SESSION
. J. RES. 325
[Report No. 97-223]
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Making continuing appropriations for the fiscal year 1982, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 11, 1981
Mr. WHITTEN (for himself and Mr. CONTE). introduced the following joint
resolution; which was referred to the Committee on Appropriations
SEPTEMBER 14, 1981
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
JLWINI LUT
Making continuing appropriations for the fiscal year 1982, and
for other purposes.
1 Resolved by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
3 That the following sums are appropriated, out of any money
4 in the Treasury not otherwise appropriated, and out of appli-
5 cable corporate or other revenues, receipts, and funds, for the
6 several departments, agencies, corporations, and other orga-
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1 nizational units of the Government for the fiscal year 1982,
2 and for other purposes, namely:
3 SEC. 101. (a)(1) Such amounts as may be necessary for
4 continuing projects or activities (not otherwise specifically
5 provided for in this joint resolution) which were conducted in
6 the fiscal year 1981 and for which appropriations, funds, or
7 other authority would be available in the following appropri-
8 ations Acts:
9 Departments of Commerce, Justice, and State,
10 the Judiciary, and Related Agencies Appropriation
11 Act, 1982, notwithstanding section 15(a) of the State
12 Department Basic Authorities Act of 1956 and section
13 701 of the United States Information and Educational
14 Exchange Act of 1948, as amended;
15 District of Columbia Appropriation Act, 1982;
16 Departments of Labor, Health and Human Serv-
17 ices, and Education, and Related Agencies Appropri-
18 ation Act, 1982;
19 Military Construction Appropriation Act, 1982;
20 and
21 Department of Transportation and Related Agen-
22 cies Appropriation Act, 1982.
23 (2) Appropriations made by this subsection shall be
24 available to the extent and in the manner which would be
25 provided by the pertinent appropriation Act.
H. J. Res. 325-rh
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1 (3) Whenever the amount which would be made availa-
2 ble or the authority which would be granted under an Act
3 listed in this subsection as passed the House as of October 1,
4 1981, is different from that which would be available or
5 granted under such Act as passed by the Senate as of Octo-
6 ber 1, 1981, the pertinent project or activity shall be contin-
7 ued under the lesser amount or the more restrictive author-
8 ity: Provided, That where an item is included in only one
9 version of an Act as passed by both Houses as of October 1,
10 1981, the pertinent project or activity shall be continued
11 under the appropriation, fund, or authority granted by the
12 one House, but at a rate for operations not exceeding the
13 current rate or the rate permitted by the action of the one
14 House, whichever is lower, and under the authority and con-
15 ditions provided in applicable appropriation Acts for the fiscal
16 year 1981.
17 (4) Whenever an Act listed in this subsection has been
18 passed by only one House as of October 1, 1981, the perti-
19 nent project or activity shall be continued under the appropri-
20 ation, fund, or authority granted by the one House, but at a
21 rate for operations not exceeding the current rate or the rate
22 permitted by the action of the one House, whichever is
23 lower, and under the authority and conditions provided in
24 applicable appropriation Acts for the fiscal year 1981: Pro-
25 vided, That for the purposes of this joint resolution, when an
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1 Act listed in this subsection has been reported to the House
2 but not passed by the House as of October 1, 1981, it shall
3 be deemed as having been passed by the House.
4 (5) No provision which is included in an appropriation
5 Act enumerated in this subsection but which was not includ-
6 ed in the applicable appropriation Act of 1981, and which by
7 its terms is applicable to more than one appropriation, fund,
8 or authority shall be applicable to any appropriation, fund, or
9 authority provided in the joint resolution unless such provi-
10 sion shall have been included in identical form in such bill as
11 enacted by both the House and the Senate.
12 (b) Such amounts as may be necessary for continuing
13 the following activities, not otherwise provided for, which
14 were conducted in the fiscal year 1981, at a rate for oper-
15 ations not in excess of the current rate or the rate provided
16 for in the budget estimate, whichever is lower, and under the
17 more restrictive authority-
18 activities for which provision was made in the De-
19 partment of Defense Appropriation Act, 1981; and
20 activities for which provision was made in section
21 101(b) of Public Law 96-536 regarding foreign assist-
22 ance and related programs, notwithstanding section 10
23 of Public Law 91-672, and section 15(a) of the State
24 Department Basic Authorities Act of 1956.
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1 (c) Notwithstanding the provisions of sections 102 and
2 106 of this joint resolution, such amounts as may be neces-
3 sary for continuing projects and activities. under all the condi-
4 tions and to the extent and in the manner as provided in
5 H.R. 4120, entitled the Legislative Branch Appropriation
6 Act, 1982, as reported July 9, 1981; and the provisions of
7 H.R. 4120 shall be effective as if enacted into law; except
8 that the provisions of section 305 (a), (b), and (d) of H.R.
9 4120 shall apply to any appropriation, fund or authority
10 made available for the period October 1, 1981, through No-
11 vember 1, 1981, by this or any other Act.
12 (d) Such amounts as may be necessary for continuing
13 the following activities which were conducted in fiscal year
14 1981, but at a rate for operations not in excess of the current
15 rate-
16 activities of the Department of State for contribu-
17 tions to the United Nations Relief and Works Agency
18 for Palestinian Refugees notwithstanding section 10 of
19 Public Law 91-672, and section 15(a) of the State De-
20 partment Basic Authorities Act of 1956.
21 SEc. 102. Appropriations and funds made available and
22 authority granted pursuant to this joint resolution shall be
23 available from October 1, 1981, and shall remain available
24 until (a) enactment into law of an appropriation for any proj-
25 ect or activity provided for in this joint resolution, or (b) en-
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actment of the applicable appropriation Act by both Houses
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without any provision for such project or activity, or (c) No-
3 vember 1, 1981, whichever first occurs.
4 SEC. 103. Appropriations and funds made available or
5 authority granted pursuant to this joint resolution may be
6 used without regard to the time limitations for submission
7 and approval of apportionments set forth in section 665(d)(2)
8 of title 31, United States Code, but nothing herein shall be
9 construed to waive any other provision of law governing the
10 apportionment of funds.
11 SEC. 104. Appropriations made and authority granted
12 pursuant to this joint resolution shall cover all obligations or
13 expenditures incurred for any project or activity during the
14 period for which funds or authority for such projects or activi-
15 ty are available under this joint resolution.
16 SEc. 105. Expenditures made pursuant to this joint res-
17 olution shall be charged to the applicable appropriation, fund,
18 or authorization whenever a bill in which such applicable ap-
19 propriation, fund, or authorization is contained is enacted into
20 law.
21 SEc. 106. No appropriation or fund made available or
22 authority granted pursuant to this joint resolution shall be
23 used to initiate or resume any project or activity for which
24 - appropriations, funds, or other authority were not available
25 during the fiscal year 1981.
J R s. 325-r
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1 SEC. 107. Any appropriation for the fiscal year 1982
2 required to be apportioned pursuant to section 665 of title 31,
3 United States Code, may be apportioned on a basis indicating
4 the need (to the extent any such increases cannot be absorbed
5 within available appropriations) for a supplemental or defi-
6 ciency estimate of appropriation to the extent necessary to
7 permit payment of such pay increases as may be granted
8 pursuant to law to civilian officers and employees and to
9 active and retired military personnel. Each such appropri-
10 ation shall otherwise be subject to the requirements of section
11 665 of title 31, United States Code.
12 .-SEC. 108. All obligations incurred in anticipation of the
13 appropriations and authority provided in this joint resolution
14 for the purposes of maintaining the minimum level of essen-
15 tial activities necessary to protect life and property and
16 bringing about orderly termination of other functions are
17 hereby ratified and confirmed if otherwise in accordance with
18 the provisions of this joint resolution.
19 SEC. 109. No provision in any appropriation Act for the
20 fiscal year 1982 that makes the availability of any appropri-
21 ation provided therein dependent upon the enactment of addi-
22 tional authorizing or other legislation shall be effective before
23 the date set forth in section 102(c) of this joint resolution.
? 24 SEC. 110. To meet the emergency facing a number of
25 fruit producing States, particularly California, from the Medi-
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1 terranean and other types of fruit flies, as well as the imme-
2 diate and long-range threat to the timber stands and the wa-
3 tersheds of the Northeastern United States and other areas
4 from the gypsy moth, as well as to meet threats from other
5 pests and diseases, the Secretary of Agriculture is authorized
.6 to exercise the emergency authorities provided for in H.R.
7 4119 as passed the House of Representatives on July 27,
8 1981, in connection with the program of the Animal and
9 Plant Health Inspection Service, notwithstanding any other
10 provision of this joint resolution.