2. Foreign Assistance Appropriations a. Further Continuing Appropriations, Fiscal Year 1992 Public Law 102–145 (H.J. Res. 360], 105 Stat. 968, approved October 28, 1991; as amended by Public Law 102-163 [H.J. Res. 374], 105 Stat. 1048, approved November 15, 1991; and by Public Law 102–266 [H.J. Res. 456], 106 Stat. 92, approved April 1, 1992 NOTE.-Fiscal year 1991 appropriations levels were continued for fiscal year 1992 in Public Law 102-109 (105 Stat. 551; approved September 30, 1991), and further continued in Public Law 102-145 (105 Stat. 968; approved October 28, 1991), pending the final passage of several annual appropriations bills (see section 101, below). Public Law 102-163 (105 Stat. 1048; approved November 15, 1991) extended Public Law 102-145 as it applied to all appropriations listed in sec. 101 from November 14, 1991, to November 26, 1991, except the Foreign Operations, Export Financing, and Related Programs Appropriations, which was extended to March 31, 1992, in the original legislation. Public Law 102-266 (106 Stat. 92; approved April 1, 1992) extended the applicability of Public Law 102-145, as it pertains to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992, from March 31, 1992, to September 30, 1992. NOTE.-Section 114 of this Further Continuing Appropriations, Fiscal Year 1992, as amended, states the following definition of current rate: "Notwithstanding any other provision of this joint resolution, any rate for operations for any project or activity funded by this joint resolution for foreign operations, export financing, and related programs that is based on the current rate for operations shall be defined to be the amounts appropriated in fiscal year 1991.". Sec. 101(c) of this Public Law, however, allows for funding levels approved by the House to be applicable in some instances: "(c) Whenever an Act listed in this section has been passed by only the House as of October 1, 1991, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for operations not exceeding the current rate or the rate permitted by the action of the House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991: Provided, That where an item is funded in applicable appropriations Acts for the fiscal year 1991 and not included in the version passed by the House as of October 1, 1991, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1991, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991.". The Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1991 (Public Law 101-513), as amended, and H.R. 2621 as passed by the House on June 19, 1991, follow at pages 566 and 671, respectively. Footnotes indicate which funding levels are applicable for fiscal year 1992. Funding levels are also cut, however, by sec. 126 of this Public Law which requires a reduction of "each discretionary appropriation provided in this joint resolution for foreign operations, export financing, and related programs, except funds made available by section 127 [Department of State, International Organizations and Conference, Contributions for International Peacekeeping Activities] . . . by 1.4781 per centum.". JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1992, and for other purposes. Be it enacted 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 1992, and for other purposes, namely: SEC. 101. (a) Such amounts as may be necessary under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991 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 1991 and for which appropriations, funds, or other authority would be available in the following appropriations Acts: The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992; 1 The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992,2 notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 201 of Public Law 99-64 and section 701 of the United States Information and Educational Exchange Act of 1948; The Department of Defense Appropriations Act, 1992,3 notwithstanding section 504(a)(1) of the National Security Act of 1947; The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992, notwithstanding section 10 of Public Law 91-672 and section 15(a) of the State Department Basic Authorities Act of 1956; The Department of the Interior and Related Agencies Appropriations Act, 1992; 5 7 The Departments of Labor, Health and Human Services, and The Treasury, Postal Service, and General Government Appropriations Act, 1992; 9 and The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992; 10 Provided, That whenever the amount which would be made available or the authority which would be granted in these Acts is greater 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. (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, 1991, is different from 1 Public Law 102-142 (105 Stat. 878; approved October 28, 1991). 2 Public Law 102-140 (105 Stat. 782; approved October 28, 1991). 3 Public Law 102-172 (105 Stat. 1150; approved November 26, 1991). 5 Public Law 102-154 (105 Stat. 999; approved November 13, 1991). that which would be available or granted under such Act as passed by the Senate as of October 1, 1991, the pertinent project or activity shall be continued at a rate for operations not exceeding the current rate or the rate permitted by the action of the House or the Senate, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991: Provided, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1991, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991. (c) Whenever an Act listed in this section has been passed by only the House as of October 1, 1991, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for operations not exceeding the current rate or the rate permitted by the action of the House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991: Provided, That where an item is funded in applicable appropriations Acts for the fiscal year 1991 and not included in the version passed by the House as of October 1, 1991, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1991, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1991. 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 1991 or prior years, for the increase in production rates above those sustained with fiscal year 1991 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 1991, except projects, activities, operations, or organizations relating to "Operation Desert Shield/Desert Storm": 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. 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 1991. 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 1991, 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. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to section 101 of 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 of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) November 26, 1991,11 except for the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992, for which date shall be September 30, 1992,12 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 any appropriations Act for the fiscal year 1992 referred to in section 101 of this joint resolution 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. Notwithstanding any other provision of this joint resolution or any other law, the amendments made by sections 8012 and 8013 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) 13 shall remain in effect through the period covered by this joint resolution. SEC. 112. Notwithstanding any other provision of this joint resolution, except section 106, activities funded in the National Science 11 Public Law 102-163 (105 Stat. 1048) struck out "November 14, 1991", and inserted in lieu thereof "November 26, 1991". 12 Sec. 101 of Public Law 102-266 (106 Stat. 92) struck out "March 31, 1992", and inserted in lieu thereof "September 30, 1992”. 13 The amendments in secs. 8012 and 8013 of Public Law 101-508 (104 Stat. 1388-345) pertain to veterans and medical copayments. |