"Taken from 1^st^ enacted FY 2003 Continuing Resolution

P.L. 107-229..."

H.J.Res.111

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday, the twenty-third
day of January, two thousand and two

Joint Resolution

Making continuing appropriations for the fiscal year 2003, 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 fiscal
year 2003, and for other purposes, namely:

SEC. 101. Such amounts as may be necessary under the authority and
conditions provided in the applicable appropriations Act for fiscal year
2002 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 fiscal year 2002, at a
rate for operations not exceeding the current rate, and for which
appropriations, funds, or other authority was made available in the
following appropriations Acts:

\(1\) the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2002;

\(2\) the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2002, notwithstanding section
15 of the State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), and section 504(a)(1) of the National Security Act
of 1947 (50 U.S.C. 414(a)(1));

\(3\) the Department of Defense Appropriations Act, 2002,
notwithstanding section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1));

\(4\) the District of Columbia Appropriations Act, 2002;

\(5\) the Energy and Water Development Appropriations Act, 2002,
notwithstanding section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1));

\(6\) the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002, notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956;

\(7\) the Department of the Interior and Related Agencies Appropriations
Act, 2002;

\(8\) the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2002;

\(9\) the Legislative Branch Appropriations Act, 2002;

\(10\) the Military Construction Appropriations Act, 2002;

\(11\) the Department of Transportation and Related Agencies
Appropriations Act, 2002;

\(12\) the Treasury and General Government Appropriations Act, 2002; and

\(13\) the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2002.

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 2002 or
prior years, for the increase in production rates above those sustained
with fiscal year 2002 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
fiscal year 2002: 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 fiscal year 2002. SEC. 105. (a)
> For purposes of section 101, the term \`rate for operations not
> exceeding the current rate\'\--

\(1\) has the meaning given such term (including supplemental
appropriations and rescissions) in the attachment to Office of
Management and Budget Bulletin No. 01-10 entitled \`Apportionment of the
Continuing Resolution(s) for Fiscal Year 2002\' and dated September 27,
2001, applied by substituting \`FY 2002\' for \`FY 2001\' each place it
appears; but

\(2\) does not include any unobligated balance of funds appropriated in
Public Law 107-38 and carried forward to fiscal year 2002, other than
funds transferred by division B of Public Law 107-117.

\(b\) The appropriations Acts listed in section 101 shall be deemed to
include supplemental appropriation laws enacted during fiscal year 2002.

SEC. 106. 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. 107. 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 (a) enactment into law of an appropriation for any
project or activity provided for in this joint resolution, or (b) the
enactment into law of the applicable appropriations Act by both Houses
without any provision for such project or activity, or (c) October 4,
2002, whichever first occurs.

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. 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. 110. Notwithstanding any other provision of this joint resolution,
except section 107, for those programs that had high initial rates of
operation or complete distribution of fiscal year 2002 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 2003 shall not be made and no grants shall be
awarded for such programs funded by this resolution that would impinge
on final funding prerogatives.

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. For the Overseas Private Investment Corporation Program
account, for the cost of direct and guaranteed loans, at an annual rate
not to exceed \$19,000,000, to be derived by transfer from the Overseas
Private Investment Corporation non-credit account, subject to section
107(c).

SEC. 113. Activities authorized by section 403(f) of Public Law 103-356,
as amended by section 634 of Public Law 107-67, and activities
authorized under the heading \`Treasury Franchise Fund\' in the Treasury
Department Appropriations Act, 1997 (Pub. L. 104-208), as amended by
section 120 of the Treasury Department Appropriations Act, 2001 (Pub. L.
106-554), may continue through the date specified in section 107(c) of
this joint resolution.

SEC. 114. Activities authorized by Title IV-A of the Social Security
Act, and by sections 510, 1108(b), and 1925 of such Act, shall continue
in the manner authorized for fiscal year 2002 through December 31, 2002
(notwithstanding section 1902(e)(1)(A) of such Act): Provided, That
grants and payments may be made pursuant to this authority at the
beginning of fiscal year 2003 for the first quarter of such year, at the
level provided for such activities for the first quarter of fiscal year
2002: Provided further, That notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report 105-217, the
provisions of this section that would have been estimated by the Office
of Management and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 were they included in an Act other than an appropriations Act shall
be treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985, and by the Chairmen of the House and Senate Budget
Committees, as appropriate, under the Congressional Budget Act of 1974.

SEC. 115. Activities authorized by section 1722A of title 38, United
States Code may continue through the date specified in section 107(c) of
this joint resolution.

SEC. 116. In addition to amounts made available in section 101 and
subject to sections 107(c) and 108 of this joint resolution, such sums
as may be necessary for contributions authorized by 10 U.S.C. 1111 for
the Uniformed Services

of the Department of Defense, the Coast Guard, the Public Health
Service, and the National Oceanic and Atmospheric Administration are
made available to accounts for the pay of members of such participating
uniformed services, to be paid from such accounts into the Fund
established under 10 U.S.C. 1111, pursuant to 10 U.S.C. 1116(c).

SEC. 117. None of the funds made available under this Act, or any other
Act, shall be used by an Executive agency to implement any activity in
violation of section 501 of title 44, United States Code.

SEC. 118. Collection and use of maintenance fees as authorized by
section 4(i) and 4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136a-1(i) and (k)) may continue through
the date specified in section 107(c) of this joint resolution.
Prohibitions against collecting \`other fees\' as described in section
4(i)(6) of the Federal

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6))
shall continue in effect through the date specified in section 107(c) of
this joint resolution.

SEC. 119. Security service fees authorized under 49 U.S.C. 44940 shall
be credited as offsetting collections and the maximum amount collected
shall be used for providing security services authorized by that
section: Provided, That the sum available from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
2003.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.