PUBLIC LAW 107–44—SEPT. 28, 2001 115 STAT. 253

Public Law 107–44

107th Congress

Joint Resolution

Making continuing appropriations for the fiscal year 2002, 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 2002, and for other purposes, namely:

SEC. 101. (a)(1) Such amounts as may be necessary under

the authority and conditions provided in the applicable appropriations Act for fiscal year 2001 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 2001 and for which appropriations, funds,

or other authority would be available in the following appropriations

Acts:

(A) the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2002;

(B) 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));

(C) the Energy and Water Development Appropriations

Act, 2002;

(D) 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;

(E) the Department of the Interior and Related Agencies

Appropriations Act, 2002;

(F) the Legislative Branch Appropriations Act, 2002;

(G) the Military Construction Appropriations Act, 2002;

(H) the Department of Transportation and Related Agencies

Appropriations Act, 2002;

(I) the Treasury and General Government Appropriations

Act, 2002; and

(J) the Departments of Veterans Affairs and Housing and

Urban Development, and Independent Agencies Appropriations

Act, 2002:

Sept. 28, 2001

[H.J. Res. 65]

115 STAT. 254 PUBLIC LAW 107–44—SEPT. 28, 2001

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, 2001, 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 there is no amount made available under any of

these appropriations Acts as passed by the House and Senate

as of October 1, 2001, for a continuing project or activity which

was conducted in fiscal year 2001 and for which there is fiscal

year 2002 funding included in the budget request, the pertinent

project or activity shall be continued at the rate for current operations under the authority and conditions provided in the applicable

appropriations Act for fiscal year 2001.

(2) Whenever the amount which would be made available or

the authority which would be granted under an Act listed in this

subsection as passed by the House as of October 1, 2001, is different

from that which would be available or granted under such Act

as passed by the Senate as of October 1, 2001, the pertinent

project or activity shall be continued at a rate for operations not

exceeding the current rate and under the authority and conditions

provided in the applicable appropriations Act for fiscal year 2001.

(3) Whenever an Act listed in this subsection has been passed

by only the House or only the Senate as of October 1, 2001, 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

fiscal year 2001: Provided, 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, 2001, for a continuing

project or activity which was conducted in fiscal year 2001 and

for which there is fiscal year 2002 funding included in the budget

request, the pertinent project or activity shall be continued at

the rate for current operations under the authority and conditions

provided in the applicable appropriations Act for fiscal year 2001.

(b) Such amounts as may be necessary under the authority

and conditions provided in the applicable appropriations Act for

fiscal year 2001 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 2001, 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 Department of Defense Appropriations Act, 2001,

notwithstanding section 504(a)(1) of the National Security Act

of 1947 (50 U.S.C. 414(a)(1)); and

(2) the Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations Act, 2001;

and

(3) the District of Columbia Appropriations Act, 2001.

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 2001 or prior years, for the increase in production

rates above those sustained with fiscal year 2001 funds, or to

initiate, resume, or continue any project, activity, operation, or

PUBLIC LAW 107–44—SEPT. 28, 2001 115 STAT. 255

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 2001: 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 2001.

SEC. 105. No provision which is included in an appropriations

Act listed in section 101(a) but which was not included in the

applicable appropriations Act for fiscal year 2001 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. 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 16, 2001, 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. No provision in any appropriations Act for fiscal

year 2002 listed in section 101(a) 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 107(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. 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.

Expiration date.

115 STAT. 256 PUBLIC LAW 107–44—SEPT. 28, 2001

SEC. 112. 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

2001 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 2002 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. 113. Activities authorized by sections 1319 and 1336(a)

of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et

seq.) may continue through the date specified in section 107(c)

of this joint resolution.

SEC. 114. Activities authorized by title V of the Departments

of Veterans Affairs and Housing and Urban Development, and

Independent Agencies Appropriations Act, 1998, may continue

through the date specified in section 107(c) of this joint resolution.

SEC. 115. Activities authorized by section 7 of the ExportImport Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public

Law 103–428, may continue through the date specified in section

107(c) of this joint resolution.

SEC. 116. Activities authorized by chapter 2 of title II of the

Trade Act of 1974 shall continue through the date specified in

section 107(c) of this joint resolution.

SEC. 117. Activities authorized by subsection (f) of section 403

of Public Law 103–356 may continue through the date specified

in section 107(c) of this joint resolution.

SEC. 118. Notwithstanding any other provision of this joint

resolution, except section 107, the Library of Congress may temporarily transfer to the revolving fund established under section 103

of Public Law 106–481 amounts to continue program operations

at a rate not exceeding the rate under authority applicable prior

to October 1, 2001.

SEC. 119. Of amounts provided by section 101 of this joint

resolution, 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, 2001, $100,000,000 may be made available

only pursuant to a certification by the Secretary of State that

the United Nations has taken no action in calendar year 2001

prior to the date of enactment of this Act to increase funding

for any United Nations program without identifying an offsetting

decrease elsewhere in the United Nations budget and cause the

United Nations to exceed the budget for the biennium 2000–2001

of $2,535,700,000.

SEC. 120. Notwithstanding any other provision of this joint

resolution, in the event that H.R. 1088, the Investor and Capital

Markets Fee Relief Act, or other legislation to amend section 6(b)

of the Securities Act of 1933 (15 U.S.C. 77f(b)), and sections 13(e),

14(g), and 31 of the Securities Exchange Act of 1934 (15 U.S.C.

78m(e), 78n(g), and 78ee), is enacted into law during the period

covered by this joint resolution, the fees, charges, and assessments

authorized by such sections, as amended, shall be deposited and

credited as offsetting collections to the account that provides appropriations to the Securities and Exchange Commission.

PUBLIC LAW 107–44—SEPT. 28, 2001 115 STAT. 257

LEGISLATIVE HISTORY—H.J. Res. 65:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Sept. 24, considered and passed House.

Sept. 25, considered and passed Senate.

Æ

SEC. 121. 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. § 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. 122. Notwithstanding section 106 of this joint resolution,

funds made available in Public Law 107–38 are not limited by

the terms and conditions of this joint resolution.

Approved September 28, 2001.