PUBLIC LAW 107–229—SEPT. 30, 2002 116 STAT. 1465

Public Law 107–229

107th Congress

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;

Sept. 30, 2002

[H.J. Res. 111]

116 STAT. 1466 PUBLIC LAW 107–229—SEPT. 30, 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,

Expiration date.

PUBLIC LAW 107–229—SEPT. 30, 2002 116 STAT. 1467

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

116 STAT. 1468 PUBLIC LAW 107–229—SEPT. 30, 2002

LEGISLATIVE HISTORY—H.J. Res. 111:

CONGRESSIONAL RECORD, Vol. 148 (2002):

Sept. 26, considered and passed House and Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Sept. 30, Presidential statement.

Æ

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.

Approved September 30, 2002.