IIA

107TH CONGRESS

2D SESSION H. J. RES. 122

IN THE SENATE OF THE UNITED STATES

OCTOBER 10, 2002

Received

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

2003, 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 Public Law 107–229 is further amended by striking
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1 the date specified in section 107(c) and inserting ‘‘October

2 18, 2002’’.

3 SEC. 2. Section 101(2) of Public Law 107–229 is

4 amended by striking ‘‘section 15’’ and all that follows

5 through ‘‘(Public Law 103–236), and’’.

6 SEC. 3. Section 114 of Public Law 107–229 is

7 amended by inserting before the colon at the end of the

8 first proviso the following: ‘‘: Provided further, That sec9 tion 3001 of the 21st Century Department of Justice Ap10 propriations Authorization Act (H.R. 2215) is amended

11 by striking subsection (d), and such amendment shall take

12 effect as if included in such Act on the date of its enact13 ment’’.

14 SEC. 4. Section 117 of Public Law 107–229 is

15 amended to read as follows:

16 ‘‘SEC. 117. (a) The Congress finds that section 501

17 of title 44, United States Code, and section 207(a) of the

18 Legislative Branch Appropriations Act, 1993 (44 U.S.C.

19 501 note) require that (except as otherwise provided in

20 such sections) all printing, binding, and blankbook work

21 for Congress, the Executive Office, the Judiciary, other

22 than the Supreme Court of the United States, and every

23 executive department, independent office, and establish24 ment of the Government, shall be done at the Government

25 Printing Office.
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1 ‘‘(b) No funds appropriated under this joint resolu2 tion or any other Act may be used—

3 ‘‘(1) to implement or comply with the Office of

4 Management and Budget Memorandum M–02–07,

5 ‘Procurement of Printing and Duplicating through

6 the Government Printing Office’, issued May 3,

7 2002, or any other memorandum or similar opinion

8 reaching the same, or substantially the same, result

9 as such memorandum; or

10 ‘‘(2) to pay for the printing (other than by the

11 Government Printing Office) of the budget of the

12 United States Government submitted by the Presi13 dent of the United States under section 1105 of title

14 31, United States Code.’’.

15 SEC. 5. Public Law 107–229 is amended by adding

16 at the end the following new sections:

17 ‘‘SEC. 120. For entitlements and other mandatory

18 payments whose budget authority was provided in appro19 priations Acts for fiscal year 2002, and for activities under

20 the Food Stamp Act of 1977, activities shall be continued

21 at a rate to maintain program levels under current law,

22 under the authority and conditions provided in the appli23 cable appropriations Act for fiscal year 2002, to be contin24 ued through the date specified in section 107(c): Provided,

25 That notwithstanding section 107, funds shall be available
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1 and obligations for mandatory payments due on or about

2 November 1, and December 1, 2002, may continue to be

3 made.

4 ‘‘SEC. 121. Notwithstanding any other provision of

5 this joint resolution, the annual rate of operations for the

6 Commodity Futures Trading Commission (CFTC) Sala7 ries and Expenses Account shall not exceed $71,960,000

8 and shall include the cost of lease of office space for the

9 CFTC’s New York regional office at an annual rate not

10 to exceed $1,949,000.

11 ‘‘SEC. 122. In addition to funds made available in

12 section 101, the Department of Justice may transfer to

13 the Immigration User Fee Account established by section

14 286(h) of the Immigration and Nationality Act (8 U.S.C.

15 1356(h)) such sums as may be necessary from unobligated

16 balances from funds appropriated to the Immigration and

17 Naturalization Service by Public Law 107–77 and division

18 B of Public Law 107–117, at a rate not to exceed

19 $90,000,000 for the first quarter, through the date speci20 fied in section 107(c): Provided, That the sums trans21 ferred under this section shall be reimbursed from the Im22 migration User Fee Account by not later than April 1,

23 2003.

24 ‘‘SEC. 123. Notwithstanding section 105(a)(2), in ad25 dition to amounts made available in section 101, and sub-
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1 ject to sections 107(c) and 108, for purposes of calculating

2 the rate of operations of General Legal Activities (GLA)

3 in the Department of Justice, $7,300,000 available during

4 fiscal year 2002 from the Executive Office of the Presi5 dent shall be credited to GLA for purposes of admin6 istering the Victims Compensation Program.

7 ‘‘SEC. 124. Activities authorized by the Parole Com8 mission and Reorganization Act, P.L. 94–233, as amend9 ed, may continue through the date specified in section

10 107(c).

11 ‘‘SEC. 125. Notwithstanding any other provision of

12 this joint resolution, in addition to amounts made avail13 able in section 101, and subject to sections 107(c) and

14 108, such funds, from fee collections in fiscal year 2003,

15 shall be available for the Securities and Exchange Com16 mission to continue implementation of section 8 of Public

17 Law 107–123.

18 ‘‘SEC. 126. Notwithstanding any other provision of

19 this joint resolution, except section 107, the District of

20 Columbia may expend local funds at a rate in excess of

21 the rate under authority applicable prior to October 1,

22 2002 to cover payments that would be funded under the

23 heading ‘Repayment of Loans and Interest’.

24 ‘‘SEC. 127. No funds appropriated in this joint reso25 lution or any other Act may be used to implement any
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1 restructuring of the Civil Works Program of the US Army

2 Corps of Engineers which would involve the transfer of

3 Civil Works missions, functions, or responsibilities from

4 the US Army Corps of Engineers to any other executive

5 branch agency or department without explicit congres6 sional authorization.

7 ‘‘SEC. 128. Notwithstanding any other provision of

8 this joint resolution, during fiscal year 2003, direct loans

9 under section 23 of the Arms Export Control Act may be

10 made available for Poland, gross obligations for the prin11 cipal amounts of which shall not exceed $3,800,000,000:

12 Provided, That such loans shall be repaid in not more than

13 15 years, including a grace period of up to 8 years on

14 repayment of principal: Provided further, That no funds

15 are available for the subsidy costs of these loans: Provided

16 further, That the Government of Poland shall pay the full

17 cost, as defined in section 502 of the Federal Credit Re18 form Act of 1990, as amended, associated with the loans,

19 including the cost of any defaults: Provided further, That

20 any fees associated with these loans shall be paid by the

21 Government of Poland prior to any disbursement of loan

22 proceeds: Provided further, That no funds made available

23 to Poland under this joint resolution or any other Act may

24 be used for payment of any fees associated with these

25 loans.
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1 ‘‘SEC. 129. Notwithstanding section 1(c) of Public

2 Law 103–428, as amended, sections 1(a) and (b) of Public

3 Law 103–428 shall remain in effect until the date speci4 fied in section 107(c).

5 ‘‘SEC. 130. Notwithstanding any other provision of

6 this joint resolution, there is hereby appropriated, out of

7 any money in the Treasury not otherwise appropriated,

8 for payment to John F. Mink, widower of Patsy Mink,

9 late a Representative from the State of Hawaii, $150,000.

10 ‘‘SEC. 131. Notwithstanding section 105(a)(2), in ad11 dition to amounts made available in section 101, and sub12 ject to sections 107(c) and 108, for purposes of calculating

13 the rate of operations for the Transportation Security Ad14 ministration (TSA) and the Federal Emergency Manage15 ment Agency (FEMA), the amount transferred by Public

16 Law 107–206 from TSA to FEMA shall be credited to

17 TSA, and such amount shall be deducted from FEMA.

18 ‘‘SEC. 132. Activities authorized by section 24 of the

19 United States Housing Act of 1937 (42 U.S.C. 1437v)

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

21 of this joint resolution.

22 ‘‘SEC. 133. (a) Each specified department or agency

23 shall, by December 6, 2002, submit directly to the Com24 mittees on Appropriations a report containing an evalua25 tion of the effect on the specified management areas of
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1 operating through September 30, 2003, under joint reso2 lutions making continuing appropriations for fiscal year

3 2003 that fund programs and activities at not exceeding

4 the current rate of operations.

5 ‘‘(b) For purposes of subsection (a):

6 ‘‘(1) The term ‘specified department or agency’

7 means a department or agency identified on page 49

8 or 50 of the Budget of the United States Govern9 ment, Fiscal Year 2003 (H. Doc. 107–159, Vol. I),

10 except for the Department of Defense.

11 ‘‘(2) The term ‘specified management areas’

12 means the following management priorities described

13 in the President’s Management Agenda (August

14 2001): strategic management of human capital, com15 petitive sourcing, improved financial performance,

16 expanded electronic government, and budget and

17 performance integration.

18 ‘‘SEC. 134. (a) The Director of the Office of Manage19 ment and Budget shall submit to the Committees on Ap20 propriations a monthly report on all departmental and

21 agency obligations made since the beginning of fiscal year

22 2003 while operating under joint resolutions making con23 tinuing appropriations for such fiscal year.

24 ‘‘(b) Each report required by subsection (a) shall set

25 forth obligations by account, and shall contain a compari-
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1 son of such obligations to the obligations incurred during

2 the same period for fiscal year 2002.

3 ‘‘(c) Reports shall be submitted under subsection (a)

4 beginning 1 month after the enactment of this section, and

5 ending 1 month after the expiration of the period covered

6 by the final joint resolution making continuing appropria7 tions for fiscal year 2003.

8 ‘‘(d)(1) Each report required by subsection (a) shall

9 include a list of all executive branch accounts for which

10 departments and agencies are operating under apportion11 ments that provide for a rate of operations that is lower

12 than the current rate, within the meaning of sections 101

13 and 105. For each such account, the report shall include

14 an estimate of the current rate for the period covered by

15 this joint resolution and the estimate of obligations during

16 such period.

17 ‘‘(2) By December 6, 2002, the Comptroller General

18 shall submit to the Committees on Appropriations a report

19 identifying executive branch accounts for which apportion20 ments made from funds appropriated or authority granted

21 by this joint resolution provide for a rate of operations

22 that differs from the current rate, within the meaning of

23 sections 101 and 105.

24 ‘‘SEC. 135. Appropriations made by this joint resolu25 tion are hereby reduced, at an annual rate, by the amounts
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1 specified and in the accounts identified for one-time, non2 recurring projects and activities in Attachment C of Office

3 of Management and Budget Bulletin No. 02–06, Supple4 ment No. 1, dated October 4, 2002.

5 ‘‘SEC. 136. Activities authorized for 2002 by sections

6 1902(a)(10)(E)(iv) and 1933 of the Social Security Act,

7 as amended, with respect to individuals described in sec8 tion 1902(a)(10)(E)(iv)(I) of such Act may continue

9 through 60 days after the date specified in section 107(c)

10 of Public Law 107–229, as amended.

11 ‘‘SEC. 137. Notwithstanding any other provision of

12 this joint resolution, except sections 107(c) and 108, dur13 ing fiscal year 2003, the annual rate of operations for the

14 Federal-aid highways program for fiscal year 2003 shall

15 be $31,799,104,000: Provided, That total obligations for

16 this program while operating under joint resolutions mak17 ing continuing appropriations for fiscal year 2003 shall

18 not exceed $27,700,000,000, unless otherwise specified in

19 a subsequent appropriations Act. This section shall not af20 fect the availability of unobligated balances carried for21 ward into fiscal year 2003 that would otherwise be avail22 able for obligation.’’.

Passed the House of Representatives October 10,

2002.

Attest: JEFF TRANDAHL,

Clerk.