IIA

107TH CONGRESS

1ST SESSION H. J. RES. 65

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 2001

Received

JOINT RESOLUTION

Making continuing appropriations for the fiscal year 2002,

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 the following sums are hereby appropriated, out of

4 any money in the Treasury not otherwise appropriated,
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1 and out of applicable corporate or other revenues, receipts,

2 and funds, for the several departments, agencies, corpora3 tions, and other organizational units of Government for

4 fiscal year 2002, and for other purposes, namely:

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

6 under the authority and conditions provided in the appli7 cable appropriations Act for fiscal year 2001 for con8 tinuing projects or activities including the costs of direct

9 loans and loan guarantees (not otherwise specifically pro10 vided for in this joint resolution) which were conducted

11 in fiscal year 2001 and for which appropriations, funds,

12 or other authority would be available in the following ap13 propriations Acts:

14 (A) the Agriculture, Rural Development, Food

15 and Drug Administration, and Related Agencies Ap16 propriations Act, 2002;

17 (B) the Departments of Commerce, Justice,

18 and State, the Judiciary, and Related Agencies Ap19 propriations Act, 2002, notwithstanding section 15

20 of the State Department Basic Authorities Act of

21 1956, section 313 of the Foreign Relations Author22 ization Act, Fiscal Years 1994 and 1995 (Public

23 Law 103–236), and section 504(a)(1) of the Na24 tional Security Act of 1947 (50 U.S.C. 414(a)(1));
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1 (C) the Energy and Water Development Appro2 priations Act, 2002;

3 (D) the Foreign Operations, Export Financing,

4 and Related Programs Appropriations Act, 2002,

5 notwithstanding section 10 of Public Law 91–672

6 and section 15 of the State Department Basic Au7 thorities Act of 1956;

8 (E) the Department of the Interior and Related

9 Agencies Appropriations Act, 2002;

10 (F) the Legislative Branch Appropriations Act,

11 2002;

12 (G) the Military Construction Appropriations

13 Act, 2002;

14 (H) the Department of Transportation and Re15 lated Agencies Appropriations Act, 2002;

16 (I) the Treasury and General Government Ap17 propriations Act, 2002; and

18 (J) the Departments of Veterans Affairs and

19 Housing and Urban Development, and Independent

20 Agencies Appropriations Act, 2002:

21 Provided, That whenever the amount which would be made

22 available or the authority which would be granted in these

23 Acts as passed by the House and Senate as of October

24 1, 2001, is different than that which would be available

25 or granted under current operations, the pertinent project
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1 or activity shall be continued at a rate for operations not

2 exceeding the current rate: Provided further, That when3 ever there is no amount made available under any of these

4 appropriations Acts as passed by the House and Senate

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

6 which was conducted in fiscal year 2001 and for which

7 there is fiscal year 2002 funding included in the budget

8 request, the pertinent project or activity shall be continued

9 at the rate for current operations under the authority and

10 conditions provided in the applicable appropriations Act

11 for fiscal year 2001.

12 (2) Whenever the amount which would be made avail13 able or the authority which would be granted under an

14 Act listed in this subsection as passed by the House as

15 of October 1, 2001, is different from that which would

16 be available or granted under such Act as passed by the

17 Senate as of October 1, 2001, the pertinent project or ac18 tivity shall be continued at a rate for operations not ex19 ceeding the current rate and under the authority and con20 ditions provided in the applicable appropriations Act for

21 fiscal year 2001.

22 (3) Whenever an Act listed in this subsection has

23 been passed by only the House or only the Senate as of

24 October 1, 2001, the pertinent project or activity shall be

25 continued under the appropriation, fund, or authority
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1 granted by the one House at a rate for operations not ex2 ceeding the current rate and under the authority and con3 ditions provided in the applicable appropriations Act for

4 fiscal year 2001: Provided, That whenever there is no

5 amount made available under any of these appropriations

6 Acts as passed by the House or the Senate as of October

7 1, 2001, for a continuing project or activity which was

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

9 year 2002 funding included in the budget request, the per10 tinent project or activity shall be continued at the rate

11 for current operations under the authority and conditions

12 provided in the applicable appropriations Act for fiscal

13 year 2001.

14 (b) Such amounts as may be necessary under the au15 thority and conditions provided in the applicable appro16 priations Act for fiscal year 2001 for continuing projects

17 or activities including the costs of direct loans and loan

18 guarantees (not otherwise specifically provided for in this

19 joint resolution) which were conducted in fiscal year 2001,

20 at a rate for operations not exceeding the current rate,

21 and for which appropriations, funds, or other authority

22 was made available in the following appropriations Acts:

23 (1) the Department of Defense Appropriations

24 Act, 2001, notwithstanding section 504(a)(1) of the
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1 National Security Act of 1947 (50 U.S.C.

2 414(a)(1)); and

3 (2) the Departments of Labor, Health and

4 Human Services, and Education, and Related Agen5 cies Appropriations Act, 2001; and

6 (3) the District of Columbia Appropriations

7 Act, 2001.

8 SEC. 102. No appropriation or funds made available

9 or authority granted pursuant to section 101 for the De10 partment of Defense shall be used for new production of

11 items not funded for production in fiscal year 2001 or

12 prior years, for the increase in production rates above

13 those sustained with fiscal year 2001 funds, or to initiate,

14 resume, or continue any project, activity, operation, or or15 ganization which are defined as any project, subproject,

16 activity, budget activity, program element, and subpro17 gram within a program element and for investment items

18 are further defined as a P–1 line item in a budget activity

19 within an appropriation account and an R–1 line item

20 which includes a program element and subprogram ele21 ment within an appropriation account, for which appro22 priations, funds, or other authority were not available dur23 ing fiscal year 2001: Provided, That no appropriation or

24 funds made available or authority granted pursuant to

25 section 101 for the Department of Defense shall be used
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1 to initiate multi-year procurements utilizing advance pro2 curement funding for economic order quantity procure3 ment unless specifically appropriated later.

4 SEC. 103. Appropriations made by section 101 shall

5 be available to the extent and in the manner which would

6 be provided by the pertinent appropriations Act.

7 SEC. 104. No appropriation or funds made available

8 or authority granted pursuant to section 101 shall be used

9 to initiate or resume any project or activity for which ap10 propriations, funds, or other authority were not available

11 during fiscal year 2001.

12 SEC. 105. No provision which is included in an appro13 priations Act listed in section 101(a) but which was not

14 included in the applicable appropriations Act for fiscal

15 year 2001 and which by its terms is applicable to more

16 than one appropriation, fund, or authority shall be appli17 cable to any appropriation, fund, or authority provided in

18 this joint resolution.

19 SEC. 106. Appropriations made and authority grant20 ed pursuant to this joint resolution shall cover all obliga21 tions or expenditures incurred for any program, project,

22 or activity during the period for which funds or authority

23 for such project or activity are available under this joint

24 resolution.
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1 SEC. 107. Unless otherwise provided for in this joint

2 resolution or in the applicable appropriations Act, appro3 priations and funds made available and authority granted

4 pursuant to this joint resolution shall be available until

5 (a) enactment into law of an appropriation for any project

6 or activity provided for in this joint resolution, or (b) the

7 enactment into law of the applicable appropriations Act

8 by both Houses without any provision for such project or

9 activity, or (c) October 16, 2001, whichever first occurs.

10 SEC. 108. Expenditures made pursuant to this joint

11 resolution shall be charged to the applicable appropriation,

12 fund, or authorization whenever a bill in which such appli13 cable appropriation, fund, or authorization is contained is

14 enacted into law.

15 SEC. 109. No provision in any appropriations Act for

16 fiscal year 2002 listed in section 101(a) that makes the

17 availability of any appropriation provided therein depend18 ent upon the enactment of additional authorizing or other

19 legislation shall be effective before the date set forth in

20 section 107(c) of this joint resolution.

21 SEC. 110. Appropriations and funds made available

22 by or authority granted pursuant to this joint resolution

23 may be used without regard to the time limitations for

24 submission and approval of apportionments set forth in

25 section 1513 of title 31, United States Code, but nothing
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1 herein shall be construed to waive any other provision of

2 law governing the apportionment of funds.

3 SEC. 111. This joint resolution shall be implemented

4 so that only the most limited funding action of that per5 mitted in the joint resolution shall be taken in order to

6 provide for continuation of projects and activities.

7 SEC. 112. Notwithstanding any other provision of

8 this joint resolution, except section 107, for those pro9 grams that had high initial rates of operation or complete

10 distribution of fiscal year 2001 appropriations at the be11 ginning of that fiscal year because of distributions of fund12 ing to States, foreign countries, grantees or others, similar

13 distributions of funds for fiscal year 2002 shall not be

14 made and no grants shall be awarded for such programs

15 funded by this resolution that would impinge on final

16 funding prerogatives.

17 SEC. 113. Activities authorized by sections 1319 and

18 1336(a) of the National Flood Insurance Act of 1968 (42

19 U.S.C. 4001 et seq.) may continue through the date speci20 fied in section 107(c) of this joint resolution.

21 SEC. 114. Activities authorized by title V of the De22 partments of Veterans Affairs and Housing and Urban

23 Development, and Independent Agencies Appropriations

24 Act, 1998, may continue through the date specified in sec25 tion 107(c) of this joint resolution.
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1 SEC. 115. Activities authorized by section 7 of the

2 Export-Import Bank Act of 1945 (12 U.S.C. 635f) and

3 section 1(c) of Public Law 103–428, may continue

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

5 resolution.

6 SEC. 116. Activities authorized by chapter 2 of title

7 II of the Trade Act of 1974 shall continue through the

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

9 SEC. 117. Activities authorized by subsection (f) of

10 section 403 of Public Law 103–356 may continue through

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

12 SEC. 118. Notwithstanding any other provision of

13 this joint resolution, except section 107, the Library of

14 Congress may temporarily transfer to the revolving fund

15 established under section 103 of Public Law 106–481

16 amounts to continue program operations at a rate not ex17 ceeding the rate under authority applicable prior to Octo18 ber 1, 2001.

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

20 joint resolution, for projects and activities that would be

21 funded under the heading ‘‘International Organizations

22 and Conferences, Contributions to International Organiza23 tions’’ in the Departments of Commerce, Justice, and

24 State, the Judiciary, and Related Agencies Appropriations

25 Act, 2001, $100,000,000 may be made available only pur-
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1 suant to a certification by the Secretary of State that the

2 United Nations has taken no action in calendar year 2001

3 prior to the date of enactment of this Act to increase fund4 ing for any United Nations program without identifying

5 an offsetting decrease elsewhere in the United Nations

6 budget and cause the United Nations to exceed the budget

7 for the biennium 2000–2001 of $2,535,700,000.

8 SEC. 120. Notwithstanding any other provision of

9 this joint resolution, in the event that H.R. 1088, the In10 vestor and Capital Markets Fee Relief Act, or other legis11 lation to amend section 6(b) of the Securities Act of 1933

12 (15 U.S.C. 77f(b)), and sections 13(e), 14(g), and 31 of

13 the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),

14 78n(g), and 78ee), is enacted into law during the period

15 covered by this joint resolution, the fees, charges, and as16 sessments authorized by such sections, as amended, shall

17 be deposited and credited as offsetting collections to the

18 account that provides appropriations to the Securities and

19 Exchange Commission.

20 SEC. 121. Collection and use of maintenance fees as

21 authorized by section 4(i) and 4(k) of the Federal Insecti22 cide, Fungicide, and Rodenticide Act (7 U.S.C. § 136a–

23 1(i) and (k)) may continue through the date specified in

24 section 107(c) of this joint resolution. Prohibitions against

25 collecting ‘‘other fees’’ as described in section 4(i)(6) of
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1 the Federal Insecticide, Fungicide, and Rodenticide Act

2 (7 U.S.C. § 136a–1(i)(6)) shall continue in effect through

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

4 SEC. 122. Notwithstanding section 106 of this joint

5 resolution, funds made available in Public Law 107–38

6 are not limited by the terms and conditions of this joint

7 resolution.

Passed the House of Representatives September 24,

2001.

Attest: JEFF TRANDAHL,

Clerk.