107TH CONGRESS

2D SESSION H. J. RES. 111

JOINT RESOLUTION

Making 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 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 2003, and for other purposes, namely:

5 SEC. 101. Such amounts as may be necessary under

6 the authority and conditions provided in the applicable ap7 propriations Act for fiscal year 2002 for continuing

8 projects or activities including the costs of direct loans and

9 loan guarantees (not otherwise specifically provided for in

10 this joint resolution) which were conducted in fiscal year

11 2002, at a rate for operations not exceeding the current

12 rate, and for which appropriations, funds, or other author13 ity was made available in the following appropriations

14 Acts:

15 (1) the Agriculture, Rural Development, Food

16 and Drug Administration, and Related Agencies Ap17 propriations Act, 2002;

18 (2) the Departments of Commerce, Justice, and

19 State, the Judiciary, and Related Agencies Appro20 priations Act, 2002, notwithstanding section 15 of

21 the State Department Basic Authorities Act of

22 1956, section 313 of the Foreign Relations Author23 ization Act, Fiscal Years 1994 and 1995 (Public

24 Law 103–236), and section 504(a)(1) of the Na25 tional Security Act of 1947 (50 U.S.C. 414(a)(1));
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1 (3) the Department of Defense Appropriations

2 Act, 2002, notwithstanding section 504(a)(1) of the

3 National Security Act of 1947 (50 U.S.C.

4 414(a)(1));

5 (4) the District of Columbia Appropriations

6 Act, 2002;

7 (5) the Energy and Water Development Appro8 priations Act, 2002, notwithstanding section

9 504(a)(1) of the National Security Act of 1947 (50

10 U.S.C. 414(a)(1));

11 (6) the Foreign Operations, Export Financing,

12 and Related Programs Appropriations Act, 2002,

13 notwithstanding section 10 of Public Law 91–672

14 and section 15 of the State Department Basic Au15 thorities Act of 1956;

16 (7) the Department of the Interior and Related

17 Agencies Appropriations Act, 2002;

18 (8) the Departments of Labor, Health and

19 Human Services, and Education, and Related Agen20 cies Appropriations Act, 2002;

21 (9) the Legislative Branch Appropriations Act,

22 2002;

23 (10) the Military Construction Appropriations

24 Act, 2002;
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1 (11) the Department of Transportation and Re2 lated Agencies Appropriations Act, 2002;

3 (12) the Treasury and General Government Ap4 propriations Act, 2002; and

5 (13) the Departments of Veterans Affairs and

6 Housing and Urban Development, and Independent

7 Agencies Appropriations Act, 2002.

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 2002 or

12 prior years, for the increase in production rates above

13 those sustained with fiscal year 2002 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 2002: 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 2002.

12 SEC. 105. (a) For purposes of section 101, the term

13 ‘‘rate for operations not exceeding the current rate’’—

14 (1) has the meaning given such term (including

15 supplemental appropriations and rescissions) in the

16 attachment to Office of Management and Budget

17 Bulletin No. 01–10 entitled ‘‘Apportionment of the

18 Continuing Resolution(s) for Fiscal Year 2002’’ and

19 dated September 27, 2001, applied by substituting

20 ‘‘FY 2002’’ for ‘‘FY 2001’’ each place it appears;

21 but

22 (2) does not include any unobligated balance of

23 funds appropriated in Public Law 107–38 and car24 ried forward to fiscal year 2002, other than funds

25 transferred by division B of Public Law 107–117.
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1 (b) The appropriations Acts listed in section 101

2 shall be deemed to include supplemental appropriation

3 laws enacted during fiscal year 2002.

4 SEC. 106. Appropriations made and authority grant5 ed pursuant to this joint resolution shall cover all obliga6 tions or expenditures incurred for any program, project,

7 or activity during the period for which funds or authority

8 for such project or activity are available under this joint

9 resolution.

10 SEC. 107. Unless otherwise provided for in this joint

11 resolution or in the applicable appropriations Act, appro12 priations and funds made available and authority granted

13 pursuant to this joint resolution shall be available until

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

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

16 enactment into law of the applicable appropriations Act

17 by both Houses without any provision for such project or

18 activity, or (c) October 4, 2002, whichever first occurs.

19 SEC. 108. Expenditures made pursuant to this joint

20 resolution shall be charged to the applicable appropriation,

21 fund, or authorization whenever a bill in which such appli22 cable appropriation, fund, or authorization is contained is

23 enacted into law.

24 SEC. 109. Appropriations and funds made available

25 by or authority granted pursuant to this joint resolution
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1 may be used without regard to the time limitations for

2 submission and approval of apportionments set forth in

3 section 1513 of title 31, United States Code, but nothing

4 herein shall be construed to waive any other provision of

5 law governing the apportionment of funds.

6 SEC. 110. Notwithstanding any other provision of

7 this joint resolution, except section 107, for those pro8 grams that had high initial rates of operation or complete

9 distribution of fiscal year 2002 appropriations at the be10 ginning of that fiscal year because of distributions of fund11 ing to States, foreign countries, grantees or others, similar

12 distributions of funds for fiscal year 2003 shall not be

13 made and no grants shall be awarded for such programs

14 funded by this resolution that would impinge on final

15 funding prerogatives.

16 SEC. 111. This joint resolution shall be implemented

17 so that only the most limited funding action of that per18 mitted in the joint resolution shall be taken in order to

19 provide for continuation of projects and activities.

20 SEC. 112. For the Overseas Private Investment Cor21 poration Program account, for the cost of direct and guar22 anteed loans, at an annual rate not to exceed $19,000,000,

23 to be derived by transfer from the Overseas Private Invest24 ment Corporation non-credit account, subject to section

25 107(c).
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1 SEC. 113. Activities authorized by section 403(f) of

2 Public Law 103–356, as amended by section 634 of Public

3 Law 107–67, and activities authorized under the heading

4 ‘‘Treasury Franchise Fund’’ in the Treasury Department

5 Appropriations Act, 1997 (Pub. L. 104–208), as amended

6 by section 120 of the Treasury Department Appropria7 tions Act, 2001 (Pub. L. 106–554), may continue through

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

9 SEC. 114. Activities authorized by Title IV–A of the

10 Social Security Act, and by sections 510, 1108(b), and

11 1925 of such Act, shall continue in the manner authorized

12 for fiscal year 2002 through December 31, 2002 (notwith13 standing section 1902(e)(1)(A) of such Act): Provided,

14 That grants and payments may be made pursuant to this

15 authority at the beginning of fiscal year 2003 for the first

16 quarter of such year, at the level provided for such activi17 ties for the first quarter of fiscal year 2002: Provided fur18 ther, That notwithstanding Rule 3 of the Budget

19 Scorekeeping Guidelines set forth in the joint explanatory

20 statement of the committee of conference accompanying

21 Conference Report 105–217, the provisions of this section

22 that would have been estimated by the Office of Manage23 ment and Budget as changing direct spending or receipts

24 under section 252 of the Balanced Budget and Emergency

25 Deficit Control Act of 1985 were they included in an Act
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1 other than an appropriations Act shall be treated as direct

2 spending or receipts legislation, as appropriate, under sec3 tion 252 of the Balanced Budget and Emergency Deficit

4 Control Act of 1985, and by the Chairmen of the House

5 and Senate Budget Committees, as appropriate, under the

6 Congressional Budget Act of 1974.

7 SEC. 115. Activities authorized by section 1722A of

8 title 38, United States Code may continue through the

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

10 SEC. 116. In addition to amounts made available in

11 section 101 and subject to sections 107(c) and 108 of this

12 joint resolution, such sums as may be necessary for con13 tributions authorized by 10 U.S.C. 1111 for the Uni14 formed Services of the Department of Defense, the Coast

15 Guard, the Public Health Service, and the National Oce16 anic and Atmospheric Administration are made available

17 to accounts for the pay of members of such participating

18 uniformed services, to be paid from such accounts into the

19 Fund established under 10 U.S.C. 1111, pursuant to 10

20 U.S.C. 1116(c).

21 SEC. 117. None of the funds made available under

22 this Act, or any other Act, shall be used by an Executive

23 agency to implement any activity in violation of section

24 501 of title 44, United States Code.
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1 SEC. 118. Collection and use of maintenance fees as

2 authorized by section 4(i) and 4(k) of the Federal Insecti3 cide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a–

4 1(i) and (k)) may continue through the date specified in

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

6 collecting ‘‘other fees’’ as described in section 4(i)(6) of

7 the Federal Insecticide, Fungicide, and Rodenticide Act

8 (7 U.S.C. 136a–1(i)(6)) shall continue in effect through

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

10 SEC. 119. Security service fees authorized under 49

11 U.S.C. 44940 shall be credited as offsetting collections

12 and the maximum amount collected shall be used for pro13 viding security services authorized by that section: Pro14 vided, That the sum available from the General Fund shall

15 be reduced as such offsetting collections are received dur16 ing fiscal year 2003.

Passed the House of Representatives September 26,

2002.

Attest:

Clerk.
107TH CONGRESS

2D SESSION H. J. RES. 111

JOINT RESOLUTION

Making continuing appropriations for the fiscal

year 2003, and for other purposes.