H. J. Res. 124

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

Joint Resolution

Making further 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 Public Law

107–229 is further amended by striking the date specified in section

107(c) and inserting in lieu thereof ‘‘January 11, 2003’’.

SEC. 2. Section 114 of Public Law 107–229 is amended—

(1) by striking ‘‘December 31, 2002’’ and inserting ‘‘the

date specified in section 107(c) of this joint resolution’’; and

(2) by striking the first proviso and inserting the following:

‘‘: Provided, That grants and payments may be made pursuant

to this authority at the beginning of any included quarter

or other period of fiscal year 2003, for such quarter or other

period, at the level provided for such activities for the corresponding quarter or other period of fiscal year 2002’’.

SEC. 3. Upon determination by the Secretary of Homeland

Security that such action is necessary in the national interest,

he may, with the approval of the Office of Management and Budget,

transfer not to exceed $500,000,000 of funds made available to

the Department of Homeland Security and be available for the

same purposes, and for the same time period, as the appropriation

or fund to which transferred: Provided, That such authority to

transfer may not be used unless for higher priority items, based

on unforeseen homeland security requirements, than those for which

originally appropriated and in no case where the item for which

funds are requested has been denied by the Congress: Provided

further, That during fiscal year 2003, the Office of Management and Budget may transfer not to exceed $140,000,000 from unobligated balances of appropriations enacted prior to October 1, 2002

for organizations and entities that will be transferred to the new

Department for the salaries and expenses associated with the initiation of the Department: Provided further, That of amounts authorized for transfer by this section, except as otherwise specifically

authorized by law, not to exceed two percent of any appropriation

available to the Secretary may be transferred between such appropriations: Provided further, That not less than 15 days’ notice

shall be given to the Committee on Appropriations of the Senate

and House of Representatives before any such transfer is made:

Provided further, That no part of the funds in this Act shall be

available to prepare or present a request to the Committees on

Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen homeland security requirements,

than those for which originally appropriated and in no case where

the item for which reprogramming is requested has been denied
H. J. Res. 124—2

by Congress: Provided further, That the authority provided in this

section shall expire on September 30, 2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.