IIA 

107TH CONGRESS 

2D SESSION H. J. RES. 111

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2002

Received 

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 
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1 Law 103–236), and section 504(a)(1) of the Na2 tional Security Act of 1947 (50 U.S.C. 414(a)(1)); 

3 (3) the Department of Defense Appropriations 

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

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

6 414(a)(1)); 

7 (4) the District of Columbia Appropriations 

8 Act, 2002; 

9 (5) the Energy and Water Development Appro10 priations Act, 2002, notwithstanding section 

11 504(a)(1) of the National Security Act of 1947 (50 

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

13 (6) the Foreign Operations, Export Financing, 

14 and Related Programs Appropriations Act, 2002, 

15 notwithstanding section 10 of Public Law 91–672 

16 and section 15 of the State Department Basic Au17 thorities Act of 1956; 

18 (7) the Department of the Interior and Related 

19 Agencies Appropriations Act, 2002; 

20 (8) the Departments of Labor, Health and 

21 Human Services, and Education, and Related Agen22 cies Appropriations Act, 2002; 

23 (9) the Legislative Branch Appropriations Act, 

24 2002; 
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1 (10) the Military Construction Appropriations 

2 Act, 2002; 

3 (11) the Department of Transportation and Re4 lated Agencies Appropriations Act, 2002; 

5 (12) the Treasury and General Government Ap6 propriations Act, 2002; and 

7 (13) the Departments of Veterans Affairs and 

8 Housing and Urban Development, and Independent 

9 Agencies Appropriations Act, 2002. 

10 SEC. 102. No appropriation or funds made available 

11 or authority granted pursuant to section 101 for the De12 partment of Defense shall be used for new production of 

13 items not funded for production in fiscal year 2002 or 

14 prior years, for the increase in production rates above 

15 those sustained with fiscal year 2002 funds, or to initiate, 

16 resume, or continue any project, activity, operation, or or17 ganization which are defined as any project, subproject, 

18 activity, budget activity, program element, and subpro19 gram within a program element and for investment items 

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

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

22 which includes a program element and subprogram ele23 ment within an appropriation account, for which appro24 priations, funds, or other authority were not available dur25 ing fiscal year 2002: Provided, That no appropriation or 
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1 funds made available or authority granted pursuant to 

2 section 101 for the Department of Defense shall be used 

3 to initiate multi-year procurements utilizing advance pro4 curement funding for economic order quantity procure5 ment unless specifically appropriated later. 

6 SEC. 103. Appropriations made by section 101 shall 

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

8 be provided by the pertinent appropriations Act. 

9 SEC. 104. No appropriation or funds made available 

10 or authority granted pursuant to section 101 shall be used 

11 to initiate or resume any project or activity for which ap12 propriations, funds, or other authority were not available 

13 during fiscal year 2002. 

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

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

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

17 supplemental appropriations and rescissions) in the 

18 attachment to Office of Management and Budget 

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

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

21 dated September 27, 2001, applied by substituting 

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

23 but 

24 (2) does not include any unobligated balance of 

25 funds appropriated in Public Law 107–38 and car-
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1 ried forward to fiscal year 2002, other than funds 

2 transferred by division B of Public Law 107–117. 

3 (b) The appropriations Acts listed in section 101 

4 shall be deemed to include supplemental appropriation 

5 laws enacted during fiscal year 2002. 

6 SEC. 106. Appropriations made and authority grant7 ed pursuant to this joint resolution shall cover all obliga8 tions or expenditures incurred for any program, project, 

9 or activity during the period for which funds or authority 

10 for such project or activity are available under this joint 

11 resolution. 

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

13 resolution or in the applicable appropriations Act, appro14 priations and funds made available and authority granted 

15 pursuant to this joint resolution shall be available until 

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

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

18 enactment into law of the applicable appropriations Act 

19 by both Houses without any provision for such project or 

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

21 SEC. 108. Expenditures made pursuant to this joint 

22 resolution shall be charged to the applicable appropriation, 

23 fund, or authorization whenever a bill in which such appli24 cable appropriation, fund, or authorization is contained is 

25 enacted into law. 
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1 SEC. 109. Appropriations and funds made available 

2 by or authority granted pursuant to this joint resolution 

3 may be used without regard to the time limitations for 

4 submission and approval of apportionments set forth in 

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

6 herein shall be construed to waive any other provision of 

7 law governing the apportionment of funds. 

8 SEC. 110. Notwithstanding any other provision of 

9 this joint resolution, except section 107, for those pro10 grams that had high initial rates of operation or complete 

11 distribution of fiscal year 2002 appropriations at the be12 ginning of that fiscal year because of distributions of fund13 ing to States, foreign countries, grantees or others, similar 

14 distributions of funds for fiscal year 2003 shall not be 

15 made and no grants shall be awarded for such programs 

16 funded by this resolution that would impinge on final 

17 funding prerogatives. 

18 SEC. 111. This joint resolution shall be implemented 

19 so that only the most limited funding action of that per20 mitted in the joint resolution shall be taken in order to 

21 provide for continuation of projects and activities. 

22 SEC. 112. For the Overseas Private Investment Cor23 poration Program account, for the cost of direct and guar24 anteed loans, at an annual rate not to exceed $19,000,000, 

25 to be derived by transfer from the Overseas Private Invest-
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1 ment Corporation non-credit account, subject to section 

2 107(c). 

3 SEC. 113. Activities authorized by section 403(f) of 

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

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

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

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

8 by section 120 of the Treasury Department Appropria9 tions Act, 2001 (Pub. L. 106–554), may continue through 

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

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

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

13 1925 of such Act, shall continue in the manner authorized 

14 for fiscal year 2002 through December 31, 2002 (notwith15 standing section 1902(e)(1)(A) of such Act): Provided, 

16 That grants and payments may be made pursuant to this 

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

18 quarter of such year, at the level provided for such activi19 ties for the first quarter of fiscal year 2002: Provided fur20 ther, That notwithstanding Rule 3 of the Budget 

21 Scorekeeping Guidelines set forth in the joint explanatory 

22 statement of the committee of conference accompanying 

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

24 that would have been estimated by the Office of Manage25 ment and Budget as changing direct spending or receipts 
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1 under section 252 of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985 were they included in an Act 

3 other than an appropriations Act shall be treated as direct 

4 spending or receipts legislation, as appropriate, under sec5 tion 252 of the Balanced Budget and Emergency Deficit 

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

7 and Senate Budget Committees, as appropriate, under the 

8 Congressional Budget Act of 1974. 

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

10 title 38, United States Code may continue through the 

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

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

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

14 joint resolution, such sums as may be necessary for con15 tributions authorized by 10 U.S.C. 1111 for the Uni16 formed Services of the Department of Defense, the Coast 

17 Guard, the Public Health Service, and the National Oce18 anic and Atmospheric Administration are made available 

19 to accounts for the pay of members of such participating 

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

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

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

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

24 this Act, or any other Act, shall be used by an Executive 
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1 agency to implement any activity in violation of section 

2 501 of title 44, United States Code. 

3 SEC. 118. Collection and use of maintenance fees as 

4 authorized by section 4(i) and 4(k) of the Federal Insecti5 cide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a–

6 1(i) and (k)) may continue through the date specified in 

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

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

9 the Federal Insecticide, Fungicide, and Rodenticide Act 

10 (7 U.S.C. 136a–1(i)(6)) shall continue in effect through 

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

12 SEC. 119. Security service fees authorized under 49 

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

14 and the maximum amount collected shall be used for pro15 viding security services authorized by that section: Pro16 vided, That the sum available from the General Fund shall 

17 be reduced as such offsetting collections are received dur18 ing fiscal year 2003.

Passed the House of Representatives September 26, 

2002. 

Attest: JEFF TRANDAHL, 

Clerk.