IA

107TH CONGRESS

2D SESSION H. J. RES. 121

Making further continuing appropriations for the fiscal year 2003, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 2002

Mr. YOUNG of Florida introduced the following joint resolution; which was

referred to the Committee on Appropriations

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

4 the date specified in section 107(c) and inserting ‘‘Novem5 ber 22, 2002’’.

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

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

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

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

10 amended by inserting before the colon at the end of the
2

•HJ 121 IH

1 first proviso the following: ‘‘: Provided further, That sec2 tion 3001 of the 21st Century Department of Justice Ap3 propriations Authorization Act (H.R. 2215) is amended

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

5 effect as if included in such Act on the date of its enact6 ment’’.

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

8 amended to read as follows:

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

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

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

12 501 note) require that (except as otherwise provided in

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

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

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

16 executive department, independent office, and establish17 ment of the Government, shall be done at the Government

18 Printing Office.

19 ‘‘(b) No funds appropriated under this joint resolu20 tion or any other Act may be used—

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

22 Management and Budget Memorandum M–02–07,

23 ‘Procurement of Printing and Duplicating through

24 the Government Printing Office’, issued May 3,

25 2002, or any other memorandum or similar opinion
3

•HJ 121 IH

1 reaching the same, or substantially the same, result

2 as such memorandum; or

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

4 Government Printing Office) of the budget of the

5 United States Government submitted by the Presi6 dent of the United States under section 1105 of title

7 31, United States Code.’’.

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

9 at the end the following new sections:

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

11 payments whose budget authority was provided in appro12 priations Acts for fiscal year 2002, and for activities under

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

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

15 under the authority and conditions provided in the appli16 cable appropriations Act for fiscal year 2002, to be contin17 ued through the date specified in section 107(c): Provided,

18 That notwithstanding section 107, funds shall be available

19 and obligations for mandatory payments due on or about

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

21 made.

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

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

24 Commodity Futures Trading Commission (CFTC) Sala25 ries and Expenses Account shall not exceed $71,960,000
4

•HJ 121 IH

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

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

3 to exceed $1,949,000.

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

5 section 101, the Department of Justice may transfer to

6 the Immigration User Fee Account established by section

7 286(h) of the Immigration and Nationality Act (8 U.S.C.

8 1356(h)) such sums as may be necessary from unobligated

9 balances from funds appropriated to the Immigration and

10 Naturalization Service by Public Law 107–77 and division

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

12 $90,000,000 for the first quarter, through the date speci13 fied in section 107(c): Provided, That the sums trans14 ferred under this section shall be reimbursed from the Im15 migration User Fee Account by not later than April 1,

16 2003.

17 ‘‘SEC. 123. Notwithstanding section 105(a)(2), in ad18 dition to amounts made available in section 101, and sub19 ject to sections 107(c) and 108, for purposes of calculating

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

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

22 fiscal year 2002 from the Executive Office of the Presi23 dent shall be credited to GLA for purposes of admin24 istering the Victims Compensation Program.
5

•HJ 121 IH

1 ‘‘SEC. 124. Activities authorized by the Parole Com2 mission and Reorganization Act, P.L. 94–233, as amend3 ed, may continue through the date specified in section

4 107(c).

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

6 this joint resolution, in addition to amounts made avail7 able in section 101, and subject to sections 107(c) and

8 108, such funds, from fee collections in fiscal year 2003,

9 shall be available for the Securities and Exchange Com10 mission to continue implementation of section 8 of Public

11 Law 107–123.

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

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

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

15 the rate under authority applicable prior to October 1,

16 2002 to cover payments that would be funded under the

17 heading ‘Repayment of Loans and Interest’.

18 ‘‘SEC. 127. No funds appropriated in this joint reso19 lution or any other Act may be used to implement any

20 restructuring of the Civil Works Program of the US Army

21 Corps of Engineers which would involve the transfer of

22 Civil Works missions, functions, or responsibilities from

23 the US Army Corps of Engineers to any other executive

24 branch agency or department without explicit congres25 sional authorization.
6

•HJ 121 IH

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

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

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

4 made available for Poland, gross obligations for the prin5 cipal amounts of which shall not exceed $3,800,000,000:

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

7 15 years, including a grace period of up to 8 years on

8 repayment of principal: Provided further, That no funds

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

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

11 cost, as defined in section 502 of the Federal Credit Re12 form Act of 1990, as amended, associated with the loans,

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

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

15 Government of Poland prior to any disbursement of loan

16 proceeds: Provided further, That no funds made available

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

18 be used for payment of any fees associated with these

19 loans.

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

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

22 Law 103–428 shall remain in effect until the date speci23 fied in section 107(c).

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

25 this joint resolution, there is hereby appropriated, out of
7

•HJ 121 IH

1 any money in the Treasury not otherwise appropriated,

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

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

4 ‘‘SEC. 131. Notwithstanding section 105(a)(2), in ad5 dition to amounts made available in section 101, and sub6 ject to sections 107(c) and 108, for purposes of calculating

7 the rate of operations for the Transportation Security Ad8 ministration (TSA) and the Federal Emergency Manage9 ment Agency (FEMA), the amount transferred by Public

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

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

12 ‘‘SEC. 132. Notwithstanding section 105(a)(2), in ad13 dition to amounts made available in section 101, and sub14 ject to sections 107(c) and 108, for purposes of calculating

15 the rate of operations of the Transportation Security Ad16 ministration (TSA) and the Federal Aviation Administra17 tion (FAA), $466,000,000 available during fiscal year

18 2002 to FAA shall be credited to TSA, and $65,000,000

19 shall be deducted from FAA.

20 ‘‘SEC. 133. Activities authorized by section 24 of the

21 United States Housing Act of 1937 (24 U.S.C. 1437v)

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

23 of this joint resolution.

24 ‘‘SEC. 134. (a) Each specified department or agency

25 shall, by December 6, 2002, submit directly to the Com-
8

•HJ 121 IH

1 mittees on Appropriations a report containing an evalua2 tion of the effect on the specified management areas of

3 operating through September 30, 2003, under joint reso4 lutions making continuing appropriations for fiscal year

5 2003 that fund programs and activities at not exceeding

6 the current rate of operations.

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

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

9 means a department or agency identified on page 49

10 or 50 of the Budget of the United States Govern11 ment, Fiscal Year 2003 (H. Doc. 107–159, Vol. I),

12 except for the Department of Defense.

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

14 means the following management priorities described

15 in the President’s Management Agenda (August

16 2001): strategic management of human capital, com17 petitive sourcing, improved financial performance,

18 expanded electronic government, and budget and

19 performance integration.

20 ‘‘SEC. 135. (a) The Director of the Office of Manage21 ment and Budget shall submit to the Committees on Ap22 propriations a monthly report on all departmental and

23 agency obligations made since the beginning of fiscal year

24 2003 while operating under joint resolutions making con25 tinuing appropriations for such fiscal year.
9

•HJ 121 IH

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

2 forth obligations by account, and shall contain a compari3 son of such obligations to the obligations incurred during

4 the same period for fiscal year 2002.

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

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

7 ending 1 month after the expiration of the period covered

8 by the final joint resolution making continuing appropria9 tions for fiscal year 2003.

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

11 include a list of all executive branch accounts for which

12 departments and agencies are operating under apportion13 ments that provide for a rate of operations that is lower

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

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

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

17 this joint resolution and the estimate of obligations during

18 such period.

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

20 shall submit to the Committees on Appropriations a report

21 identifying executive branch accounts for which apportion22 ments made from funds appropriated or authority granted

23 by this joint resolution provide for a rate of operations

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

25 sections 101 and 105.
10

•HJ 121 IH

1 ‘‘SEC. 136. Appropriations made by this joint resolu2 tion are hereby reduced, at an annual rate, by the amounts

3 specified and in the accounts identified for one-time, non4 recurring projects and activities in Attachment C of Office

5 of Management and Budget Bulletin No. 02–06, Supple6 ment No. 1, dated October 4, 2002.

7 ‘‘SEC. 137. Activities authorized for 2002 by sections

8 1902(a)(10)(E)(iv) and 1933 of the Social Security Act,

9 as amended, with respect to individuals described in sec10 tion 1902(a)(10)(E)(iv)(I) of such Act may continue

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

12 of Public Law 107–229, as amended.

13 ‘‘SEC. 138. Notwithstanding any other provision of

14 this joint resolution, except section 107(c) and 108, during

15 fiscal year 2003, the annual rate of operations for the

16 Federal-aid highways program for fiscal year 2003 shall

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

18 this program while operating under joint resolutions mak19 ing continuing appropriations for fiscal year 2003 shall

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

21 a subsequent appropriations Act. This section shall not af22 fect the availability of unobligated balances carried for23 ward into fiscal year 2003 that would otherwise be avail24 able for obligation.’’.

Æ