IA

107TH CONGRESS

1ST SESSION H. J. RES. 65

Making continuing appropriations for the fiscal year 2002, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 24, 2001

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

considered and agreed to

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,

5 and out of applicable corporate or other revenues, receipts,

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for

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

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

10 under the authority and conditions provided in the appli-
2

HJ 65 ATH

1 cable appropriations Act for fiscal year 2001 for con2 tinuing projects or activities including the costs of direct

3 loans and loan guarantees (not otherwise specifically pro4 vided for in this joint resolution) which were conducted

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

6 or other authority would be available in the following ap7 propriations Acts:

8 (A) the Agriculture, Rural Development, Food

9 and Drug Administration, and Related Agencies Ap10 propriations Act, 2002;

11 (B) the Departments of Commerce, Justice,

12 and State, the Judiciary, and Related Agencies Ap13 propriations Act, 2002, notwithstanding section 15

14 of the State Department Basic Authorities Act of

15 1956, section 313 of the Foreign Relations Author16 ization Act, Fiscal Years 1994 and 1995 (Public

17 Law 103–236), and section 504(a)(1) of the Na18 tional Security Act of 1947 (50 U.S.C. 414(a)(1));

19 (C) the Energy and Water Development Appro20 priations Act, 2002;

21 (D) the Foreign Operations, Export Financing,

22 and Related Programs Appropriations Act, 2002,

23 notwithstanding section 10 of Public Law 91–672

24 and section 15 of the State Department Basic Au25 thorities Act of 1956;
3

HJ 65 ATH

1 (E) the Department of the Interior and Related

2 Agencies Appropriations Act, 2002;

3 (F) the Legislative Branch Appropriations Act,

4 2002;

5 (G) the Military Construction Appropriations

6 Act, 2002;

7 (H) the Department of Transportation and Re8 lated Agencies Appropriations Act, 2002;

9 (I) the Treasury and General Government Ap10 propriations Act, 2002; and

11 (J) the Departments of Veterans Affairs and

12 Housing and Urban Development, and Independent

13 Agencies Appropriations Act, 2002:

14 Provided, That whenever the amount which would be made

15 available or the authority which would be granted in these

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

17 1, 2001, is different than that which would be available

18 or granted under current operations, the pertinent project

19 or activity shall be continued at a rate for operations not

20 exceeding the current rate: Provided further, That when21 ever there is no amount made available under any of these

22 appropriations Acts as passed by the House and Senate

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

24 which was conducted in fiscal year 2001 and for which

25 there is fiscal year 2002 funding included in the budget
4

HJ 65 ATH

1 request, the pertinent project or activity shall be continued

2 at the rate for current operations under the authority and

3 conditions provided in the applicable appropriations Act

4 for fiscal year 2001.

5 (2) Whenever the amount which would be made avail6 able or the authority which would be granted under an

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

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

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

10 Senate as of October 1, 2001, the pertinent project or ac11 tivity shall be continued at a rate for operations not ex12 ceeding the current rate and under the authority and con13 ditions provided in the applicable appropriations Act for

14 fiscal year 2001.

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

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

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

18 continued under the appropriation, fund, or authority

19 granted by the one House at a rate for operations not ex20 ceeding the current rate and under the authority and con21 ditions provided in the applicable appropriations Act for

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

23 amount made available under any of these appropriations

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

25 1, 2001, for a continuing project or activity which was
5

HJ 65 ATH

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

2 year 2002 funding included in the budget request, the per3 tinent project or activity shall be continued at the rate

4 for current operations under the authority and conditions

5 provided in the applicable appropriations Act for fiscal

6 year 2001.

7 (b) Such amounts as may be necessary under the au8 thority and conditions provided in the applicable appro9 priations Act for fiscal year 2001 for continuing projects

10 or activities including the costs of direct loans and loan

11 guarantees (not otherwise specifically provided for in this

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

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

14 and for which appropriations, funds, or other authority

15 was made available in the following appropriations Acts:

16 (1) the Department of Defense Appropriations

17 Act, 2001, notwithstanding section 504(a)(1) of the

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

19 414(a)(1)); and

20 (2) the Departments of Labor, Health and

21 Human Services, and Education, and Related Agen22 cies Appropriations Act, 2001; and

23 (3) the District of Columbia Appropriations

24 Act, 2001.
6

HJ 65 ATH

1 SEC. 102. No appropriation or funds made available

2 or authority granted pursuant to section 101 for the De3 partment of Defense shall be used for new production of

4 items not funded for production in fiscal year 2001 or

5 prior years, for the increase in production rates above

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

7 resume, or continue any project, activity, operation, or or8 ganization which are defined as any project, subproject,

9 activity, budget activity, program element, and subpro10 gram within a program element and for investment items

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

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

13 which includes a program element and subprogram ele14 ment within an appropriation account, for which appro15 priations, funds, or other authority were not available dur16 ing fiscal year 2001: Provided, That no appropriation or

17 funds made available or authority granted pursuant to

18 section 101 for the Department of Defense shall be used

19 to initiate multi-year procurements utilizing advance pro20 curement funding for economic order quantity procure21 ment unless specifically appropriated later.

22 SEC. 103. Appropriations made by section 101 shall

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

24 be provided by the pertinent appropriations Act.
7

HJ 65 ATH

1 SEC. 104. No appropriation or funds made available

2 or authority granted pursuant to section 101 shall be used

3 to initiate or resume any project or activity for which ap4 propriations, funds, or other authority were not available

5 during fiscal year 2001.

6 SEC. 105. No provision which is included in an appro7 priations Act listed in section 101(a) but which was not

8 included in the applicable appropriations Act for fiscal

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

10 than one appropriation, fund, or authority shall be appli11 cable to any appropriation, fund, or authority provided in

12 this joint resolution.

13 SEC. 106. Appropriations made and authority grant14 ed pursuant to this joint resolution shall cover all obliga15 tions or expenditures incurred for any program, project,

16 or activity during the period for which funds or authority

17 for such project or activity are available under this joint

18 resolution.

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

20 resolution or in the applicable appropriations Act, appro21 priations and funds made available and authority granted

22 pursuant to this joint resolution shall be available until

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

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

25 enactment into law of the applicable appropriations Act
8

HJ 65 ATH

1 by both Houses without any provision for such project or

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

3 SEC. 108. Expenditures made pursuant to this joint

4 resolution shall be charged to the applicable appropriation,

5 fund, or authorization whenever a bill in which such appli6 cable appropriation, fund, or authorization is contained is

7 enacted into law.

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

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

10 availability of any appropriation provided therein depend11 ent upon the enactment of additional authorizing or other

12 legislation shall be effective before the date set forth in

13 section 107(c) of this joint resolution.

14 SEC. 110. Appropriations and funds made available

15 by or authority granted pursuant to this joint resolution

16 may be used without regard to the time limitations for

17 submission and approval of apportionments set forth in

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

19 herein shall be construed to waive any other provision of

20 law governing the apportionment of funds.

21 SEC. 111. This joint resolution shall be implemented

22 so that only the most limited funding action of that per23 mitted in the joint resolution shall be taken in order to

24 provide for continuation of projects and activities.
9

HJ 65 ATH

1 SEC. 112. Notwithstanding any other provision of

2 this joint resolution, except section 107, for those pro3 grams that had high initial rates of operation or complete

4 distribution of fiscal year 2001 appropriations at the be5 ginning of that fiscal year because of distributions of fund6 ing to States, foreign countries, grantees or others, similar

7 distributions of funds for fiscal year 2002 shall not be

8 made and no grants shall be awarded for such programs

9 funded by this resolution that would impinge on final

10 funding prerogatives.

11 SEC. 113. Activities authorized by sections 1319 and

12 1336(a) of the National Flood Insurance Act of 1968 (42

13 U.S.C. 4001 et seq.) may continue through the date speci14 fied in section 107(c) of this joint resolution.

15 SEC. 114. Activities authorized by title V of the De16 partments of Veterans Affairs and Housing and Urban

17 Development, and Independent Agencies Appropriations

18 Act, 1998, may continue through the date specified in sec19 tion 107(c) of this joint resolution.

20 SEC. 115. Activities authorized by section 7 of the

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

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

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

24 resolution.
10

HJ 65 ATH

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

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

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

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

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

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

7 SEC. 118. Notwithstanding any other provision of

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

9 Congress may temporarily transfer to the revolving fund

10 established under section 103 of Public Law 106–481

11 amounts to continue program operations at a rate not ex12 ceeding the rate under authority applicable prior to Octo13 ber 1, 2001.

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

15 joint resolution, for projects and activities that would be

16 funded under the heading ‘‘International Organizations

17 and Conferences, Contributions to International Organiza18 tions’’ in the Departments of Commerce, Justice, and

19 State, the Judiciary, and Related Agencies Appropriations

20 Act, 2001, $100,000,000 may be made available only pur21 suant to a certification by the Secretary of State that the

22 United Nations has taken no action in calendar year 2001

23 prior to the date of enactment of this Act to increase fund24 ing for any United Nations program without identifying

25 an offsetting decrease elsewhere in the United Nations
11

HJ 65 ATH

1 budget and cause the United Nations to exceed the budget

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

3 SEC. 120. Notwithstanding any other provision of

4 this joint resolution, in the event that H.R. 1088, the In5 vestor and Capital Markets Fee Relief Act, or other legis6 lation to amend section 6(b) of the Securities Act of 1933

7 (15 U.S.C. 77f(b)), and sections 13(e), 14(g), and 31 of

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

9 78n(g), and 78ee), is enacted into law during the period

10 covered by this joint resolution, the fees, charges, and as11 sessments authorized by such sections, as amended, shall

12 be deposited and credited as offsetting collections to the

13 account that provides appropriations to the Securities and

14 Exchange Commission.

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

16 authorized by section 4(i) and 4(k) of the Federal Insecti17 cide, Fungicide, and Rodenticide Act (7 U.S.C. § 136a–

18 1(i) and (k)) may continue through the date specified in

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

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

21 the Federal Insecticide, Fungicide, and Rodenticide Act

22 (7 U.S.C. § 136a–1(i)(6)) shall continue in effect through

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

24 SEC. 122. Notwithstanding section 106 of this joint

25 resolution, funds made available in Public Law 107–38
12

HJ 65 ATH

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

2 resolution.

Æ