IIA
107TH CONGRESS
1ST SESSION
H. J. RES. 65
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 2001
Received
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 2002,
and for other purposes.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated,
HJ 65 RDS
and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corpora-
tions, and other organizational units of Government for
fiscal year 2002, and for other purposes, namely:
SEC. 101. (a)(1) Such amounts as may be necessary
under the authority and conditions provided in the appli-
cable appropriations Act for fiscal year 2001 for con-
tinuing projects or activities including the costs of direct
loans and loan guarantees (not otherwise specifically pro-
vided for in this joint resolution) which were conducted
in fiscal year 2001 and for which appropriations, funds,
or other authority would be available in the following ap-
propriations Acts:
(A) the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Ap-
propriations Act, 2002;
(B) the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Ap-
propriations Act, 2002, notwithstanding section 15
of the State Department Basic Authorities Act of
1956, section 313 of the Foreign Relations Author-
ization Act, Fiscal Years 1994 and 1995 (Public
Law 103–236), and section 504(a)(1) of the Na-
tional Security Act of 1947 (50 U.S.C. 414(a)(1));
HJ 65 RDS
(C) the Energy and Water Development Appro-
priations Act, 2002;
(D) the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2002,
notwithstanding section 10 of Public Law 91–672
and section 15 of the State Department Basic Au-
thorities Act of 1956;
(E) the Department of the Interior and Related
Agencies Appropriations Act, 2002;
(F) the Legislative Branch Appropriations Act,
2002;
(G) the Military Construction Appropriations
Act, 2002;
(H) the Department of Transportation and Re-
lated Agencies Appropriations Act, 2002;
(I) the Treasury and General Government Ap-
propriations Act, 2002; and
(J) the Departments of Veterans Affairs and
Housing and Urban Development, and Independent
Agencies Appropriations Act, 2002:
Provided, That whenever the amount which would be made
available or the authority which would be granted in these
Acts as passed by the House and Senate as of October
1, 2001, is different than that which would be available
or granted under current operations, the pertinent project
HJ 65 RDS
or activity shall be continued at a rate for operations not
exceeding the current rate: Provided further, That when-
ever there is no amount made available under any of these
appropriations Acts as passed by the House and Senate
as of October 1, 2001, for a continuing project or activity
which was conducted in fiscal year 2001 and for which
there is fiscal year 2002 funding included in the budget
request, the pertinent project or activity shall be continued
at the rate for current operations under the authority and
conditions provided in the applicable appropriations Act
for fiscal year 2001.
(2) Whenever the amount which would be made avail-
able or the authority which would be granted under an
Act listed in this subsection as passed by the House as
of October 1, 2001, is different from that which would
be available or granted under such Act as passed by the
Senate as of October 1, 2001, the pertinent project or ac-
tivity shall be continued at a rate for operations not ex-
ceeding the current rate and under the authority and con-
ditions provided in the applicable appropriations Act for
fiscal year 2001.
(3) Whenever an Act listed in this subsection has
been passed by only the House or only the Senate as of
October 1, 2001, the pertinent project or activity shall be
continued under the appropriation, fund, or authority
HJ 65 RDS
granted by the one House at a rate for operations not ex-
ceeding the current rate and under the authority and con-
ditions provided in the applicable appropriations Act for
fiscal year 2001: Provided, That whenever there is no
amount made available under any of these appropriations
Acts as passed by the House or the Senate as of October
1, 2001, for a continuing project or activity which was
conducted in fiscal year 2001 and for which there is fiscal
year 2002 funding included in the budget request, the per-
tinent project or activity shall be continued at the rate
for current operations under the authority and conditions
provided in the applicable appropriations Act for fiscal
year 2001.
(b) Such amounts as may be necessary under the au-
thority and conditions provided in the applicable appro-
priations Act for fiscal year 2001 for continuing projects
or activities including the costs of direct loans and loan
guarantees (not otherwise specifically provided for in this
joint resolution) which were conducted in fiscal year 2001,
at a rate for operations not exceeding the current rate,
and for which appropriations, funds, or other authority
was made available in the following appropriations Acts:
(1) the Department of Defense Appropriations
Act, 2001, notwithstanding section 504(a)(1) of the
HJ 65 RDS
National 
Security 
Act 
of 
1947 
(50 
U.S.C.
414(a)(1)); and
(2) the Departments of Labor, Health and
Human Services, and Education, and Related Agen-
cies Appropriations Act, 2001; and
(3) the District of Columbia Appropriations
Act, 2001.
SEC. 102. No appropriation or funds made available
or authority granted pursuant to section 101 for the De-
partment of Defense shall be used for new production of
items not funded for production in fiscal year 2001 or
prior years, for the increase in production rates above
those sustained with fiscal year 2001 funds, or to initiate,
resume, or continue any project, activity, operation, or or-
ganization which are defined as any project, subproject,
activity, budget activity, program element, and subpro-
gram within a program element and for investment items
are further defined as a P–1 line item in a budget activity
within an appropriation account and an R–1 line item
which includes a program element and subprogram ele-
ment within an appropriation account, for which appro-
priations, funds, or other authority were not available dur-
ing fiscal year 2001: Provided, That no appropriation or
funds made available or authority granted pursuant to
section 101 for the Department of Defense shall be used
HJ 65 RDS
to initiate multi-year procurements utilizing advance pro-
curement funding for economic order quantity procure-
ment unless specifically appropriated later.
SEC. 103. Appropriations made by section 101 shall
be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 104. No appropriation or funds made available
or authority granted pursuant to section 101 shall be used
to initiate or resume any project or activity for which ap-
propriations, funds, or other authority were not available
during fiscal year 2001.
SEC. 105. No provision which is included in an appro-
priations Act listed in section 101(a) but which was not
included in the applicable appropriations Act for fiscal
year 2001 and which by its terms is applicable to more
than one appropriation, fund, or authority shall be appli-
cable to any appropriation, fund, or authority provided in
this joint resolution.
SEC. 106. Appropriations made and authority grant-
ed pursuant to this joint resolution shall cover all obliga-
tions or expenditures incurred for any program, project,
or activity during the period for which funds or authority
for such project or activity are available under this joint
resolution.
HJ 65 RDS
SEC. 107. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this joint resolution shall be available until
(a) enactment into law of an appropriation for any project
or activity provided for in this joint resolution, or (b) the
enactment into law of the applicable appropriations Act
by both Houses without any provision for such project or
activity, or (c) October 16, 2001, whichever first occurs.
SEC. 108. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 109. No provision in any appropriations Act for
fiscal year 2002 listed in section 101(a) that makes the
availability of any appropriation provided therein depend-
ent upon the enactment of additional authorizing or other
legislation shall be effective before the date set forth in
section 107(c) of this joint resolution.
SEC. 110. Appropriations and funds made available
by or authority granted pursuant to this joint resolution
may be used without regard to the time limitations for
submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
HJ 65 RDS
herein shall be construed to waive any other provision of
law governing the apportionment of funds.
SEC. 111. This joint resolution shall be implemented
so that only the most limited funding action of that per-
mitted in the joint resolution shall be taken in order to
provide for continuation of projects and activities.
SEC. 112. Notwithstanding any other provision of
this joint resolution, except section 107, for those pro-
grams that had high initial rates of operation or complete
distribution of fiscal year 2001 appropriations at the be-
ginning of that fiscal year because of distributions of fund-
ing to States, foreign countries, grantees or others, similar
distributions of funds for fiscal year 2002 shall not be
made and no grants shall be awarded for such programs
funded by this resolution that would impinge on final
funding prerogatives.
SEC. 113. Activities authorized by sections 1319 and
1336(a) of the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) may continue through the date speci-
fied in section 107(c) of this joint resolution.
SEC. 114. Activities authorized by title V of the De-
partments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1998, may continue through the date specified in sec-
tion 107(c) of this joint resolution.
HJ 65 RDS
SEC. 115. Activities authorized by section 7 of the
Export-Import Bank Act of 1945 (12 U.S.C. 635f) and
section 1(c) of Public Law 103–428, may continue
through the date specified in section 107(c) of this joint
resolution.
SEC. 116. Activities authorized by chapter 2 of title
II of the Trade Act of 1974 shall continue through the
date specified in section 107(c) of this joint resolution.
SEC. 117. Activities authorized by subsection (f) of
section 403 of Public Law 103–356 may continue through
the date specified in section 107(c) of this joint resolution.
SEC. 118. Notwithstanding any other provision of
this joint resolution, except section 107, the Library of
Congress may temporarily transfer to the revolving fund
established under section 103 of Public Law 106–481
amounts to continue program operations at a rate not ex-
ceeding the rate under authority applicable prior to Octo-
ber 1, 2001.
SEC. 119. Of amounts provided by section 101 of this
joint resolution, for projects and activities that would be
funded under the heading ‘‘International Organizations
and Conferences, Contributions to International Organiza-
tions’’ in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 2001, $100,000,000 may be made available only pur-
HJ 65 RDS
suant to a certification by the Secretary of State that the
United Nations has taken no action in calendar year 2001
prior to the date of enactment of this Act to increase fund-
ing for any United Nations program without identifying
an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations to exceed the budget
for the biennium 2000–2001 of $2,535,700,000.
SEC. 120. Notwithstanding any other provision of
this joint resolution, in the event that H.R. 1088, the In-
vestor and Capital Markets Fee Relief Act, or other legis-
lation to amend section 6(b) of the Securities Act of 1933
(15 U.S.C. 77f(b)), and sections 13(e), 14(g), and 31 of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g), and 78ee), is enacted into law during the period
covered by this joint resolution, the fees, charges, and as-
sessments authorized by such sections, as amended, shall
be deposited and credited as offsetting collections to the
account that provides appropriations to the Securities and
Exchange Commission.
SEC. 121. Collection and use of maintenance fees as
authorized by section 4(i) and 4(k) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. § 136a–
1(i) and (k)) may continue through the date specified in
section 107(c) of this joint resolution. Prohibitions against
collecting ‘‘other fees’’ as described in section 4(i)(6) of
HJ 65 RDS
the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. § 136a–1(i)(6)) shall continue in effect through
the date specified in section 107(c) of this joint resolution.
SEC. 122. Notwithstanding section 106 of this joint
resolution, funds made available in Public Law 107–38
are not limited by the terms and conditions of this joint
resolution.
Passed the House of Representatives September 24,
2001.
Attest:
JEFF TRANDAHL,
Clerk.