H. J. Res. 111—2
(11) the Department of Transportation and Related Agen-
cies Appropriations Act, 2002;
(12) the Treasury and General Government Appropriations
Act, 2002; and
(13) the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 2002.
SEC. 102. No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used for new production of items not funded for production
in fiscal year 2002 or prior years, for the increase in production
rates above those sustained with fiscal year 2002 funds, or to
initiate, resume, or continue any project, activity, operation, or
organization which are defined as any project, subproject, activity,
budget activity, program element, and subprogram within a pro-
gram 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 subpro-
gram element within an appropriation account, for which appropria-
tions, funds, or other authority were not available during fiscal
year 2002: Provided, That no appropriation or funds made available
or authority granted pursuant to section 101 for the Department
of Defense shall be used to initiate multi-year procurements uti-
lizing advance procurement funding for economic order quantity
procurement 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 appropriations, funds, or other
authority were not available during fiscal year 2002.
SEC. 105. (a) For purposes of section 101, the term ‘‘rate for
operations not exceeding the current rate’’—
(1) has the meaning given such term (including supple-
mental appropriations and rescissions) in the attachment to
Office of Management and Budget Bulletin No. 01–10 entitled
‘‘Apportionment of the Continuing Resolution(s) for Fiscal Year
2002’’ and dated September 27, 2001, applied by substituting
‘‘FY 2002’’ for ‘‘FY 2001’’ each place it appears; but
(2) does not include any unobligated balance of funds appro-
priated in Public Law 107–38 and carried forward to fiscal
year 2002, other than funds transferred by division B of Public
Law 107–117.
(b) The appropriations Acts listed in section 101 shall be deemed
to include supplemental appropriation laws enacted during fiscal
year 2002.
SEC. 106. Appropriations made and authority granted pursuant
to this joint resolution shall cover all obligations 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.
SEC. 107. Unless otherwise provided for in this joint resolution
or in the applicable appropriations Act, appropriations and funds
made available and authority granted pursuant to this joint resolu-
tion shall be available until (a) enactment into law of an appropria-
tion for any project or activity provided for in this joint resolution,
H. J. Res. 111—3
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 4, 2002, whichever first occurs.
SEC. 108. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or authoriza-
tion whenever a bill in which such applicable appropriation, fund,
or authorization is contained is enacted into law.
SEC. 109. 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 herein shall be construed to waive any
other provision of law governing the apportionment of funds.
SEC. 110. Notwithstanding any other provision of this joint
resolution, except section 107, for those programs that had high
initial rates of operation or complete distribution of fiscal year
2002 appropriations at the beginning of that fiscal year because
of distributions of funding to States, foreign countries, grantees
or others, similar distributions of funds for fiscal year 2003 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. 111. This joint resolution shall be implemented so that
only the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
SEC. 112. For the Overseas Private Investment Corporation
Program account, for the cost of direct and guaranteed loans, at
an annual rate not to exceed $19,000,000, to be derived by transfer
from the Overseas Private Investment Corporation non-credit
account, subject to section 107(c).
SEC. 113. Activities authorized by section 403(f) of Public Law
103–356, as amended by section 634 of Public Law 107–67, and
activities authorized under the heading ‘‘Treasury Franchise Fund’’
in the Treasury Department Appropriations Act, 1997 (Pub. L.
104–208), as amended by section 120 of the Treasury Department
Appropriations Act, 2001 (Pub. L. 106–554), may continue through
the date specified in section 107(c) of this joint resolution.
SEC. 114. Activities authorized by Title IV–A of the Social
Security Act, and by sections 510, 1108(b), and 1925 of such Act,
shall continue in the manner authorized for fiscal year 2002 through
December 31, 2002 (notwithstanding section 1902(e)(1)(A) of such
Act): Provided, That grants and payments may be made pursuant
to this authority at the beginning of fiscal year 2003 for the first
quarter of such year, at the level provided for such activities for
the first quarter of fiscal year 2002: Provided further, That notwith-
standing Rule 3 of the Budget Scorekeeping Guidelines set forth
in the joint explanatory statement of the committee of conference
accompanying Conference Report 105–217, the provisions of this
section that would have been estimated by the Office of Manage-
ment and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 were they included in an Act other than an appropria-
tions Act shall be treated as direct spending or receipts legislation,
as appropriate, under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and by the Chairmen of
H. J. Res. 111—4
the House and Senate Budget Committees, as appropriate, under
the Congressional Budget Act of 1974.
SEC. 115. Activities authorized by section 1722A of title 38,
United States Code may continue through the date specified in
section 107(c) of this joint resolution.
SEC. 116. In addition to amounts made available in section
101 and subject to sections 107(c) and 108 of this joint resolution,
such sums as may be necessary for contributions authorized by
10 U.S.C. 1111 for the Uniformed Services of the Department
of Defense, the Coast Guard, the Public Health Service, and the
National Oceanic and Atmospheric Administration are made avail-
able to accounts for the pay of members of such participating
uniformed services, to be paid from such accounts into the Fund
established under 10 U.S.C. 1111, pursuant to 10 U.S.C. 1116(c).
SEC. 117. None of the funds made available under this Act,
or any other Act, shall be used by an Executive agency to implement
any activity in violation of section 501 of title 44, United States
Code.
SEC. 118. Collection and use of maintenance fees as authorized
by section 4(i) and 4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 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 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. 119. Security service fees authorized under 49 U.S.C.
44940 shall be credited as offsetting collections and the maximum
amount collected shall be used for providing security services
authorized by that section: Provided, That the sum available from
the General Fund shall be reduced as such offsetting collections
are received during fiscal year 2003.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.