IIA
107TH CONGRESS
2D SESSION
H. J. RES. 122
IN THE SENATE OF THE UNITED STATES
OCTOBER 10, 2002
Received
JOINT RESOLUTION
Making further continuing appropriations for the fiscal year
2003, and for other purposes.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
That Public Law 107–229 is further amended by striking
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the date specified in section 107(c) and inserting ‘‘October
18, 2002’’.
SEC. 2. Section 101(2) of Public Law 107–229 is
amended by striking ‘‘section 15’’ and all that follows
through ‘‘(Public Law 103–236), and’’.
SEC. 3. Section 114 of Public Law 107–229 is
amended by inserting before the colon at the end of the
first proviso the following: ‘‘: Provided further, That sec-
tion 3001 of the 21st Century Department of Justice Ap-
propriations Authorization Act (H.R. 2215) is amended
by striking subsection (d), and such amendment shall take
effect as if included in such Act on the date of its enact-
ment’’.
SEC. 4. Section 117 of Public Law 107–229 is
amended to read as follows:
‘‘SEC. 117. (a) The Congress finds that section 501
of title 44, United States Code, and section 207(a) of the
Legislative Branch Appropriations Act, 1993 (44 U.S.C.
501 note) require that (except as otherwise provided in
such sections) all printing, binding, and blankbook work
for Congress, the Executive Office, the Judiciary, other
than the Supreme Court of the United States, and every
executive department, independent office, and establish-
ment of the Government, shall be done at the Government
Printing Office.
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‘‘(b) No funds appropriated under this joint resolu-
tion or any other Act may be used—
‘‘(1) to implement or comply with the Office of
Management and Budget Memorandum M–02–07,
‘Procurement of Printing and Duplicating through
the Government Printing Office’, issued May 3,
2002, or any other memorandum or similar opinion
reaching the same, or substantially the same, result
as such memorandum; or
‘‘(2) to pay for the printing (other than by the
Government Printing Office) of the budget of the
United States Government submitted by the Presi-
dent of the United States under section 1105 of title
31, United States Code.’’.
SEC. 5. Public Law 107–229 is amended by adding
at the end the following new sections:
‘‘SEC. 120. For entitlements and other mandatory
payments whose budget authority was provided in appro-
priations Acts for fiscal year 2002, and for activities under
the Food Stamp Act of 1977, activities shall be continued
at a rate to maintain program levels under current law,
under the authority and conditions provided in the appli-
cable appropriations Act for fiscal year 2002, to be contin-
ued through the date specified in section 107(c): Provided,
That notwithstanding section 107, funds shall be available
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and obligations for mandatory payments due on or about
November 1, and December 1, 2002, may continue to be
made.
‘‘SEC. 121. Notwithstanding any other provision of
this joint resolution, the annual rate of operations for the
Commodity Futures Trading Commission (CFTC) Sala-
ries and Expenses Account shall not exceed $71,960,000
and shall include the cost of lease of office space for the
CFTC’s New York regional office at an annual rate not
to exceed $1,949,000.
‘‘SEC. 122. In addition to funds made available in
section 101, the Department of Justice may transfer to
the Immigration User Fee Account established by section
286(h) of the Immigration and Nationality Act (8 U.S.C.
1356(h)) such sums as may be necessary from unobligated
balances from funds appropriated to the Immigration and
Naturalization Service by Public Law 107–77 and division
B of Public Law 107–117, at a rate not to exceed
$90,000,000 for the first quarter, through the date speci-
fied in section 107(c): Provided, That the sums trans-
ferred under this section shall be reimbursed from the Im-
migration User Fee Account by not later than April 1,
2003.
‘‘SEC. 123. Notwithstanding section 105(a)(2), in ad-
dition to amounts made available in section 101, and sub-
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ject to sections 107(c) and 108, for purposes of calculating
the rate of operations of General Legal Activities (GLA)
in the Department of Justice, $7,300,000 available during
fiscal year 2002 from the Executive Office of the Presi-
dent shall be credited to GLA for purposes of admin-
istering the Victims Compensation Program.
‘‘SEC. 124. Activities authorized by the Parole Com-
mission and Reorganization Act, P.L. 94–233, as amend-
ed, may continue through the date specified in section
107(c).
‘‘SEC. 125. Notwithstanding any other provision of
this joint resolution, in addition to amounts made avail-
able in section 101, and subject to sections 107(c) and
108, such funds, from fee collections in fiscal year 2003,
shall be available for the Securities and Exchange Com-
mission to continue implementation of section 8 of Public
Law 107–123.
‘‘SEC. 126. Notwithstanding any other provision of
this joint resolution, except section 107, the District of
Columbia may expend local funds at a rate in excess of
the rate under authority applicable prior to October 1,
2002 to cover payments that would be funded under the
heading ‘Repayment of Loans and Interest’.
‘‘SEC. 127. No funds appropriated in this joint reso-
lution or any other Act may be used to implement any
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restructuring of the Civil Works Program of the US Army
Corps of Engineers which would involve the transfer of
Civil Works missions, functions, or responsibilities from
the US Army Corps of Engineers to any other executive
branch agency or department without explicit congres-
sional authorization.
‘‘SEC. 128. Notwithstanding any other provision of
this joint resolution, during fiscal year 2003, direct loans
under section 23 of the Arms Export Control Act may be
made available for Poland, gross obligations for the prin-
cipal amounts of which shall not exceed $3,800,000,000:
Provided, That such loans shall be repaid in not more than
15 years, including a grace period of up to 8 years on
repayment of principal: Provided further, That no funds
are available for the subsidy costs of these loans: Provided
further, That the Government of Poland shall pay the full
cost, as defined in section 502 of the Federal Credit Re-
form Act of 1990, as amended, associated with the loans,
including the cost of any defaults: Provided further, That
any fees associated with these loans shall be paid by the
Government of Poland prior to any disbursement of loan
proceeds: Provided further, That no funds made available
to Poland under this joint resolution or any other Act may
be used for payment of any fees associated with these
loans.
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‘‘SEC. 129. Notwithstanding section 1(c) of Public
Law 103–428, as amended, sections 1(a) and (b) of Public
Law 103–428 shall remain in effect until the date speci-
fied in section 107(c).
‘‘SEC. 130. Notwithstanding any other provision of
this joint resolution, there is hereby appropriated, out of
any money in the Treasury not otherwise appropriated,
for payment to John F. Mink, widower of Patsy Mink,
late a Representative from the State of Hawaii, $150,000.
‘‘SEC. 131. Notwithstanding section 105(a)(2), in ad-
dition to amounts made available in section 101, and sub-
ject to sections 107(c) and 108, for purposes of calculating
the rate of operations for the Transportation Security Ad-
ministration (TSA) and the Federal Emergency Manage-
ment Agency (FEMA), the amount transferred by Public
Law 107–206 from TSA to FEMA shall be credited to
TSA, and such amount shall be deducted from FEMA.
‘‘SEC. 132. Activities authorized by section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v)
may continue through the date specified in section 107(c)
of this joint resolution.
‘‘SEC. 133. (a) Each specified department or agency
shall, by December 6, 2002, submit directly to the Com-
mittees on Appropriations a report containing an evalua-
tion of the effect on the specified management areas of
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operating through September 30, 2003, under joint reso-
lutions making continuing appropriations for fiscal year
2003 that fund programs and activities at not exceeding
the current rate of operations.
‘‘(b) For purposes of subsection (a):
‘‘(1) The term ‘specified department or agency’
means a department or agency identified on page 49
or 50 of the Budget of the United States Govern-
ment, Fiscal Year 2003 (H. Doc. 107–159, Vol. I),
except for the Department of Defense.
‘‘(2) The term ‘specified management areas’
means the following management priorities described
in the President’s Management Agenda (August
2001): strategic management of human capital, com-
petitive sourcing, improved financial performance,
expanded electronic government, and budget and
performance integration.
‘‘SEC. 134. (a) The Director of the Office of Manage-
ment and Budget shall submit to the Committees on Ap-
propriations a monthly report on all departmental and
agency obligations made since the beginning of fiscal year
2003 while operating under joint resolutions making con-
tinuing appropriations for such fiscal year.
‘‘(b) Each report required by subsection (a) shall set
forth obligations by account, and shall contain a compari-
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son of such obligations to the obligations incurred during
the same period for fiscal year 2002.
‘‘(c) Reports shall be submitted under subsection (a)
beginning 1 month after the enactment of this section, and
ending 1 month after the expiration of the period covered
by the final joint resolution making continuing appropria-
tions for fiscal year 2003.
‘‘(d)(1) Each report required by subsection (a) shall
include a list of all executive branch accounts for which
departments and agencies are operating under apportion-
ments that provide for a rate of operations that is lower
than the current rate, within the meaning of sections 101
and 105. For each such account, the report shall include
an estimate of the current rate for the period covered by
this joint resolution and the estimate of obligations during
such period.
‘‘(2) By December 6, 2002, the Comptroller General
shall submit to the Committees on Appropriations a report
identifying executive branch accounts for which apportion-
ments made from funds appropriated or authority granted
by this joint resolution provide for a rate of operations
that differs from the current rate, within the meaning of
sections 101 and 105.
‘‘SEC. 135. Appropriations made by this joint resolu-
tion are hereby reduced, at an annual rate, by the amounts