H. J. Res. 65
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies,
corporations, 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 applicable appropria-
tions Act for fiscal year 2001 for continuing projects or activities
including the costs of direct loans and loan guarantees (not other-
wise specifically provided 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 appropriations
Acts:
(A) the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002;
(B) the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2002, not-
withstanding section 15 of the State Department Basic Authori-
ties Act of 1956, section 313 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995 (Public Law 103–236),
and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1));
(C) the Energy and Water Development Appropriations
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 Authorities 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 Related Agencies
Appropriations Act, 2002;
(I) the Treasury and General Government Appropriations
Act, 2002; and
(J) the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 2002:
H. J. Res. 65—2
Provided, That whenever the amount which would be made avail-
able 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 oper-
ations, the pertinent project or activity shall be continued at a
rate for operations not exceeding the current rate: Provided further,
That whenever 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 oper-
ations under the authority and conditions provided in the applicable
appropriations Act for fiscal year 2001.
(2) Whenever the amount which would be made available 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 activity shall be continued at a rate for operations not
exceeding the current rate and under the authority and conditions
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 appropria-
tion, fund, or authority granted by the one House at a rate for
operations not exceeding the current rate and under the authority
and conditions 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 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.
(b) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations 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 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 Agencies 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 Department 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
H. J. Res. 65—3
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 2001: 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 2001.
SEC. 105. No provision which is included in an appropriations
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 applicable to any appropriation, fund, or authority
provided in this joint resolution.
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,
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 authoriza-
tion whenever a bill in which such applicable 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 dependent 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 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 permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
H. J. Res. 65—4
SEC. 112. 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
2001 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 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 specified in section 107(c)
of this joint resolution.
SEC. 114. Activities authorized by title V of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1998, may continue
through the date specified in section 107(c) of this joint resolution.
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 tempo-
rarily transfer to the revolving fund established under section 103
of Public Law 106–481 amounts to continue program operations
at a rate not exceeding the rate under authority applicable prior
to October 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, Con-
tributions to International Organizations’’ in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, $100,000,000 may be made available
only pursuant 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 funding
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 Investor and Capital
Markets Fee Relief Act, or other legislation 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 assessments
authorized by such sections, as amended, shall be deposited and
credited as offsetting collections to the account that provides appro-
priations to the Securities and Exchange Commission.
H. J. Res. 65—5
SEC. 121. 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. § 136a–1(i) and (k)) may continue through
the date specified in section 107(c) of this joint resolution. Prohibi-
tions 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. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.