Making continuing appropriations for the fiscal year 2002, and for other purposes.
PL 107-44 (H.J.Res.65), enacted 09/28/2001

PUBLIC LAW 107-44—SEPT. 28, 2001 
115 STAT. 253 
Public Law 107-44 
107th Congress 
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 (PubUc 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: 
Sept. 28, 2001 
[H.J. Res. 65] 
115 STAT. 254 
PUBLIC LAW 107-44—SEPT. 28, 2001 
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 imder 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 
PUBLIC LAW 107-44—SEPT. 28, 2001 
115 STAT. 255 
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 
Expiration date. 
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. 
115 STAT. 256 
PUBLIC LAW 107-44—SEPT. 28, 2001 
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 fiind 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 accoimt that provides appro-
priations to the Securities and Exchange Commission. 
PUBLIC LAW 107-44—SEPT. 28, 2001 
115 STAT. 257 
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-l(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-l(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. 
Approved September 28, 2001. 
LEGISLATIVE HISTORY—H.J. Res. 65: 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Sept. 24, considered and passed House. 
Sept. 25, considered and passed Senate.