Pub.L. 107-230 To provide a temporary waiver from certain transportation conformity ...

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[[Page 116 STAT. 1465]]

Public Law 107-229
107th Congress

                            Joint Resolution


 
Making continuing appropriations for the fiscal year 2003, and for other 
         purposes. <<NOTE: Sept. 30, 2002 -  [H.J. Res. 111]>> 

    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 2003, and for other purposes, namely:
    Sec. 101. Such amounts as may be necessary under the authority and 
conditions provided in the applicable appropriations Act for fiscal year 
2002 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 2002, 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 Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2002;
            (2) the Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 2002, 
        notwithstanding section 15 of the State Department Basic 
        Authorities Act of 1956, section 313 of the Foreign Relations 
        Authorization 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));
            (3) the Department of Defense Appropriations Act, 2002, 
        notwithstanding section 504(a)(1) of the National Security Act 
        of 1947 (50 U.S.C. 414(a)(1));
            (4) the District of Columbia Appropriations Act, 2002;
            (5) the Energy and Water Development Appropriations Act, 
        2002, notwithstanding section 504(a)(1) of the National Security 
        Act of 1947 (50 U.S.C. 414(a)(1));
            (6) 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;
            (7) the Department of the Interior and Related Agencies 
        Appropriations Act, 2002;
            (8) the Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 2002;
            (9) the Legislative Branch Appropriations Act, 2002;
            (10) the Military Construction Appropriations Act, 2002;

[[Page 116 STAT. 1466]]

            (11) the Department of Transportation and Related Agencies 
        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 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 element within an appropriation account, for 
which appropriations, 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 
utilizing 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 supplemental 
        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 
        appropriated 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. <<NOTE:  Expiration date.>> 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 resolution shall be available until (a) enactment into law 
of an appropriation for any project or activity provided for in this 
joint resolution,

[[Page 116 STAT. 1467]]

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 authorization 
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 notwithstanding 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 Management 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 appropriations 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

[[Page 116 STAT. 1468]]

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 available 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.

    Approved September 30, 2002.

LEGISLATIVE HISTORY--H.J. Res. 111:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 26, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Sept. 30, Presidential statement.

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