Text: H.J.Res.122 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-240 (10/11/2002)

 
[107th Congress Public Law 240]
[From the U.S. Government Printing Office]


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[DOCID: f:publ240.107]


[[Page 1491]]

            THIRD CONTINUING APPROPRIATIONS, FISCAL YEAR 2003

[[Page 116 STAT. 1492]]

Public Law 107-240
107th Congress

                            Joint Resolution


 
 Making further continuing appropriations for the fiscal year 2003, and 
     for other purposes. <<NOTE: Oct. 11, 2002 -  [H.J. Res. 122]>> 

    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 the date specified in section 107(c) 
and <<NOTE: Ante, p. 1482.>> inserting ``October 18, 2002''.

    Sec. 2. Section 101(2) of Public Law <<NOTE: Ante, p. 1465.>> 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 <<NOTE: Ante, p. 1467.>> 107-229 
is amended by inserting before the colon at the end of the first proviso 
the following: ``: Provided further, <<NOTE: Effective date. 42 USC 
10601 and note.>> That section 3001 of the 21st Century Department of 
Justice Appropriations 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 enactment''.

    Sec. 4. Section 117 of Public Law <<NOTE: Ante, p. 1468.>> 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 establishment of the Government, 
shall be done at the Government Printing Office.
    ``(b) No funds appropriated under this joint resolution 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 President of the United States under section 
        1105 of title 31, United States Code.''.

    Sec. 5. Public Law <<NOTE: Ante, p. 1468.>> 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 appropriations 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

[[Page 116 STAT. 1493]]

levels under current law, under the authority and conditions provided in 
the applicable appropriations Act for fiscal year 2002, to be continued 
through the date specified in section 107(c): Provided, That 
notwithstanding section 107, funds shall be available 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) Salaries 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 specified in 
section 107(c): Provided, <<NOTE: Deadline.>> That the sums transferred 
under this section shall be reimbursed from the Immigration User Fee 
Account by not later than April 1, 2003.

    ``Sec. 123. Notwithstanding section 105(a)(2), in addition to 
amounts made available in section 101, and subject 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 
President shall be credited to GLA for purposes of administering the 
Victims Compensation Program.
    ``Sec. 124. Activities authorized by the Parole Commission and 
Reorganization Act, P.L. 94-233, as amended, 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 available 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 
Commission 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 resolution or any 
other Act may be used to implement any 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 congressional 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 principal 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

[[Page 116 STAT. 1494]]

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 Reform 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.
    ``Sec. 129. <<NOTE: Expiration date. 12 USC 635 
note.>> 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 specified in section 107(c).

    ``Sec. 130. <<NOTE: John F. Mink.>> 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 addition to 
amounts made available in section 101, and subject to sections 107(c) 
and 108, for purposes of calculating the rate of operations for the 
Transportation Security Administration (TSA) and the Federal Emergency 
Management 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. <<NOTE: Deadline. Reports.>> (a) Each specified 
department or agency shall, by December 6, 2002, submit directly to the 
Committees on Appropriations a report containing an evaluation of the 
effect on the specified management areas of operating through September 
30, 2003, under joint resolutions 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 Government, 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, competitive sourcing, improved financial performance, 
        expanded electronic government, and budget and performance 
        integration.

    ``Sec. 134. <<NOTE: Reports.>> (a) The Director of the Office of 
Management and Budget shall submit to the Committees on Appropriations a 
monthly report on all departmental and agency obligations made since the 
beginning of fiscal year 2003 while operating under joint resolutions 
making continuing appropriations for such fiscal year.

    ``(b) Each report required by subsection (a) shall set forth 
obligations by account, and shall contain a comparison 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

[[Page 116 STAT. 1495]]

after the expiration of the period covered by the final joint resolution 
making continuing appropriations for fiscal year 2003.
    ``(d)(1) <<NOTE: Records.>> Each report required by subsection (a) 
shall include a list of all executive branch accounts for which 
departments and agencies are operating under apportionments 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) <<NOTE: Deadline.>> By December 6, 2002, the Comptroller 
General shall submit to the Committees on Appropriations a report 
identifying executive branch accounts for which apportionments 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 resolution are hereby 
reduced, at an annual rate, by the amounts specified and in the accounts 
identified for one-time, non-recurring projects and activities in 
Attachment C of Office of Management and Budget Bulletin No. 02-06, 
Supplement No. 1, dated October 4, 2002.
    ``Sec. 136. Activities authorized for 2002 by sections 
1902(a)(10)(E)(iv) and 1933 of the Social Security Act, as amended, with 
respect to individuals described in section 1902(a)(10)(E)(iv)(I) of 
such Act may continue through 60 days after the date specified in 
section 107(c) of Public Law 107-229, as amended.
    ``Sec. 137. Notwithstanding any other provision of this joint 
resolution, except sections 107(c) and 108, during fiscal year 2003, the 
annual rate of operations for the Federal-aid highways program for 
fiscal year 2003 shall be $31,799,104,000: Provided, That total 
obligations for this program while operating under joint resolutions 
making continuing appropriations for fiscal year 2003 shall not exceed 
$27,700,000,000, unless otherwise specified in a subsequent 
appropriations Act. This section shall not affect the availability of 
unobligated balances carried forward into fiscal year 2003 that would 
otherwise be available for obligation.''.

    Approved October 11, 2002.

LEGISLATIVE HISTORY--H.J. Res. 122:
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CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 10, considered and passed House and Senate.

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