Text: H.J.Res.122 — 107th Congress (2001-2002)All Information (Except Text)
Public Law No: 107-240 (10/11/2002)
[107th Congress Public Law 240]
[From the U.S. Government Printing Office]
THIRD CONTINUING APPROPRIATIONS, FISCAL YEAR 2003
[[Page 116 STAT. 1492]]
Public Law 107-240
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
``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-
``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
``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
``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:
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 10, considered and passed House and Senate.