[Congressional Record Volume 147, Number 125 (Monday, September 24, 2001)]
[House]
[Pages H5959-H5961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CONTINUING APPROPRIATIONS, FISCAL YEAR 2002

  Mr. YOUNG of Florida. Mr. Speaker, pursuant to the order of the House 
of today, I call up the joint resolution (H.J. Res. 65) making 
continuing appropriations for the fiscal year 2002, and for other 
purposes, and ask for its immediate consideration.
  The Clerk read the title of the joint resolution.
  The text of House Joint Resolution 65 is as follows:

                              H.J. Res. 65

       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 
     appropriations Act for fiscal year 2001 for continuing

[[Page H5960]]

     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 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, 
     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));
       (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:

     Provided, That whenever the amount which would be made 
     available 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 operations, 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 
     operations 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 appropriation, 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 available under any of these 
     appropriations Act 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.
       (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 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 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 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 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 resolution shall 
be available until (a) enactment into law of an appropriation 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 authorization 
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.
  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.

[[Page H5961]]

       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 
     temporarily 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, Contributions 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 
     appropriations to the Securities and Exchange Commission.
       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) 
     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. Sec. 135a-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.

  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the gentleman from Florida (Mr. Young) and the gentleman from Wisconsin 
(Mr. Obey) each will control 30 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Young).
  Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Florida. Mr. Speaker, as the Speaker is well aware, all 
of the appropriations bills for 2002 have not been completed. The 
Senate has asked for a conference on the Energy and Water bill, the 
Interior bill, the Legislative bill, the VA-HUD bill; and we just a few 
minutes ago asked for a conference on the Commerce-Justice bill. We are 
prepared to go to conference on those bills, but we are not able to 
complete the conferences on those and the other bills remaining prior 
to the end of September, which is this weekend.
  And so this is a continuing resolution that would take the Government 
spending at the 2001 levels through October 16 of this year. We have 
the usual waivers that normally go with a CR. We do not add anything 
new to this CR. It is noncontroversial. I urge the House to move the CR 
so that we can get it behind us and move on to the balance of our 
regular 2002 bills.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of the continuing resolution brought to the floor 
by the distinguished gentleman from Florida. As he has indicated, we 
are about to go to conference on a wide variety of appropriations 
bills. We expect to finish most of those conferences in short order, 
but this resolution will allow us to do so in a more orderly fashion 
than was the case last year when we had a series of 1- and 2-day CRs. I 
think under the circumstances it is the proper thing to do.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. All time for debate has expired.
  The joint resolution is considered as having been read for amendment.
  Pursuant to the order of the House of today, the previous question is 
ordered.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.
  The SPEAKER pro tempore. The question is on the passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OBEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX, further 
proceedings on this question will be postponed.

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