Text: H.J.Res.69 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-84 (09/30/2003)

 
[108th Congress Public Law 84]
[From the U.S. Government Printing Office]


[DOCID: f:publ084.108]

[[Page 1041]]

               CONTINUING APPROPRIATIONS, FISCAL YEAR 2004

[[Page 117 STAT. 1042]]

Public Law 108-84
108th Congress

                            Joint Resolution


 
Making continuing appropriations for the fiscal year 2004, and for other 
          purposes. <<NOTE: Sept. 30, 2003 -  [H.J. Res. 69]>> 

    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 2004, 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 
2003 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 2003, 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, 2003.
            (2) The Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 2003, 
        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 District of Columbia Appropriations Act, 2003.
            (4) The Energy and Water Development Appropriations Act, 
        2003, notwithstanding section 504(a)(1) of the National Security 
        Act of 1947 (50 U.S.C. 414(a)(1)).
            (5) The Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 2003, notwithstanding section 10 of 
        Public Law 91-672 and section 15 of the State Department Basic 
        Authorities Act of 1956.
            (6) The Department of the Interior and Related Agencies 
        Appropriations Act, 2003.
            (7) The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 2003.
            (8) The Military Construction Appropriations Act, 2003.
            (9) The Department of Transportation and Related Agencies 
        Appropriations Act, 2003.
            (10) The Treasury and General Government Appropriations Act, 
        2003.

[[Page 117 STAT. 1043]]

            (11) The Departments of Veterans Affairs and Housing and 
        Urban Development, and Independent Agencies Appropriations Act, 
        2003.

    Sec. 102. 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. 103. The appropriations Acts listed in section 101 shall be 
deemed to include supplemental appropriation laws enacted during fiscal 
year 2003.
    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 2003.
    Sec. 105. 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. 106. (a) The matter under the heading ``Department of 
Education--Education for the Disadvantaged'' in division G of Public Law 
108-7 <<NOTE: Ante, p. 326.>> is amended--
            (1) by striking ``$4,651,199,000'' and inserting 
        ``$6,895,199,000''; and
            (2) by striking ``$9,027,301,000'' and inserting 
        ``$6,783,301,000''.

    (b) <<NOTE: Effective date.>> The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act.

    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, or (b) the enactment into law of the applicable 
appropriations Act by both Houses without any provision for such project 
or activ- ity, or (c) October 31, 2003, 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 2003 
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 2004 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

[[Page 117 STAT. 1044]]

resolution shall be taken in order to provide for continuation of 
projects and activities.
    Sec. 112. For entitlements and other mandatory payments whose budget 
authority was provided in appropriations Acts for fiscal year 2003, and 
for activities under the Food Stamp Act of 1977, activities shall be 
continued at the rate to maintain program levels under current law, 
under the authority and conditions provided in the applicable 
appropriations Act for fiscal year 2003, 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, 2003, may continue to be made.
    Sec. 113. <<NOTE: Applicability.3Ante, p. 570.>> Section 1316(c) of 
Public Law 108-11 shall be applied by substituting the date specified in 
section 107(c) of this joint resolution for ``September 30, 2003'' each 
place it appears.

    Sec. 114. 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 (Public Law 104-208), as amended by 
section 120 of the Treasury Department Appropriations Act, 2001 (Public 
Law 106-554), may continue through the date specified in section 107(c) 
of this joint resolution.
    Sec. 115. Notwithstanding section 235(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of 
subsections (a) through (c) of section 234 of such Act, shall remain in 
effect through the date specified in section 107(c) of this joint 
resolution.
    Sec. 116. <<NOTE: Applicability.>> Section 503(f) of the Small 
Business Investment Act of 1958 (15 U.S.C. 697(f)) shall be applied by 
substituting the date specified in section 107(c) of this joint 
resolution for ``October 1, 2003''.

    Sec. 117. Section 303(g)(2) of the Small Business Investment Act of 
1958 (15 U.S.C. 683(g)(2)) is amended by striking ``1.38 percent'' in 
the last sentence and inserting ``1.46 percent''.
    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. The full amount provided under this joint resolution for 
necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), section 
118(f) of the Superfund Amendments and Reauthorization Act of 1986, and 
section 3019 of the Solid Waste Disposal Act, shall be derived from the 
general fund.
    Sec. 120. National Aeronautics and Space Administration is 
authorized to implement full cost accounting as of October 1, 2003, in 
the account structure that is consistent with the President's request 
for fiscal year 2004.
    Sec. 121. Notwithstanding any other provision of this joint 
resolution, except section 107(c), the limitation on new loan guarantee 
commitments of the Federal Housing Administration, General and Special 
Risk Insurance Fund, shall be $3,800,000,000 for the period of 
applicability of this joint resolution to continue projects

[[Page 117 STAT. 1045]]

and activities under that account: Provided, <<NOTE: Reports.>> That the 
Secretary of Housing and Urban Development shall submit daily reports to 
the Committees on Appropriations of the House of Representatives and the 
Senate on the total amount of new loan guarantee commitments issued 
during the period of applicability of this joint resolution.

    Sec. 122. For the period covered by this joint resolution, there 
shall be available, at the current rate of operations for fiscal year 
2003, such funds as may be necessary for grants and necessary expenses 
as provided for, in accordance with, and subject to the requirements set 
forth in the Compacts of Free Association, as amended, and their related 
agreements, (sections 211, 212, 213, 214, 215, and 217) as between the 
Government of the United States of America and the Government of the 
Republic of the Marshall Islands (signed April 30, 2003), and (sections 
211, 212, 213, 214, and 216) as between the Government of the United 
States of America and the Federated States of Micronesia (signed May 14, 
2003); to remain available until expended: Provided, That if H.J. Res. 
63 of the 108th Congress, or similar legislation to approve the Compacts 
of Free Association, is enacted, any funding made available in this 
appropriation shall be considered to have been made available and 
expended for the purposes of funding for fiscal year 2004 as provided 
for in such enacted legislation.
    Sec. 123. From amounts available to the Bureau of Indian Affairs 
under this joint resolution, $123,500 shall be available to satisfy the 
requirements specified in sections 10(f), 11(b)(2), and 11(c) of Public 
Law 106-263.
    Sec. 124. Notwithstanding any other provision of this joint 
resolution, except section 107(c), the District of Columbia may expend 
local funds for programs and activities under the heading ``District of 
Columbia Funds-Operating Expenses'' at the rate set forth for such 
programs and activities under title II of H.R. 2765, 108th Congress, as 
passed by the House of Representatives.
    Sec. 125. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, amounts provided in this joint 
resolution and in prior Appropriations Acts from the Airport and Airway 
Trust Fund shall be available for fiscal year 2004, at a rate for 
operations not exceeding the current rate and for which authority was 
made available under the Department of Transportation and Related 
Agencies Appropriations Act, 2003, for expenditures to meet obligations, 
heretofore and hereafter incurred, as paid from the Airport and Airway 
Trust fund in fiscal year 2003.
    Sec. 126. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, such amounts as may be necessary 
for administrative expenses of the Federal Highway Administration, for 
purposes described in 23 U.S.C. 104(a)(1)(A), shall continue to be 
transferred and credited to the Highway Trust Fund (other than the Mass 
Transit Account), to be available to the Secretary of Transportation, at 
a rate for operations not exceeding the current rate and for which 
authority was made available under the Department of Transportation and 
Related Agencies Appropriations Act, 2003: Provided, That funds 
authorized under this section shall be available for obligation in the 
same manner as if the funds were apportioned under chapter 1 of title 
23, United States Code, and shall be subject to any limitation on 
obligations for Federal-aid highways and highway safety construction 
programs.

[[Page 117 STAT. 1046]]

    Sec. 127. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, such amounts as may be necessary 
for administrative expenses of the Bureau of Transportation Statistics, 
in accordance with 49 U.S.C. 111, shall continue to be transferred and 
credited to the Highway Trust Fund (other than the Mass Transit 
Account), to be available to the Secretary of Transportation, at a rate 
for operations not exceeding the current rate and for which authority 
was made available under the Department of Transportation and Related 
Agencies Appropriations Act, 2003: Provided, That funds authorized under 
this section shall be available for obligation in the same manner as if 
the funds were apportioned under chapter 1 of title 23, United States 
Code, and shall be subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
    Sec. 128. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, such amounts as may be necessary 
for administrative expenses of the Federal Transit Administration, in 
accordance with the Federal Transit Administration's programs authorized 
by chapter 53 of title 49, United States Code, shall continue to be 
transferred and credited to the Mass Transit Account of the Highway 
Trust Fund, to be available to the Secretary of Transportation, at a 
rate for operations not exceeding the current rate and for which 
authority was made available under the Department of Transportation and 
Related Agencies Appropriations Act, 2003: Provided, That funds 
authorized under this section shall be available for obligation in the 
same manner provided under section 5338(g) of title 49, United States 
Code.
    Sec. 129. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, such amounts as may be necessary 
for administrative expenses of the National Highway Traffic Safety 
Administration, in accordance with 23 U.S.C. 402, 403, 405, 410 and 
chapter 303 of title 49, United States Code, shall continue to be 
transferred and credited to the Highway Trust Fund (other than the Mass 
Transit Account), to be available to the Secretary of Transportation, at 
a rate for operations not exceed- ing the current rate and for which 
authority was made available under the Department of Transportation and 
Related Agencies Ap- propriations Act, 2003: Provided, That funds 
authorized under this section shall be available for obligation in the 
same manner as if the funds were apportioned under chapter 1 of title 
23, United States Code.
    Sec. 130. Notwithstanding any other provision of law or of this 
joint resolution, except section 107, such amounts as may be necessary 
for administrative expenses of the Federal Motor Carrier Safety 
Administration, for purposes described in 23 U.S.C. 104(a)(1)(B), shall 
continue to be transferred and credited to the Highway Trust Fund (other 
than the Mass Transit Account), to be available to the Secretary of 
Transportation, at a rate for operations not exceeding the current rate 
and for which authority was made available under the Department of 
Transportation and Related Agencies Appropriations Act, 2003: Provided, 
That funds authorized under this section shall be available for 
obligation in the same manner as if the funds were apportioned under 
chapter 1 of title 23, United States Code.
    Sec. 131. Notwithstanding any other provision of law, amounts shall 
continue to be appropriated or credited to the Airport and

[[Page 117 STAT. 1047]]

Airway Trust Fund and the Highway Trust Fund after the date of any 
expenditure pursuant to this Act.
    Sec. 132. 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 
sections 125 through 130, and section 134, of this joint resolution that 
would change 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 the House and Senate Budget Committees, as 
appropriate, under the Congressional Budget Act of 1974.
    Sec. 133. Notwithstanding any other provision of this joint 
resolution, during fiscal year 2004, direct loans under section 23 of 
the Arms Export Control Act may be made available for the Czech 
Republic, gross obligations for the principal amounts of which shall not 
exceed $550,000,000: Provided, <<NOTE: Loans.>> That such loans shall be 
repaid in not more than twelve years, including a grace period of up to 
five years on repayment of principal: Provided further, That no funds 
are available for the subsidy costs for these loans: Provided 
further, <<NOTE: Czech Republic.>> That the Government of the Czech 
Republic shall pay the full cost, as defined in section 502 of the 
Federal Credit Reform Act of 1990, associated with these loans, 
including the cost of any defaults: Provided further, That any fees 
associated with these loans shall be paid by the Government of the Czech 
Republic prior to any disbursement of any loan proceeds: Provided 
further, That no funds made available to the Czech Republic under this 
joint resolution or any other Act may be used for payment of any fees 
associated with these loans.

    Sec. 134. The following provisions of law shall continue in effect 
through the date specified in section 107(c) of this joint resolution:
            (1) Sections 9(b)(7), 14(a), 17(a)(2)(B)(i), and 18(f)(2) of 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1758(b)(7), 1762a(a), 1766(a)(2)(B)(i), and 1769(f)(2)).
            (2) Section 15 of the Commodity Distribution Reform Act and 
        WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237).

[[Page 117 STAT. 1048]]

    Sec. 135. Section 8144(b) of the Department of Defense 
Appropriations Act, 2003, Public Law 107-248, <<NOTE: 22 USC 5952 
note.>> is amended by striking ``on September 30, 2003'' and inserting 
``October 31, 2003''.

    Approved September 30, 2003.

LEGISLATIVE HISTORY--H.J. Res. 69:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
            Sept. 25, considered and passed House and Senate.

                                  <all>