[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:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 149 (2003):
Sept. 25, considered and passed House and Senate.
<all>