[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 69 Engrossed in House (EH)]
108th CONGRESS
1st Session
H. J. RES. 69
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 2004, and for
other purposes.
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.
(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 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) The amendments made by subsection (a) shall take effect on the
date of the enactment of this Act.
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 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
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. 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. 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 and
activities under that account: Provided, 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.
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 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. 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 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, 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, 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).
Sec. 135. Section 8144(b) of the Department of Defense
Appropriations Act, 2003, Public Law 107-248, is amended by striking
``on September 30, 2003'' and inserting ``October 31, 2003''.
Passed the House of Representatives September 25, 2003.
Attest:
Clerk.
108th CONGRESS
1st Session
H. J. RES. 69
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 2004, and for
other purposes.