[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 69 Received in Senate (RDS)]

  1st Session
H. J. RES. 69


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2003

                                Received

_______________________________________________________________________

                            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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.