Making continuing appropriations for the fiscal year 2004, and for other purposes.
PL 108-84 (H.J.Res.69), enacted 09/30/2003

117 STAT. 1042
PUBLIC LAW 108–84—SEPT. 30, 2003
Public Law 108–84
108th Congress
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 specifi-
cally 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, not-
withstanding section 15 of the State Department Basic Authori-
ties Act of 1956, section 313 of the Foreign Relations Authoriza-
tion 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.
Sept. 30, 2003
[H.J. Res. 69]
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117 STAT. 1043
PUBLIC LAW 108–84—SEPT. 30, 2003
(11) The Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropria-
tions 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 resolu-
tion shall be available until (a) enactment into law of an appropria-
tion 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 authoriza-
tion 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
Expiration date.
Effective date.
Ante, p. 326.
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117 STAT. 1044
PUBLIC LAW 108–84—SEPT. 30, 2003
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 pro-
gram 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): Pro-
vided, 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 Environ-
mental 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 guar-
antee 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
Applicability.
Applicability.
Ante, p. 570.
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117 STAT. 1045
PUBLIC LAW 108–84—SEPT. 30, 2003
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 Representa-
tives 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 avail-
able 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.
Reports.
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117 STAT. 1046
PUBLIC LAW 108–84—SEPT. 30, 2003
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 Transpor-
tation 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 Depart-
ment 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 Administra-
tion’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 avail-
able 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 Car-
rier 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 oper-
ations 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
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117 STAT. 1047
PUBLIC LAW 108–84—SEPT. 30, 2003
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 com-
mittee 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 appropria-
tions 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).
Czech Republic.
Loans.
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117 STAT. 1048
PUBLIC LAW 108–84—SEPT. 30, 2003
LEGISLATIVE HISTORY—H.J. Res. 69:
CONGRESSIONAL RECORD, Vol. 149 (2003):
Sept. 25, considered and passed House and Senate.
SEC. 135. Section 8144(b) of the Department of Defense Appro-
priations Act, 2003, Public Law 107–248, is amended by striking
‘‘on September 30, 2003’’ and inserting ‘‘October 31, 2003’’.
Approved September 30, 2003.
22 USC 5952
note.
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