[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 1137

Public Law 108-309
108th Congress

Joint Resolution


 
Making continuing appropriations for the fiscal year 2005, and for other
purposes. NOTE: Sept. 30, 2004 -  [H.J. Res. 107]

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 2005, 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
2004 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 2004, 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, 2004.
(2) The Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004,
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, 2004.
(4) The Energy and Water Development Appropriations Act,
2004, 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, 2004, notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
(6) The Department of Homeland Security Appropriations Act,
2004.
(7) The Department of the Interior and Related Agencies
Appropriations Act, 2004.
(8) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2004.
(9) The Legislative Branch Appropriations Act, 2004.
(10) The Military Construction Appropriations Act, 2004.
(11) The Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004.

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118 STAT. 1138

(12) The Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
2004.

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 miscellaneous and supplemental appropriation laws
enacted during fiscal year 2004.
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 2004.
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. Activities authorized for 2004 by sections
1902(a)(10)(E)(iv) and 1933 of the Social Security Act shall continue
through the date specified in section 107(c) of this joint resolution:
Provided, That for purposes of the budget scoring guidance in effect for
the Congress and the Executive branch respectively, and 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 this section shall be
deemed to be direct spending.

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 activity, or (c) November 20, 2004, 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 2004
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 2005 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 1139]]
118 STAT. 1139

resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 112. Activities authorized by section 403(f) of Public Law 103-
356, as amended by section 632 of the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004 (Public Law 108-199,
division F), and activities authorized under the heading ``Treasury
Franchise Fund'' in the Treasury Department Appropriations Act, 1997
(Public Law 104-208, division A, section 101(f)), as amended by section
123 of the Treasury Department Appropriations Act, 2003 (Public Law 108-
7, division J), may continue through the date specified in section
107(c) of this joint resolution.
Sec. 113. The authority provided by section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723) shall continue in effect through the
date specified in section 107(c) of this joint resolution:
Provided, NOTE: Reports. That such authority shall not be available
until after the date on which the Secretary of Defense submits all of
the quarterly reports required for fiscal year 2004 under subsection (d)
of such section 2808.

Sec. 114. Notwithstanding any other provision of this joint
resolution, except sections 107 and 108, amounts are made available for
the Strategic National Stockpile (``SNS'') at a rate for operations not
exceeding the lower of the amount which would be made available under
H.R. 5006, as passed by the House of Representatives on September 9,
2004, or S. 2810, as reported by the Committee on Appropriations of the
Senate on September 15, 2004: Provided, That no funds shall be made
available for the SNS to the Department of Homeland Security under this
joint resolution: Provided further, That amounts made available to the
Department of Homeland Security under this joint resolution are reduced
by the amount otherwise attributable to funding
for NOTE: Applicability. the SNS: Provided further, That the terms
and conditions of H.R. 5006 shall apply to funds made available under
this section.

Sec. 115. 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, 2004''.

Sec. 116. The authorities provided by sections 344, 1023, and 1306
of Public Law 108-136, sections 1318 and 1319 of Public Law 108-11, and
section 302j(a) of title 37, United States Code, shall continue in
effect through the date specified in section 107(c) of this joint
resolution or the date of enactment into law of a defense authorization
Act for fiscal year 2005, whichever is earlier.
Sec. 117. NOTE: Applicability. Section 6 of Public Law 107-57,
as amended by section 2213 of Public Law 108-106, shall be applied by
substituting the date specified in section 107(c) of this joint
resolution for ``October 1, 2004'', and sections 508 and 512 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (Public Law 108-199, division D), as made
applicable to fiscal year 2005 by the provisions of this joint
resolution, shall not apply with respect to Pakistan through the date
specified in section 107(c) of this joint resolution.

Sec. 118. Programs, activities, eligibility requirements, and
advisory committees authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) through fiscal year 2004, shall

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118 STAT. 1140

remain in effect through the date specified in section 107(c) of this
joint resolution.
Sec. 119. (a) NOTE: Applicability. Section 616(d) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2004 (Public Law 108-199, division D) shall apply to funds made
available by this joint resolution pursuant to section 619(a) of such
Act: Provided, That for purposes of funds made available by this joint
resolution that are used to carry out section 616(d) of such Act, a
candidate country is a country that satisfies the requirements of
subparagraphs (A) and (B) of section 606(a)(2) of such Act.

Sec. 120. Notwithstanding any other provision of this joint
resolution, except section 107, 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. 4850 of the 108th
Congress, as passed by the House of Representatives:
Provided, NOTE: Applicability. That section 2302 of the Emergency
Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11) shall
be applied by substituting the date specified in section 107(c) of this
joint resolution for ``September 30, 2004''.

Sec. 121. Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended by adding the following new subsection at the end:

``(e)(1) NOTE: Termination date. Government organization. The
Panama Canal Commission and the Office of Transition Administration
(described in section 3504 of Public Law 106-65) shall terminate on
October 1, 2004.

``(2) Upon termination pursuant to paragraph (1), the Panama Canal
Revolving Fund shall be transferred to the General Services
Administration (GSA). GSA shall use the amounts in the Fund to make
payments of any outstanding liabilities of the Commission, as well as
any expenses associated with the termination of the Office of Transition
Administration and the Commission. The fund shall be the exclusive
source available for payment of any outstanding liabilities of the
Commission.''.
Sec. 122. (a) 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 following operating administrations
shall be available to the Secretary of Transportation out of the Highway
Trust Fund (other than the Mass Transit Account) at a rate for
operations not exceeding the current rate and for which authority was
made available under the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004:
(1) Federal Highway Administration, for purposes described
in 23 U.S.C. 104(a)(1)(A);
(2) Bureau of Transportation Statistics, in accordance with
49 U.S.C. 111;
(3) National Highway Traffic Safety Administration, in
accordance with chapter 301 of title 49, United States Code, and
part C of subtitle VI of title 49, United States Code;
(4) 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; and
(5) Federal Motor Carrier Safety Administration, for
purposes described in 23 U.S.C. 104(a)(1)(B):

Provided, That funds authorized under this subsection shall be available
for obligation in the same manner as if the funds were

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118 STAT. 1141

apportioned under chapter 1 of title 23, United States Code: Provided
further, That paragraphs (1), (2), and (3) of this subsection shall be
subject to any limitation on obligations for Federal-aid highways and
highway safety construction programs.
(b) 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 be available to the
Secretary of Transportation out of the Mass Transit Account of the
Highway Trust Fund at a rate for operations not exceeding the current
rate and for which authority was made available under the
Transportation, Treasury, and Independent Agencies Appropriations Act,
2004: Provided, That funds authorized under this subsection shall be
available for obligation in the same manner provided under section
5338(g) of title 49, United States Code.
(c) Notwithstanding any other provision of law or of this joint
resolution, except section 107, such amounts as may be necessary for the
Federal Motor Carrier Safety Administration to make grants to and enter
into contracts with States for personnel costs for implementation of 49
U.S.C. 31102, commercial driver's license program improvements, border
enforcement operations, and section 210 of Public Law 106-159 shall be
available to the Secretary of Transportation out of the Highway Trust
Fund (other than the Mass Transit Account) at a rate not exceeding the
current rate and for which authority was made available under the
Transportation, Treasury, and Independent Agencies Appropriations Act,
2004: Provided, That funds authorized under this subsection 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.
(d) For purposes of the budget scoring guidance in effect for the
Congress and the Executive branch respectively, and 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 subsections (a), (b), and
(c) with regard to contract authority shall be deemed to be direct
spending.
(e) Notwithstanding any other provision of law, amounts shall
continue to be appropriated or credited to the Highway Trust Fund after
the date of any expenditure pursuant to this joint resolution.
Sec. 123. Notwithstanding any other provision of law, the Overseas
Private Investment Corporation is authorized to undertake any program
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq,
subject to the regular notification procedures of the Committees on
Appropriations, through the date specified in section 107(c) of this
joint resolution.
Sec. 124. NOTE: Contracts. Notwithstanding any other provision
of this joint resolution, and notwithstanding the language in
the paragraph under the heading ``Housing for Persons With
Disabilities'' in title II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004, the Secretary of Housing and Urban Development shall make
$14,610,000 from amounts appropriated under such heading in fiscal year
2004 available for amendments to existing tenant-based

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118 STAT. 1142

assistance contracts entered into prior to fiscal year 2004 pursuant to
section 811 of the Cranston-Gonzalez National Affordable Housing Act
(with only one amendment authorized for any such contract).

Sec. 125. NOTE: Applicability. Section 402(b) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) shall be
applied by substituting the date specified in section 107(c) of this
joint resolution for ``September 30, 2004''.

Sec. 126. For entitlements and other mandatory payments whose budget
authority was provided in appropriations Acts for fiscal year 2004, 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 2004, 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, 2004, may continue to be made.
Sec. 127. Notwithstanding section 101 of this joint resolution,
amounts are provided for ``Special Supplemental Nutrition Program for
Women, Infants and Children (WIC),'' at a rate for operations not to
exceed $5,087,000,000.
Sec. 128. Notwithstanding section 101 of this joint resolution,
amounts are provided for ``Election Assistance Commission--Salaries and
Expenses'', at a rate for operations not to exceed $7,800,000: Provided,
That such amounts may be apportioned to reflect the agency activities
associated with a Federal election.
Sec. 129. Funds available under this joint resolution for ``Bureau
of Indian Affairs--Indian Land and Water Claims Settlements and
Miscellaneous Payments to Indians'' shall be available for payments by
the United States pursuant to the settlement of Seneca Nation of Indians
v. State of New York.
Sec. 130. Amounts available under this joint resolution to carry out
subtitle D of title XXXVI of Public Law 106-398 shall be deemed to
include transfers of funds from other accounts made during fiscal year
2004 to carry out the purposes of the subtitle and the amounts available
under this joint resolution for the accounts from which funds were
transferred shall be adjusted for the transfer.
Sec. 131. For the purposes of the Ricky Ray Hemophilia Relief Fund
Act of 1998 (Public Law 105-369), the term ``expended'' in section
101(d) of such Act and the term ``payment'' in section 103 of such Act
shall mean ``delivered orders-obligations unpaid'' as defined in the
United States Standard General Ledger Accounts and Definitions.
Sec. 132. Notwithstanding any other provision of this joint
resolution, except section 108, for expenses necessary to carry out the
Presidential Transition Act of 1963, $2,500,000.
Sec. 133. Title II of Public Law 108-106 is amended under the
heading ``Iraq Relief and NOTE: 117 Stat. 1225. Reconstruction
Fund'' by--
(1) striking ``$3,243,000,000'' and inserting
``$5,090,000,000'' for security and law enforcement;
(2) striking ``$1,318,000,000'' and inserting
``$1,960,000,000'' for justice, public safety infrastructure,
and civil society;
(3) striking ``$5,560,000,000'' and inserting
``$4,455,000,000'' for the electric sector;
(4) striking ``$1,890,000,000'' and inserting
``$1,723,000,000'' for oil infrastructure;

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118 STAT. 1143

(5) striking ``$4,332,000,000'' and inserting
``$2,361,000,000'' for water resources and sanitation;
(6) striking ``$153,000,000'' and inserting ``$845,000,000''
for private sector development; and
(7) striking ``$280,000,000'' and inserting ``$342,000,000''
for education, refugees, human rights and governance.

Sec. 134. Title II of Public Law 108-106 is amended under the
heading ``Iraq Relief and Reconstruction NOTE: 117 Stat.
1225. Fund''--
(1) in the sixth proviso, by striking ``$29,000,000'' and
inserting ``$119,000,000''; and
(2) in the seventh proviso by--
(A) striking ``Coalition Provisional Authority'' and
inserting ``United States Agency for International
Development''; and
(B) striking ``to fully pay for its'' and inserting
``for''.

Sec. 135. NOTE: Enactment by reference. 22 USC 2151
note. Sections 569 and 574 of H.R. 4818, as passed by the House of
Representatives on July 15, 2004, are hereby enacted into law: Provided,
That not to exceed $360,000,000 of the funds made available by Public
Law 108-106 under the heading ``Iraq Relief and Reconstruction Fund''
may be made available for the purposes of such section 569.

Sec. 136. During the portion of fiscal year 2005 covered by this
joint resolution, the Corps of Engineers shall continue work on all
uncompleted projects underway in fiscal year 2004, notwithstanding
budget proposals to withhold funding for shore protection and certain
construction projects, and shall not divert funds into any reserve fund
not specifically authorized by an Act of Congress.

Approved September 30, 2004.

LEGISLATIVE HISTORY--H.J. Res. 107:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 29, considered and passed House and Senate.