PUBLIC LAW 108–309—SEPT. 30, 2004 118 STAT. 1137

Public Law 108–309

108th Congress

Joint Resolution

Making continuing appropriations for the fiscal year 2005, 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 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.

Sept. 30, 2004

[H.J. Res. 107]

118 STAT. 1138 PUBLIC LAW 108–309—SEPT. 30, 2004

(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. 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

Expiration date.

PUBLIC LAW 108–309—SEPT. 30, 2004 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, 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 the SNS: Provided further,

That the terms and conditions of H.R. 5006 shall apply to funds

made available under this section.

SEC. 115. 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. 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

Applicability.

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Reports.

118 STAT. 1140 PUBLIC LAW 108–309—SEPT. 30, 2004

remain in effect through the date specified in section 107(c) of

this joint resolution.

SEC. 119. (a) 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, 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) 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

Termination

date.

Government

organization.

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PUBLIC LAW 108–309—SEPT. 30, 2004 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 Federalaid 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. 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

Contracts.

118 STAT. 1142 PUBLIC LAW 108–309—SEPT. 30, 2004

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. 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 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;

117 Stat. 1225.

Applicability.

PUBLIC LAW 108–309—SEPT. 30, 2004 118 STAT. 1143

LEGISLATIVE HISTORY—H.J. Res. 107:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 29, considered and passed House and Senate.

Æ

(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 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. 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.

Enactment by

reference.

22 USC 2151

note.

117 Stat. 1225.