108TH CONGRESS
2D SESSION
H. J. RES. 107
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,
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and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corpora-
tions, 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 ap-
propriations 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 author-
ity was made available in the following appropriations
Acts:
(1) The Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Ap-
propriations Act, 2004.
(2) The Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Ap-
propriations Act, 2004, notwithstanding section 15
of the State Department Basic Authorities Act of
1956, section 313 of the Foreign Relations Author-
ization Act, Fiscal Years 1994 and 1995 (Public
Law 103–236), and section 504(a)(1) of the Na-
tional Security Act of 1947 (50 U.S.C. 414(a)(1)).
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(3) The District of Columbia Appropriations
Act, 2004.
(4) The Energy and Water Development Appro-
priations 
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 Au-
thorities Act of 1956.
(6) The Department of Homeland Security Ap-
propriations 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 Agen-
cies Appropriations Act, 2004.
(9) The Legislative Branch Appropriations Act,
2004.
(10) The Military Construction Appropriations
Act, 2004.
(11) The Transportation, Treasury, and Inde-
pendent Agencies Appropriations Act, 2004.
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(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 supple-
mental 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 ap-
propriations, funds, or other authority were not available
during fiscal year 2004.
SEC. 105. Appropriations made and authority grant-
ed pursuant to this joint resolution shall cover all obliga-
tions 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
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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, appro-
priations 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 appli-
cable 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
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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 pro-
grams that had high initial rates of operation or complete
distribution of fiscal year 2004 appropriations at the be-
ginning of that fiscal year because of distributions of fund-
ing 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 per-
mitted in the joint 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 Ap-
propriations Act, 2004 (Public Law 108–199, division F),
and activities authorized under the heading ‘‘Treasury
Franchise Fund’’ in the Treasury Department Appropria-
tions Act, 1997 (Public Law 104–208, division A, section
101(f)), as amended by section 123 of the Treasury De-
partment Appropriations Act, 2003 (Public Law 108–7,
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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 quar-
terly reports required for fiscal year 2004 under sub-
section (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 Representa-
tives on September 9, 2004, or S. 2810, as reported by
the Committee on Appropriations of the Senate on Sep-
tember 15, 2004: Provided, That no funds shall be made
available for the SNS to the Department of Homeland Se-
curity 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:
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SEC. 118. Programs, activities, eligibility require-
ments, and advisory committees authorized under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
through fiscal year 2004, shall remain in effect through
the date specified in section 107(c) of this joint resolution.
SEC. 119. (a) Section 616(d) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations 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 resolu-
tion that are used to carry out section 616(d) of such Act,
a candidate country is a country that satisfies the require-
ments 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 activi-
ties under the heading, ‘‘District of Columbia Funds—Op-
erating 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: Pro-
vided, That section 2302 of the Emergency Wartime Sup-
plemental Appropriations Act, 2003 (Public Law 108–11)
shall be applied by substituting the date specified in sec-
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tion 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 fol-
lowing new subsection at the end:
‘‘(e)(1) The Panama Canal Commission and the Of-
fice 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 avail-
able to the Secretary of Transportation out of the High-
way Trust Fund (other than the Mass Transit Account)
at a rate for operations not exceeding the current rate and
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for which authority was made available under the Trans-
portation, Treasury, and Independent Agencies Appro-
priations Act, 2004:
(1) Federal Highway Administration, for pur-
poses described in 23 U.S.C. 104(a)(1)(A);
(2) Bureau of Transportation Statistics, in ac-
cordance with 49 U.S.C. 111;
(3) National Highway Traffic Safety Adminis-
tration, 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 Adminis-
tration, 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 Administra-
tion, 
for 
purposes 
described 
in 
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 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.
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(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 Fed-
eral Transit Administration, in accordance with the Fed-
eral Transit Administration’s programs authorized by
chapter 53 of title 49, United States Code, shall be avail-
able 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 Transpor-
tation, Treasury, and Independent Agencies Appropria-
tions 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 im-
provements, border enforcement operations, and section
210 of Public Law 106–159 shall be available to the Sec-
retary of Transportation out of the Highway Trust Fund
(other than the Mass Transit Account) at a rate not ex-
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ceeding the current rate and for which authority was made
available under the Transportation, Treasury, and Inde-
pendent Agencies Appropriations Act, 2004: Provided,
That funds authorized under this subsection shall be avail-
able 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 obli-
gations for Federal-aid highways and highway safety con-
struction programs.
(d) For purposes of the budget scoring guidance in
effect for the Congress and the Executive branch respec-
tively, 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 au-
thorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq, subject to
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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 Vet-
erans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2004, the Sec-
retary of Housing and Urban Development shall make
$14,610,000 from amounts appropriated under such head-
ing in fiscal year 2004 available for amendments to exist-
ing tenant-based 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 Con-
trol and Reclamation Act of 1977 (30 U.S.C. 1232(b))
shall be applied by substituting the date specified in sec-
tion 107(c) of this joint resolution for ‘‘September 30,
2004’’.
SEC. 126. For entitlements and other mandatory pay-
ments whose budget authority was provided in appropria-
tions Acts for fiscal year 2004, and for activities under
the Food Stamp Act of 1977, activities shall be continued