IIA 
108TH CONGRESS 
2D SESSION 
H. J. RES. 107 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004 
Received 
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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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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Provided further, That the terms and conditions of H.R. 
5006 shall apply to funds made available under this sec-
tion. 
SEC. 115. Section 503(f) of the Small Business In-
vestment 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 applica-
ble to fiscal year 2005 by the provisions of this joint reso-
lution, shall not apply with respect to Pakistan through 
the date specified in section 107(c) of this joint resolution.
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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
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at the rate to maintain program levels under current law, 
under the authority and conditions provided in the appli-
cable appropriations Act for fiscal year 2004, to be contin-
ued 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 Supple-
mental Nutrition Program for Women, Infants and Chil-
dren (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 oper-
ations not to exceed $7,800,000: Provided, That such 
amounts may be apportioned to reflect the agency activi-
ties 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 Indi-
ans’’ shall be available for payments by the United States 
pursuant to the settlement of Seneca Nation of Indians 
v. State of New York.
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SEC. 130. Amounts available under this joint resolu-
tion 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 Hemo-
philia 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 nec-
essary 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;
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(2) striking ‘‘$1,318,000,000’’ and inserting 
‘‘$1,960,000,000’’ for justice, public safety infra-
structure, 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; 
(5) striking ‘‘$4,332,000,000’’ and inserting 
‘‘$2,361,000,000’’ for water resources and sanita-
tion; 
(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 Author-
ity’’ and inserting ‘‘United States Agency for 
International Development’’; and
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(B) striking ‘‘to fully pay for its’’ and in-
serting ‘‘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 Reconstruc-
tion Fund’’ may be made available for the purposes of 
such section 569. 
SEC. 136. During the portion of fiscal year 2005 cov-
ered by this joint resolution, the Corps of Engineers shall 
continue work on all uncompleted projects underway in fis-
cal year 2004, notwithstanding budget proposals to with-
hold 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. 
Passed the House of Representatives September 29, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.