Making continuing appropriations for the fiscal year 2005, and for other purposes.
PL 108-309 (H.J.Res.107), enacted 09/30/2004

118 STAT. 1137
PUBLIC LAW 108–309—SEPT. 30, 2004
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 specifi-
cally 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, 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, 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 Agen-
cies Appropriations Act, 2004.
Sept. 30, 2004
[H.J. Res. 107]
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118 STAT. 1138
PUBLIC LAW 108–309—SEPT. 30, 2004
(12) The Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropria-
tions 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 con-
ference 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 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
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 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
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.
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118 STAT. 1139
PUBLIC LAW 108–309—SEPT. 30, 2004
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 con-
tinue 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 avail-
able 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 Depart-
ment of Homeland Security under this joint resolution: Provided
further, That amounts made available to the Department of Home-
land 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 Oper-
ations, 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.
Applicability.
Applicability.
Reports.
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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 Supple-
mental 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 Transi-
tion 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 out-
standing 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 Transpor-
tation, 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 pur-
poses 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.
Applicability.
Applicability.
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118 STAT. 1141
PUBLIC LAW 108–309—SEPT. 30, 2004
apportioned under chapter 1 of title 23, United States Code: Pro-
vided 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 Transpor-
tation, 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 notwith-
standing 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 sub-
sections (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 under-
take 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.
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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 Hous-
ing 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 resolu-
tion 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 pro-
gram 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): Pro-
vided, 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—Sala-
ries 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 Settle-
ments 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.
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118 STAT. 1143
PUBLIC LAW 108–309—SEPT. 30, 2004
LEGISLATIVE HISTORY—H.J. Res. 107:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 29, considered and passed House and Senate.
(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 Develop-
ment’’; 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, notwith-
standing 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.
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