[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2037

Public Law 109-77
109th Congress

Joint Resolution


 
Making continuing appropriations for the fiscal year 2006, and for other
purposes.  NOTE: Sept. 30, 2005 -  [H.J. Res. 68]

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 2006, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for fiscal
year 2005 for continuing projects or activities (including the costs of
direct loans and loan guarantees) that are not otherwise specifically
provided for in this joint resolution, that were conducted in fiscal
year 2005, and for which appropriations, funds, or other authority would
be available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006.
(2) The Department of Defense Appropriations Act, 2006.
(3) The Energy and Water Development Appropriations Act,
2006.
(4) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (in the House of
Representatives), or the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2006 (in
the Senate).
(5) The Department of Homeland Security Appropriations Act,
2006.
(6) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2006.
(7) The Military Quality of Life and Veterans Affairs
Appropriations Act, 2006 (in the House of Representatives), or
the Military Construction and Veterans Affairs, and Related
Agencies Appropriations Act, 2006 (in the Senate).
(8) The Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (in the House of
Representatives), or the Departments of Commerce and Justice,
Science, and Related Agencies Appropriations Act, 2006 (in the
Senate).
(9) The Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (in the House of
Representatives), or the Transportation, Treasury, the

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119 STAT. 2038

Judiciary, Housing and Urban Development, and Related Agencies
Appropriations Act, 2006 (in the Senate) and the District of
Columbia Appropriations Act, 2006 (in the Senate).

(b) Whenever the amount that would be made available or the
authority that would be granted for a project or activity under an Act
listed in subsection (a) as passed by the House of Representatives as of
October 1, 2005, is the same as the amount or authority that would be
available or granted under the same or other pertinent Act as passed by
the Senate as of October 1, 2005--
(1) the project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate permitted
by the actions of the House and the Senate, whichever is lower,
and under the authority and conditions provided in applicable
appropriations Acts for fiscal year 2005; or
(2) if no amount or authority is made available or granted
for the project or activity by the actions of the House and the
Senate, the project or activity shall not be continued.

(c) Whenever the amount that would be made available or the
authority that would be granted for a project or activity under an Act
listed in subsection (a) as passed by the House of Representatives as of
October 1, 2005, is different from the amount or authority that would be
available or granted under the same or other pertinent Act as passed by
the Senate as of October 1, 2005--
(1) the project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate permitted
by the action of the House or the Senate, whichever is lowest,
and under the authority and conditions provided in applicable
appropriations Acts for fiscal year 2005; or
(2) if the project or activity is included in the pertinent
Act of only one of the Houses, the project or activity shall be
continued under the appropriation, fund, or authority granted by
the one House, but at a rate for operations not exceeding the
current rate or the rate permitted by the action of the one
House, whichever is lower, and under the authority and
conditions provided in applicable appropriations Acts for fiscal
year 2005.

(d) Whenever the pertinent Act covering a project or activity has
been passed by only the House of Representatives as of October 1, 2005--
(1) the project or activity shall be continued under the
appropriation, fund, or authority granted by the House, at a
rate for operations not exceeding the current rate or the rate
permitted by the action of the House, whichever is lower, and
under the authority and conditions provided in applicable
appropriations Acts for fiscal year 2005; or
(2) if the project or activity is funded in applicable
appropriations Acts for fiscal year 2005 and not included in the
pertinent Act of the House as of October 1, 2005, the project or
activity shall be continued under the appropriation, fund, or
authority granted by applicable appropriations Acts for fiscal
year 2005 at a rate for operations not exceeding the current
rate and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2005.

Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2005 or prior years; (2) the

[[Page 2039]]
119 STAT. 2039

increase in production rates above those sustained with fiscal year 2005
funds; or (3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and subprogram
within a program element, and for any investment items defined as a P-1
line item in a budget activity within an appropriation account and an R-
1 line item that includes a program element and subprogram element
within an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2005.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically appropriated
later.
(c) Notwithstanding this section, the Secretary of Defense may,
following notification of the congressional defense committees, initiate
projects or activities required to be undertaken for force protection
purposes using funds made available from the Iraq Freedom Fund.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
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 2005.
Sec. 105. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
Sec. 106.  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 whichever of the
following first occurs: (1) the enactment into law of an appropriation
for any project or activity provided for in this joint resolution; (2)
the enactment into law of the applicable appropriations Act by both
Houses without any provision for such project or activity; or (3)
November 18, 2005.

Sec. 107. 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. 108. 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 in
this joint resolution may be construed to waive any other provision of
law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that had high initial
rates of operation or complete distribution of fiscal year 2005
appropriations at the beginning of that fiscal year because of
distributions of funding to States, foreign countries, grantees

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119 STAT. 2040

or others, similar distributions of funds for fiscal year 2006 shall not
be made and no grants shall be awarded for such programs funded by this
joint resolution that would impinge on final funding prerogatives.
Sec. 110. This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 111.  NOTE: Applicability.  No provision that is included in
an appropriations Act listed in section 101(a), but that was not
included in the applicable appropriations Act for fiscal year 2005 and
by its terms is applicable to more than one appropriation, fund, or
authority, shall be applicable to any appropriation, fund, or authority
provided in this joint resolution.

Sec. 112. No provision that is included in an appropriations Act
listed in section 101(a), and that makes the availability of any
appropriation provided therein dependent upon the enactment of
additional authorizing or other legislation, shall be effective before
the date set forth in section 106(3).
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2005, 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 2005, to be continued through the
date specified in section 106(3) of this joint resolution.
(b) Notwithstanding section 106 of this joint resolution, funds
shall be available and obligations for mandatory payments due on or
about November 1, 2005, and December 1, 2005, may continue to be made.
Sec. 115.  NOTE: 10 USC 1478 note, 37 USC 411h note, 38 USC 1967
note.  The provisions of, and amendments made by, sections 1011, 1012,
1013, 1023, and 1026 of Public Law 109-13 shall continue in effect,
notwithstanding the fiscal year limitation in section 1011 and the
provisions of sections 1012(i), 1013(e), 1023(c), and 1026(e) of that
Public Law, through the earlier of: (1) the date specified in section
106(3) of this joint resolution; or (2) with respect to any such section
of Public Law 109-13, the date of the enactment into law of legislation
that supersedes the provisions of, or the amendments made by, that
section.

Sec. 116. The authorities provided by section 1306 of Public Law
107-314 shall continue in effect through the date specified in section
106(3) of this joint resolution or the date of the enactment into law of
a defense authorization Act for fiscal year 2006, whichever is earlier.
Sec. 117.  NOTE: Applicability.  Section 6 of Public Law 107-57,
as amended, shall be applied by substituting the date specified in
section 106 of this joint resolution for ``October 1, 2005'', and
sections 508 and 512 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447, division
D),

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119 STAT. 2041

as made applicable to fiscal year 2006 by the provisions of this joint
resolution, shall not apply with respect to Pakistan through the date
specified in section 106(3) of this joint resolution.

Sec. 118. (a) Funds provided in section 101 of this joint resolution
for ``Social Security Administration, Limitation on Administrative
Expenses'' may be used to complete the processing of appeals received
prior to July 1, 2005, under sections 1852 and 1869 of the Social
Security Act, notwithstanding section 931(b) of Public Law 108-173.
(b) The Commissioner of Social Security may enter into a
reimbursable agreement with the Secretary of Health and Human Services
to process, during fiscal year 2006, appeals received after June 30,
2005, and prior to October 1, 2005.
Sec. 119. For the purposes of section 101 of this joint resolution,
amounts obligated in fiscal year 2005 from funding provided in section
1015 of Public Law 108-173 shall be deemed to have been provided in an
applicable appropriations Act for fiscal year 2005.
Sec. 120. Notwithstanding section 101 of this joint resolution,
amounts are provided for ``Department of Health and Human Services,
Office of the Secretary, Medicare Appeals'' at a rate for operations not
exceeding the rate set forth for such account in title II of H.R. 3010
of the 109th Congress, as passed by the House of Representatives.
Sec. 121.  NOTE: 117 Stat. 2446.  Section 1015(b) of Public Law
108-173 is amended by striking ``2005'' and inserting ``2006''.

Sec. 122. The authority provided by section 2011 of title 38, United
States Code, shall continue in effect through the date specified in
section 106(3) of this joint resolution.
Sec. 123. The authority provided by section 2808 of Public Law 108-
136, as amended by section 2810 of Public Law 108-375, shall continue in
effect through the date specified in section 106(3) of this joint
resolution.
Sec. 124.  NOTE: 37 USC 403 note.  The amendment made by section
1022 of Public Law 109-13 shall continue in effect through the date
specified in section 106(3) of this joint resolution.

Sec. 125. Funds appropriated by section 101 of this joint resolution
for the National Aeronautics and Space Administration may be obligated
in the account and budget structure set forth in the pertinent Acts
specified in section 101(a)(8).
Sec. 126. Funds appropriated by section 101 of this joint resolution
for ``National Science Foundation, Research and Related Activities'' may
be used for Arctic and Antarctic icebreaking maintenance and operations.
Sec. 127. (a) Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ``District of
Columbia Funds'' at the rate set forth for such programs and activities
under title V of H.R. 3058, One Hundred Ninth Congress, as passed by the
House of Representatives, and in addition, funds under ``District of
Columbia Funds, Enterprise and Other Funds, Capital Outlay'' as included
in the Fiscal Year 2006 Proposed Budget and Financial Plan submitted to
the Congress by the District of Columbia on June 6, 2005.
(b)  NOTE: Applicability.  Section 2302 of Public Law 108-11, as
amended by section 336 of Public Law 108-335 shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2005''.

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119 STAT. 2042

Sec. 128. The provisions of title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect,
notwithstanding section 209 of such Act, through the earlier of: (1) the
date specified in section 106(3) of this joint resolution; or (2) the
date of the enactment into law of an authorization Act relating to the
McKinney-Vento Homeless Assistance Act.
Sec. 129. Notwithstanding section 101 of this joint resolution,
amounts are provided for ``Department of Transportation, Federal Transit
Administration, Administrative Expenses'' at a rate for operations not
exceeding the total of budgetary resources made available for obligation
for fiscal year 2005.
Sec. 130.  NOTE: Applicability.  Section 403(f) of Public Law 103-
356 (31 U.S.C. 501 note) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``October 1,
2005''.

Sec. 131. Amounts made available by this joint resolution for the
Department of Defense that are related to amounts provided in title IX
of the Department of Defense Appropriations Act, 2006, as passed by the
House, or related to amounts designated as emergency requirements in
previous defense appropriations Acts or supplemental appropriations
Acts, are designated as appropriations for contingency operations
related to the global war on terrorism pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006, except that amounts so designated under this
section shall not exceed $50,000,000,000.

Approved September 30, 2005.

LEGISLATIVE HISTORY--H.J. Res. 68:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 29, considered and passed House.
Sept. 30, considered and passed Senate.