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[109th Congress Public Law 77]
[From the U.S. Government Printing Office]

[DOCID: f:publ077.109]

[[Page 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

[[Page 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 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

[[Page 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),

[[Page 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''.

[[Page 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.

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