PUBLIC LAW 109–77—SEPT. 30, 2005 119 STAT. 2037

Public Law 109–77

109th Congress

Joint Resolution

Making continuing appropriations for the fiscal year 2006, 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 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

Sept. 30, 2005

[H.J. Res. 68]

119 STAT. 2038 PUBLIC LAW 109–77—SEPT. 30, 2005

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

PUBLIC LAW 109–77—SEPT. 30, 2005 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. 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

Expiration date.

119 STAT. 2040 PUBLIC LAW 109–77—SEPT. 30, 2005

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. 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. 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. 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),

Applicability.

10 USC 1478

note, 37 USC

411h note, 38

USC 1967 note.

Applicability.

PUBLIC LAW 109–77—SEPT. 30, 2005 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. 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. 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) 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’’.

Applicability.

37 USC 403 note.

117 Stat. 2446.

119 STAT. 2042 PUBLIC LAW 109–77—SEPT. 30, 2005

LEGISLATIVE HISTORY—H.J. Res. 68:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 29, considered and passed House.

Sept. 30, considered and passed Senate.

Æ

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. 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.

Applicability.