Making continuing appropriations for the fiscal year 2006, and for other purposes.
PL 109-77 (H.J.Res.68), enacted 09/30/2005

119 STAT. 2037
PUBLIC LAW 109–77—SEPT. 30, 2005
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 appro-
priations 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 Represent-
atives), 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 Appro-
priations Act, 2006 (in the House of Representatives), or the
Military Construction and Veterans Affairs, and Related Agen-
cies Appropriations Act, 2006 (in the Senate).
(8) The Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (in the House of Representa-
tives), 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 Inde-
pendent Agencies Appropriations Act, 2006 (in the House of
Representatives), 
or 
the 
Transportation, 
Treasury, 
the
Sept. 30, 2005
[H.J. Res. 68]
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119 STAT. 2038
PUBLIC LAW 109–77—SEPT. 30, 2005
Judiciary, Housing and Urban Development, and Related Agen-
cies 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 Representa-
tives as of October 1, 2005, is the same as the amount or authority
that would be available or granted under the same or other perti-
nent 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 per-
mitted 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 Representa-
tives as of October 1, 2005, is different from the amount or authority
that would be available or granted under the same or other perti-
nent 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 per-
mitted 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 appro-
priations 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
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119 STAT. 2039
PUBLIC LAW 109–77—SEPT. 30, 2005
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 avail-
able 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, ini-
tiate projects or activities required to be undertaken for force protec-
tion 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 resolu-
tion 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 authoriza-
tion 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.
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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 pro-
gram 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, which-
ever 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 Pro-
grams Appropriations Act, 2005 (Public Law 108–447, division D),
Applicability.
10 USC 1478
note, 37 USC
411h note, 38
USC 1967 note.
Applicability.
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119 STAT. 2041
PUBLIC LAW 109–77—SEPT. 30, 2005
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 resolu-
tion for ‘‘Social Security Administration, Limitation on Administra-
tive 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 Serv-
ices, Office of the Secretary, Medicare Appeals’’ at a rate for oper-
ations 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 speci-
fied 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 resolu-
tion 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 resolu-
tion for ‘‘National Science Foundation, Research and Related Activi-
ties’’ 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 ‘‘Sep-
tember 30, 2005’’.
Applicability.
37 USC 403 note.
117 Stat. 2446.
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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.
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 authoriza-
tion 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 emer-
gency 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.
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