[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 68 Enrolled Bill (ENR)]
H.J.Res.68
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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:

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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 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.

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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 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.

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the extent and in the manner that would be provided by the pertinent
appropriations Act.

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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.

0125167a0a3e423712148af3dbb3f635c9992f4f12fa90bf2df0765e4d10e6d4

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.

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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.

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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.

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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.

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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 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.

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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.

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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.

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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).

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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)).

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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.

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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.

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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.

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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), 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.

847c2dbfda84b14137d9e9d11c423f56fa16d10434efb098fb5fe6cb28cf7799

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.

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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.

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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.

d8121b27d4c16fc8964d3b19f50b73bb7ce5517a8b2e312919d70e97f9da5e60

striking ``2005'' and inserting ``2006''.

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United States Code, shall continue in effect through the date specified
in section 106(3) of this joint resolution.

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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.

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shall continue in effect through the date specified in section 106(3)
of this joint resolution.

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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).

dd3bceac858cfd4157ad6b4d7360f62913fd4b12a6036eab01db5415b203f905

resolution for ``National Science Foundation, Research and Related
Activities'' may be used for Arctic and Antarctic icebreaking
maintenance and operations.

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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''.

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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.

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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.

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shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ``October 1, 2005''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Continuing Appropriations resolution FY2006 — HJRES. 68

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