[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 117 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 511
112th CONGRESS
  2d Session
H. J. RES. 117


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2012

        Received; read twice and ordered placed on the calendar

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Making continuing appropriations for fiscal year 2013, 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 2013, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2012 and under the authority and conditions provided in such Acts, 
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 2012, 
and for which appropriations, funds, or other authority were made 
available in the following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2012 
        (division A of Public Law 112-55), except for the 
        appropriations designated by the Congress as being for disaster 
        relief in section 735 of such Act.
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2012 (division B of Public Law 112-55), 
        except for the appropriation designated by the Congress as 
        being for disaster relief in the second paragraph under the 
        heading ``Department of Commerce--Economic Development 
        Administration--Economic Development Assistance Programs'' in 
        such Act.
            (3) The Department of Defense Appropriations Act, 2012 
        (division A of Public Law 112-74).
            (4) The Energy and Water Development Appropriations Act, 
        2012 (division B of Public Law 112-74).
            (5) The Financial Services and General Government 
        Appropriations Act, 2012 (division C of Public Law 112-74).
            (6) The Department of Homeland Security Appropriations Act, 
        2012 (division D of Public Law 112-74).
            (7) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2012 (division E of Public 
        Law 112-74).
            (8) The Departments of Labor, Health and Human Services, 
        and Education, and Related Agencies Appropriations Act, 2012 
        (division F of Public Law 112-74).
            (9) The Legislative Branch Appropriations Act, 2012 
        (division G of Public Law 112-74).
            (10) The Military Construction and Veterans Affairs and 
        Related Agencies Appropriations Act, 2012 (division H of Public 
        Law 112-74).
            (11) The Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2012 (division I of Public 
        Law 112-74).
            (12) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2012 (division C of Public 
        Law 112-55), except for the appropriations designated by the 
        Congress as being for disaster relief under the heading 
        ``Department of Transportation--Federal Highway 
        Administration--Emergency Relief'' and in the last proviso of 
        section 239 of such Act.
            (13) The Disaster Relief Appropriations Act, 2012 (Public 
        Law 112-77), except for appropriations under the heading 
        ``Corps of Engineers-Civil''.
    (b) Whenever an amount designated for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 (in this 
section referred to as an ``OCO/GWOT amount'') in an Act described in 
paragraph (3) or (10) of subsection (a) that would be made available 
for a project or activity is different from the amount requested in the 
President's fiscal year 2013 budget request, the project or activity 
shall be continued at a rate for operations that would be permitted by, 
and such designation shall be applied to, the amount in the President's 
fiscal year 2013 budget request.
    (c) The rate for operations provided by subsection (a) is hereby 
increased by 0.612 percent. Such increase shall not apply to OCO/GWOT 
amounts or to amounts incorporated in this joint resolution by 
reference to the Disaster Relief Appropriations Act, 2012 (Public Law 
112-77).
    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 2012 or prior years; (2) the increase in production rates 
above those sustained with fiscal year 2012 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 2012.
    (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.
    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.  Except as otherwise provided in section 102, 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 2012.
    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 for fiscal year 2013, 
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 for fiscal 
year 2013 without any provision for such project or activity; or (3) 
March 27, 2013.
    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 made 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 would otherwise 
have high initial rates of operation or complete distribution of 
appropriations at the beginning of fiscal year 2013 because of 
distributions of funding to States, foreign countries, grantees, or 
others, such high initial rates of operation or complete distribution 
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. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2012, and for activities under the Food and Nutrition Act of 2008, 
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 2012, to be continued 
through the date specified in section 106(3).
    (b) Notwithstanding section 106, obligations for mandatory payments 
due on or about the first day of any month that begins after October 
2012 but not later than 30 days after the date specified in section 
106(3) may continue to be made, and funds shall be available for such 
payments.
    Sec. 112.  Amounts made available under section 101 for civilian 
personnel compensation and benefits in each department and agency may 
be apportioned up to the rate for operations necessary to avoid 
furloughs within such department or agency, consistent with the 
applicable appropriations Act for fiscal year 2012, except that such 
authority provided under this section shall not be used until after the 
department or agency has taken all necessary actions to reduce or defer 
non-personnel-related administrative expenses.
    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) Section 147 of Public Law 111-242, as added by Public 
Law 111-322, shall be applied by substituting the date specified in 
section 106(3) of this joint resolution for ``December 31, 2012'' each 
place it appears.
    (b) Notwithstanding any other provision of law, any statutory pay 
adjustment (as defined in section 147(b)(2) of the Continuing 
Appropriations Act, 2011 (Public Law 111-242)) otherwise scheduled to 
take effect during fiscal year 2013 but prior to the date specified in 
section 106(3) of this joint resolution may take effect on the first 
day of the first applicable pay period beginning after the date 
specified in section 106(3).
    Sec. 115. (a) Each amount incorporated by reference in this joint 
resolution that was previously designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 or as being for disaster relief pursuant to section 
251(b)(2)(D) of such Act is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of such Act or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act, respectively.
    (b) Of the amount made available by section 101 for ``Social 
Security Administration--Limitation on Administrative Expenses'', 
$483,484,000 is additional new budget authority specified for purposes 
of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    (c) Section 5 of Public Law 112-74 shall apply to amounts 
designated in subsection (a) for Overseas Contingency Operations/Global 
War on Terrorism.
    Sec. 116. (a) Not later than 30 days after the date of the 
enactment of this joint resolution, each department and agency in 
subsection (c) shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate, for the period through the 
date specified in section 106(3) of this joint resolution, a spending, 
expenditure, or operating plan--
    (1) at the program, project, or activity level (or, for national 
intelligence programs funded in the Department of Defense 
Appropriations Act, at the expenditure center and project level); or
    (2) as applicable, at any greater level of detail required for 
funds covered by such a plan in an appropriations Act referred to in 
section 101, in the joint explanatory statement accompanying such Act, 
or in committee report language incorporated by reference in such joint 
explanatory statement.
    (b) Not later than 30 days after the date on which any 
sequestration is ordered by the President under section 251A of the 
Balanced Budget and Emergency Deficit Control Act of 1985, each 
department and agency in subsection (c) shall submit to the Committees 
on Appropriations of the House of Representatives and the Senate the 
spending, expenditure, or operating plan required under subsection (a), 
updated to reflect any adjustments to funding as a result of the 
sequestration and any extension of the date specified in section 106(3) 
of this joint resolution.
    (c) The departments and agencies to which this section applies are 
as follows:
    (1) The Department of Agriculture.
    (2) The Department of Commerce.
    (3) The Department of Defense.
    (4) The Department of Education.
    (5) The Department of Energy.
    (6) The Department of Health and Human Services.
    (7) The Department of Homeland Security.
    (8) The Department of Housing and Urban Development.
    (9) The Department of the Interior.
    (10) The Department of Justice.
    (11) The Department of Labor.
    (12) The Department of State and United States Agency for 
International Development.
    (13) The Department of Transportation.
    (14) The Department of the Treasury.
    (15) The Department of Veterans Affairs.
    (16) The National Aeronautics and Space Administration.
    (17) The National Science Foundation.
    (18) The Judiciary.
    (19) With respect to amounts made available under the heading 
``Executive Office of the President and Funds Appropriated to the 
President'', agencies funded under such heading.
    (20) The Federal Communications Commission.
    (21) The General Services Administration.
    (22) The Office of Personnel Management.
    (23) The National Archives and Records Administration.
    (24) The Securities and Exchange Commission.
    (25) The Small Business Administration.
    (26) The Environmental Protection Agency.
    (27) The Indian Health Service.
    (28) The Smithsonian Institution.
    (29) The Social Security Administration.
    (30) The Corporation for National and Community Service.
    (31) The Corporation for Public Broadcasting.
    (32) The Food and Drug Administration.
    (33) The Commodity Futures Trading Commission.
    (34) The Central Intelligence Agency.
    (35) The National Security Agency.
    (36) The National Reconnaissance Office.
    (37) The Defense Intelligence Agency.
    (38) The National Geospatial Intelligence Agency.
    (39) The Office of the Director of National Intelligence.
    Sec. 117.  Not later than November 1, 2012, and each month 
thereafter through the month following the period covered by this joint 
resolution, the Director of the Office of Management and Budget shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report on all obligations incurred by 
each department and agency in the period covered by this joint 
resolution. Such report shall--
            (1) set forth obligations by account;
            (2) compare the obligations incurred in the period covered 
        by the report to the obligations incurred in the same period in 
        fiscal year 2012; and
            (3) specify each executive branch account for which funds 
        made available by this joint resolution are apportioned at a 
        different rate for operations than the rate otherwise provided 
        in section 101, with an estimate of the different rate 
        otherwise provided in such section and the total obligations 
        estimated to be incurred under this joint resolution for such 
        account.
    Sec. 118.  Section 726(15) of division A of Public Law 112-55 shall 
be applied to amounts made available by this joint resolution without 
regard to the first proviso of such section.
    Sec. 119.  Notwithstanding section 101, amounts are provided for 
``Department of Agriculture--Domestic Food Programs--Food and Nutrition 
Service--Commodity Assistance Program'', at a rate for operations of 
$253,952,000, of which $186,935,000 shall be for the Commodity 
Supplemental Food Program.
    Sec. 120. (a) Amounts made available under section 101 for 
``Department of Commerce--National Oceanic and Atmospheric 
Administration--Procurement, Acquisition and Construction'' may be 
apportioned up to the rate for operations necessary to maintain the 
planned launch schedules for the Joint Polar Satellite System and the 
Geostationary Operational Environmental Satellite system.
    (b) Not later than 30 days after the date of enactment of this 
joint resolution, the Director of the Office of Management and Budget 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a plan to maintain the launch schedules 
and life cycle cost estimates established in fiscal year 2012 for the 
satellite systems described in subsection (a) and options for reducing 
costs, including management costs.
    Sec. 121.  Through the earlier of the date specified in section 
106(3) of this joint resolution or the date of the enactment of an Act 
authorizing appropriations for fiscal year 2013 for military activities 
of the Department of Defense, no appropriation or funds made available 
or authority granted pursuant to section 101 for the Department of 
Defense shall be used to--
            (1) retire, divest, realign, or transfer aircraft of the 
        Air Force;
            (2) disestablish or convert any unit associated with 
        aircraft described in paragraph (1) or any unit of the Air 
        National Guard or Air Force Reserve; or
            (3) retire C-23 Sherpa aircraft.
    Sec. 122.  The authority provided by section 801 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2399) shall continue in effect, notwithstanding subsection (f) of 
such section, through the earlier of the date specified in section 
106(3) of this joint resolution or the date of the enactment of an Act 
authorizing appropriations for fiscal year 2013 for military activities 
of the Department of Defense.
    Sec. 123.  The authority provided by section 572(b)(4) of the 
National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 
7703b(b)(4)) shall continue in effect through the earlier of the date 
specified in section 106(3) of this joint resolution or the date of the 
enactment of an Act authorizing appropriations for fiscal year 2013 for 
military activities of the Department of Defense.
    Sec. 124.  In addition to any other transfer authority available to 
the Department of Defense, the Secretary of Defense may transfer an 
amount designated for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 made available by this joint 
resolution for the Department of Defense between such appropriations, 
to be merged with and to be available for the same purposes, and the 
same time period, as the appropriation or fund to which transferred. 
The Secretary of Defense shall notify the congressional defense 
committees not fewer than 15 days prior to any transfer made pursuant 
to this section.
    Sec. 125. (a) Notwithstanding section 101, amounts are provided for 
``Department of Energy--National Nuclear Security Administration--
Weapons Activities'' at a rate for operations of $7,577,341,000.
    (b) Section 301(c) of title III of division B of Public Law 112-74 
shall not apply to amounts made available by this section.
    Sec. 126.  In addition to the amounts otherwise made available by 
section 101 for ``Department of Energy--National Nuclear Security 
Administration--Defense Nuclear Nonproliferation'', an additional 
amount is made available for domestic uranium enrichment research, 
development, and demonstration at a rate for operations of 
$100,000,000.
    Sec. 127.  Section 14704 of title 40, United States Code, shall be 
applied to amounts made available by this joint resolution by 
substituting the date specified in section 106(3) of this joint 
resolution for ``October 1, 2012''.
    Sec. 128.  Notwithstanding any other provision of this joint 
resolution, except section 106, the District of Columbia may expend 
local funds under the heading ``District of Columbia Funds'' for such 
programs and activities under title IV of H.R. 6020 (112th Congress), 
as reported by the Committee on Appropriations of the House of 
Representatives, at the rate set forth under ``District of Columbia 
Funds--Summary of Expenses'' as included in the Fiscal Year 2013 Budget 
Request Act of 2012 (D.C. Act 19-381), as modified as of the date of 
the enactment of this joint resolution.
    Sec. 129.  Notwithstanding section 101, amounts are provided for 
``District of Columbia--Federal Funds--Federal Payment for Emergency 
Planning and Security Costs in the District of Columbia'' at a rate for 
operations of $24,700,000, of which not less than $9,800,000 shall be 
used for costs associated with the Presidential Inauguration.
    Sec. 130.  Notwithstanding section 101, amounts are provided for 
``General Services Administration--Expenses, Presidential Transition'' 
for necessary expenses to carry out the Presidential Transition Act of 
1963 (3 U.S.C. 102 note), at a rate for operations of $8,947,000, of 
which not to exceed $1,000,000 is for activities authorized by sections 
3(a)(8) and (9) of such Act.
    Sec. 131. (a) Notwithstanding section 101, amounts are provided for 
``Executive Office of the President--Office of Administration--
Presidential Transition Administrative Support'' to carry out the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate for 
operations of $8,000,000.
    (b) Such funds may be transferred to other accounts in this joint 
resolution or any other Act that provide funding for offices within the 
Executive Office of the President and the Office of the Vice President 
to carry out the Presidential Transition Act of 1963 (3 U.S.C. 102 
note).
    Sec. 132.  Notwithstanding section 101, the fifth proviso under the 
heading ``Federal Communications Commission--Salaries and Expenses'' in 
division C of Public Law 112-74 shall be applied by substituting 
``$98,739,000'' for ``$85,000,000''.
    Sec. 133.  Notwithstanding any other provision of this joint 
resolution, amounts made available by section 101 for ``Department of 
the Treasury--Departmental Offices--Salaries and Expenses'' and 
``Department of the Treasury--Office of Inspector General--Salaries and 
Expenses'' may be used for activities in connection with section 
1602(e) of the Resources and Ecosystems Sustainability, Tourist 
Opportunities, and Revived Economies of the Gulf Coast States Act of 
2012 (subtitle F of title I of division A of Public Law 112-141).
    Sec. 134.  Notwithstanding section 101, amounts are provided for 
``Office of Government Ethics--Salaries and Expenses'' at a rate for 
operations of $18,664,000, of which $5,000,000 shall be for development 
and deployment of the centralized, publicly accessible database 
required in section 11(b) of the STOCK Act (Public Law 112-105).
    Sec. 135.  Notwithstanding section 101, amounts are provided for 
``Small Business Administration--Business Loans Program Account'' for 
the cost of guaranteed loans as authorized by section 7(a) of the Small 
Business Act and section 503 of the Small Business Investment Act of 
1958 at a rate for operations of $333,600,000.
    Sec. 136. (a) Amounts made available by this joint resolution for 
``Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses'' shall be obligated at the rate for operations 
necessary to maintain the staffing levels (including by backfilling 
vacant positions) of Border Patrol agents, Customs and Border 
Protection officers, and Air and Marine interdiction agents in effect 
at the end of the fourth quarter of fiscal year 2012, or, with respect 
to Border Patrol agents, at such greater levels as may otherwise be 
required in the second proviso under the heading ``U.S. Customs and 
Border Protection--Salaries and Expenses'' in division D of Public Law 
112-74. Any increase of the rate for operations for such purpose under 
this subsection shall be derived by adjusting amounts otherwise made 
available within such account by this joint resolution, without regard 
to the restrictions on reprogramming in section 503 of division D of 
Public Law 112-74.
    (b) Not later than 15 days after the date of the enactment of this 
joint resolution, the Commissioner of U.S. Customs and Border 
Protection shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a detailed expenditure plan for 
``Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses'' at the program, project, and activity level 
that specifies how the Commissioner will maintain staffing levels as 
required under subsection (a) through the date specified in section 
106(3) of this joint resolution.
    Sec. 137. (a) Notwithstanding section 101, amounts are provided for 
``Department of Homeland Security--National Protection and Programs 
Directorate--Infrastructure Protection and Information Security'' at a 
rate for operations of $1,170,243,000, of which $328,000,000 is for 
Network Security Deployment, and $218,000,000 is for Federal Network 
Security that may be obligated at a rate for operations necessary to 
establish and sustain essential cybersecurity activities, including 
procurement and operations of continuous monitoring and diagnostics 
systems and intrusion detection systems for civilian Federal computer 
networks.
    (b) Not later than 15 days after the date of the enactment of this 
joint resolution, the Secretary of Homeland Security shall submit to 
the Committees on Appropriations of the House of Representatives and 
the Senate an expenditure plan for essential cybersecurity activities 
described in subsection (a) of this section for the period through the 
date specified in section 106(3) of this joint resolution.
    Sec. 138.  The authority provided by section 532 of Public Law 109-
295 shall continue in effect through the date specified in section 
106(3) of this joint resolution.
    Sec. 139.  Section 550(b) of Public Law 109-295 (6 U.S.C. 121 note) 
shall be applied by substituting the date specified in section 106(3) 
of this joint resolution for ``October 4, 2012''.
    Sec. 140. (a) Notwithstanding section 101, amounts are provided for 
``Department of the Interior--Department-wide Programs--Wildland Fire 
Management'' at a rate for operations of $726,473,000.
    (b) In addition to the amounts provided under subsection (a), there 
is appropriated $23,000,000 for an additional amount for fiscal year 
2013 for ``Department of the Interior--Department-wide Programs--
Wildland Fire Management'', to remain available until expended, for 
repayment to other appropriations accounts from which funds were 
transferred in fiscal year 2012 for wildfire suppression.
    Sec. 141. (a) Notwithstanding section 101, amounts are provided for 
``Department of Agriculture--Forest Service--Wildland Fire Management'' 
at a rate for operations of $1,971,390,000.
    (b) In addition to the amounts provided under subsection (a), there 
is appropriated $400,000,000 for an additional amount for fiscal year 
2013 for ``Department of Agriculture--Forest Service--Wildland Fire 
Management'', to remain available until expended, for repayment to 
other appropriations accounts from which funds were transferred in 
fiscal year 2012 for wildfire suppression.
    Sec. 142.  Section 411(h)(4)(A) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240a(h)(4)(A)) is amended to read 
as follows:
                    ``(A) In general.--The annual amount allocated 
                under subparagraph (A) or (B) of section 402(g)(1) to 
                any State or Indian tribe that makes a certification 
                under subsection (a) of this section in which the 
                Secretary concurs shall be reallocated and available 
                for grants under section 402(g)(5).''.
    Sec. 143.  The authority provided by section 331 of the Department 
of the Interior and Related Agencies Appropriations Act, 2000 (enacted 
by reference in section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 
note) shall continue in effect through the date specified in section 
106(3) of this joint resolution.
    Sec. 144. (a) The following sections of the Federal Insecticide, 
Fungicide, and Rodenticide Act shall continue in effect through the 
date specified in section 106(3) of this joint resolution--
            (1) Subparagraphs (C) through (E) of section 4(i)(5) (7 
        U.S.C. 136a-1(i)(5)(C)-(E));
            (2) Section 4(k)(3) (7 U.S.C. 136a-1(k)(3)); and
            (3) Section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
    (b)(1) Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``September 30, 2012''.
    (2) Notwithstanding section 33(m)(2) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)(2)), section 
33(m)(1) of such Act (7 U.S.C. 136w-8(m)(1)) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``September 30, 2012''.
    (c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 346a(m)(3)) shall be applied by substituting the date 
specified in section 106(3) of this joint resolution for ``September 
30, 2012''.
    Sec. 145.  Section 163 of Public Law 111-242, as amended by Public 
Law 111-322, is further amended--
            (1) in subsection (b), by striking ``2012-2013'' and 
        inserting ``2013-2014''; and
            (2) by inserting at the end the following:
    ``(c) Not later than December 31, 2013, the Secretary of Education 
shall submit a report to the Committees on Appropriations and Health, 
Education, Labor, and Pensions of the Senate and the Committees on 
Appropriations and Education and the Workforce of the House of 
Representatives, using data required under existing law (section 
1111(h)(6)(A) of Public Law 107-110) by State and each local 
educational agency, regarding the extent to which students in the 
following categories are taught by teachers who are deemed highly 
qualified pursuant to 34 CFR 200.56(a)(2)(ii) as published in the 
Federal Register on December 2, 2002:
            ``(1) Students with disabilities.
            ``(2) English Learners.
            ``(3) Students in rural areas.
            ``(4) Students from low-income families.''.
    Sec. 146.  The first proviso under the heading ``Department of 
Health and Human Services--Administration for Children and Families--
Low Income Home Energy Assistance'' in division F of Public Law 112-74 
shall be applied to amounts made available by this joint resolution by 
substituting ``2013'' for ``2012''.
    Sec. 147.  Notwithstanding section 101, amounts are provided for 
``Department of Health and Human Services--Administration for Children 
and Families--Refugee and Entrant Assistance'' at a rate for operations 
of $900,000,000. Amounts made available by this section may be 
obligated up to a rate for operations necessary to maintain program 
operations at the level provided in fiscal year 2012, as necessary to 
accommodate increased demand.
    Sec. 148.  Activities authorized by part A of title IV and section 
1108(b) of the Social Security Act shall continue through the date 
specified in section 106(3) of this joint resolution, in the manner 
authorized for fiscal year 2012, and out of any money in the Treasury 
of the United States not otherwise appropriated, there are hereby 
appropriated such sums as may be necessary for such purpose. Grants and 
payments may be made pursuant to this authority on a quarterly basis 
through the second quarter of fiscal year 2013 at the level provided 
for such activities for the corresponding quarter of fiscal year 2012.
    Sec. 149.  Notwithstanding any other provision of this joint 
resolution, there is appropriated for payment to the heirs at law of 
Donald M. Payne, late a Representative from the State of New Jersey, 
$174,000.
    Sec. 150.  Notwithstanding section 101, amounts are provided for 
``Department of Veterans Affairs--Departmental Administration--General 
Operating Expenses, Veterans Benefits Administration'' at a rate for 
operations of $2,164,074,000.
    Sec. 151.  The authority provided by section 315(b) of title 38, 
United States Code, shall continue in effect through the date specified 
in section 106(3) of this joint resolution.
    Sec. 152. (a) Section 120 of division C of Public Law 112-55 shall 
not apply to amounts made available by this joint resolution.
    (b) During the period covered by this joint resolution, section 
1102 of Public Law 112-141 shall be applied--
            (1) in subsection (a)(1), by substituting 
        ``$39,143,582,670'' for ``$39,699,000,000'';
            (2) in subsection (b)(10), as if the limitation applicable 
        through fiscal year 2011 applied through fiscal year 2012; and
            (3) in subsection (c)(5), by treating the reference to 
        section 204 of title 23, United States Code, as a reference to 
        sections 202 and 204 of such title.
    Sec. 153.  The matter under the heading ``Department of 
Transportation--National Highway Traffic Safety Administration--Highway 
Traffic Safety Grants'' in division C of Public Law 112-55 shall be 
applied to amounts made available by this joint resolution by treating 
each reference to section 2001(a)(11) of Public Law 109-59 under such 
heading as a reference to section 31101(a)(6) of Public Law 112-141.
    Sec. 154.  The matter under the heading ``Department of 
Transportation--Federal Transit Administration--Formula and Bus 
Grants'' in division C of Public Law 112-55 shall be applied to amounts 
made available by this joint resolution by substituting ``49 U.S.C. 
5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340'' for 
``49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 
5339, and 5340 and section 3038 of Public Law 105-178, as amended'' 
each place it appears.
    Sec. 155.  Section 601(e)(1)(B) of division B of Public Law 110-432 
shall be applied by substituting the date specified in section 106(3) 
of this joint resolution for ``4 years after such date''.
     This joint resolution may be cited as the ``Continuing 
Appropriations Resolution, 2013''.

            Passed the House of Representatives September 13, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.




                                                       Calendar No. 511

112th CONGRESS

  2d Session

                             H. J. RES. 117

_______________________________________________________________________

                            JOINT RESOLUTION

 Making continuing appropriations for fiscal year 2013, and for other 
                               purposes.

_______________________________________________________________________

                           September 19, 2012

        Received; read twice and ordered placed on the calendar