United States Statutes at Large, Volume 126, 112th Congress, 2nd Session

[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-175
112th Congress

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).

[[Page 1314]]

(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.

[[Page 1315]]

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

[[Page 1316]]

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.

[[Page 1317]]

(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

[[Page 1318]]

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

[[Page 1319]]

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

[[Page 1320]]

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

[[Page 1321]]

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));

[[Page 1322]]

(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.

[[Page 1323]]

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''.

[[Page 1324]]

This joint resolution may be cited as the ``Continuing
Appropriations Resolution, 2013''.

Approved September 28, 2012.

LEGISLATIVE HISTORY--H.J. Res. 117:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 13, considered and passed House.
Sept. 20, 21, considered and passed Senate.