IA 

112TH CONGRESS 

2D SESSION H. J. RES. 117 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2012 

Mr. ROGERS of Kentucky introduced the following joint resolution; which was 

referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

JOINT RESOLUTION 

Making continuing appropriations for fiscal year 2013, and 

for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2013, and for other purposes, namely: 


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1 SEC. 101. (a) Such amounts as may be necessary, 

2 at a rate for operations as provided in the applicable ap3 propriations Acts for fiscal year 2012 and under the au4 thority and conditions provided in such Acts, for con5 tinuing projects or activities (including the costs of direct 

6 loans and loan guarantees) that are not otherwise specifi7 cally provided for in this joint resolution, that were con8 ducted in fiscal year 2012, and for which appropriations, 

9 funds, or other authority were made available in the fol10 lowing appropriations Acts: 

11 (1) The Agriculture, Rural Development, Food 

12 and Drug Administration, and Related Agencies Ap13 propriations Act, 2012 (division A of Public Law 

14 112–55), except for the appropriations designated by 

15 the Congress as being for disaster relief in section 

16 735 of such Act. 

17 (2) The Commerce, Justice, Science, and Re18 lated Agencies Appropriations Act, 2012 (division B 

19 of Public Law 112–55), except for the appropriation 

20 designated by the Congress as being for disaster re21 lief in the second paragraph under the heading ‘‘De22 partment of Commerce—Economic Development Ad23 ministration—Economic Development Assistance 

24 Programs’’ in such Act. 


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1 (3) The Department of Defense Appropriations 

2 Act, 2012 (division A of Public Law 112–74). 

3 (4) The Energy and Water Development Appro4 priations Act, 2012 (division B of Public Law 112– 

5 74). 

6 (5) The Financial Services and General Govern7 ment Appropriations Act, 2012 (division C of Public 

8 Law 112–74). 

9 (6) The Department of Homeland Security Ap10 propriations Act, 2012 (division D of Public Law 

11 112–74). 

12 (7) The Department of the Interior, Environ13 ment, and Related Agencies Appropriations Act, 

14 2012 (division E of Public Law 112–74). 

15 (8) The Departments of Labor, Health and 

16 Human Services, and Education, and Related Agen17 cies Appropriations Act, 2012 (division F of Public 

18 Law 112–74). 

19 (9) The Legislative Branch Appropriations Act, 

20 2012 (division G of Public Law 112–74). 

21 (10) The Military Construction and Veterans 

22 Affairs and Related Agencies Appropriations Act, 

23 2012 (division H of Public Law 112–74). 


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1 (11) The Department of State, Foreign Oper2 ations, and Related Programs Appropriations Act, 

3 2012 (division I of Public Law 112–74). 

4 (12) The Transportation, Housing and Urban 

5 Development, and Related Agencies Appropriations 

6 Act, 2012 (division C of Public Law 112–55), except 

7 for the appropriations designated by the Congress as 

8 being for disaster relief under the heading ‘‘Depart9 ment of Transportation—Federal Highway Adminis10 tration—Emergency Relief’’ and in the last proviso 

11 of section 239 of such Act. 

12 (13) The Disaster Relief Appropriations Act, 

13 2012 (Public Law 112–77), except for appropria14 tions under the heading ‘‘Corps of Engineers-Civil’’. 

15 (b) Whenever an amount designated for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985 (in this section 

19 referred to as an ‘‘OCO/GWOT amount’’) in an Act de20 scribed in paragraph (3) or (10) of subsection (a) that 

21 would be made available for a project or activity is dif22 ferent from the amount requested in the President’s fiscal 

23 year 2013 budget request, the project or activity shall be 

24 continued at a rate for operations that would be permitted 


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1 by, and such designation shall be applied to, the amount 

2 in the President’s fiscal year 2013 budget request. 

3 (c) The rate for operations provided by subsection (a) 

4 is hereby increased by 0.612 percent. Such increase shall 

5 not apply to OCO/GWOT amounts or to amounts incor6 porated in this joint resolution by reference to the Disaster 

7 Relief Appropriations Act, 2012 (Public Law 112–77). 

8 SEC. 102. (a) No appropriation or funds made avail9 able or authority granted pursuant to section 101 for the 

10 Department of Defense shall be used for (1) the new pro11 duction of items not funded for production in fiscal year 

12 2012 or prior years; (2) the increase in production rates 

13 above those sustained with fiscal year 2012 funds; or (3) 

14 the initiation, resumption, or continuation of any project, 

15 activity, operation, or organization (defined as any project, 

16 subproject, activity, budget activity, program element, and 

17 subprogram within a program element, and for any invest18 ment items defined as a P–1 line item in a budget activity 

19 within an appropriation account and an R–1 line item that 

20 includes a program element and subprogram element with21 in an appropriation account) for which appropriations, 

22 funds, or other authority were not available during fiscal 

23 year 2012. 

24 (b) No appropriation or funds made available or au25 thority granted pursuant to section 101 for the DepartVerDate Mar 15 2010 00:53 Sep 11, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.IH HJ117

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1 ment of Defense shall be used to initiate multi-year pro2 curements utilizing advance procurement funding for eco3 nomic order quantity procurement unless specifically ap4 propriated later. 

5 SEC. 103. Appropriations made by section 101 shall 

6 be available to the extent and in the manner that would 

7 be provided by the pertinent appropriations Act. 

8 SEC. 104. Except as otherwise provided in section 

9 102, no appropriation or funds made available or author10 ity granted pursuant to section 101 shall be used to ini11 tiate or resume any project or activity for which appro12 priations, funds, or other authority were not available dur13 ing fiscal year 2012. 

14 SEC. 105. Appropriations made and authority grant15 ed pursuant to this joint resolution shall cover all obliga16 tions or expenditures incurred for any project or activity 

17 during the period for which funds or authority for such 

18 project or activity are available under this joint resolution. 

19 SEC. 106. Unless otherwise provided for in this joint 

20 resolution or in the applicable appropriations Act for fiscal 

21 year 2013, appropriations and funds made available and 

22 authority granted pursuant to this joint resolution shall 

23 be available until whichever of the following first occurs: 

24 (1) the enactment into law of an appropriation for any 

25 project or activity provided for in this joint resolution; (2) 


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1 the enactment into law of the applicable appropriations 

2 Act for fiscal year 2013 without any provision for such 

3 project or activity; or (3) March 27, 2013. 

4 SEC. 107. Expenditures made pursuant to this joint 

5 resolution shall be charged to the applicable appropriation, 

6 fund, or authorization whenever a bill in which such appli7 cable appropriation, fund, or authorization is contained is 

8 enacted into law. 

9 SEC. 108. Appropriations made and funds made 

10 available by or authority granted pursuant to this joint 

11 resolution may be used without regard to the time limita12 tions for submission and approval of apportionments set 

13 forth in section 1513 of title 31, United States Code, but 

14 nothing in this joint resolution may be construed to waive 

15 any other provision of law governing the apportionment 

16 of funds. 

17 SEC. 109. Notwithstanding any other provision of 

18 this joint resolution, except section 106, for those pro19 grams that would otherwise have high initial rates of oper20 ation or complete distribution of appropriations at the be21 ginning of fiscal year 2013 because of distributions of 

22 funding to States, foreign countries, grantees, or others, 

23 such high initial rates of operation or complete distribu24 tion shall not be made, and no grants shall be awarded 


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1 for such programs funded by this joint resolution that 

2 would impinge on final funding prerogatives. 

3 SEC. 110. This joint resolution shall be implemented 

4 so that only the most limited funding action of that per5 mitted in the joint resolution shall be taken in order to 

6 provide for continuation of projects and activities. 

7 SEC. 111. (a) For entitlements and other mandatory 

8 payments whose budget authority was provided in appro9 priations Acts for fiscal year 2012, and for activities under 

10 the Food and Nutrition Act of 2008, activities shall be 

11 continued at the rate to maintain program levels under 

12 current law, under the authority and conditions provided 

13 in the applicable appropriations Act for fiscal year 2012, 

14 to be continued through the date specified in section 

15 106(3). 

16 (b) Notwithstanding section 106, obligations for man17 datory payments due on or about the first day of any 

18 month that begins after October 2012 but not later than 

19 30 days after the date specified in section 106(3) may con20 tinue to be made, and funds shall be available for such 

21 payments. 

22 SEC. 112. Amounts made available under section 101 

23 for civilian personnel compensation and benefits in each 

24 department and agency may be apportioned up to the rate 

25 for operations necessary to avoid furloughs within such deVerDate Mar 15 2010 00:53 Sep 11, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.IH HJ117

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1 partment or agency, consistent with the applicable appro2 priations Act for fiscal year 2012, except that such author3 ity provided under this section shall not be used until after 

4 the department or agency has taken all necessary actions 

5 to reduce or defer non-personnel-related administrative ex6 penses. 

7 SEC. 113. Funds appropriated by this joint resolution 

8 may be obligated and expended notwithstanding section 10 

9 of Public Law 91–672 (22 U.S.C. 2412), section 15 of 

10 the State Department Basic Authorities Act of 1956 (22 

11 U.S.C. 2680), section 313 of the Foreign Relations Au12 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

13 6212), and section 504(a)(1) of the National Security Act 

14 of 1947 (50 U.S.C. 414(a)(1)). 

15 SEC. 114. (a) Section 147 of Public Law 111–242, 

16 as added by Public Law 111–322, shall be applied by sub17 stituting the date specified in section 106(3) of this joint 

18 resolution for ‘‘December 31, 2012’’ each place it appears. 

19 (b) Notwithstanding any other provision of law, any 

20 statutory pay adjustment (as defined in section 147(b)(2) 

21 of the Continuing Appropriations Act, 2011 (Public Law 

22 111–242)) otherwise scheduled to take effect during fiscal 

23 year 2013 but prior to the date specified in section 106(3) 

24 of this joint resolution may take effect on the first day 


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1 of the first applicable pay period beginning after the date 

2 specified in section 106(3). 

3 SEC. 115. (a) Each amount incorporated by reference 

4 in this joint resolution that was previously designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985 or as being for disaster relief pursuant to section 

9 251(b)(2)(D) of such Act is designated by the Congress 

10 for Overseas Contingency Operations/Global War on Ter11 rorism pursuant to section 251(b)(2)(A) of such Act or 

12 as being for disaster relief pursuant to section 

13 251(b)(2)(D) of such Act, respectively. 

14 (b) Of the amount made available by section 101 for 

15 ‘‘Social Security Administration—Limitation on Adminis16 trative Expenses’’, $483,484,000 is additional new budget 

17 authority specified for purposes of subsection 

18 251(b)(2)(B) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 (c) Section 5 of Public Law 112–74 shall apply to 

21 amounts designated in subsection (a) for Overseas Contin22 gency Operations/Global War on Terrorism. 

23 SEC. 116. (a) Not later than 30 days after the date 

24 of the enactment of this joint resolution, each department 

25 and agency in subsection (c) shall submit to the CommitVerDate Mar 15 2010 00:53 Sep 11, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.IH HJ117

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1 tees on Appropriations of the House of Representatives 

2 and the Senate, for the period through the date specified 

3 in section 106(3) of this joint resolution, a spending, ex4 penditure, or operating plan— 

5 (1) at the program, project, or activity level (or, 

6 for national intelligence programs funded in the De7 partment of Defense Appropriations Act, at the ex8 penditure center and project level); or 

9 (2) as applicable, at any greater level of detail 

10 required for funds covered by such a plan in an ap11 propriations Act referred to in section 101, in the 

12 joint explanatory statement accompanying such Act, 

13 or in committee report language incorporated by ref14 erence in such joint explanatory statement. 

15 (b) Not later than 30 days after the date on which 

16 any sequestration is ordered by the President under sec17 tion 251A of the Balanced Budget and Emergency Deficit 

18 Control Act of 1985, each department and agency in sub19 section (c) shall submit to the Committees on Appropria20 tions of the House of Representatives and the Senate the 

21 spending, expenditure, or operating plan required under 

22 subsection (a), updated to reflect any adjustments to fund23 ing as a result of the sequestration and any extension of 

24 the date specified in section 106(3) of this joint resolution. 


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1 (c) The departments and agencies to which this sec2 tion applies are as follows: 

3 (1) The Department of Agriculture. 

4 (2) The Department of Commerce. 

5 (3) The Department of Defense. 

6 (4) The Department of Education. 

7 (5) The Department of Energy. 

8 (6) The Department of Health and Human 

9 Services. 

10 (7) The Department of Homeland Security. 

11 (8) The Department of Housing and Urban De12 velopment. 

13 (9) The Department of the Interior. 

14 (10) The Department of Justice. 

15 (11) The Department of Labor. 

16 (12) The Department of State and United 

17 States Agency for International Development. 

18 (13) The Department of Transportation. 

19 (14) The Department of the Treasury. 

20 (15) The Department of Veterans Affairs. 

21 (16) The National Aeronautics and Space Ad22 ministration. 

23 (17) The National Science Foundation. 

24 (18) The Judiciary. 


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1 (19) With respect to amounts made available 

2 under the heading ‘‘Executive Office of the Presi3 dent and Funds Appropriated to the President’’, 

4 agencies funded under such heading. 

5 (20) The Federal Communications Commission. 

6 (21) The General Services Administration. 

7 (22) The Office of Personnel Management. 

8 (23) The National Archives and Records Ad9 ministration. 

10 (24) The Securities and Exchange Commission. 

11 (25) The Small Business Administration. 

12 (26) The Environmental Protection Agency. 

13 (27) The Indian Health Service. 

14 (28) The Smithsonian Institution. 

15 (29) The Social Security Administration. 

16 (30) The Corporation for National and Commu17 nity Service. 

18 (31) The Corporation for Public Broadcasting. 

19 (32) The Food and Drug Administration. 

20 (33) The Commodity Futures Trading Commis21 sion. 

22 (34) The Central Intelligence Agency. 

23 (35) The National Security Agency. 

24 (36) The National Reconnaissance Office. 

25 (37) The Defense Intelligence Agency. 


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1 (38) The National Geospatial Intelligence Agen2 cy. 

3 (39) The Office of the Director of National In4 telligence. 

5 SEC. 117. Not later than November 1, 2012, and 

6 each month thereafter through the month following the 

7 period covered by this joint resolution, the Director of the 

8 Office of Management and Budget shall submit to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate a report on all obligations incurred 

11 by each department and agency in the period covered by 

12 this joint resolution. Such report shall— 

13 (1) set forth obligations by account; 

14 (2) compare the obligations incurred in the pe15 riod covered by the report to the obligations incurred 

16 in the same period in fiscal year 2012; and 

17 (3) specify each executive branch account for 

18 which funds made available by this joint resolution 

19 are apportioned at a different rate for operations 

20 than the rate otherwise provided in section 101, with 

21 an estimate of the different rate otherwise provided 

22 in such section and the total obligations estimated to 

23 be incurred under this joint resolution for such ac24 count. 


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1 SEC. 118. Section 726(15) of division A of Public 

2 Law 112–55 shall be applied to amounts made available 

3 by this joint resolution without regard to the first proviso 

4 of such section. 

5 SEC. 119. Notwithstanding section 101, amounts are 

6 provided for ‘‘Department of Agriculture—Domestic Food 

7 Programs—Food and Nutrition Service—Commodity As8 sistance Program’’, at a rate for operations of 

9 $253,952,000, of which $186,935,000 shall be for the 

10 Commodity Supplemental Food Program. 

11 SEC. 120. (a) Amounts made available under section 

12 101 for ‘‘Department of Commerce—National Oceanic 

13 and Atmospheric Administration—Procurement, Acquisi14 tion and Construction’’ may be apportioned up to the rate 

15 for operations necessary to maintain the planned launch 

16 schedules for the Joint Polar Satellite System and the 

17 Geostationary Operational Environmental Satellite sys18 tem. 

19 (b) Not later than 30 days after the date of enact20 ment of this joint resolution, the Director of the Office 

21 of Management and Budget shall submit to the Commit22 tees on Appropriations of the House of Representatives 

23 and the Senate a plan to maintain the launch schedules 

24 and life cycle cost estimates established in fiscal year 2012 


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1 for the satellite systems described in subsection (a) and 

2 options for reducing costs, including management costs. 

3 SEC. 121. Through the earlier of the date specified 

4 in section 106(3) of this joint resolution or the date of 

5 the enactment of an Act authorizing appropriations for 

6 fiscal year 2013 for military activities of the Department 

7 of Defense, no appropriation or funds made available or 

8 authority granted pursuant to section 101 for the Depart9 ment of Defense shall be used to— 

10 (1) retire, divest, realign, or transfer aircraft of 

11 the Air Force; 

12 (2) disestablish or convert any unit associated 

13 with aircraft described in paragraph (1) or any unit 

14 of the Air National Guard or Air Force Reserve; or 

15 (3) retire C–23 Sherpa aircraft. 

16 SEC. 122. The authority provided by section 801 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2010 (Public Law 111–84; 123 Stat. 2399) shall continue 

19 in effect, notwithstanding subsection (f) of such section, 

20 through the earlier of the date specified in section 106(3) 

21 of this joint resolution or the date of the enactment of 

22 an Act authorizing appropriations for fiscal year 2013 for 

23 military activities of the Department of Defense. 

24 SEC. 123. The authority provided by section 

25 572(b)(4) of the National Defense Authorization Act for 


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1 Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) shall continue 

2 in effect through the earlier of the date specified in section 

3 106(3) of this joint resolution or the date of the enactment 

4 of an Act authorizing appropriations for fiscal year 2013 

5 for military activities of the Department of Defense. 

6 SEC. 124. In addition to any other transfer authority 

7 available to the Department of Defense, the Secretary of 

8 Defense may transfer an amount designated for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985 made available by 

12 this joint resolution for the Department of Defense be13 tween such appropriations, to be merged with and to be 

14 available for the same purposes, and the same time period, 

15 as the appropriation or fund to which transferred. The 

16 Secretary of Defense shall notify the congressional defense 

17 committees not fewer than 15 days prior to any transfer 

18 made pursuant to this section. 

19 SEC. 125. (a) Notwithstanding section 101, amounts 

20 are provided for ‘‘Department of Energy—National Nu21 clear Security Administration—Weapons Activities’’ at a 

22 rate for operations of $7,577,341,000. 

23 (b) Section 301(c) of title III of division B of Public 

24 Law 112–74 shall not apply to amounts made available 

25 by this section. 


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1 SEC. 126. In addition to the amounts otherwise made 

2 available by section 101 for ‘‘Department of Energy—Na3 tional Nuclear Security Administration—Defense Nuclear 

4 Nonproliferation’’, an additional amount is made available 

5 for domestic uranium enrichment research, development, 

6 and demonstration at a rate for operations of 

7 $100,000,000. 

8 SEC. 127. Section 14704 of title 40, United States 

9 Code, shall be applied to amounts made available by this 

10 joint resolution by substituting the date specified in sec11 tion 106(3) of this joint resolution for ‘‘October 1, 2012’’. 

12 SEC. 128. Notwithstanding any other provision of 

13 this joint resolution, except section 106, the District of 

14 Columbia may expend local funds under the heading ‘‘Dis15 trict of Columbia Funds’’ for such programs and activities 

16 under title IV of H.R. 6020 (112th Congress), as reported 

17 by the Committee on Appropriations of the House of Rep18 resentatives, at the rate set forth under ‘‘District of Co19 lumbia Funds—Summary of Expenses’’ as included in the 

20 Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 

21 19–381), as modified as of the date of the enactment of 

22 this joint resolution. 

23 SEC. 129. Notwithstanding section 101, amounts are 

24 provided for ‘‘District of Columbia—Federal Funds— 

25 Federal Payment for Emergency Planning and Security 


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1 Costs in the District of Columbia’’ at a rate for operations 

2 of $24,700,000, of which not less than $9,800,000 shall 

3 be used for costs associated with the Presidential Inau4 guration. 

5 SEC. 130. Notwithstanding section 101, amounts are 

6 provided for ‘‘General Services Administration—Ex7 penses, Presidential Transition’’ for necessary expenses to 

8 carry out the Presidential Transition Act of 1963 (3 

9 U.S.C. 102 note), at a rate for operations of $8,947,000, 

10 of which not to exceed $1,000,000 is for activities author11 ized by sections 3(a)(8) and (9) of such Act. 

12 SEC. 131. (a) Notwithstanding section 101, amounts 

13 are provided for ‘‘Executive Office of the President—Of14 fice of Administration—Presidential Transition Adminis15 trative Support’’ to carry out the Presidential Transition 

16 Act of 1963 (3 U.S.C. 102 note) at a rate for operations 

17 of $8,000,000. 

18 (b) Such funds may be transferred to other accounts 

19 in this joint resolution or any other Act that provide fund20 ing for offices within the Executive Office of the President 

21 and the Office of the Vice President to carry out the Presi22 dential Transition Act of 1963 (3 U.S.C. 102 note). 

23 SEC. 132. Notwithstanding section 101, the fifth pro24 viso under the heading ‘‘Federal Communications Com25 mission—Salaries and Expenses’’ in division C of Public 


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1 Law 112–74 shall be applied by substituting 

2 ‘‘$98,739,000’’ for ‘‘$85,000,000’’. 

3 SEC. 133. Notwithstanding any other provision of 

4 this joint resolution, amounts made available by section 

5 101 for ‘‘Department of the Treasury—Departmental Of6 fices—Salaries and Expenses’’ and ‘‘Department of the 

7 Treasury—Office of Inspector General—Salaries and Ex8 penses’’ may be used for activities in connection with sec9 tion 1602(e) of the Resources and Ecosystems Sustain10 ability, Tourist Opportunities, and Revived Economies of 

11 the Gulf Coast States Act of 2012 (subtitle F of title I 

12 of division A of Public Law 112–141). 

13 SEC. 134. Notwithstanding section 101, amounts are 

14 provided for ‘‘Office of Government Ethics—Salaries and 

15 Expenses’’ at a rate for operations of $18,664,000, of 

16 which $5,000,000 shall be for development and deploy17 ment of the centralized, publicly accessible database re18 quired in section 11(b) of the STOCK Act (Public Law 

19 112–105). 

20 SEC. 135. Notwithstanding section 101, amounts are 

21 provided for ‘‘Small Business Administration—Business 

22 Loans Program Account’’ for the cost of guaranteed loans 

23 as authorized by section 7(a) of the Small Business Act 

24 and section 503 of the Small Business Investment Act of 

25 1958 at a rate for operations of $333,600,000. 


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1 SEC. 136. (a) Amounts made available by this joint 

2 resolution for ‘‘Department of Homeland Security—U.S. 

3 Customs and Border Protection—Salaries and Expenses’’ 

4 shall be obligated at the rate for operations necessary to 

5 maintain the staffing levels (including by backfilling va6 cant positions) of Border Patrol agents, Customs and Bor7 der Protection officers, and Air and Marine interdiction 

8 agents in effect at the end of the fourth quarter of fiscal 

9 year 2012, or, with respect to Border Patrol agents, at 

10 such greater levels as may otherwise be required in the 

11 second proviso under the heading ‘‘U.S. Customs and Bor12 der Protection—Salaries and Expenses’’ in division D of 

13 Public Law 112–74. Any increase of the rate for oper14 ations for such purpose under this subsection shall be de15 rived by adjusting amounts otherwise made available with16 in such account by this joint resolution, without regard 

17 to the restrictions on reprogramming in section 503 of di18 vision D of Public Law 112–74. 

19 (b) Not later than 15 days after the date of the enact20 ment of this joint resolution, the Commissioner of U.S. 

21 Customs and Border Protection shall submit to the Com22 mittees on Appropriations of the House of Representatives 

23 and the Senate a detailed expenditure plan for ‘‘Depart24 ment of Homeland Security—U.S. Customs and Border 

25 Protection—Salaries and Expenses’’ at the program, 


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1 project, and activity level that specifies how the Commis2 sioner will maintain staffing levels as required under sub3 section (a) through the date specified in section 106(3) 

4 of this joint resolution. 

5 SEC. 137. (a) Notwithstanding section 101, amounts 

6 are provided for ‘‘Department of Homeland Security—Na7 tional Protection and Programs Directorate—Infrastruc8 ture Protection and Information Security’’ at a rate for 

9 operations of $1,170,243,000, of which $328,000,000 is 

10 for Network Security Deployment, and $218,000,000 is 

11 for Federal Network Security that may be obligated at a 

12 rate for operations necessary to establish and sustain es13 sential cybersecurity activities, including procurement and 

14 operations of continuous monitoring and diagnostics sys15 tems and intrusion detection systems for civilian Federal 

16 computer networks. 

17 (b) Not later than 15 days after the date of the enact18 ment of this joint resolution, the Secretary of Homeland 

19 Security shall submit to the Committees on Appropria20 tions of the House of Representatives and the Senate an 

21 expenditure plan for essential cybersecurity activities de22 scribed in subsection (a) of this section for the period 

23 through the date specified in section 106(3) of this joint 

24 resolution. 


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1 SEC. 138. The authority provided by section 532 of 

2 Public Law 109–295 shall continue in effect through the 

3 date specified in section 106(3) of this joint resolution. 

4 SEC. 139. Section 550(b) of Public Law 109–295 (6 

5 U.S.C. 121 note) shall be applied by substituting the date 

6 specified in section 106(3) of this joint resolution for ‘‘Oc7 tober 4, 2012’’. 

8 SEC. 140. (a) Notwithstanding section 101, amounts 

9 are provided for ‘‘Department of the Interior—Depart10 ment-wide Programs—Wildland Fire Management’’ at a 

11 rate for operations of $726,473,000. 

12 (b) In addition to the amounts provided under sub13 section (a), there is appropriated $23,000,000 for an addi14 tional amount for fiscal year 2013 for ‘‘Department of the 

15 Interior—Department-wide Programs—Wildland Fire 

16 Management’’, to remain available until expended, for re17 payment to other appropriations accounts from which 

18 funds were transferred in fiscal year 2012 for wildfire sup19 pression. 

20 SEC. 141. (a) Notwithstanding section 101, amounts 

21 are provided for ‘‘Department of Agriculture—Forest 

22 Service—Wildland Fire Management’’ at a rate for oper23 ations of $1,971,390,000. 

24 (b) In addition to the amounts provided under sub25 section (a), there is appropriated $400,000,000 for an adVerDate Mar 15 2010 00:53 Sep 11, 2012 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.IH HJ117

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1 ditional amount for fiscal year 2013 for ‘‘Department of 

2 Agriculture—Forest Service—Wildland Fire Manage3 ment’’, to remain available until expended, for repayment 

4 to other appropriations accounts from which funds were 

5 transferred in fiscal year 2012 for wildfire suppression. 

6 SEC. 142. Section 411(h)(4)(A) of the Surface Min7 ing Control and Reclamation Act of 1977 (30 U.S.C. 

8 1240a(h)(4)(A)) is amended to read as follows: 

9 ‘‘(A) IN GENERAL.—The annual amount 

10 allocated under subparagraph (A) or (B) of sec11 tion 402(g)(1) to any State or Indian tribe that 

12 makes a certification under subsection (a) of 

13 this section in which the Secretary concurs shall 

14 be reallocated and available for grants under 

15 section 402(g)(5).’’. 

16 SEC. 143. The authority provided by section 331 of 

17 the Department of the Interior and Related Agencies Ap18 propriations Act, 2000 (enacted by reference in section 

19 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) 

20 shall continue in effect through the date specified in sec21 tion 106(3) of this joint resolution. 

22 SEC. 144. (a) The following sections of the Federal 

23 Insecticide, Fungicide, and Rodenticide Act shall continue 

24 in effect through the date specified in section 106(3) of 

25 this joint resolution: 


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1 (1) Subparagraphs (C) through (E) of section 

2 4(i)(5) (7 U.S.C. 136a–1(i)(5)(C)-(E)); 

3 (2) Section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

4 and 

5 (3) Section 33(c)(3)(B) (7 U.S.C. 136w– 

6 8(c)(3)(B)). 

7 (b)(1) Section 4(i)(5)(H) of the Federal Insecticide, 

8 Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

9 1(i)(5)(H)) shall be applied by substituting the date speci10 fied in section 106(3) of this joint resolution for ‘‘Sep11 tember 30, 2012’’. 

12 (2) Notwithstanding section 33(m)(2) of the Federal 

13 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

14 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 

15 136w–8(m)(1)) shall be applied by substituting the date 

16 specified in section 106(3) of this joint resolution for 

17 ‘‘September 30, 2012’’. 

18 (c) Section 408(m)(3) of the Federal Food, Drug, 

19 and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied 

20 by substituting the date specified in section 106(3) of this 

21 joint resolution for ‘‘September 30, 2012’’. 

22 SEC. 145. Section 163 of Public Law 111–242, as 

23 amended by Public Law 111–322, is further amended— 

24 (a) in subsection (b), by striking ‘‘2012–2013’’ and 

25 inserting ‘‘2013–2014’’; and 


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1 (b) by inserting at the end the following: 

2 ‘‘(c) Not later than December 31, 2013, the Sec3 retary of Education shall submit a report to the Commit4 tees on Appropriations and Health, Education, Labor, and 

5 Pensions of the Senate and the Committees on Appropria6 tions and Education and the Workforce of the House of 

7 Representatives, using data required under existing law 

8 (section 1111(h)(6)(A) of Public Law 107–110) by State 

9 and each local educational agency, regarding the extent 

10 to which students in the following categories are taught 

11 by teachers who are deemed highly qualified pursuant to 

12 34 C.F.R. 200.56(a)(2)(ii) as published in the Federal 

13 Register on December 2, 2002: 

14 ‘‘(1) Students with disabilities. 

15 ‘‘(2) English Learners. 

16 ‘‘(3) Students in rural areas. 

17 ‘‘(4) Students from low-income families.’’. 

18 SEC. 146. The first proviso under the heading ‘‘De19 partment of Health and Human Services—Administration 

20 for Children and Families—Low Income Home Energy 

21 Assistance’’ in division F of Public Law 112–74 shall be 

22 applied to amounts made available by this joint resolution 

23 by substituting ‘‘2013’’ for ‘‘2012’’. 

24 SEC. 147. Notwithstanding section 101, amounts are 

25 provided for ‘‘Department of Health and Human ServVerDate Mar 15 2010 00:53 Sep 11, 2012 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.IH HJ117

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1 ices—Administration for Children and Families—Refugee 

2 and Entrant Assistance’’ at a rate for operations of 

3 $900,000,000. Amounts made available by this section 

4 may be obligated up to a rate for operations necessary 

5 to maintain program operations at the level provided in 

6 fiscal year 2012, as necessary to accommodate increased 

7 demand. 

8 SEC. 148. Activities authorized by part A of title IV 

9 and section 1108(b) of the Social Security Act shall con10 tinue through the date specified in section 106(3) of this 

11 joint resolution, in the manner authorized for fiscal year 

12 2012, and out of any money in the Treasury of the United 

13 States not otherwise appropriated, there are hereby appro14 priated such sums as may be necessary for such purpose. 

15 Grants and payments may be made pursuant to this au16 thority on a quarterly basis through the second quarter 

17 of fiscal year 2013 at the level provided for such activities 

18 for the corresponding quarter of fiscal year 2012. 

19 SEC. 149. Notwithstanding any other provision of 

20 this joint resolution, there is appropriated for payment to 

21 the heirs at law of Donald M. Payne, late a Representative 

22 from the State of New Jersey, $174,000. 

23 SEC. 150. Notwithstanding section 101, amounts are 

24 provided for ‘‘Department of Veterans Affairs—Depart25 mental Administration—General Operating Expenses, 


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1 Veterans Benefits Administration’’ at a rate for operations 

2 of $2,164,074,000. 

3 SEC. 151. The authority provided by section 315(b) 

4 of title 38, United States Code, shall continue in effect 

5 through the date specified in section 106(3) of this joint 

6 resolution. 

7 SEC. 152. (a) Section 120 of division C of Public Law 

8 112–55 shall not apply to amounts made available by this 

9 joint resolution. 

10 (b) During the period covered by this joint resolution, 

11 section 1102 of Public Law 112–141 shall be applied— 

12 (1) in subsection (a)(1), by substituting 

13 ‘‘$39,143,582,670’’ for ‘‘$39,699,000,000’’; 

14 (2) in subsection (b)(10), as if the limitation 

15 applicable through fiscal year 2011 applied through 

16 fiscal year 2012; and 

17 (3) in subsection (c)(5), by treating the ref18 erence to section 204 of title 23, United States 

19 Code, as a reference to sections 202 and 204 of such 

20 title. 

21 SEC. 153. The matter under the heading ‘‘Depart22 ment of Transportation—National Highway Traffic Safe23 ty Administration—Highway Traffic Safety Grants’’ in di24 vision C of Public Law 112–55 shall be applied to amounts 

25 made available by this joint resolution by treating each 


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1 reference to section 2001(a)(11) of Public Law 109–59 

2 under such heading as a reference to section 31101(a)(6) 

3 of Public Law 112–141. 

4 SEC. 154. The matter under the heading ‘‘Depart5 ment of Transportation—Federal Transit Administra6 tion—Formula and Bus Grants’’ in division C of Public 

7 Law 112–55 shall be applied to amounts made available 

8 by this joint resolution by substituting ‘‘49 U.S.C. 5305, 

9 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 

10 5340’’ for ‘‘49 U.S.C. 5305, 5307, 5308, 5309, 5310, 

11 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and sec12 tion 3038 of Public Law 105–178, as amended’’ each 

13 place it appears. 

14 SEC. 155. Section 601(e)(1)(B) of division B of Pub15 lic Law 110–432 shall be applied by substituting the date 

16 specified in section 106(3) of this joint resolution for ‘‘4 

17 years after such date’’. 

18 This joint resolution may be cited as the ‘‘Continuing 

19 Appropriations Resolution, 2013’’. 

Æ 


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