II 

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. 

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: 

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

10 at a rate for operations as provided in the applicable ap11 propriations Acts for fiscal year 2012 and under the auVerDate Mar 15 2010 22:13 Sep 19, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.PCS HJ117

srobinson on DSK4SPTVN1PROD with BILLS
2 

HJ 117 PCS 

1 thority and conditions provided in such Acts, for con2 tinuing projects or activities (including the costs of direct 

3 loans and loan guarantees) that are not otherwise specifi4 cally provided for in this joint resolution, that were con5 ducted in fiscal year 2012, and for which appropriations, 

6 funds, or other authority were made available in the fol7 lowing appropriations Acts: 

8 (1) The Agriculture, Rural Development, Food 

9 and Drug Administration, and Related Agencies Ap10 propriations Act, 2012 (division A of Public Law 

11 112–55), except for the appropriations designated by 

12 the Congress as being for disaster relief in section 

13 735 of such Act. 

14 (2) The Commerce, Justice, Science, and Re15 lated Agencies Appropriations Act, 2012 (division B 

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

17 designated by the Congress as being for disaster re18 lief in the second paragraph under the heading ‘‘De19 partment of Commerce—Economic Development Ad20 ministration—Economic Development Assistance 

21 Programs’’ in such Act. 

22 (3) The Department of Defense Appropriations 

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


srobinson on DSK4SPTVN1PROD with BILLS
3 

HJ 117 PCS 

1 (4) The Energy and Water Development Appro2 priations Act, 2012 (division B of Public Law 112– 

3 74). 

4 (5) The Financial Services and General Govern5 ment Appropriations Act, 2012 (division C of Public 

6 Law 112–74). 

7 (6) The Department of Homeland Security Ap8 propriations Act, 2012 (division D of Public Law 

9 112–74). 

10 (7) The Department of the Interior, Environ11 ment, and Related Agencies Appropriations Act, 

12 2012 (division E of Public Law 112–74). 

13 (8) The Departments of Labor, Health and 

14 Human Services, and Education, and Related Agen15 cies Appropriations Act, 2012 (division F of Public 

16 Law 112–74). 

17 (9) The Legislative Branch Appropriations Act, 

18 2012 (division G of Public Law 112–74). 

19 (10) The Military Construction and Veterans 

20 Affairs and Related Agencies Appropriations Act, 

21 2012 (division H of Public Law 112–74). 

22 (11) The Department of State, Foreign Oper23 ations, and Related Programs Appropriations Act, 

24 2012 (division I of Public Law 112–74). 


srobinson on DSK4SPTVN1PROD with BILLS
4 

HJ 117 PCS 

1 (12) The Transportation, Housing and Urban 

2 Development, and Related Agencies Appropriations 

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

4 for the appropriations designated by the Congress as 

5 being for disaster relief under the heading ‘‘Depart6 ment of Transportation—Federal Highway Adminis7 tration—Emergency Relief’’ and in the last proviso 

8 of section 239 of such Act. 

9 (13) The Disaster Relief Appropriations Act, 

10 2012 (Public Law 112–77), except for appropria11 tions under the heading ‘‘Corps of Engineers-Civil’’. 

12 (b) Whenever an amount designated for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985 (in this section 

16 referred to as an ‘‘OCO/GWOT amount’’) in an Act de17 scribed in paragraph (3) or (10) of subsection (a) that 

18 would be made available for a project or activity is dif19 ferent from the amount requested in the President’s fiscal 

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

21 continued at a rate for operations that would be permitted 

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

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

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

25 is hereby increased by 0.612 percent. Such increase shall 


srobinson on DSK4SPTVN1PROD with BILLS
5 

HJ 117 PCS 

1 not apply to OCO/GWOT amounts or to amounts incor2 porated in this joint resolution by reference to the Disaster 

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

4 SEC. 102. (a) No appropriation or funds made avail5 able or authority granted pursuant to section 101 for the 

6 Department of Defense shall be used for: (1) the new pro7 duction of items not funded for production in fiscal year 

8 2012 or prior years; (2) the increase in production rates 

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

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

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

12 subproject, activity, budget activity, program element, and 

13 subprogram within a program element, and for any invest14 ment items defined as a P–1 line item in a budget activity 

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

16 includes a program element and subprogram element with17 in an appropriation account) for which appropriations, 

18 funds, or other authority were not available during fiscal 

19 year 2012. 

20 (b) No appropriation or funds made available or au21 thority granted pursuant to section 101 for the Depart22 ment of Defense shall be used to initiate multi-year pro23 curements utilizing advance procurement funding for eco24 nomic order quantity procurement unless specifically ap25 propriated later. 


srobinson on DSK4SPTVN1PROD with BILLS
6 

HJ 117 PCS 

1 SEC. 103. Appropriations made by section 101 shall 

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

3 be provided by the pertinent appropriations Act. 

4 SEC. 104. Except as otherwise provided in section 

5 102, no appropriation or funds made available or author6 ity granted pursuant to section 101 shall be used to ini7 tiate or resume any project or activity for which appro8 priations, funds, or other authority were not available dur9 ing fiscal year 2012. 

10 SEC. 105. Appropriations made and authority grant11 ed pursuant to this joint resolution shall cover all obliga12 tions or expenditures incurred for any project or activity 

13 during the period for which funds or authority for such 

14 project or activity are available under this joint resolution. 

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

16 resolution or in the applicable appropriations Act for fiscal 

17 year 2013, appropriations and funds made available and 

18 authority granted pursuant to this joint resolution shall 

19 be available until whichever of the following first occurs: 

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

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

22 the enactment into law of the applicable appropriations 

23 Act for fiscal year 2013 without any provision for such 

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


srobinson on DSK4SPTVN1PROD with BILLS
7 

HJ 117 PCS 

1 SEC. 107. Expenditures made pursuant to this joint 

2 resolution shall be charged to the applicable appropriation, 

3 fund, or authorization whenever a bill in which such appli4 cable appropriation, fund, or authorization is contained is 

5 enacted into law. 

6 SEC. 108. Appropriations made and funds made 

7 available by or authority granted pursuant to this joint 

8 resolution may be used without regard to the time limita9 tions for submission and approval of apportionments set 

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

11 nothing in this joint resolution may be construed to waive 

12 any other provision of law governing the apportionment 

13 of funds. 

14 SEC. 109. Notwithstanding any other provision of 

15 this joint resolution, except section 106, for those pro16 grams that would otherwise have high initial rates of oper17 ation or complete distribution of appropriations at the be18 ginning of fiscal year 2013 because of distributions of 

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

20 such high initial rates of operation or complete distribu21 tion shall not be made, and no grants shall be awarded 

22 for such programs funded by this joint resolution that 

23 would impinge on final funding prerogatives. 

24 SEC. 110. This joint resolution shall be implemented 

25 so that only the most limited funding action of that perVerDate Mar 15 2010 22:13 Sep 19, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.PCS HJ117

srobinson on DSK4SPTVN1PROD with BILLS
8 

HJ 117 PCS 

1 mitted in the joint resolution shall be taken in order to 

2 provide for continuation of projects and activities. 

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

4 payments whose budget authority was provided in appro5 priations Acts for fiscal year 2012, and for activities under 

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

7 continued at the rate to maintain program levels under 

8 current law, under the authority and conditions provided 

9 in the applicable appropriations Act for fiscal year 2012, 

10 to be continued through the date specified in section 

11 106(3). 

12 (b) Notwithstanding section 106, obligations for man13 datory payments due on or about the first day of any 

14 month that begins after October 2012 but not later than 

15 30 days after the date specified in section 106(3) may con16 tinue to be made, and funds shall be available for such 

17 payments. 

18 SEC. 112. Amounts made available under section 101 

19 for civilian personnel compensation and benefits in each 

20 department and agency may be apportioned up to the rate 

21 for operations necessary to avoid furloughs within such de22 partment or agency, consistent with the applicable appro23 priations Act for fiscal year 2012, except that such author24 ity provided under this section shall not be used until after 

25 the department or agency has taken all necessary actions 


srobinson on DSK4SPTVN1PROD with BILLS
9 

HJ 117 PCS 

1 to reduce or defer non-personnel-related administrative ex2 penses. 

3 SEC. 113. Funds appropriated by this joint resolution 

4 may be obligated and expended notwithstanding section 10 

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

6 the State Department Basic Authorities Act of 1956 (22 

7 U.S.C. 2680), section 313 of the Foreign Relations Au8 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

9 6212), and section 504(a)(1) of the National Security Act 

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

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

12 as added by Public Law 111–322, shall be applied by sub13 stituting the date specified in section 106(3) of this joint 

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

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

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

17 of the Continuing Appropriations Act, 2011 (Public Law 

18 111–242)) otherwise scheduled to take effect during fiscal 

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

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

21 of the first applicable pay period beginning after the date 

22 specified in section 106(3). 

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

24 in this joint resolution that was previously designated by 

25 the Congress for Overseas Contingency Operations/Global 


srobinson on DSK4SPTVN1PROD with BILLS
10 

HJ 117 PCS 

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

2 Balanced Budget and Emergency Deficit Control Act of 

3 1985 or as being for disaster relief pursuant to section 

4 251(b)(2)(D) of such Act is designated by the Congress 

5 for Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A) of such Act or 

7 as being for disaster relief pursuant to section 

8 251(b)(2)(D) of such Act, respectively. 

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

10 ‘‘Social Security Administration—Limitation on Adminis11 trative Expenses’’, $483,484,000 is additional new budget 

12 authority specified for purposes of subsection 

13 251(b)(2)(B) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

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

16 amounts designated in subsection (a) for Overseas Contin17 gency Operations/Global War on Terrorism. 

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

19 of the enactment of this joint resolution, each department 

20 and agency in subsection (c) shall submit to the Commit21 tees on Appropriations of the House of Representatives 

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

23 in section 106(3) of this joint resolution, a spending, ex24 penditure, or operating plan— 


srobinson on DSK4SPTVN1PROD with BILLS
11 

HJ 117 PCS 

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

2 national intelligence programs funded in the Department 

3 of Defense Appropriations Act, at the expenditure center 

4 and project level); or 

5 (2) as applicable, at any greater level of detail re6 quired for funds covered by such a plan in an appropria7 tions Act referred to in section 101, in the joint explana8 tory statement accompanying such Act, or in committee 

9 report language incorporated by reference in such joint ex10 planatory statement. 

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

12 any sequestration is ordered by the President under sec13 tion 251A of the Balanced Budget and Emergency Deficit 

14 Control Act of 1985, each department and agency in sub15 section (c) shall submit to the Committees on Appropria16 tions of the House of Representatives and the Senate the 

17 spending, expenditure, or operating plan required under 

18 subsection (a), updated to reflect any adjustments to fund19 ing as a result of the sequestration and any extension of 

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

21 (c) The departments and agencies to which this sec22 tion applies are as follows: 

23 (1) The Department of Agriculture. 

24 (2) The Department of Commerce. 

25 (3) The Department of Defense. 


srobinson on DSK4SPTVN1PROD with BILLS
12 

HJ 117 PCS 

1 (4) The Department of Education. 

2 (5) The Department of Energy. 

3 (6) The Department of Health and Human Services. 

4 (7) The Department of Homeland Security. 

5 (8) The Department of Housing and Urban Develop6 ment. 

7 (9) The Department of the Interior. 

8 (10) The Department of Justice. 

9 (11) The Department of Labor. 

10 (12) The Department of State and United States 

11 Agency for International Development. 

12 (13) The Department of Transportation. 

13 (14) The Department of the Treasury. 

14 (15) The Department of Veterans Affairs. 

15 (16) The National Aeronautics and Space Adminis16 tration. 

17 (17) The National Science Foundation. 

18 (18) The Judiciary. 

19 (19) With respect to amounts made available under 

20 the heading ‘‘Executive Office of the President and Funds 

21 Appropriated to the President’’, agencies funded under 

22 such heading. 

23 (20) The Federal Communications Commission. 

24 (21) The General Services Administration. 

25 (22) The Office of Personnel Management. 


srobinson on DSK4SPTVN1PROD with BILLS
13 

HJ 117 PCS 

1 (23) The National Archives and Records Administra2 tion. 

3 (24) The Securities and Exchange Commission. 

4 (25) The Small Business Administration. 

5 (26) The Environmental Protection Agency. 

6 (27) The Indian Health Service. 

7 (28) The Smithsonian Institution. 

8 (29) The Social Security Administration. 

9 (30) The Corporation for National and Community 

10 Service. 

11 (31) The Corporation for Public Broadcasting. 

12 (32) The Food and Drug Administration. 

13 (33) The Commodity Futures Trading Commission. 

14 (34) The Central Intelligence Agency. 

15 (35) The National Security Agency. 

16 (36) The National Reconnaissance Office. 

17 (37) The Defense Intelligence Agency. 

18 (38) The National Geospatial Intelligence Agency. 

19 (39) The Office of the Director of National Intel20 ligence. 

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

22 each month thereafter through the month following the 

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

24 Office of Management and Budget shall submit to the 

25 Committees on Appropriations of the House of RepresentVerDate Mar 15 2010 22:13 Sep 19, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.PCS HJ117

srobinson on DSK4SPTVN1PROD with BILLS
14 

HJ 117 PCS 

1 atives and the Senate a report on all obligations incurred 

2 by each department and agency in the period covered by 

3 this joint resolution. Such report shall— 

4 (1) set forth obligations by account; 

5 (2) compare the obligations incurred in the pe6 riod covered by the report to the obligations incurred 

7 in the same period in fiscal year 2012; and 

8 (3) specify each executive branch account for 

9 which funds made available by this joint resolution 

10 are apportioned at a different rate for operations 

11 than the rate otherwise provided in section 101, with 

12 an estimate of the different rate otherwise provided 

13 in such section and the total obligations estimated to 

14 be incurred under this joint resolution for such ac15 count. 

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

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

18 by this joint resolution without regard to the first proviso 

19 of such section. 

20 SEC. 119. Notwithstanding section 101, amounts are 

21 provided for ‘‘Department of Agriculture—Domestic Food 

22 Programs—Food and Nutrition Service—Commodity As23 sistance Program’’, at a rate for operations of 

24 $253,952,000, of which $186,935,000 shall be for the 

25 Commodity Supplemental Food Program. 


srobinson on DSK4SPTVN1PROD with BILLS
15 

HJ 117 PCS 

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

2 101 for ‘‘Department of Commerce—National Oceanic 

3 and Atmospheric Administration—Procurement, Acquisi4 tion and Construction’’ may be apportioned up to the rate 

5 for operations necessary to maintain the planned launch 

6 schedules for the Joint Polar Satellite System and the 

7 Geostationary Operational Environmental Satellite sys8 tem. 

9 (b) Not later than 30 days after the date of enact10 ment of this joint resolution, the Director of the Office 

11 of Management and Budget shall submit to the Commit12 tees on Appropriations of the House of Representatives 

13 and the Senate a plan to maintain the launch schedules 

14 and life cycle cost estimates established in fiscal year 2012 

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

16 options for reducing costs, including management costs. 

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

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

19 the enactment of an Act authorizing appropriations for 

20 fiscal year 2013 for military activities of the Department 

21 of Defense, no appropriation or funds made available or 

22 authority granted pursuant to section 101 for the Depart23 ment of Defense shall be used to— 

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

25 the Air Force; 


srobinson on DSK4SPTVN1PROD with BILLS
16 

HJ 117 PCS 

1 (2) disestablish or convert any unit associated 

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

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

4 (3) retire C–23 Sherpa aircraft. 

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

6 the National Defense Authorization Act for Fiscal Year 

7 2010 (Public Law 111–84; 123 Stat. 2399) shall continue 

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

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

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

11 an Act authorizing appropriations for fiscal year 2013 for 

12 military activities of the Department of Defense. 

13 SEC. 123. The authority provided by section 

14 572(b)(4) of the National Defense Authorization Act for 

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

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

17 106(3) of this joint resolution or the date of the enactment 

18 of an Act authorizing appropriations for fiscal year 2013 

19 for military activities of the Department of Defense. 

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

21 available to the Department of Defense, the Secretary of 

22 Defense may transfer an amount designated for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985 made available by 


srobinson on DSK4SPTVN1PROD with BILLS
17 

HJ 117 PCS 

1 this joint resolution for the Department of Defense be2 tween such appropriations, to be merged with and to be 

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

4 as the appropriation or fund to which transferred. The 

5 Secretary of Defense shall notify the congressional defense 

6 committees not fewer than 15 days prior to any transfer 

7 made pursuant to this section. 

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

9 are provided for ‘‘Department of Energy—National Nu10 clear Security Administration—Weapons Activities’’ at a 

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

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

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

14 by this section. 

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

16 available by section 101 for ‘‘Department of Energy—Na17 tional Nuclear Security Administration—Defense Nuclear 

18 Nonproliferation’’, an additional amount is made available 

19 for domestic uranium enrichment research, development, 

20 and demonstration at a rate for operations of 

21 $100,000,000. 

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

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

24 joint resolution by substituting the date specified in sec25 tion 106(3) of this joint resolution for ‘‘October 1, 2012’’. 


srobinson on DSK4SPTVN1PROD with BILLS
18 

HJ 117 PCS 

1 SEC. 128. Notwithstanding any other provision of 

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

3 Columbia may expend local funds under the heading ‘‘Dis4 trict of Columbia Funds’’ for such programs and activities 

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

6 by the Committee on Appropriations of the House of Rep7 resentatives, at the rate set forth under ‘‘District of Co8 lumbia Funds—Summary of Expenses’’ as included in the 

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

10 19–381), as modified as of the date of the enactment of 

11 this joint resolution. 

12 SEC. 129. Notwithstanding section 101, amounts are 

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

14 Federal Payment for Emergency Planning and Security 

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

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

17 be used for costs associated with the Presidential Inau18 guration. 

19 SEC. 130. Notwithstanding section 101, amounts are 

20 provided for ‘‘General Services Administration—Ex21 penses, Presidential Transition’’ for necessary expenses to 

22 carry out the Presidential Transition Act of 1963 (3 

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

24 of which not to exceed $1,000,000 is for activities author25 ized by sections 3(a)(8) and (9) of such Act. 


srobinson on DSK4SPTVN1PROD with BILLS
19 

HJ 117 PCS 

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

2 are provided for ‘‘Executive Office of the President—Of3 fice of Administration—Presidential Transition Adminis4 trative Support’’ to carry out the Presidential Transition 

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

6 of $8,000,000. 

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

8 in this joint resolution or any other Act that provide fund9 ing for offices within the Executive Office of the President 

10 and the Office of the Vice President to carry out the Presi11 dential Transition Act of 1963 (3 U.S.C. 102 note). 

12 SEC. 132. Notwithstanding section 101, the fifth pro13 viso under the heading ‘‘Federal Communications Com14 mission—Salaries and Expenses’’ in division C of Public 

15 Law 112–74 shall be applied by substituting 

16 ‘‘$98,739,000’’ for ‘‘$85,000,000’’. 

17 SEC. 133. Notwithstanding any other provision of 

18 this joint resolution, amounts made available by section 

19 101 for ‘‘Department of the Treasury—Departmental Of20 fices—Salaries and Expenses’’ and ‘‘Department of the 

21 Treasury—Office of Inspector General—Salaries and Ex22 penses’’ may be used for activities in connection with sec23 tion 1602(e) of the Resources and Ecosystems Sustain24 ability, Tourist Opportunities, and Revived Economies of 


srobinson on DSK4SPTVN1PROD with BILLS
20 

HJ 117 PCS 

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

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

3 SEC. 134. Notwithstanding section 101, amounts are 

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

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

6 which $5,000,000 shall be for development and deploy7 ment of the centralized, publicly accessible database re8 quired in section 11(b) of the STOCK Act (Public Law 

9 112–105). 

10 SEC. 135. Notwithstanding section 101, amounts are 

11 provided for ‘‘Small Business Administration—Business 

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

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

14 and section 503 of the Small Business Investment Act of 

15 1958 at a rate for operations of $333,600,000. 

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

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

18 Customs and Border Protection—Salaries and Expenses’’ 

19 shall be obligated at the rate for operations necessary to 

20 maintain the staffing levels (including by backfilling va21 cant positions) of Border Patrol agents, Customs and Bor22 der Protection officers, and Air and Marine interdiction 

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

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

25 such greater levels as may otherwise be required in the 


srobinson on DSK4SPTVN1PROD with BILLS
21 

HJ 117 PCS 

1 second proviso under the heading ‘‘U.S. Customs and Bor2 der Protection—Salaries and Expenses’’ in division D of 

3 Public Law 112–74. Any increase of the rate for oper4 ations for such purpose under this subsection shall be de5 rived by adjusting amounts otherwise made available with6 in such account by this joint resolution, without regard 

7 to the restrictions on reprogramming in section 503 of di8 vision D of Public Law 112–74. 

9 (b) Not later than 15 days after the date of the enact10 ment of this joint resolution, the Commissioner of U.S. 

11 Customs and Border Protection shall submit to the Com12 mittees on Appropriations of the House of Representatives 

13 and the Senate a detailed expenditure plan for ‘‘Depart14 ment of Homeland Security—U.S. Customs and Border 

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

16 project, and activity level that specifies how the Commis17 sioner will maintain staffing levels as required under sub18 section (a) through the date specified in section 106(3) 

19 of this joint resolution. 

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

21 are provided for ‘‘Department of Homeland Security—Na22 tional Protection and Programs Directorate—Infrastruc23 ture Protection and Information Security’’ at a rate for 

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

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


srobinson on DSK4SPTVN1PROD with BILLS
22 

HJ 117 PCS 

1 for Federal Network Security that may be obligated at a 

2 rate for operations necessary to establish and sustain es3 sential cybersecurity activities, including procurement and 

4 operations of continuous monitoring and diagnostics sys5 tems and intrusion detection systems for civilian Federal 

6 computer networks. 

7 (b) Not later than 15 days after the date of the enact8 ment of this joint resolution, the Secretary of Homeland 

9 Security shall submit to the Committees on Appropria10 tions of the House of Representatives and the Senate an 

11 expenditure plan for essential cybersecurity activities de12 scribed in subsection (a) of this section for the period 

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

14 resolution. 

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

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

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

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

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

20 specified in section 106(3) of this joint resolution for ‘‘Oc21 tober 4, 2012’’. 

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

23 are provided for ‘‘Department of the Interior—Depart24 ment-wide Programs—Wildland Fire Management’’ at a 

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


srobinson on DSK4SPTVN1PROD with BILLS
23 

HJ 117 PCS 

1 (b) In addition to the amounts provided under sub2 section (a), there is appropriated $23,000,000 for an addi3 tional amount for fiscal year 2013 for ‘‘Department of the 

4 Interior—Department-wide Programs—Wildland Fire 

5 Management’’, to remain available until expended, for re6 payment to other appropriations accounts from which 

7 funds were transferred in fiscal year 2012 for wildfire sup8 pression. 

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

10 are provided for ‘‘Department of Agriculture—Forest 

11 Service—Wildland Fire Management’’ at a rate for oper12 ations of $1,971,390,000. 

13 (b) In addition to the amounts provided under sub14 section (a), there is appropriated $400,000,000 for an ad15 ditional amount for fiscal year 2013 for ‘‘Department of 

16 Agriculture—Forest Service—Wildland Fire Manage17 ment’’, to remain available until expended, for repayment 

18 to other appropriations accounts from which funds were 

19 transferred in fiscal year 2012 for wildfire suppression. 

20 SEC. 142. Section 411(h)(4)(A) of the Surface Min21 ing Control and Reclamation Act of 1977 (30 U.S.C. 

22 1240a(h)(4)(A)) is amended to read as follows: 

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

24 allocated under subparagraph (A) or (B) of sec25 tion 402(g)(1) to any State or Indian tribe that 


srobinson on DSK4SPTVN1PROD with BILLS
24 

HJ 117 PCS 

1 makes a certification under subsection (a) of 

2 this section in which the Secretary concurs shall 

3 be reallocated and available for grants under 

4 section 402(g)(5).’’. 

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

6 the Department of the Interior and Related Agencies Ap7 propriations Act, 2000 (enacted by reference in section 

8 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) 

9 shall continue in effect through the date specified in sec10 tion 106(3) of this joint resolution. 

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

12 Insecticide, Fungicide, and Rodenticide Act shall continue 

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

14 this joint resolution— 

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

16 4(i)(5) (7 U.S.C. 136a–1(i)(5)(C)–(E)); 

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

18 and 

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

20 8(c)(3)(B)). 

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

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

23 1(i)(5)(H)) shall be applied by substituting the date speci24 fied in section 106(3) of this joint resolution for ‘‘Sep25 tember 30, 2012’’. 


srobinson on DSK4SPTVN1PROD with BILLS
25 

HJ 117 PCS 

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

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

3 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 

4 136w–8(m)(1)) shall be applied by substituting the date 

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

6 ‘‘September 30, 2012’’. 

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

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

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

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

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

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

13 (1) in subsection (b), by striking ‘‘2012–2013’’ 

14 and inserting ‘‘2013–2014’’; and 

15 (2) by inserting at the end the following: 

16 ‘‘(c) Not later than December 31, 2013, the Sec17 retary of Education shall submit a report to the Commit18 tees on Appropriations and Health, Education, Labor, and 

19 Pensions of the Senate and the Committees on Appropria20 tions and Education and the Workforce of the House of 

21 Representatives, using data required under existing law 

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

23 and each local educational agency, regarding the extent 

24 to which students in the following categories are taught 

25 by teachers who are deemed highly qualified pursuant to 


srobinson on DSK4SPTVN1PROD with BILLS
26 

HJ 117 PCS 

1 34 CFR 200.56(a)(2)(ii) as published in the Federal Reg2 ister on December 2, 2002: 

3 ‘‘(1) Students with disabilities. 

4 ‘‘(2) English Learners. 

5 ‘‘(3) Students in rural areas. 

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

7 SEC. 146. The first proviso under the heading ‘‘De8 partment of Health and Human Services—Administration 

9 for Children and Families—Low Income Home Energy 

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

11 applied to amounts made available by this joint resolution 

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

13 SEC. 147. Notwithstanding section 101, amounts are 

14 provided for ‘‘Department of Health and Human Serv15 ices—Administration for Children and Families—Refugee 

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

17 $900,000,000. Amounts made available by this section 

18 may be obligated up to a rate for operations necessary 

19 to maintain program operations at the level provided in 

20 fiscal year 2012, as necessary to accommodate increased 

21 demand. 

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

23 and section 1108(b) of the Social Security Act shall con24 tinue through the date specified in section 106(3) of this 

25 joint resolution, in the manner authorized for fiscal year 


srobinson on DSK4SPTVN1PROD with BILLS
27 

HJ 117 PCS 

1 2012, and out of any money in the Treasury of the United 

2 States not otherwise appropriated, there are hereby appro3 priated such sums as may be necessary for such purpose. 

4 Grants and payments may be made pursuant to this au5 thority on a quarterly basis through the second quarter 

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

7 for the corresponding quarter of fiscal year 2012. 

8 SEC. 149. Notwithstanding any other provision of 

9 this joint resolution, there is appropriated for payment to 

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

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

12 SEC. 150. Notwithstanding section 101, amounts are 

13 provided for ‘‘Department of Veterans Affairs—Depart14 mental Administration—General Operating Expenses, 

15 Veterans Benefits Administration’’ at a rate for operations 

16 of $2,164,074,000. 

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

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

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

20 resolution. 

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

22 112–55 shall not apply to amounts made available by this 

23 joint resolution. 

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

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


srobinson on DSK4SPTVN1PROD with BILLS
28 

HJ 117 PCS 

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

2 ‘‘$39,143,582,670’’ for ‘‘$39,699,000,000’’; 

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

4 applicable through fiscal year 2011 applied through 

5 fiscal year 2012; and 

6 (3) in subsection (c)(5), by treating the ref7 erence to section 204 of title 23, United States 

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

9 title. 

10 SEC. 153. The matter under the heading ‘‘Depart11 ment of Transportation—National Highway Traffic Safe12 ty Administration—Highway Traffic Safety Grants’’ in di13 vision C of Public Law 112–55 shall be applied to amounts 

14 made available by this joint resolution by treating each 

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

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

17 of Public Law 112–141. 

18 SEC. 154. The matter under the heading ‘‘Depart19 ment of Transportation—Federal Transit Administra20 tion—Formula and Bus Grants’’ in division C of Public 

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

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

23 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 

24 5340’’ for ‘‘49 U.S.C. 5305, 5307, 5308, 5309, 5310, 

25 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and secVerDate Mar 15 2010 22:13 Sep 19, 2012 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\HJ117.PCS HJ117

srobinson on DSK4SPTVN1PROD with BILLS
29 

HJ 117 PCS 

1 tion 3038 of Public Law 105–178, as amended’’ each 

2 place it appears. 

3 SEC. 155. Section 601(e)(1)(B) of division B of Pub4 lic Law 110–432 shall be applied by substituting the date 

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

6 years after such date’’. 

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

8 Appropriations Resolution, 2013’’. 

Passed the House of Representatives September 13, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


srobinson on DSK4SPTVN1PROD with BILLS
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 


srobinson on DSK4SPTVN1PROD with BILLS