IA 

112TH CONGRESS 

1ST SESSION H. J. RES. 79 

Making continuing appropriations for fiscal year 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2011 

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

referred to the Committee on Appropriations, and in addition to the Committees on the Budget and Ways and Means, 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 2012, 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 2012, 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 2011 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 2011, and for which appropriations, 

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

11 (1) The Department of Defense Appropriations 

12 Act, 2011 (division A of Public Law 112–10). 

13 (2) The Full-Year Continuing Appropriations 

14 Act, 2011 (division B of Public Law 112–10). 

15 (b) The rate for operations provided by subsection (a) 

16 is hereby reduced by 1.409 percent. 

17 SEC. 102. (a) No appropriation or funds made avail18 able or authority granted pursuant to section 101 for the 

19 Department of Defense shall be used for (1) the new pro20 duction of items not funded for production in fiscal year 

21 2011 or prior years; (2) the increase in production rates 

22 above those sustained with fiscal year 2011 funds; or (3) 

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

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

25 subproject, activity, budget activity, program element, and 


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1 subprogram within a program element, and for any invest2 ment items defined as a P–1 line item in a budget activity 

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

4 includes a program element and subprogram element with5 in an appropriation account) for which appropriations, 

6 funds, or other authority were not available during fiscal 

7 year 2011. 

8 (b) No appropriation or funds made available or au9 thority granted pursuant to section 101 for the Depart10 ment of Defense shall be used to initiate multi-year pro11 curements utilizing advance procurement funding for eco12 nomic order quantity procurement unless specifically ap13 propriated later. 

14 SEC. 103. Appropriations made by section 101 shall 

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

16 be provided by the pertinent appropriations Act. 

17 SEC. 104. Except as otherwise provided in section 

18 102, no appropriation or funds made available or author19 ity granted pursuant to section 101 shall be used to ini20 tiate or resume any project or activity for which appro21 priations, funds, or other authority were not available dur22 ing fiscal year 2011. 

23 SEC. 105. Appropriations made and authority grant24 ed pursuant to this joint resolution shall cover all obliga25 tions or expenditures incurred for any project or activity 


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1 during the period for which funds or authority for such 

2 project or activity are available under this joint resolution. 

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

4 resolution or in the applicable appropriations Act for fiscal 

5 year 2012, appropriations and funds made available and 

6 authority granted pursuant to this joint resolution shall 

7 be available until whichever of the following first occurs: 

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

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

10 the enactment into law of the applicable appropriations 

11 Act for fiscal year 2012 without any provision for such 

12 project or activity; or (3) November 18, 2011. 

13 SEC. 107. Expenditures made pursuant to this joint 

14 resolution shall be charged to the applicable appropriation, 

15 fund, or authorization whenever a bill in which such appli16 cable appropriation, fund, or authorization is contained is 

17 enacted into law. 

18 SEC. 108. Appropriations made and funds made 

19 available by or authority granted pursuant to this joint 

20 resolution may be used without regard to the time limita21 tions for submission and approval of apportionments set 

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

23 nothing in this joint resolution may be construed to waive 

24 any other provision of law governing the apportionment 

25 of funds. 


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1 SEC. 109. Notwithstanding any other provision of 

2 this joint resolution, except section 106, for those pro3 grams that would otherwise have high initial rates of oper4 ation or complete distribution of appropriations at the be5 ginning of fiscal year 2012 because of distributions of 

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

7 such high initial rates of operation or complete distribu8 tion shall not be made, and no grants shall be awarded 

9 for such programs funded by this joint resolution that 

10 would impinge on final funding prerogatives. 

11 SEC. 110. This joint resolution shall be implemented 

12 so that only the most limited funding action of that per13 mitted in the joint resolution shall be taken in order to 

14 provide for continuation of projects and activities. 

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

16 payments whose budget authority was provided in appro17 priations Acts for fiscal year 2011, and for activities under 

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

19 continued at the rate to maintain program levels under 

20 current law, under the authority and conditions provided 

21 in the applicable appropriations Act for fiscal year 2011, 

22 to be continued through the date specified in section 

23 106(3). 

24 (b) Notwithstanding section 106, obligations for man25 datory payments due on or about the first day of any 


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1 month that begins after October 2011 but not later than 

2 30 days after the date specified in section 106(3) may con3 tinue to be made, and funds shall be available for such 

4 payments. 

5 SEC. 112. Amounts made available under section 101 

6 for civilian personnel compensation and benefits in each 

7 department and agency may be apportioned up to the rate 

8 for operations necessary to avoid furloughs within such de9 partment or agency, consistent with the applicable appro10 priations Act for fiscal year 2011, except that such author11 ity provided under this section shall not be used until after 

12 the department or agency has taken all necessary actions 

13 to reduce or defer non-personnel-related administrative ex14 penses. 

15 SEC. 113. Funds appropriated by this joint resolution 

16 may be obligated and expended notwithstanding section 10 

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

18 the State Department Basic Authorities Act of 1956 (22 

19 U.S.C. 2680), section 313 of the Foreign Relations Au20 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

21 6212), and section 504(a)(1) of the National Security Act 

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

23 SEC. 114. (a) Except as provided in subsection (b), 

24 each amount incorporated by reference in this joint resolu25 tion that was previously designated as being for continVerDate Mar 15 2010 00:31 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HJ79.IH HJ79

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1 gency operations directly related to the global war on ter2 rorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

3 Congress) and as an emergency requirement pursuant to 

4 section 403(a) of S. Con. Res. 13 (111th Congress), the 

5 concurrent resolution on the budget for fiscal year 2010, 

6 is designated by the Congress for Overseas Contingency 

7 Operations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985, except that such amount shall 

10 be available only if the President subsequently so des11 ignates such amount and transmits such designation to 

12 the Congress. Section 101(b) of this joint resolution shall 

13 not apply to any amount so designated. 

14 (b) Subsection (a) shall not apply to amounts for 

15 ‘‘Department of Justice—Federal Bureau of Investiga16 tion—Salaries and Expenses’’. 

17 SEC. 115. During the period covered by this joint res18 olution, amounts appropriated for fiscal year 2012 that 

19 were provided in advance by appropriations Acts shall be 

20 available at the rate for operations as provided in such 

21 Acts, reduced by the percentage in section 101(b). 

22 SEC. 116. Notwithstanding section 101, amounts 

23 made available by this joint resolution for ‘‘Department 

24 of Defense—Operation and Maintenance—Operation and 

25 Maintenance, Air Force’’ may be used by the Secretary 


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1 of Defense for operations and activities of the Office of 

2 Security Cooperation in Iraq and security assistance 

3 teams, including life support, transportation and personal 

4 security, and facilities renovation and construction: Pro5 vided, That the authority made by this section shall con6 tinue in effect through the date specified in section 106(3) 

7 of this joint resolution: Provided further, That section 

8 9014 of division A of Public Law 112–10 shall not apply 

9 to funds appropriated by this joint resolution. 

10 SEC. 117. Notwithstanding section 101, funds made 

11 available in title IX of division A of Public Law 112–10 

12 for ‘‘Overseas Contingency Operations’’ shall be available 

13 at a rate for operations not to exceed the rate permitted 

14 by H.R. 2219 (112th Congress) as passed by the House 

15 of Representatives on July 8, 2011. 

16 SEC. 118. The authority provided by section 127b of 

17 title 10, United States Code, shall continue in effect 

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

19 resolution. 

20 SEC. 119. The authority provided by section 1202 of 

21 the John Warner National Defense Authorization Act for 

22 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), 

23 as extended by section 1204(b) of the Duncan Hunter Na24 tional Defense Authorization Act for Fiscal Year 2009 

25 (Public Law 110–417; 122 Stat. 4623), shall continue in 


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

2 joint resolution. 

3 SEC. 120. Notwithstanding section 101, amounts are 

4 provided for ‘‘Defense Nuclear Facilities Safety Board— 

5 Salaries and Expenses’’ at a rate for operations of 

6 $29,130,000. 

7 SEC. 121. Notwithstanding any other provision of 

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

9 Columbia may expend local funds under the heading ‘‘Dis10 trict of Columbia Funds’’ for such programs and activities 

11 under title IV of H.R. 2434 (112th Congress), as reported 

12 by the Committee on Appropriations of the House of Rep13 resentatives, at the rate set forth under ‘‘District of Co14 lumbia Funds—Summary of Expenses’’ as included in the 

15 Fiscal Year 2012 Budget Request Act of 2011 (D.C. Act 

16 19–92), as modified as of the date of the enactment of 

17 this joint resolution. 

18 SEC. 122. Notwithstanding section 101, amounts are 

19 provided for the necessary expenses of the Recovery Ac20 countability and Transparency Board, to carry out its 

21 functions under title XV of division A of the American 

22 Recovery and Reinvestment Act of 2009 (Public Law 111– 

23 5), at a rate for operations of $28,350,000. 

24 SEC. 123. (a) Section 9(m) of the Small Business Act 

25 (15 U.S.C. 638(m)) shall be applied by substituting the 


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

2 ‘‘September 30, 2011’’. 

3 (b) Notwithstanding section 9(n)(1)(A) of the Small 

4 Business Act (15 U.S.C. 638(n)(1)(A)), the Small Busi5 ness Technology Transfer Program shall continue in effect 

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

7 resolution. 

8 (c) Notwithstanding section 9(y)(6) of the Small 

9 Business Act (15 U.S.C. 638(y)(6)), the pilot program 

10 under section 9(y) of such Act shall continue in effect 

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

12 resolution. 

13 SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, 

14 United States Code, is amended by striking ‘‘September 

15 30, 2011’’ and inserting the date specified in section 

16 106(3) of this joint resolution. 

17 SEC. 125. Notwithstanding any other provision of 

18 this joint resolution, effective on the date of the enactment 

19 of this joint resolution, of the unobligated balances re20 maining available to the Department of Energy pursuant 

21 to section 129 of the Continuing Appropriations Resolu22 tion, 2009 (division A of Public Law 110–329), 

23 $500,000,000 is rescinded, $774,000,000 is hereby trans24 ferred to and merged with ‘‘Department of Homeland Se25 curity—Federal Emergency Management Agency—DisVerDate Mar 15 2010 00:31 Sep 15, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HJ79.IH HJ79

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1 aster Relief’’, and $226,000,000 is hereby transferred to 

2 and merged with ‘‘Corps of Engineers-Civil—Flood Con3 trol and Coastal Emergencies’’: Provided, That the 

4 amounts made available by this section for the Corps of 

5 Engineers-Civil shall be for emergency expenses for repair 

6 of damage caused by the storm and flood events occurring 

7 in 2011: Provided further, That the amounts transferred 

8 by this section shall remain available until expended: Pro9 vided further, That each amount transferred by this sec10 tion is designated as an emergency pursuant to section 

11 3(c)(1) of H. Res. 5 (112th Congress) and as an emer12 gency requirement pursuant to section 403(a) of S. Con. 

13 Res. 13 (111th Congress), the concurrent resolution on 

14 the budget for fiscal year 2010. 

15 SEC. 126. (a) Notwithstanding section 101, amounts 

16 are provided for ‘‘Department of Homeland Security— 

17 Federal Emergency Management Agency—Disaster Re18 lief’’ at a rate for operations of $2,650,000,000: Provided, 

19 That the Secretary of Homeland Security shall provide a 

20 full accounting of disaster relief funding requirements for 

21 such account for fiscal year 2012 not later than 15 days 

22 after the date of the enactment of this joint resolution, 

23 and for fiscal year 2013 in conjunction with the submis24 sion of the President’s budget request for fiscal year 2013. 


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1 (b) The accounting described in subsection (a) for 

2 each fiscal year shall include estimates of the following 

3 amounts: 

4 (1) The unobligated balance of funds in such 

5 account that has been (or will be) carried over to 

6 such fiscal year from prior fiscal years. 

7 (2) The unobligated balance of funds in such 

8 account that will be carried over from such fiscal 

9 year to the subsequent fiscal year. 

10 (3) The amount of the rolling average of non11 catastrophic disasters, and the specific data used to 

12 calculate such rolling average, for such fiscal year. 

13 (4) The amount that will be obligated each 

14 month for catastrophic events, delineated by event 

15 and State, and the total remaining funding that will 

16 be required after such fiscal year for each such cata17 strophic event for each State. 

18 (5) The amount of previously obligated funds 

19 that will be recovered each month of such fiscal 

20 year. 

21 (6) The amount that will be required in such 

22 fiscal year for emergencies, as defined in section 

23 102(1) of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5122(1)). 


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1 (7) The amount that will be required in such 

2 fiscal year for major disasters, as defined in section 

3 102(2) of the Robert T. Stafford Disaster Relief and 

4 Emergency Assistance Act (42 U.S.C. 5122(2)). 

5 (8) The amount that will be required in such 

6 fiscal year for fire management assistance grants, as 

7 defined in section 420 of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42 

9 U.S.C. 5187). 

10 SEC. 127. Any funds made available pursuant to sec11 tion 101 for the Department of Homeland Security may 

12 be obligated at a rate for operations necessary to sustain 

13 essential security activities, such as: staffing levels of oper14 ational personnel; immigration enforcement and removal 

15 functions, including sustaining not less than necessary de16 tention bed capacity; and United States Secret Service 

17 protective activities, including protective activities nec18 essary to secure National Special Security Events. The 

19 Secretary of Homeland Security shall notify the Commit20 tees on Appropriations of the House of Representatives 

21 and the Senate on each use of the authority provided in 

22 this section. 

23 SEC. 128. The authority provided by section 532 of 

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

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


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1 SEC. 129. The authority provided by section 831 of 

2 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 

3 continue in effect through the date specified in section 

4 106(3) of this joint resolution. 

5 SEC. 130. Section 550(b) of the Department of 

6 Homeland Security Appropriations Act, 2007 (6 U.S.C. 

7 121 note) shall be applied by substituting the date speci8 fied in section 106(3) of this joint resolution for ‘‘October 

9 4, 2011’’. 

10 SEC. 131. Sections 1309(a) and 1319 of the National 

11 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 

12 4026) shall be applied by substituting the date specified 

13 in section 106(3) of this joint resolution for ‘‘September 

14 30, 2011’’. 

15 SEC. 132. Section 330 of the Department of the Inte16 rior and Related Agencies Appropriations Act, 2001 (42 

17 U.S.C. 1701 note), concerning Service First authorities, 

18 shall continue in effect through the date specified in sec19 tion 106(3) of this joint resolution. 

20 SEC. 133. Notwithstanding section 101, section 1807 

21 of Public Law 112–10 shall be applied by substituting 

22 ‘‘$374,743,000’’ for ‘‘$363,843,000’’ and ‘‘$10,900,000’’ 

23 for ‘‘$3,000,000’’. 

24 SEC. 134. The second proviso of section 1801(a)(3) 

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1 tion under this subparagraph’’ and inserting ‘‘appropria2 tions made available by this Act’’. 

3 SEC. 135. Notwithstanding section 101, amounts are 

4 provided for ‘‘Federal Mine Safety and Health Review 

5 Commission—Salaries and Expenses’’ at a rate for oper6 ations of $14,510,000. 

7 SEC. 136. Sections 399AA(e), 399BB(g), and 

8 399CC(f) of the Public Health Service Act (42 U.S.C. 

9 280i(e), 280i–1(g), 280i–2(f)) shall be applied by sub10 stituting the date specified in section 106(3) of this joint 

11 resolution for ‘‘September 30, 2011’’. 

12 SEC. 137. Notwithstanding section 101, section 2005 

13 of division B of Public Law 112–10 shall be applied by 

14 substituting ‘‘$0’’ for each dollar amount. 

15 SEC. 138. The Export-Import Bank Act of 1945 (12 

16 U.S.C. 635 et seq.) shall be applied by substituting the 

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

18 ‘‘September 30, 2011’’ in section 7 of such Act. 

19 SEC. 139. Section 209 of the International Religious 

20 Freedom Act of 1998 (22 U.S.C. 6436) shall be applied 

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

22 joint resolution for ‘‘September 30, 2011’’. 

23 SEC. 140. Commitments to guarantee loans incurred 

24 under the General and Special Risk Insurance Funds, as 

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1 ing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

2 a rate for operations of $25,000,000,000: Provided, That 

3 total loan principal, any part of which is to be guaranteed, 

4 may be apportioned through the date specified in section 

5 106(3) of this joint resolution, at $80,000,000 multiplied 

6 by the number of days covered in this joint resolution. 

7 SEC. 141. (a) RENEWAL OF IMPORT RESTRICTIONS

8 UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF

9 2003.— 

10 (1) IN GENERAL.—Congress approves the re11 newal of the import restrictions contained in section 

12 3(a)(1) and section 3A (b)(1) and (c)(1) of the Bur13 mese Freedom and Democracy Act of 2003. 

14 (2) RULE OF CONSTRUCTION.—This section 

15 shall be deemed to be a ‘‘renewal resolution’’ for 

16 purposes of section 9 of the Burmese Freedom and 

17 Democracy Act of 2003. 

18 (b) PAYGO COMPLIANCE.—The budgetary effects of 

19 this section, for the purpose of complying with the Statu20 tory Pay-As-You-Go Act of 2010, shall be determined by 

21 reference to the latest statement titled ‘‘Budgetary Effects 

22 of PAYGO Legislation’’ for this section, submitted for 

23 printing in the Congressional Record by the Chairman of 

24 the House Budget Committee, provided that such state25 ment has been submitted prior to the vote on passage. 


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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on July 26, 2011. 

3 (d) APPLICABILITY.—This section shall not be sub4 ject to any other provision of this joint resolution. 

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

6 Appropriations Resolution, 2012’’. 

Æ 


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