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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 79 Introduced in House (IH)]

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.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the following sums are 
hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for fiscal 
year 2012, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2011 and under the authority and conditions provided in such Acts, 
for continuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifically provided 
for in this joint resolution, that were conducted in fiscal year 2011, 
and for which appropriations, funds, or other authority were made 
available in the following appropriations Acts:
            (1) The Department of Defense Appropriations Act, 2011 
        (division A of Public Law 112-10).
            (2) The Full-Year Continuing Appropriations Act, 2011 
        (division B of Public Law 112-10).
    (b) The rate for operations provided by subsection (a) is hereby 
reduced by 1.409 percent.
    Sec. 102. (a) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense shall be 
used for (1) the new production of items not funded for production in 
fiscal year 2011 or prior years; (2) the increase in production rates 
above those sustained with fiscal year 2011 funds; or (3) the 
initiation, resumption, or continuation of any project, activity, 
operation, or organization (defined as any project, subproject, 
activity, budget activity, program element, and subprogram within a 
program element, and for any investment items defined as a P-1 line 
item in a budget activity within an appropriation account and an R-1 
line item that includes a program element and subprogram element within 
an appropriation account) for which appropriations, funds, or other 
authority were not available during fiscal year 2011.
    (b) No appropriation or funds made available or authority granted 
pursuant to section 101 for the Department of Defense shall be used to 
initiate multi-year procurements utilizing advance procurement funding 
for economic order quantity procurement unless specifically 
appropriated later.
    Sec. 103.  Appropriations made by section 101 shall be available to 
the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 104.  Except as otherwise provided in section 102, no 
appropriation or funds made available or authority granted pursuant to 
section 101 shall be used to initiate or resume any project or activity 
for which appropriations, funds, or other authority were not available 
during fiscal year 2011.
    Sec. 105.  Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which funds 
or authority for such project or activity are available under this 
joint resolution.
    Sec. 106.  Unless otherwise provided for in this joint resolution 
or in the applicable appropriations Act for fiscal year 2012, 
appropriations and funds made available and authority granted pursuant 
to this joint resolution shall be available until whichever of the 
following first occurs: (1) the enactment into law of an appropriation 
for any project or activity provided for in this joint resolution; (2) 
the enactment into law of the applicable appropriations Act for fiscal 
year 2012 without any provision for such project or activity; or (3) 
November 18, 2011.
    Sec. 107.  Expenditures made pursuant to this joint resolution 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropriation, 
fund, or authorization is contained is enacted into law.
    Sec. 108.  Appropriations made and funds made available by or 
authority granted pursuant to this joint resolution may be used without 
regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, United States 
Code, but nothing in this joint resolution may be construed to waive 
any other provision of law governing the apportionment of funds.
    Sec. 109.  Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that would otherwise 
have high initial rates of operation or complete distribution of 
appropriations at the beginning of fiscal year 2012 because of 
distributions of funding to States, foreign countries, grantees, or 
others, such high initial rates of operation or complete distribution 
shall not be made, and no grants shall be awarded for such programs 
funded by this joint resolution that would impinge on final funding 
prerogatives.
    Sec. 110.  This joint resolution shall be implemented so that only 
the most limited funding action of that permitted in the joint 
resolution shall be taken in order to provide for continuation of 
projects and activities.
    Sec. 111. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2011, and for activities under the Food and Nutrition Act of 2008, 
activities shall be continued at the rate to maintain program levels 
under current law, under the authority and conditions provided in the 
applicable appropriations Act for fiscal year 2011, to be continued 
through the date specified in section 106(3).
    (b) Notwithstanding section 106, obligations for mandatory payments 
due on or about the first day of any month that begins after October 
2011 but not later than 30 days after the date specified in section 
106(3) may continue to be made, and funds shall be available for such 
payments.
    Sec. 112.  Amounts made available under section 101 for civilian 
personnel compensation and benefits in each department and agency may 
be apportioned up to the rate for operations necessary to avoid 
furloughs within such department or agency, consistent with the 
applicable appropriations Act for fiscal year 2011, except that such 
authority provided under this section shall not be used until after the 
department or agency has taken all necessary actions to reduce or defer 
non-personnel-related administrative expenses.
    Sec. 113.  Funds appropriated by this joint resolution may be 
obligated and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).
    Sec. 114. (a) Except as provided in subsection (b), each amount 
incorporated by reference in this joint resolution that was previously 
designated as being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to section 403(a) of 
S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010, is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, except that such amount shall be available only if the 
President subsequently so designates such amount and transmits such 
designation to the Congress. Section 101(b) of this joint resolution 
shall not apply to any amount so designated.
    (b) Subsection (a) shall not apply to amounts for ``Department of 
Justice--Federal Bureau of Investigation--Salaries and Expenses''.
    Sec. 115.  During the period covered by this joint resolution, 
amounts appropriated for fiscal year 2012 that were provided in advance 
by appropriations Acts shall be available at the rate for operations as 
provided in such Acts, reduced by the percentage in section 101(b).
    Sec. 116.  Notwithstanding section 101, amounts made available by 
this joint resolution for ``Department of Defense--Operation and 
Maintenance--Operation and Maintenance, Air Force'' may be used by the 
Secretary of Defense for operations and activities of the Office of 
Security Cooperation in Iraq and security assistance teams, including 
life support, transportation and personal security, and facilities 
renovation and construction: Provided, That the authority made by this 
section shall continue in effect through the date specified in section 
106(3) of this joint resolution: Provided further, That section 9014 of 
division A of Public Law 112-10 shall not apply to funds appropriated 
by this joint resolution.
    Sec. 117.  Notwithstanding section 101, funds made available in 
title IX of division A of Public Law 112-10 for ``Overseas Contingency 
Operations'' shall be available at a rate for operations not to exceed 
the rate permitted by H.R. 2219 (112th Congress) as passed by the House 
of Representatives on July 8, 2011.
    Sec. 118.  The authority provided by section 127b of title 10, 
United States Code, shall continue in effect through the date specified 
in section 106(3) of this joint resolution.
    Sec. 119.  The authority provided by section 1202 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2412), as extended by section 1204(b) of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4623), shall continue in effect through 
the date specified in section 106(3) of this joint resolution.
    Sec. 120.  Notwithstanding section 101, amounts are provided for 
``Defense Nuclear Facilities Safety Board--Salaries and Expenses'' at a 
rate for operations of $29,130,000.
    Sec. 121.  Notwithstanding any other provision of this joint 
resolution, except section 106, the District of Columbia may expend 
local funds under the heading ``District of Columbia Funds'' for such 
programs and activities under title IV of H.R. 2434 (112th Congress), 
as reported by the Committee on Appropriations of the House of 
Representatives, at the rate set forth under ``District of Columbia 
Funds--Summary of Expenses'' as included in the Fiscal Year 2012 Budget 
Request Act of 2011 (D.C. Act 19-92), as modified as of the date of the 
enactment of this joint resolution.
    Sec. 122.  Notwithstanding section 101, amounts are provided for 
the necessary expenses of the Recovery Accountability and Transparency 
Board, to carry out its functions under title XV of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), at a 
rate for operations of $28,350,000.
    Sec. 123. (a) Section 9(m) of the Small Business Act (15 U.S.C. 
638(m)) shall be applied by substituting the date specified in section 
106(3) of this joint resolution for ``September 30, 2011''.
    (b) Notwithstanding section 9(n)(1)(A) of the Small Business Act 
(15 U.S.C. 638(n)(1)(A)), the Small Business Technology Transfer 
Program shall continue in effect through the date specified in section 
106(3) of this joint resolution.
    (c) Notwithstanding section 9(y)(6) of the Small Business Act (15 
U.S.C. 638(y)(6)), the pilot program under section 9(y) of such Act 
shall continue in effect through the date specified in section 106(3) 
of this joint resolution.
    Sec. 124.  Section 8909a(d)(3)(A)(v) of title 5, United States 
Code, is amended by striking ``September 30, 2011'' and inserting the 
date specified in section 106(3) of this joint resolution.
    Sec. 125.  Notwithstanding any other provision of this joint 
resolution, effective on the date of the enactment of this joint 
resolution, of the unobligated balances remaining available to the 
Department of Energy pursuant to section 129 of the Continuing 
Appropriations Resolution, 2009 (division A of Public Law 110-329), 
$500,000,000 is rescinded, $774,000,000 is hereby transferred to and 
merged with ``Department of Homeland Security--Federal Emergency 
Management Agency--Disaster Relief'', and $226,000,000 is hereby 
transferred to and merged with ``Corps of Engineers-Civil--Flood 
Control and Coastal Emergencies'': Provided, That the amounts made 
available by this section for the Corps of Engineers-Civil shall be for 
emergency expenses for repair of damage caused by the storm and flood 
events occurring in 2011: Provided further, That the amounts 
transferred by this section shall remain available until expended:  
Provided further, That each amount transferred by this section is 
designated as an emergency pursuant to section 3(c)(1) of H. Res. 5 
(112th Congress) and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010.
    Sec. 126. (a) Notwithstanding section 101, amounts are provided for 
``Department of Homeland Security--Federal Emergency Management 
Agency--Disaster Relief'' at a rate for operations of $2,650,000,000: 
Provided, That the Secretary of Homeland Security shall provide a full 
accounting of disaster relief funding requirements for such account for 
fiscal year 2012 not later than 15 days after the date of the enactment 
of this joint resolution, and for fiscal year 2013 in conjunction with 
the submission of the President's budget request for fiscal year 2013.
    (b) The accounting described in subsection (a) for each fiscal year 
shall include estimates of the following amounts:
            (1) The unobligated balance of funds in such account that 
        has been (or will be) carried over to such fiscal year from 
        prior fiscal years.
            (2) The unobligated balance of funds in such account that 
        will be carried over from such fiscal year to the subsequent 
        fiscal year.
            (3) The amount of the rolling average of non-catastrophic 
        disasters, and the specific data used to calculate such rolling 
        average, for such fiscal year.
            (4) The amount that will be obligated each month for 
        catastrophic events, delineated by event and State, and the 
        total remaining funding that will be required after such fiscal 
        year for each such catastrophic event for each State.
            (5) The amount of previously obligated funds that will be 
        recovered each month of such fiscal year.
            (6) The amount that will be required in such fiscal year 
        for emergencies, as defined in section 102(1) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122(1)).
            (7) The amount that will be required in such fiscal year 
        for major disasters, as defined in section 102(2) of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122(2)).
            (8) The amount that will be required in such fiscal year 
        for fire management assistance grants, as defined in section 
        420 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5187).
    Sec. 127.  Any funds made available pursuant to section 101 for the 
Department of Homeland Security may be obligated at a rate for 
operations necessary to sustain essential security activities, such as: 
staffing levels of operational personnel; immigration enforcement and 
removal functions, including sustaining not less than necessary 
detention bed capacity; and United States Secret Service protective 
activities, including protective activities necessary to secure 
National Special Security Events. The Secretary of Homeland Security 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate on each use of the authority provided in 
this section.
    Sec. 128.  The authority provided by section 532 of Public Law 109-
295 shall continue in effect through the date specified in section 
106(3) of this joint resolution.
    Sec. 129.  The authority provided by section 831 of the Homeland 
Security Act of 2002 (6 U.S.C. 391) shall continue in effect through 
the date specified in section 106(3) of this joint resolution.
    Sec. 130.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``October 4, 2011''.
    Sec. 131.  Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``September 30, 2011''.
    Sec. 132.  Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (42 U.S.C. 1701 note), 
concerning Service First authorities, shall continue in effect through 
the date specified in section 106(3) of this joint resolution.
    Sec. 133.  Notwithstanding section 101, section 1807 of Public Law 
112-10 shall be applied by substituting ``$374,743,000'' for 
``$363,843,000'' and ``$10,900,000'' for ``$3,000,000''.
    Sec. 134.  The second proviso of section 1801(a)(3) of Public Law 
112-10 is amended by striking ``appropriation under this subparagraph'' 
and inserting ``appropriations made available by this Act''.
    Sec. 135.  Notwithstanding section 101, amounts are provided for 
``Federal Mine Safety and Health Review Commission--Salaries and 
Expenses'' at a rate for operations of $14,510,000.
    Sec. 136.  Sections 399AA(e), 399BB(g), and 399CC(f) of the Public 
Health Service Act (42 U.S.C. 280i(e), 280i-1(g), 280i-2(f)) shall be 
applied by substituting the date specified in section 106(3) of this 
joint resolution for ``September 30, 2011''.
    Sec. 137.  Notwithstanding section 101, section 2005 of division B 
of Public Law 112-10 shall be applied by substituting ``$0'' for each 
dollar amount.
    Sec. 138.  The Export-Import Bank Act of 1945 (12 U.S.C. 635 et 
seq.) shall be applied by substituting the date specified in section 
106(3) of this joint resolution for ``September 30, 2011'' in section 7 
of such Act.
    Sec. 139.  Section 209 of the International Religious Freedom Act 
of 1998 (22 U.S.C. 6436) shall be applied by substituting the date 
specified in section 106(3) of this joint resolution for ``September 
30, 2011''.
    Sec. 140.  Commitments to guarantee loans incurred under the 
General and Special Risk Insurance Funds, as authorized by sections 238 
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
shall not exceed a rate for operations of $25,000,000,000: Provided, 
That total loan principal, any part of which is to be guaranteed, may 
be apportioned through the date specified in section 106(3) of this 
joint resolution, at $80,000,000 multiplied by the number of days 
covered in this joint resolution.
    Sec. 141. (a) Renewal of Import Restrictions Under Burmese Freedom 
and Democracy Act of 2003.--
            (1) In general.--Congress approves the renewal of the 
        import restrictions contained in section 3(a)(1) and section 3A 
        (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 
        2003.
            (2) Rule of construction.--This section shall be deemed to 
        be a ``renewal resolution'' for purposes of section 9 of the 
        Burmese Freedom and Democracy Act of 2003.
    (b) PAYGO Compliance.--The budgetary effects of this section, for 
the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this section, submitted 
for printing in the Congressional Record by the Chairman of the House 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
    (c) Effective Date.--This section shall take effect on July 26, 
2011.
    (d) Applicability.--This section shall not be subject to any other 
provision of this joint resolution.
     This joint resolution may be cited as the ``Continuing 
Appropriations Resolution, 2012''.
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