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 Com-
mittees on the Budget and Ways and Means, for a period to be subse-
quently 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, corpora-
tions, and other organizational units of Government for 
fiscal year 2012, and for other purposes, namely: 
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SEC. 101. (a) Such amounts as may be necessary, 
at a rate for operations as provided in the applicable ap-
propriations Acts for fiscal year 2011 and under the au-
thority and conditions provided in such Acts, for con-
tinuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifi-
cally provided for in this joint resolution, that were con-
ducted in fiscal year 2011, and for which appropriations, 
funds, or other authority were made available in the fol-
lowing 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 avail-
able or authority granted pursuant to section 101 for the 
Department of Defense shall be used for (1) the new pro-
duction 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 
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subprogram within a program element, and for any invest-
ment 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 with-
in 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 au-
thority granted pursuant to section 101 for the Depart-
ment of Defense shall be used to initiate multi-year pro-
curements utilizing advance procurement funding for eco-
nomic order quantity procurement unless specifically ap-
propriated 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 author-
ity granted pursuant to section 101 shall be used to ini-
tiate or resume any project or activity for which appro-
priations, funds, or other authority were not available dur-
ing fiscal year 2011. 
SEC. 105. Appropriations made and authority grant-
ed pursuant to this joint resolution shall cover all obliga-
tions or expenditures incurred for any project or activity 
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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 appli-
cable 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 limita-
tions 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. 
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SEC. 109. Notwithstanding any other provision of 
this joint resolution, except section 106, for those pro-
grams that would otherwise have high initial rates of oper-
ation or complete distribution of appropriations at the be-
ginning of fiscal year 2012 because of distributions of 
funding to States, foreign countries, grantees, or others, 
such high initial rates of operation or complete distribu-
tion 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 per-
mitted 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 appro-
priations 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 man-
datory payments due on or about the first day of any 
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month that begins after October 2011 but not later than 
30 days after the date specified in section 106(3) may con-
tinue 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 de-
partment or agency, consistent with the applicable appro-
priations Act for fiscal year 2011, except that such author-
ity 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 ex-
penses. 
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 Au-
thorization 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 resolu-
tion that was previously designated as being for contin-
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gency operations directly related to the global war on ter-
rorism 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 des-
ignates 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 Investiga-
tion—Salaries and Expenses’’. 
SEC. 115. During the period covered by this joint res-
olution, 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 
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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: Pro-
vided, That the authority made by this section shall con-
tinue 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 Na-
tional Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4623), shall continue in 
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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 ‘‘Dis-
trict 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 Rep-
resentatives, at the rate set forth under ‘‘District of Co-
lumbia 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 Ac-
countability 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 
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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 Busi-
ness 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 re-
maining available to the Department of Energy pursuant 
to section 129 of the Continuing Appropriations Resolu-
tion, 2009 (division A of Public Law 110–329), 
$500,000,000 is rescinded, $774,000,000 is hereby trans-
ferred to and merged with ‘‘Department of Homeland Se-
curity—Federal Emergency Management Agency—Dis-
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aster Relief’’, and $226,000,000 is hereby transferred to 
and merged with ‘‘Corps of Engineers-Civil—Flood Con-
trol 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: Pro-
vided further, That each amount transferred by this sec-
tion is designated as an emergency pursuant to section 
3(c)(1) of H. Res. 5 (112th Congress) and as an emer-
gency 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 Re-
lief’’ 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 submis-
sion of the President’s budget request for fiscal year 2013. 
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(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 cata-
strophic 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)). 
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(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 Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5187). 
SEC. 127. Any funds made available pursuant to sec-
tion 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 oper-
ational personnel; immigration enforcement and removal 
functions, including sustaining not less than necessary de-
tention bed capacity; and United States Secret Service 
protective activities, including protective activities nec-
essary to secure National Special Security Events. The 
Secretary of Homeland Security shall notify the Commit-
tees 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. 
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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 speci-
fied 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 Inte-
rior 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 sec-
tion 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 ‘‘appropria-
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tion under this subparagraph’’ and inserting ‘‘appropria-
tions 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 oper-
ations 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 sub-
stituting 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 Hous-
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