[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 117 Introduced in House (IH)]
112th CONGRESS
2d Session
H. J. RES. 117
Making continuing appropriations for fiscal year 2013, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2012
Mr. Rogers of Kentucky introduced the following joint resolution; which
was referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for fiscal year 2013, and for other
purposes.
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 2013, 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 2012 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 2012,
and for which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), except for the
appropriations designated by the Congress as being for disaster
relief in section 735 of such Act.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-55),
except for the appropriation designated by the Congress as
being for disaster relief in the second paragraph under the
heading ``Department of Commerce--Economic Development
Administration--Economic Development Assistance Programs'' in
such Act.
(3) The Department of Defense Appropriations Act, 2012
(division A of Public Law 112-74).
(4) The Energy and Water Development Appropriations Act,
2012 (division B of Public Law 112-74).
(5) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(6) The Department of Homeland Security Appropriations Act,
2012 (division D of Public Law 112-74).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of Public
Law 112-74).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(9) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(10) The Military Construction and Veterans Affairs and
Related Agencies Appropriations Act, 2012 (division H of Public
Law 112-74).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74).
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of Public
Law 112-55), except for the appropriations designated by the
Congress as being for disaster relief under the heading
``Department of Transportation--Federal Highway
Administration--Emergency Relief'' and in the last proviso of
section 239 of such Act.
(13) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers-Civil''.
(b) Whenever an amount designated 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 (in this
section referred to as an ``OCO/GWOT amount'') in an Act described in
paragraph (3) or (10) of subsection (a) that would be made available
for a project or activity is different from the amount requested in the
President's fiscal year 2013 budget request, the project or activity
shall be continued at a rate for operations that would be permitted by,
and such designation shall be applied to, the amount in the President's
fiscal year 2013 budget request.
(c) The rate for operations provided by subsection (a) is hereby
increased by 0.612 percent. Such increase shall not apply to OCO/GWOT
amounts or to amounts incorporated in this joint resolution by
reference to the Disaster Relief Appropriations Act, 2012 (Public Law
112-77).
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 2012 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2012 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 2012.
(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 2012.
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 2013,
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 2013 without any provision for such project or activity; or (3)
March 27, 2013.
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 2013 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
2012, 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 2012, 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
2012 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 2012, 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) Section 147 of Public Law 111-242, as added by Public
Law 111-322, shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``December 31, 2012'' each
place it appears.
(b) Notwithstanding any other provision of law, any statutory pay
adjustment (as defined in section 147(b)(2) of the Continuing
Appropriations Act, 2011 (Public Law 111-242)) otherwise scheduled to
take effect during fiscal year 2013 but prior to the date specified in
section 106(3) of this joint resolution may take effect on the first
day of the first applicable pay period beginning after the date
specified in section 106(3).
Sec. 115. (a) Each amount incorporated by reference in this joint
resolution that was previously 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 or as being for disaster relief pursuant to section
251(b)(2)(D) of such Act is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act, respectively.
(b) Of the amount made available by section 101 for ``Social
Security Administration--Limitation on Administrative Expenses'',
$483,484,000 is additional new budget authority specified for purposes
of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Section 5 of Public Law 112-74 shall apply to amounts
designated in subsection (a) for Overseas Contingency Operations/Global
War on Terrorism.
Sec. 116. (a) Not later than 30 days after the date of the
enactment of this joint resolution, each department and agency in
subsection (c) shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, for the period through the
date specified in section 106(3) of this joint resolution, a spending,
expenditure, or operating plan--
(1) at the program, project, or activity level (or, for
national intelligence programs funded in the Department of
Defense Appropriations Act, at the expenditure center and
project level); or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 101, in the joint explanatory statement
accompanying such Act, or in committee report language
incorporated by reference in such joint explanatory statement.
(b) Not later than 30 days after the date on which any
sequestration is ordered by the President under section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985, each
department and agency in subsection (c) shall submit to the Committees
on Appropriations of the House of Representatives and the Senate the
spending, expenditure, or operating plan required under subsection (a),
updated to reflect any adjustments to funding as a result of the
sequestration and any extension of the date specified in section 106(3)
of this joint resolution.
(c) The departments and agencies to which this section applies are
as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Defense.
(4) The Department of Education.
(5) The Department of Energy.
(6) The Department of Health and Human Services.
(7) The Department of Homeland Security.
(8) The Department of Housing and Urban Development.
(9) The Department of the Interior.
(10) The Department of Justice.
(11) The Department of Labor.
(12) The Department of State and United States Agency for
International Development.
(13) The Department of Transportation.
(14) The Department of the Treasury.
(15) The Department of Veterans Affairs.
(16) The National Aeronautics and Space Administration.
(17) The National Science Foundation.
(18) The Judiciary.
(19) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(20) The Federal Communications Commission.
(21) The General Services Administration.
(22) The Office of Personnel Management.
(23) The National Archives and Records Administration.
(24) The Securities and Exchange Commission.
(25) The Small Business Administration.
(26) The Environmental Protection Agency.
(27) The Indian Health Service.
(28) The Smithsonian Institution.
(29) The Social Security Administration.
(30) The Corporation for National and Community Service.
(31) The Corporation for Public Broadcasting.
(32) The Food and Drug Administration.
(33) The Commodity Futures Trading Commission.
(34) The Central Intelligence Agency.
(35) The National Security Agency.
(36) The National Reconnaissance Office.
(37) The Defense Intelligence Agency.
(38) The National Geospatial Intelligence Agency.
(39) The Office of the Director of National Intelligence.
Sec. 117. Not later than November 1, 2012, and each month
thereafter through the month following the period covered by this joint
resolution, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on all obligations incurred by
each department and agency in the period covered by this joint
resolution. Such report shall--
(1) set forth obligations by account;
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period in
fiscal year 2012; and
(3) specify each executive branch account for which funds
made available by this joint resolution are apportioned at a
different rate for operations than the rate otherwise provided
in section 101, with an estimate of the different rate
otherwise provided in such section and the total obligations
estimated to be incurred under this joint resolution for such
account.
Sec. 118. Section 726(15) of division A of Public Law 112-55 shall
be applied to amounts made available by this joint resolution without
regard to the first proviso of such section.
Sec. 119. Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Domestic Food Programs--Food and Nutrition
Service--Commodity Assistance Program'', at a rate for operations of
$253,952,000, of which $186,935,000 shall be for the Commodity
Supplemental Food Program.
Sec. 120. (a) Amounts made available under section 101 for
``Department of Commerce--National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction'' may be
apportioned up to the rate for operations necessary to maintain the
planned launch schedules for the Joint Polar Satellite System and the
Geostationary Operational Environmental Satellite system.
(b) Not later than 30 days after the date of enactment of this
joint resolution, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a plan to maintain the launch schedules
and life cycle cost estimates established in fiscal year 2012 for the
satellite systems described in subsection (a) and options for reducing
costs, including management costs.
Sec. 121. Through the earlier of the date specified in section
106(3) of this joint resolution or the date of the enactment of an Act
authorizing appropriations for fiscal year 2013 for military activities
of the Department of Defense, no appropriation or funds made available
or authority granted pursuant to section 101 for the Department of
Defense shall be used to--
(1) retire, divest, realign, or transfer aircraft of the
Air Force;
(2) disestablish or convert any unit associated with
aircraft described in paragraph (1) or any unit of the Air
National Guard or Air Force Reserve; or
(3) retire C-23 Sherpa aircraft.
Sec. 122. The authority provided by section 801 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2399) shall continue in effect, notwithstanding subsection (f) of
such section, through the earlier of the date specified in section
106(3) of this joint resolution or the date of the enactment of an Act
authorizing appropriations for fiscal year 2013 for military activities
of the Department of Defense.
Sec. 123. The authority provided by section 572(b)(4) of the
National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C.
7703b(b)(4)) shall continue in effect through the earlier of the date
specified in section 106(3) of this joint resolution or the date of the
enactment of an Act authorizing appropriations for fiscal year 2013 for
military activities of the Department of Defense.
Sec. 124. In addition to any other transfer authority available to
the Department of Defense, the Secretary of Defense may transfer an
amount designated 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 made available by this joint
resolution for the Department of Defense between such appropriations,
to be merged with and to be available for the same purposes, and the
same time period, as the appropriation or fund to which transferred.
The Secretary of Defense shall notify the congressional defense
committees not fewer than 15 days prior to any transfer made pursuant
to this section.
Sec. 125. (a) Notwithstanding section 101, amounts are provided for
``Department of Energy--National Nuclear Security Administration--
Weapons Activities'' at a rate for operations of $7,577,341,000.
(b) Section 301(c) of title III of division B of Public Law 112-74
shall not apply to amounts made available by this section.
Sec. 126. In addition to the amounts otherwise made available by
section 101 for ``Department of Energy--National Nuclear Security
Administration--Defense Nuclear Nonproliferation'', an additional
amount is made available for domestic uranium enrichment research,
development, and demonstration at a rate for operations of
$100,000,000.
Sec. 127. Section 14704 of title 40, United States Code, shall be
applied to amounts made available by this joint resolution by
substituting the date specified in section 106(3) of this joint
resolution for ``October 1, 2012''.
Sec. 128. 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. 6020 (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 2013 Budget
Request Act of 2012 (D.C. Act 19-381), as modified as of the date of
the enactment of this joint resolution.
Sec. 129. Notwithstanding section 101, amounts are provided for
``District of Columbia--Federal Funds--Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'' at a rate for
operations of $24,700,000, of which not less than $9,800,000 shall be
used for costs associated with the Presidential Inauguration.
Sec. 130. Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
for necessary expenses to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note), at a rate for operations of $8,947,000, of
which not to exceed $1,000,000 is for activities authorized by sections
3(a)(8) and (9) of such Act.
Sec. 131. (a) Notwithstanding section 101, amounts are provided for
``Executive Office of the President--Office of Administration--
Presidential Transition Administrative Support'' to carry out the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) at a rate for
operations of $8,000,000.
(b) Such funds may be transferred to other accounts in this joint
resolution or any other Act that provide funding for offices within the
Executive Office of the President and the Office of the Vice President
to carry out the Presidential Transition Act of 1963 (3 U.S.C. 102
note).
Sec. 132. Notwithstanding section 101, the fifth proviso under the
heading ``Federal Communications Commission--Salaries and Expenses'' in
division C of Public Law 112-74 shall be applied by substituting
``$98,739,000'' for ``$85,000,000''.
Sec. 133. Notwithstanding any other provision of this joint
resolution, amounts made available by section 101 for ``Department of
the Treasury--Departmental Offices--Salaries and Expenses'' and
``Department of the Treasury--Office of Inspector General--Salaries and
Expenses'' may be used for activities in connection with section
1602(e) of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (subtitle F of title I of division A of Public Law 112-141).
Sec. 134. Notwithstanding section 101, amounts are provided for
``Office of Government Ethics--Salaries and Expenses'' at a rate for
operations of $18,664,000, of which $5,000,000 shall be for development
and deployment of the centralized, publicly accessible database
required in section 11(b) of the STOCK Act (Public Law 112-105).
Sec. 135. Notwithstanding section 101, amounts are provided for
``Small Business Administration--Business Loans Program Account'' for
the cost of guaranteed loans as authorized by section 7(a) of the Small
Business Act and section 503 of the Small Business Investment Act of
1958 at a rate for operations of $333,600,000.
Sec. 136. (a) Amounts made available by this joint resolution for
``Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses'' shall be obligated at the rate for operations
necessary to maintain the staffing levels (including by backfilling
vacant positions) of Border Patrol agents, Customs and Border
Protection officers, and Air and Marine interdiction agents in effect
at the end of the fourth quarter of fiscal year 2012, or, with respect
to Border Patrol agents, at such greater levels as may otherwise be
required in the second proviso under the heading ``U.S. Customs and
Border Protection--Salaries and Expenses'' in division D of Public Law
112-74. Any increase of the rate for operations for such purpose under
this subsection shall be derived by adjusting amounts otherwise made
available within such account by this joint resolution, without regard
to the restrictions on reprogramming in section 503 of division D of
Public Law 112-74.
(b) Not later than 15 days after the date of the enactment of this
joint resolution, the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed expenditure plan for
``Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses'' at the program, project, and activity level
that specifies how the Commissioner will maintain staffing levels as
required under subsection (a) through the date specified in section
106(3) of this joint resolution.
Sec. 137. (a) Notwithstanding section 101, amounts are provided for
``Department of Homeland Security--National Protection and Programs
Directorate--Infrastructure Protection and Information Security'' at a
rate for operations of $1,170,243,000, of which $328,000,000 is for
Network Security Deployment, and $218,000,000 is for Federal Network
Security that may be obligated at a rate for operations necessary to
establish and sustain essential cybersecurity activities, including
procurement and operations of continuous monitoring and diagnostics
systems and intrusion detection systems for civilian Federal computer
networks.
(b) Not later than 15 days after the date of the enactment of this
joint resolution, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate an expenditure plan for essential cybersecurity activities
described in subsection (a) of this section for the period through the
date specified in section 106(3) of this joint resolution.
Sec. 138. 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. 139. Section 550(b) of Public Law 109-295 (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, 2012''.
Sec. 140. (a) Notwithstanding section 101, amounts are provided for
``Department of the Interior--Department-wide Programs--Wildland Fire
Management'' at a rate for operations of $726,473,000.
(b) In addition to the amounts provided under subsection (a), there
is appropriated $23,000,000 for an additional amount for fiscal year
2013 for ``Department of the Interior--Department-wide Programs--
Wildland Fire Management'', to remain available until expended, for
repayment to other appropriations accounts from which funds were
transferred in fiscal year 2012 for wildfire suppression.
Sec. 141. (a) Notwithstanding section 101, amounts are provided for
``Department of Agriculture--Forest Service--Wildland Fire Management''
at a rate for operations of $1,971,390,000.
(b) In addition to the amounts provided under subsection (a), there
is appropriated $400,000,000 for an additional amount for fiscal year
2013 for ``Department of Agriculture--Forest Service--Wildland Fire
Management'', to remain available until expended, for repayment to
other appropriations accounts from which funds were transferred in
fiscal year 2012 for wildfire suppression.
Sec. 142. Section 411(h)(4)(A) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a(h)(4)(A)) is amended to read
as follows:
``(A) In general.--The annual amount allocated
under subparagraph (A) or (B) of section 402(g)(1) to
any State or Indian tribe that makes a certification
under subsection (a) of this section in which the
Secretary concurs shall be reallocated and available
for grants under section 402(g)(5).''.
Sec. 143. The authority provided by section 331 of the Department
of the Interior and Related Agencies Appropriations Act, 2000 (enacted
by reference in section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497
note) shall continue in effect through the date specified in section
106(3) of this joint resolution.
Sec. 144. (a) The following sections of the Federal Insecticide,
Fungicide, and Rodenticide Act shall continue in effect through the
date specified in section 106(3) of this joint resolution:
(1) Subparagraphs (C) through (E) of section 4(i)(5) (7
U.S.C. 136a-1(i)(5)(C)-(E));
(2) Section 4(k)(3) (7 U.S.C. 136a-1(k)(3)); and
(3) Section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(5)(H) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2012''.
(2) Notwithstanding section 33(m)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)(2)), section
33(m)(1) of such Act (7 U.S.C. 136w-8(m)(1)) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2012''.
(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a(m)(3)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2012''.
Sec. 145. Section 163 of Public Law 111-242, as amended by Public
Law 111-322, is further amended--
(a) in subsection (b), by striking ``2012-2013'' and inserting
``2013-2014''; and
(b) by inserting at the end the following:
``(c) Not later than December 31, 2013, the Secretary of Education
shall submit a report to the Committees on Appropriations and Health,
Education, Labor, and Pensions of the Senate and the Committees on
Appropriations and Education and the Workforce of the House of
Representatives, using data required under existing law (section
1111(h)(6)(A) of Public Law 107-110) by State and each local
educational agency, regarding the extent to which students in the
following categories are taught by teachers who are deemed highly
qualified pursuant to 34 C.F.R. 200.56(a)(2)(ii) as published in the
Federal Register on December 2, 2002:
``(1) Students with disabilities.
``(2) English Learners.
``(3) Students in rural areas.
``(4) Students from low-income families.''.
Sec. 146. The first proviso under the heading ``Department of
Health and Human Services--Administration for Children and Families--
Low Income Home Energy Assistance'' in division F of Public Law 112-74
shall be applied to amounts made available by this joint resolution by
substituting ``2013'' for ``2012''.
Sec. 147. Notwithstanding section 101, amounts are provided for
``Department of Health and Human Services--Administration for Children
and Families--Refugee and Entrant Assistance'' at a rate for operations
of $900,000,000. Amounts made available by this section may be
obligated up to a rate for operations necessary to maintain program
operations at the level provided in fiscal year 2012, as necessary to
accommodate increased demand.
Sec. 148. Activities authorized by part A of title IV and section
1108(b) of the Social Security Act shall continue through the date
specified in section 106(3) of this joint resolution, in the manner
authorized for fiscal year 2012, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority on a quarterly basis
through the second quarter of fiscal year 2013 at the level provided
for such activities for the corresponding quarter of fiscal year 2012.
Sec. 149. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to the heirs at law of
Donald M. Payne, late a Representative from the State of New Jersey,
$174,000.
Sec. 150. Notwithstanding section 101, amounts are provided for
``Department of Veterans Affairs--Departmental Administration--General
Operating Expenses, Veterans Benefits Administration'' at a rate for
operations of $2,164,074,000.
Sec. 151. The authority provided by section 315(b) of title 38,
United States Code, shall continue in effect through the date specified
in section 106(3) of this joint resolution.
Sec. 152. (a) Section 120 of division C of Public Law 112-55 shall
not apply to amounts made available by this joint resolution.
(b) During the period covered by this joint resolution, section
1102 of Public Law 112-141 shall be applied--
(1) in subsection (a)(1), by substituting
``$39,143,582,670'' for ``$39,699,000,000'';
(2) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012; and
(3) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference to
sections 202 and 204 of such title.
Sec. 153. The matter under the heading ``Department of
Transportation--National Highway Traffic Safety Administration--Highway
Traffic Safety Grants'' in division C of Public Law 112-55 shall be
applied to amounts made available by this joint resolution by treating
each reference to section 2001(a)(11) of Public Law 109-59 under such
heading as a reference to section 31101(a)(6) of Public Law 112-141.
Sec. 154. The matter under the heading ``Department of
Transportation--Federal Transit Administration--Formula and Bus
Grants'' in division C of Public Law 112-55 shall be applied to amounts
made available by this joint resolution by substituting ``49 U.S.C.
5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340'' for
``49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended''
each place it appears.
Sec. 155. Section 601(e)(1)(B) of division B of Public Law 110-432
shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ``4 years after such date''.
This joint resolution may be cited as the ``Continuing
Appropriations Resolution, 2013''.
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