Text: H.J.Res.117 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-175 (09/28/2012)




[112th Congress Public Law 175]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1313]]

Public Law 112-175
112th Congress

                            Joint Resolution


 
  Making continuing appropriations for fiscal year 2013, and for other 
         purposes. <<NOTE: Sept. 28, 2012 -  [H.J. Res. 117]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: Continuing 
Appropriations Resolution, 2013.>> 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).

[[Page 126 STAT. 1314]]

            (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) <<NOTE: Continuation. Applicability.>> 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) <<NOTE: Rate increase.>> 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) <<NOTE: Contracts.>> 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.

[[Page 126 STAT. 1315]]

    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.  <<NOTE: Expiration date.>> 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) <<NOTE: Continuation.>> 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) <<NOTE: Deadline.>> 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

[[Page 126 STAT. 1316]]

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) <<NOTE: Applicability. 5 USC 5303 note.>> 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) <<NOTE: Pay adjustment.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Deadlines. Time period. Plan.>> (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.

[[Page 126 STAT. 1317]]

    (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) <<NOTE: Applicability.>> 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.  <<NOTE: Deadlines. Time period. Reports.>> 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

[[Page 126 STAT. 1318]]

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.  <<NOTE: Applicability.>> 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) <<NOTE: Deadline. Plan.>> 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.  <<NOTE: Extension date.>> 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.  <<NOTE: Extension date.>> 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

[[Page 126 STAT. 1319]]

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. <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Applicability.>> 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

[[Page 126 STAT. 1320]]

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.  <<NOTE: Applicability.>> 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) <<NOTE: Deadline. Expenditure plan. Time period.>> 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

[[Page 126 STAT. 1321]]

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) <<NOTE: Deadline. Expenditure plan. Time period.>> 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.  <<NOTE: Extension date.>> 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Extension date.>> 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) <<NOTE: Extension date. Applicability.>> 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));

[[Page 126 STAT. 1322]]

            (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, <<NOTE: 20 USC 7801 note.>> is further amended--
            (1) in subsection (b), by striking ``2012-2013'' and 
        inserting ``2013-2014''; and
            (2) by inserting at the end the following:

    ``(c) <<NOTE: Deadline. Reports.>> 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 CFR 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Extension date.>> 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.

[[Page 126 STAT. 1323]]

    Sec. 149.  <<NOTE: Donald M. Payne.>> 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.  <<NOTE: Extension date.>> 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) <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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''.

[[Page 126 STAT. 1324]]

     This joint resolution may be cited as the ``Continuing 
Appropriations Resolution, 2013''.

    Approved September 28, 2012.

LEGISLATIVE HISTORY--H.J. Res. 117:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 13, considered and passed House.
            Sept. 20, 21, considered and passed Senate.

                                  <all>