[112th Congress Public Law 36]
[From the U.S. Government Printing Office]
[[Page 385]]
CONTINUING APPROPRIATIONS ACT, 2012
[[Page 125 STAT. 386]]
Public Law 112-36
112th Congress
An Act
Making continuing appropriations for fiscal year 2012, and for other
purposes. <<NOTE: Oct. 5, 2011 - [H.R. 2608]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Continuing
Appropriations Act, 2012.>> That the following sums are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2012, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2011 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2011, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Department of Defense Appropriations Act, 2011
(division A of Public Law 112-10).
(2) The Full-Year Continuing Appropriations Act, 2011
(division B of Public Law 112-10).
(b) <<NOTE: Rate reduction.>> The rate for operations provided by
subsection (a) is hereby reduced by 1.503 percent.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for (1) the new production of items not funded for production in
fiscal year 2011 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2011 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line item
in a budget activity within an appropriation account and an R-1 line
item that includes a program element and subprogram element within an
appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2011.
(b) <<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.
[[Page 125 STAT. 387]]
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2011.
Sec. 105. Appropriations made and authority granted pursuant to
this Act 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 Act.
Sec. 106. <<NOTE: Expiration date.>> Unless otherwise provided for
in this Act or in the applicable appropriations Act for fiscal year
2012, appropriations and funds made available and authority granted
pursuant to this Act 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 Act; (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 Act 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 Act 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 Act
may be construed to waive any other provision of law governing the
apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2012 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would impinge
on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2011, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2011, to be continued
through the date specified in section 106(3).
(b) <<NOTE: Deadline.>> Notwithstanding section 106, obligations
for mandatory payments due on or about the first day of any month that
begins after October 2011 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds shall be
available for such payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and
[[Page 125 STAT. 388]]
agency may be apportioned up to the rate for operations necessary to
avoid furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2011, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act 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: Terrorism. President. Designation.>> Except
as provided in subsection (b), each amount incorporated by reference in
this Act that was previously designated as being for contingency
operations directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010,
is designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, except that such amount shall
be available only if the President subsequently so designates such
amount and transmits such designation to the Congress. Section 101(b) of
this Act shall not apply to any amount so designated.
(b) Subsection (a) shall not apply to amounts for ``Department of
Justice--Federal Bureau of Investigation--Salaries and Expenses''.
Sec. 115. During the period covered by this Act, discretionary
amounts appropriated for fiscal year 2012 that were provided in advance
by appropriations Acts shall be available in the amounts provided in
such Acts, reduced by the percentage in section 101(b).
Sec. 116. Notwithstanding section 101, amounts made available by
this Act for ``Department of Defense--Operation and Maintenance--
Operation and Maintenance, Air Force'' may be used by the Secretary of
Defense for operations and activities of the Office of Security
Cooperation in Iraq and security assistance teams, including life
support, transportation and personal security, and facilities renovation
and construction: <<NOTE: Extension date.>> Provided, That the
authority made by this section shall continue in effect through the date
specified in section 106(3) of this Act: Provided further, That section
9014 of division A of Public Law 112-10 shall not apply to funds
appropriated by this Act.
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. <<NOTE: Extension date.>> 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 Act.
Sec. 119. <<NOTE: Extension date.>> The authority provided by
section 1202 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as extended by
section 1204(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4623), shall
[[Page 125 STAT. 389]]
continue in effect through the date specified in section 106(3) of this
Act.
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 Act, except
section 106, the District of Columbia may expend local funds under the
heading ``District of Columbia Funds'' for such programs and activities
under title IV of H.R. 2434 (112th Congress), as reported by the
Committee on Appropriations of the House of Representatives, at the rate
set forth under ``District of Columbia Funds--Summary of Expenses'' as
included in the Fiscal Year 2012 Budget Request Act of 2011 (D.C. Act
19-92), as modified as of the date of the enactment of this Act.
Sec. 122. Notwithstanding section 101, amounts are provided for the
necessary expenses of the Recovery Accountability and Transparency
Board, to carry out its functions under title XV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), at a
rate for operations of $28,350,000.
Sec. 123. (a) <<NOTE: Applicability. Extension date.>> Section 9(m)
of the Small Business Act (15 U.S.C. 638(m)) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2011''.
(b) Notwithstanding section 9(n)(1)(A) of the Small Business Act (15
U.S.C. 638(n)(1)(A)), the Small Business Technology Transfer Program
shall continue in effect through the date specified in section 106(3) of
this Act.
(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 Act.
Sec. 124. <<NOTE: Applicability.>> Section 8909a(d)(3)(A)(v) of
title 5, United States Code, shall be applied by substituting the date
specified in section 106(3) of this Act for the date specified in such
section 8909a(d)(3)(A)(v).
Sec. 125. (a) Notwithstanding section 101, amounts are provided for
``Department of Homeland Security--Federal Emergency Management Agency--
Disaster Relief'' at a rate for operations of
$2,650,000,000: <<NOTE: Reports. Disaster assistance. Deadline.>>
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 Act, and for fiscal year 2013 in conjunction with the submission
of the President's budget request for fiscal year 2013.
(b) The accounting described in subsection (a) for each fiscal year
shall include estimates of the following amounts:
(1) The unobligated balance of funds in such account that
has been (or will be) carried over to such fiscal year from
prior fiscal years.
(2) The unobligated balance of funds in such account that
will be carried over from such fiscal year to the subsequent
fiscal year.
(3) The amount of the rolling average of non-catastrophic
disasters, and the specific data used to calculate such rolling
average, for such fiscal year.
(4) The amount that will be obligated each month for
catastrophic events, delineated by event and State, and the
[[Page 125 STAT. 390]]
total remaining funding that will be required after such fiscal
year for each such catastrophic event for each State.
(5) The amount of previously obligated funds that will be
recovered each month of such fiscal year.
(6) The amount that will be required in such fiscal year for
emergencies, as defined in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(1)).
(7) The amount that will be required in such fiscal year for
major disasters, as defined in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)).
(8) The amount that will be required in such fiscal year for
fire management assistance grants, as defined in section 420 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5187).
Sec. 126. Any funds made available pursuant to section 101 for the
Department of Homeland Security may be obligated at a rate for
operations necessary to sustain essential security activities, such as:
staffing levels of operational personnel; immigration enforcement and
removal functions, including sustaining not less than necessary
detention bed capacity; and United States Secret Service protective
activities, including protective activities necessary to secure National
Special Security Events. <<NOTE: Notification.>> The Secretary of
Homeland Security shall notify the Committees on Appropriations of the
House of Representatives and the Senate on each use of the authority
provided in this section.
Sec. 127. <<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 Act.
Sec. 128. <<NOTE: Extension date.>> 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
Act.
Sec. 129. <<NOTE: Applicability.>> Section 550(b) of the
Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121
note) shall be applied by substituting the date specified in section
106(3) of this Act for ``October 4, 2011''.
Sec. 130. <<NOTE: Applicability.>> 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 Act for ``September 30, 2011''.
Sec. 131. <<NOTE: Extension date.>> Section 330 of the Department
of the Interior and Related Agencies Appropriations Act, 2001 (42 U.S.C.
1701 note), concerning Service First authorities, shall continue in
effect through the date specified in section 106(3) of this Act.
Sec. 132. <<NOTE: Applicability.>> 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. 133. The second proviso of section 1801(a)(3) of Public Law
112-10 <<NOTE: Ante, p. 156.>> is amended by striking ``appropriation
under this subparagraph'' and inserting ``appropriations made available
by this Act''.
Sec. 134. Notwithstanding section 101, amounts are provided for
``Federal Mine Safety and Health Review Commission--Salaries and
Expenses'' at a rate for operations of $14,510,000.
Sec. 135. <<NOTE: Applicability.>> 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))
[[Page 125 STAT. 391]]
shall be applied by substituting the date specified in section 106(3) of
this Act for ``September 30, 2011''.
Sec. 136. <<NOTE: Applicability.>> Notwithstanding section 101,
section 2005 of division B of Public Law 112-10 shall be applied by
substituting ``$0'' for each dollar amount.
Sec. 137. <<NOTE: Applicability.>> 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 Act for ``September 30, 2011'' in
section 7 of such Act.
Sec. 138. <<NOTE: Applicability.>> 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 Act
for ``September 30, 2011''.
Sec. 139. <<NOTE: Loans.>> Commitments to guarantee loans incurred
under the General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), shall not exceed a rate for operations of $25,000,000,000:
Provided, That total loan principal, any part of which is to be
guaranteed, may be apportioned through the date specified in section
106(3) of this Act, at $80,000,000 multiplied by the number of days
covered in this Act.
Sec. 140. <<NOTE: 50 USC 1701 note.>> (a) Renewal of Import
Restrictions Under Burmese Freedom and Democracy Act of 2003.--
(1) In general.--Congress approves the renewal of the import
restrictions contained in section 3(a)(1) and section 3A (b)(1)
and (c)(1) of the Burmese Freedom and Democracy Act of 2003.
(2) Rule of construction.--This section shall be deemed to
be a ``renewal resolution'' for purposes of section 9 of the
Burmese Freedom and Democracy Act of 2003.
(b) Effective Date.--This section shall take effect on July 26,
2011.
(c) Applicability.--This section shall not be subject to any other
provision of this Act.
This Act may be cited as the ``Continuing Appropriations Act,
2012''.
Approved October 5, 2011.
LEGISLATIVE HISTORY--H.R. 2608:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 157 (2011):
July 26, considered and passed House.
July 28, considered and passed Senate, amended.
Sept. 21, House failed to concur in Senate amendment.
Sept. 22, House concurred in Senate amendment with an
amendment.
Sept. 23, 26, Senate considered and concurred in House
amendment with an amendment.
Oct. 4, House concurred in Senate amendment.
<all>