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[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:
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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.

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