PUBLIC LAW 112–36—OCT. 5, 2011 

CONTINUING APPROPRIATIONS ACT, 2012 


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125 STAT. 386 PUBLIC LAW 112–36—OCT. 5, 2011 

Public Law 112–36 

112th Congress 

An Act 

Making continuing appropriations for fiscal year 2012, and for other purposes. 

Be it enacted 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 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) 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) 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. 

Contracts. 

Rate reduction. 

Continuing 

Appropriations 

Act, 2012. 

Oct. 5, 2011 

[H.R. 2608] 


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PUBLIC LAW 112–36—OCT. 5, 2011 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. 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) 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 

Deadline. 

Expiration date. 


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125 STAT. 388 PUBLIC LAW 112–36—OCT. 5, 2011 

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) 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: 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. 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. 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 

Extension date. 

Extension date. 

Extension date. 

Terrorism. 

President. 

Designation. 


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PUBLIC LAW 112–36—OCT. 5, 2011 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) 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. 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: 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 

Reports. 

Disaster 

assistance. 

Deadline. 

Applicability. 

Applicability. 

Extension date. 


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125 STAT. 390 PUBLIC LAW 112–36—OCT. 5, 2011 

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. 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. 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. 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. 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. 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. 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. 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 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. 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)) 

Applicability. 

Ante, p. 156. 

Applicability. 

Extension date. 

Applicability. 

Applicability. 

Extension date. 

Extension date. 

Notification. 


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PUBLIC LAW 112–36—OCT. 5, 2011 125 STAT. 391 

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. 

Æ 

shall be applied by substituting the date specified in section 106(3) 

of this Act for ‘‘September 30, 2011’’. 

SEC. 136. 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. 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. 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. 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. (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. 

50 USC 1701 

note. 

Loans. 

Applicability. 

Applicability. 

Applicability. 


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