In the Senate of the United States, 

September 26, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 2017) entitled ‘‘An Act making appropriations for 

the Department of Homeland Security for the fiscal year ending September 30, 2012, and for other purposes.’’, do pass 

with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 That the following sums are hereby appropriated, out 

2 of any money in the Treasury not otherwise appropriated, 

3 and out of applicable corporate or other revenues, receipts, 

4 and funds, for the several departments, agencies, corpora5 tions, and other organizational units of Government for fis6 cal year 2012, and for other purposes, namely: 

7 SEC. 101. (a) Such amounts as may be necessary, at 

8 a rate for operations as provided in the applicable appro-
2 

† HR 2017 EAS 

1 priations Acts for fiscal year 2011 and under the authority 

2 and conditions provided in such Acts, for continuing 

3 projects or activities (including the costs of direct loans and 

4 loan guarantees) that are not otherwise specifically pro5 vided for in this Act, that were conducted in fiscal year 

6 2011, and for which appropriations, funds, or other author7 ity were made available in the following appropriations 

8 Acts: 

9 (1) The Department of Defense Appropriations 

10 Act, 2011 (division A of Public Law 112–10). 

11 (2) The Full-Year Continuing Appropriations 

12 Act, 2011 (division B of Public Law 112–10). 

13 (b) The rate for operations provided by subsection (a) 

14 is hereby reduced by 1.503 percent. 

15 SEC. 102. (a) No appropriation or funds made avail16 able or authority granted pursuant to section 101 for the 

17 Department of Defense shall be used for (1) the new produc18 tion of items not funded for production in fiscal year 2011 

19 or prior years; (2) the increase in production rates above 

20 those sustained with fiscal year 2011 funds; or (3) the initi21 ation, resumption, or continuation of any project, activity, 

22 operation, or organization (defined as any project, sub23 project, activity, budget activity, program element, and sub24 program within a program element, and for any investment 

25 items defined as a P–1 line item in a budget activity within 
3 

† HR 2017 EAS 

1 an appropriation account and an R–1 line item that in2 cludes a program element and subprogram element within 

3 an appropriation account) for which appropriations, funds, 

4 or other authority were not available during fiscal year 

5 2011. 

6 (b) No appropriation or funds made available or au7 thority granted pursuant to section 101 for the Department 

8 of Defense shall be used to initiate multi-year procurements 

9 utilizing advance procurement funding for economic order 

10 quantity procurement unless specifically appropriated 

11 later. 

12 SEC. 103. Appropriations made by section 101 shall 

13 be available to the extent and in the manner that would 

14 be provided by the pertinent appropriations Act. 

15 SEC. 104. Except as otherwise provided in section 102, 

16 no appropriation or funds made available or authority 

17 granted pursuant to section 101 shall be used to initiate 

18 or resume any project or activity for which appropriations, 

19 funds, or other authority were not available during fiscal 

20 year 2011. 

21 SEC. 105. Appropriations made and authority granted 

22 pursuant to this Act shall cover all obligations or expendi23 tures incurred for any project or activity during the period 

24 for which funds or authority for such project or activity 

25 are available under this Act. 
4 

† HR 2017 EAS 

1 SEC. 106. Unless otherwise provided for in this Act 

2 or in the applicable appropriations Act for fiscal year 2012, 

3 appropriations and funds made available and authority 

4 granted pursuant to this Act shall be available until which5 ever of the following first occurs: (1) the enactment into law 

6 of an appropriation for any project or activity provided 

7 for in this Act; (2) the enactment into law of the applicable 

8 appropriations Act for fiscal year 2012 without any provi9 sion for such project or activity; or (3) October 4, 2011. 

10 SEC. 107. Expenditures made pursuant to this Act 

11 shall be charged to the applicable appropriation, fund, or 

12 authorization whenever a bill in which such applicable ap13 propriation, fund, or authorization is contained is enacted 

14 into law. 

15 SEC. 108. Appropriations made and funds made avail16 able by or authority granted pursuant to this Act may be 

17 used without regard to the time limitations for submission 

18 and approval of apportionments set forth in section 1513 

19 of title 31, United States Code, but nothing in this Act may 

20 be construed to waive any other provision of law governing 

21 the apportionment of funds. 

22 SEC. 109. Notwithstanding any other provision of this 

23 Act, except section 106, for those programs that would other24 wise have high initial rates of operation or complete dis25 tribution of appropriations at the beginning of fiscal year 
5 

† HR 2017 EAS 

1 2012 because of distributions of funding to States, foreign 

2 countries, grantees, or others, such high initial rates of oper3 ation or complete distribution shall not be made, and no 

4 grants shall be awarded for such programs funded by this 

5 Act that would impinge on final funding prerogatives. 

6 SEC. 110. This Act shall be implemented so that only 

7 the most limited funding action of that permitted in the 

8 Act shall be taken in order to provide for continuation of 

9 projects and activities. 

10 SEC. 111. (a) For entitlements and other mandatory 

11 payments whose budget authority was provided in appro12 priations Acts for fiscal year 2011, and for activities under 

13 the Food and Nutrition Act of 2008, activities shall be con14 tinued at the rate to maintain program levels under current 

15 law, under the authority and conditions provided in the 

16 applicable appropriations Act for fiscal year 2011, to be 

17 continued through the date specified in section 106(3). 

18 (b) Notwithstanding section 106, obligations for man19 datory payments due on or about the first day of any month 

20 that begins after October 2011 but not later than 30 days 

21 after the date specified in section 106(3) may continue to 

22 be made, and funds shall be available for such payments. 

23 SEC. 112. Amounts made available under section 101 

24 for civilian personnel compensation and benefits in each de25 partment and agency may be apportioned up to the rate 
6 

† HR 2017 EAS 

1 for operations necessary to avoid furloughs within such de2 partment or agency, consistent with the applicable appro3 priations Act for fiscal year 2011, except that such author4 ity provided under this section shall not be used until after 

5 the department or agency has taken all necessary actions 

6 to reduce or defer non-personnel-related administrative ex7 penses. 

8 SEC. 113. Funds appropriated by this Act may be obli9 gated and expended notwithstanding section 10 of Public 

10 Law 91–672 (22 U.S.C. 2412), section 15 of the State De11 partment Basic Authorities Act of 1956 (22 U.S.C. 2680), 

12 section 313 of the Foreign Relations Authorization Act, Fis13 cal Years 1994 and 1995 (22 U.S.C. 6212), and section 

14 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

15 414(a)(1)). 

16 SEC. 114. (a) Except as provided in subsection (b), 

17 each amount incorporated by reference in this Act that was 

18 previously designated as being for contingency operations 

19 directly related to the global war on terrorism pursuant to 

20 section 3(c)(2) of H. Res. 5 (112th Congress) and as an 

21 emergency requirement pursuant to section 403(a) of S. 

22 Con. Res. 13 (111th Congress), the concurrent resolution on 

23 the budget for fiscal year 2010, is designated by the Con24 gress for Overseas Contingency Operations/Global War on 

25 Terrorism pursuant to section 251(b)(2)(A) of the Balanced 
7 

† HR 2017 EAS 

1 Budget and Emergency Deficit Control Act of 1985, except 

2 that such amount shall be available only if the President 

3 subsequently so designates such amount and transmits such 

4 designation to the Congress. Section 101(b) of this Act shall 

5 not apply to any amount so designated. 

6 (b) Subsection (a) shall not apply to amounts for ‘‘De7 partment of Justice—Federal Bureau of Investigation— 

8 Salaries and Expenses’’. 

9 SEC. 115. During the period covered by this Act, dis10 cretionary amounts appropriated for fiscal year 2012 that 

11 were provided in advance by appropriations Acts shall be 

12 available in the amounts provided in such Acts, reduced 

13 by the percentage in section 101(b). 

14 SEC. 116. Notwithstanding section 101, amounts made 

15 available by this Act for ‘‘Department of Defense—Oper16 ation and Maintenance—Operation and Maintenance, Air 

17 Force’’ may be used by the Secretary of Defense for oper18 ations and activities of the Office of Security Cooperation 

19 in Iraq and security assistance teams, including life sup20 port, transportation and personal security, and facilities 

21 renovation and construction: Provided, That the authority 

22 made by this section shall continue in effect through the 

23 date specified in section 106(3) of this Act: Provided fur24 ther, That section 9014 of division A of Public Law 112– 

25 10 shall not apply to funds appropriated by this Act. 
8 

† HR 2017 EAS 

1 SEC. 117. Notwithstanding section 101, funds made 

2 available in title IX of division A of Public Law 112–10 

3 for ‘‘Overseas Contingency Operations’’ shall be available 

4 at a rate for operations not to exceed the rate permitted 

5 by H.R. 2219 (112th Congress) as passed by the House of 

6 Representatives on July 8, 2011. 

7 SEC. 118. The authority provided by section 127b of 

8 title 10, United States Code, shall continue in effect through 

9 the date specified in section 106(3) of this Act. 

10 SEC. 119. The authority provided by section 1202 of 

11 the John Warner National Defense Authorization Act for 

12 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), 

13 as extended by section 1204(b) of the Duncan Hunter Na14 tional Defense Authorization Act for Fiscal Year 2009 (Pub15 lic Law 110–417; 122 Stat. 4623), shall continue in effect 

16 through the date specified in section 106(3) of this Act. 

17 SEC. 120. Notwithstanding section 101, amounts are 

18 provided for ‘‘Defense Nuclear Facilities Safety Board— 

19 Salaries and Expenses’’ at a rate for operations of 

20 $29,130,000. 

21 SEC. 121. Notwithstanding any other provision of this 

22 Act, except section 106, the District of Columbia may ex23 pend local funds under the heading ‘‘District of Columbia 

24 Funds’’ for such programs and activities under title IV of 

25 H.R. 2434 (112th Congress), as reported by the Committee 
9 

† HR 2017 EAS 

1 on Appropriations of the House of Representatives, at the 

2 rate set forth under ‘‘District of Columbia Funds—Sum3 mary of Expenses’’ as included in the Fiscal Year 2012 

4 Budget Request Act of 2011 (D.C. Act 19–92), as modified 

5 as of the date of the enactment of this Act. 

6 SEC. 122. Notwithstanding section 101, amounts are 

7 provided for the necessary expenses of the Recovery Account8 ability and Transparency Board, to carry out its functions 

9 under title XV of division A of the American Recovery and 

10 Reinvestment Act of 2009 (Public Law 111–5), at a rate 

11 for operations of $28,350,000. 

12 SEC. 123. (a) Section 9(m) of the Small Business Act 

13 (15 U.S.C. 638(m)) shall be applied by substituting the date 

14 specified in section 106(3) of this Act for ‘‘September 30, 

15 2011’’. 

16 (b) Notwithstanding section 9(n)(1)(A) of the Small 

17 Business Act (15 U.S.C. 638(n)(1)(A)), the Small Business 

18 Technology Transfer Program shall continue in effect 

19 through the date specified in section 106(3) of this Act. 

20 (c) Notwithstanding section 9(y)(6) of the Small Busi21 ness Act (15 U.S.C. 638(y)(6)), the pilot program under 

22 section 9(y) of such Act shall continue in effect through the 

23 date specified in section 106(3) of this Act. 

24 SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, United 

25 States Code, is amended by striking ‘‘September 30, 2011’’ 
10 

† HR 2017 EAS 

1 and inserting the date specified in section 106(3) of this 

2 Act. 

3 SEC. 125. (a) Notwithstanding section 101, amounts 

4 are provided for ‘‘Department of Homeland Security—Fed5 eral Emergency Management Agency—Disaster Relief’’ at 

6 a rate for operations of $2,650,000,000: Provided, That the 

7 Secretary of Homeland Security shall provide a full ac8 counting of disaster relief funding requirements for such ac9 count for fiscal year 2012 not later than 15 days after the 

10 date of the enactment of this Act, and for fiscal year 2013 

11 in conjunction with the submission of the President’s budget 

12 request for fiscal year 2013. 

13 (b) The accounting described in subsection (a) for each 

14 fiscal year shall include estimates of the following amounts: 

15 (1) The unobligated balance of funds in such ac16 count that has been (or will be) carried over to such 

17 fiscal year from prior fiscal years. 

18 (2) The unobligated balance of funds in such ac19 count that will be carried over from such fiscal year 

20 to the subsequent fiscal year. 

21 (3) The amount of the rolling average of non-cat22 astrophic disasters, and the specific data used to cal23 culate such rolling average, for such fiscal year. 

24 (4) The amount that will be obligated each 

25 month for catastrophic events, delineated by event and 
11 

† HR 2017 EAS 

1 State, and the total remaining funding that will be 

2 required after such fiscal year for each such cata3 strophic event for each State. 

4 (5) The amount of previously obligated funds 

5 that will be recovered each month of such fiscal year. 

6 (6) The amount that will be required in such fis7 cal year for emergencies, as defined in section 102(1) 

8 of the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5122(1)). 

10 (7) The amount that will be required in such fis11 cal year for major disasters, as defined in section 

12 102(2) of the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5122(2)). 

14 (8) The amount that will be required in such fis15 cal year for fire management assistance grants, as de16 fined in section 420 of the Robert T. Stafford Disaster 

17 Relief and Emergency Assistance Act (42 U.S.C. 

18 5187). 

19 SEC. 126. Any funds made available pursuant to sec20 tion 101 for the Department of Homeland Security may 

21 be obligated at a rate for operations necessary to sustain 

22 essential security activities, such as: staffing levels of oper23 ational personnel; immigration enforcement and removal 

24 functions, including sustaining not less than necessary de25 tention bed capacity; and United States Secret Service pro-
12 

† HR 2017 EAS 

1 tective activities, including protective activities necessary to 

2 secure National Special Security Events. The Secretary of 

3 Homeland Security shall notify the Committees on Appro4 priations of the House of Representatives and the Senate 

5 on each use of the authority provided in this section. 

6 SEC. 127. The authority provided by section 532 of 

7 Public Law 109–295 shall continue in effect through the 

8 date specified in section 106(3) of this Act. 

9 SEC. 128. The authority provided by section 831 of 

10 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 

11 continue in effect through the date specified in section 

12 106(3) of this Act. 

13 SEC. 129. Section 550(b) of the Department of Home14 land Security Appropriations Act, 2007 (6 U.S.C. 121 note) 

15 shall be applied by substituting the date specified in section 

16 106(3) of this Act for ‘‘October 4, 2011’’. 

17 SEC. 130. Sections 1309(a) and 1319 of the National 

18 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 

19 shall be applied by substituting the date specified in section 

20 106(3) of this Act for ‘‘September 30, 2011’’. 

21 SEC. 131. Section 330 of the Department of the Inte22 rior and Related Agencies Appropriations Act, 2001 (42 

23 U.S.C. 1701 note), concerning Service First authorities, 

24 shall continue in effect through the date specified in section 

25 106(3) of this Act. 
13 

† HR 2017 EAS 

1 SEC. 132. Notwithstanding section 101, section 1807 

2 of Public Law 112–10 shall be applied by substituting 

3 ‘‘$374,743,000’’ for ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for 

4 ‘‘$3,000,000’’. 

5 SEC. 133. The second proviso of section 1801(a)(3) of 

6 Public Law 112–10 is amended by striking ‘‘appropriation 

7 under this subparagraph’’ and inserting ‘‘appropriations 

8 made available by this Act’’. 

9 SEC. 134. Notwithstanding section 101, amounts are 

10 provided for ‘‘Federal Mine Safety and Health Review 

11 Commission—Salaries and Expenses’’ at a rate for oper12 ations of $14,510,000. 

13 SEC. 135. Sections 399AA(e), 399BB(g), and 399CC(f) 

14 of the Public Health Service Act (42 U.S.C. 280i(e), 280i– 

15 1(g), 280i–2(f)) shall be applied by substituting the date 

16 specified in section 106(3) of this Act for ‘‘September 30, 

17 2011’’. 

18 SEC. 136. Notwithstanding section 101, section 2005 

19 of division B of Public Law 112–10 shall be applied by 

20 substituting ‘‘$0’’ for each dollar amount. 

21 SEC. 137. The Export-Import Bank Act of 1945 (12 

22 U.S.C. 635 et seq.) shall be applied by substituting the date 

23 specified in section 106(3) of this Act for ‘‘September 30, 

24 2011’’ in section 7 of such Act. 
14 

† HR 2017 EAS 

1 SEC. 138. Section 209 of the International Religious 

2 Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by 

3 substituting the date specified in section 106(3) of this Act 

4 for ‘‘September 30, 2011’’. 

5 SEC. 139. Commitments to guarantee loans incurred 

6 under the General and Special Risk Insurance Funds, as 

7 authorized by sections 238 and 519 of the National Housing 

8 Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed a rate 

9 for operations of $25,000,000,000: Provided, That total loan 

10 principal, any part of which is to be guaranteed, may be 

11 apportioned through the date specified in section 106(3) of 

12 this Act, at $80,000,000 multiplied by the number of days 

13 covered in this Act. 

14 SEC. 140. (a) RENEWAL OF IMPORT RESTRICTIONS

15 UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF

16 2003.— 

17 (1) IN GENERAL.—Congress approves the renewal 

18 of the import restrictions contained in section 3(a)(1) 

19 and section 3A (b)(1) and (c)(1) of the Burmese Free20 dom and Democracy Act of 2003. 

21 (2) RULE OF CONSTRUCTION.—This section shall 

22 be deemed to be a ‘‘renewal resolution’’ for purposes 

23 of section 9 of the Burmese Freedom and Democracy 

24 Act of 2003. 
15 

† HR 2017 EAS 

1 (b) EFFECTIVE DATE.—This section shall take effect 

2 on July 26, 2011. 

3 (c) APPLICABILITY.—This section shall not be subject 

4 to any other provision of this Act. 

5 This Act may be cited as the ‘‘Continuing Appropria6 tions Act, 2012’’. 

Amend the title so as to read: ‘‘An Act making continuing appropriations for fiscal year 2012, and for other 

purposes.’’. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION H.R. 2017 

AMENDMENTS