Continuing Appropriations Act, 2012
PL 112-36 (H.R.2608), enacted 10/05/2011

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 cor-
porate or other revenues, receipts, and funds, for the several depart-
ments, 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 avail-
able 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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125 STAT. 387 
PUBLIC LAW 112–36—OCT. 5, 2011 
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 pursu-
ant 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 appor-
tionments 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 appropria-
tions 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 activi-
ties. 
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 condi-
tions 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 pay-
ments 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 Authori-
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
tions 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 Emer-
gency 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 Mainte-
nance—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 Contin-
gency 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 speci-
fied 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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125 STAT. 389 
PUBLIC LAW 112–36—OCT. 5, 2011 
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 Rep-
resentatives, 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 pro-
vided 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 require-
ments 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 activi-
ties, 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 Home-
land 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 Home-
land 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 Secu-
rity 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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125 STAT. 391 
PUBLIC LAW 112–36—OCT. 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. 
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 BUR-
MESE 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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