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:
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 joint resolution, 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 1.409 percent.
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.
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.
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.
105.Appropriations
made and authority granted pursuant to this joint resolution 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 joint resolution.
106.Unless otherwise
provided for in this joint resolution or in the applicable appropriations Act
for fiscal year 2012, appropriations and funds made available and authority
granted pursuant to this joint resolution 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 joint
resolution;(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.
107.Expenditures made
pursuant to this joint resolution 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.
108.Appropriations
made and funds made available by or authority granted pursuant to this joint
resolution 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 joint resolution may be construed to waive any
other provision of law governing the apportionment of funds.
109.Notwithstanding any other provision of this
joint resolution, 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 joint resolution that would impinge on
final funding prerogatives.
110.This joint
resolution shall be implemented so that only the most limited funding action of
that permitted in the joint resolution shall be taken in order to provide for
continuation of projects and activities.
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.
112.Amounts made
available under section 101 for civilian personnel compensation and benefits in
each department and 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.
113.Funds
appropriated by this joint resolution 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)).
114.(a)Except as provided in subsection (b), each
amount incorporated by reference in this joint resolution 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 joint resolution 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”.
115.During the period covered by this joint
resolution, amounts appropriated for fiscal year 2012 that were provided in
advance by appropriations Acts shall be available at the rate for operations as
provided in such Acts, reduced by the percentage in section 101(b).
116.Notwithstanding section 101, amounts made
available by this joint resolution 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 joint resolution: Provided further, That section 9014
of division A of Public Law 112–10 shall not apply to funds appropriated by
this joint resolution.
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.
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 joint resolution.
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 continue in effect through the date specified
in section 106(3) of this joint resolution.
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.
121.Notwithstanding any other provision of this
joint resolution, 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 joint
resolution.
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.
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 joint resolution 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 joint resolution.
(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 joint resolution.
124.Section 8909a(d)(3)(A)(v) of title 5,
United States Code, is amended by striking September 30, 2011
and inserting the date specified in section 106(3) of this joint
resolution.
125.Notwithstanding any other provision of this
joint resolution, effective on the date of the enactment of this joint
resolution, of the unobligated balances remaining available to the Department
of Energy pursuant to section 129 of the Continuing Appropriations Resolution,
2009 (division A of Public Law 110–329), $500,000,000 is rescinded,
$774,000,000 is hereby transferred to and merged with Department of
Homeland Security—Federal Emergency Management Agency—Disaster Relief
,
and $226,000,000 is hereby transferred to and merged with Corps of
Engineers-Civil—Flood Control and Coastal Emergencies
:
Provided, That the amounts made available by this section for
the Corps of Engineers-Civil shall be for emergency expenses for repair of
damage caused by the storm and flood events occurring in 2011: Provided
further, That the amounts transferred by this section shall remain
available until expended: Providedfurther,
That each amount transferred by this section is designated as an emergency
pursuant to section 3(c)(1) 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.
126.(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 joint resolution, 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 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).
127.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.
128.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 joint resolution.
129.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 joint resolution.
130.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 joint resolution
for October 4, 2011
.
131.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 joint resolution for
September 30, 2011
.
132.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 joint resolution.
133.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
.
134.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”.
135.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.
136.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))
shall be applied by substituting the date specified in section 106(3) of this
joint resolution for “September 30, 2011”.
137.Notwithstanding section 101, section 2005
of division B of Public Law 112–10 shall be applied by substituting
$0
for each dollar amount.
138.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 joint resolution for September 30, 2011
in section 7 of such Act.
139.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 joint resolution for September 30,
2011
.
140.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 joint
resolution, at $80,000,000 multiplied by the number of days covered in this
joint resolution.
141.(a)Renewal of import
restrictions under Burmese Freedom and Democracy Act of 2003
(1)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)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)The budgetary
effects of this section, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
statement titled Budgetary Effects of PAYGO Legislation
for this
section, submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been submitted
prior to the vote on passage.
(c)This section shall take
effect on July 26, 2011.
(d)This
section shall not be subject to any other provision of this joint
resolution.
This joint resolution may be cited as the
Continuing Appropriations Resolution,
2012
.