[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2017 Engrossed Amendment Senate (EAS)]
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:
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.
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) October 4, 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 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 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, is amended by striking ``September 30, 2011'' and inserting the
date specified in section 106(3) of this Act.
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
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)) 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''.
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