[Congressional Record Volume 157, Number 144 (Monday, September 26, 2011)]
[Senate]
[Pages S5994-S6003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 661. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 656 proposed by Mr. Reid to the bill H.R. 2608, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, strike lines 16 through 23, and insert in lieu 
     thereof:
       (1) an additional amount for ``Department of Homeland 
     Security--Federal Emergency Management Agency--Disaster 
     Relief'', $774,000,000, to remain available until expended; 
     and
       (2) an additional amount for ``Corps of Engineers-Civil--
     Flood Control and Coastal

[[Page S5995]]

     Emergencies'', $226,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 662. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 656 proposed by Mr. Reid to the bill H.R. 2608, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike all after the word ``The'' on page 1, line 4, and 
     insert the following:

     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) 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 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

[[Page S5996]]

     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''.
                                 ______
                                 
  SA 663. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 656 proposed by Mr. Reid to the bill H.R. 2608, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of this Act, 
     amounts are provided for ``Department of Commerce--United 
     States Patent and Trademark Office--Salaries and Expenses,'' 
     for necessary expenses of the United States Patent and 
     Trademark Office provided for by law, at a rate of operations 
     of $2,706,313,000, to remain available until expended:  
     Provided, That the sum herein appropriated from the general 
     fund shall be reduced as offsetting collections assessed and 
     collected pursuant to section 31 of the Act entitled ``An Act 
     to provide for the registration and protection of trademarks 
     used in commerce, to carry out the provisions of certain 
     international conventions, and for other purposes'', approved 
     July 5, 1946 (commonly referred to as the ``Trademark Act of 
     1946'') (15 U.S.C. 1113) and sections 41 and 376 of title 35, 
     United States Code, are received during fiscal year 2012, so 
     as to result in a fiscal year 2012 appropriation from the 
     general fund estimated at $0:  Provided further, That during 
     fiscal year 2012, should the total amount of offsetting fee 
     collections be less than $2,706,313,000, this amount shall be 
     reduced accordingly:  Provided further, That any amount 
     received in excess of $2,706,313,000 in fiscal year 2012 and 
     deposited in the Patent and Trademark Fee Reserve Fund shall 
     remain available until expended:  Provided further, That the 
     Director of the Patent and Trademark Office shall submit a 
     spending plan to the Committees on Appropriations of the 
     House of Representatives and the Senate for any amounts made 
     available by the preceding proviso and such spending plan 
     shall be treated as a reprogramming under section 505 of 
     division B of Public Law 111-117 and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in that section.
                                 ______
                                 
  SA 664. Mr. MANCHIN submitted an amendment intended to be proposed to 
amendment SA 656 proposed by Mr. Reid to the bill H.R. 2608, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Of the amounts appropriated or otherwise made 
     available for the Department of State for fiscal year 2011 
     for activities in Afghanistan that remain available for 
     obligation as of the date of the enactment of this Act, 
     $1,600,000,000 is hereby rescinded.
                                 ______
                                 
  SA 665. Mr. REID proposed an amendment to the bill H.R. 2608, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
as follows:

       In lieu of the matter proposed to be inserted by the House 
     amendment to Senate amendment, 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

[[Page S5997]]

     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) 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 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

[[Page S5998]]

     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''.
                                 ______
                                 
  SA 666. Mr. REID proposed an amendment to the bill H.R. 2017, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
as follows:

       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

[[Page S5999]]

     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

[[Page S6000]]

     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''.
                                 ______
                                 
  SA 667. Mr. REID proposed an amendment to the bill H.R. 2017, making 
continuing appropriations for fiscal year 2012, and for other purposes; 
as follows:

       Amend the title so as to read: ``An Act making continuing 
     appropriations for fiscal year 2012, and for other 
     purposes.''
                                 ______
                                 
  SA 668. Mr. REID (for Mr. Isakson (for himself and Mrs. Boxer)) 
proposed an amendment to the bill S. 1280, to amend the Peace Corps Act 
to require sexual assault risk-reduction and response training, and the 
development of sexual assault protocol and guidelines, the 
establishment of victims advocates, the establishment of a Sexual 
Assault Advisory Council, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kate Puzey Peace Corps 
     Volunteer Protection Act of 2011''.

     SEC. 2. PEACE CORPS VOLUNTEER PROTECTION.

       The Peace Corps Act is amended by inserting after section 8 
     (22 U.S.C. 2507) the following new sections:


         ``sexual assault risk-reduction and response training

       ``Sec. 8A.  (a) In General.--As part of the training 
     provided to all volunteers under section 8(a), the President 
     shall develop and implement comprehensive sexual assault 
     risk-reduction and response training that, to the extent 
     practicable, conforms to best practices in the sexual assault 
     field.
       ``(b) Development and Consultation With Experts.--In 
     developing the sexual assault risk-reduction and response 
     training under subsection (a), the President shall consult 
     with and incorporate, as appropriate, the recommendations and 
     views of experts in the sexual assault field.
       ``(c) Subsequent Training.--Once a volunteer has arrived in 
     his or her country of service, the President shall provide 
     the volunteer with training tailored to the country of 
     service that includes cultural training relating to gender 
     relations, risk-reduction strategies, treatment available in 
     such country (including sexual assault forensic exams, post-
     exposure prophylaxis (PEP) for HIV exposure, screening for 
     sexually transmitted diseases, and pregnancy testing), 
     MedEvac procedures, and information regarding a victim's 
     right to pursue legal action against a perpetrator.
       ``(d) Information Regarding Crimes and Risks.--Each 
     applicant for enrollment as a volunteer shall be provided 
     with information regarding crimes against and risks to 
     volunteers in the country in which the applicant has been 
     invited to serve, including an overview of past crimes 
     against volunteers in the country.
       ``(e) Contact Information.--The President shall provide 
     each applicant, before the applicant enrolls as a volunteer, 
     with--
       ``(1) the contact information of the Inspector General of 
     the Peace Corps for purposes of reporting sexual assault 
     mismanagement or any other mismanagement, misconduct, 
     wrongdoing, or violations of law or policy whenever it 
     involves a Peace Corps employee, volunteer, contractor, or 
     outside party that receives funds from the Peace Corps;
       ``(2) clear, written guidelines regarding whom to contact, 
     including the direct telephone number for the designated 
     Sexual Assault Response Liaison (SARL) and the Office of 
     Victim Advocacy and what steps to take in the event of a 
     sexual assault or other crime; and
       ``(3) contact information for a 24-hour sexual assault 
     hotline to be established for the purpose of providing 
     volunteers a mechanism to anonymously--
       ``(A) report sexual assault;
       ``(B) receive crisis counseling in the event of a sexual 
     assault; and
       ``(C) seek information about Peace Corps sexual assault 
     reporting and response procedures.
       ``(f) Definitions.--In this section and sections 8B through 
     8G:
       ``(1) Personally identifying information.--The term 
     `personally identifying information' means individually 
     identifying information for or about a volunteer who is a 
     victim of sexual assault, including information likely to 
     disclose the location of such victim, including the 
     following:
       ``(A) A first and last name.
       ``(B) A home or other physical address.
       ``(C) Contact information (including a postal, email, or 
     Internet protocol address, or telephone or facsimile number).
       ``(D) A social security number.
       ``(E) Any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that, 
     in combination with information described in subparagraphs 
     (A) through (D), would serve to identify the victim.
       ``(2) Restricted reporting.--
       ``(A) In general.--The term `restricted reporting' means a 
     system of reporting that allows a volunteer who is sexually 
     assaulted to confidentially disclose the details of his or 
     her assault to specified individuals and receive the services 
     outlined in section 8B(c) without the dissemination of his or 
     her personally identifying information except as necessary 
     for the provision of such services, and without automatically 
     triggering an official investigative process.
       ``(B) Exceptions.--In cases in which volunteers elect 
     restricted reporting, disclosure of their personally 
     identifying information is authorized to the following 
     persons or organizations when disclosure would be for the 
     following reasons:
       ``(i) Peace Corps staff or law enforcement when authorized 
     by the victim in writing.
       ``(ii) Peace Corps staff or law enforcement to prevent or 
     lessen a serious or imminent threat to the health or safety 
     of the victim or another person.
       ``(iii) SARLs, victim advocates or healthcare providers 
     when required for the provision of victim services.
       ``(iv) State and Federal courts when ordered, or if 
     disclosure is required by Federal or State statute.
       ``(C) Notice of disclosure and privacy protection.--In 
     cases in which information is disclosed pursuant to 
     subparagraph (B), the President shall--
       ``(i) make reasonable attempts to provide notice to the 
     volunteer with respect to whom such information is being 
     released; and
       ``(ii) take such action as is necessary to protect the 
     privacy and safety of the volunteer.
       ``(3) Sexual assault.--The term `sexual assault' means any 
     conduct prescribed by chapter 109A of title 18, United States 
     Code, whether or not the conduct occurs in the special 
     maritime and territorial jurisdiction of the United States, 
     and includes both assaults committed by offenders who are 
     strangers to the victim and assaults committed by offenders 
     who are known or related by blood or marriage to the victim.
       ``(4) Stalking.--The term `stalking' means engaging in a 
     course of conduct directed at a specific person that would 
     cause a reasonable person to--
       ``(A) fear for his or her safety or the safety of others; 
     or
       ``(B) suffer substantial emotional distress.


                        ``sexual assault policy

       ``Sec. 8B.  (a) In General.--The President shall develop 
     and implement a comprehensive sexual assault policy that--
       ``(1) includes a system for restricted and unrestricted 
     reporting of sexual assault;
       ``(2) mandates, for each Peace Corps country program, the 
     designation of a Sexual Assault Response Liaison (SARL), who 
     shall receive comprehensive training on procedures to respond 
     to reports of sexual assault, with duties including ensuring 
     that volunteers who are victims of sexual assault are moved 
     to a safe environment and accompanying victims through the 
     in-country response at the request of the victim;
       ``(3) requires SARLs to immediately contact a Victim 
     Advocate upon receiving a report of sexual assault in 
     accordance with the restricted and unrestricted reporting 
     guidelines promulgated by the Peace Corps;
       ``(4) to the extent practicable, conforms to best practices 
     in the sexual assault field;
       ``(5) is applicable to all posts at which volunteers serve; 
     and
       ``(6) includes a guarantee that volunteers will not suffer 
     loss of living allowances for reporting a sexual assault.
       ``(b) Development and Consultation With Experts.--In 
     developing the sexual assault policy under subsection (a), 
     the President shall consult with and incorporate, as 
     appropriate, the recommendations and views of experts in the 
     sexual assault field, including experts with international 
     experience.

[[Page S6001]]

       ``(c) Elements.--The sexual assault policy developed under 
     subsection (a) shall include, at a minimum, the following 
     services with respect to a volunteer who has been a victim of 
     sexual assault:
       ``(1) The option of pursuing either restricted or 
     unrestricted reporting of an assault.
       ``(2) Provision of a SARL and Victim's Advocate to the 
     volunteer.
       ``(3) At a volunteer's discretion, provision of a sexual 
     assault forensic exam in accordance with applicable host 
     country law.
       ``(4) If necessary, the provision of emergency health care, 
     including a mechanism for such volunteer to evaluate such 
     provider.
       ``(5) If necessary, the provision of counseling and 
     psychiatric medication.
       ``(6) Completion of a safety and treatment plan with the 
     volunteer, if necessary.
       ``(7) Evacuation of such volunteer for medical treatment, 
     accompanied by a Peace Corps staffer at the request of such 
     volunteer. When evacuated to the United States, such 
     volunteer shall be provided, to the extent practicable, a 
     choice of medical providers including a mechanism for such 
     volunteers to evaluate the provider.
       ``(8) An explanation to the volunteer of available law 
     enforcement and prosecutorial options, and legal 
     representation.
       ``(d) Training.--The President shall train all staff 
     outside the United States regarding the sexual assault policy 
     developed under subsection (a).


                      ``office of victim advocacy

       ``Sec. 8C.  (a) Establishment of Office of Victim 
     Advocacy.--
       ``(1) In general.--The President shall establish an Office 
     of Victim Advocacy in Peace Corps headquarters headed by a 
     full-time victim advocate who shall report directly to the 
     Director. The Office of Victim Advocacy may deploy personnel 
     abroad when necessary to help assist victims.
       ``(2) Prohibition.--Peace Corps Medical Officers, Safety 
     and Security Officers, and program staff may not serve as 
     victim advocates. The victim advocate referred to in 
     paragraph (1) may not have any other duties in the Peace 
     Corps that are not reasonably connected to victim advocacy.
       ``(3) Exemption.--The victim advocate and any additional 
     victim advocates shall be exempt from the limitations 
     specified in subparagraphs (A) and (B) of paragraph (2) and 
     paragraph (5) under section 7(a) of the Peace Corps Act (22 
     U.S.C. 2506(a)).
       ``(b) Responsibilities.--
       ``(1) Victims of sexual assault.--The Office of Victim 
     Advocacy shall help develop and update the sexual assault 
     risk-reduction and response training described in section 8A 
     and the sexual assault policy described in section 8B, ensure 
     that volunteers who are victims of sexual assault receive 
     services specified in section 8B(c), and facilitate their 
     access to such services.
       ``(2) Other crimes.--In addition to assisting victims of 
     sexual assault in accordance with paragraph (1), the Office 
     of Victim Advocacy shall assist volunteers who are victims of 
     crime by making such victims aware of the services available 
     to them and facilitating their access to such services.
       ``(3) Priority.--The Office of Victim Advocacy shall give 
     priority to cases involving serious crimes, including sexual 
     assault and stalking.
       ``(c) Status Updates.--The Office of Victim Advocacy shall 
     provide to volunteers who are victims regular updates on the 
     status of their cases if such volunteers have opted to pursue 
     prosecution.
       ``(d) Transition.--The Office of Victim Advocacy shall 
     assist volunteers who are victims of crime and whose service 
     has terminated in receiving the services specified in section 
     8B(c) requested by such volunteer.


           ``establishment of sexual assault advisory council

       ``Sec. 8D.  (a) Establishment.--There is established a 
     Sexual Assault Advisory Council (in this section referred to 
     as the `Council').
       ``(b) Membership.--The Council shall be composed of not 
     less than 8 individuals selected by the President, not later 
     than 180 days after the date of the enactment of this 
     section, who are returned volunteers (including volunteers 
     who were victims of sexual assault and volunteers who were 
     not victims of sexual assault) and governmental and 
     nongovernmental experts and professionals in the sexual 
     assault field. No Peace Corps employee shall be a member of 
     the Council. The number of governmental experts appointed to 
     the Council shall not exceed the number of nongovernmental 
     experts.
       ``(c) Functions; Meetings.--The Council shall meet not less 
     often than annually to review the sexual assault risk-
     reduction and response training developed under section 8A, 
     the sexual assault policy developed under section 8B, and 
     such other matters related to sexual assault the Council 
     views as appropriate, to ensure that such training and policy 
     conform to the extent practicable to best practices in the 
     sexual assault field.
       ``(d) Reports.--On an annual basis for 5 years after the 
     date of the enactment of this section and at the discretion 
     of the Council thereafter, the Council shall submit to the 
     President and the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives a report on its findings based on 
     the reviews conducted pursuant to subsection (c).
       ``(e) Employee Status.--Members of the Council shall not be 
     considered employees of the United States Government for any 
     purpose and shall not receive compensation other than 
     reimbursement of travel expenses and per diem allowance in 
     accordance with section 5703 of title 5, United States Code.
       ``(f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Council.


              ``volunteer feedback and peace corps review

       ``Sec. 8E.  (a) Monitoring and Evaluation.--Not later than 
     1 year after the date of the enactment of this section, the 
     President shall establish goals, metrics, and monitoring and 
     evaluation plans for all Peace Corps programs. Monitoring and 
     evaluation plans shall incorporate best practices from 
     monitoring and evaluation studies and analyses.
       ``(b) Performance Plans and Elements.--The President shall 
     establish performance plans with performance elements and 
     standards for Peace Corps representatives and shall review 
     the performance of Peace Corps representatives not less than 
     annually to determine whether they have met these performance 
     elements and standards. Nothing in this subsection shall be 
     construed as limiting the discretion of the President to 
     remove a Peace Corps representative.
       ``(c) Annual Volunteer Surveys.--The President shall 
     annually conduct a confidential survey of volunteers 
     regarding the effectiveness of Peace Corps programs and staff 
     and the safety of volunteers. The results shall be provided 
     in aggregate form without identifying information to the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives. Results from the annual volunteer survey 
     shall be considered in reviewing the performance of Peace 
     Corps representatives under subsection (a).
       ``(d) Peace Corps Inspector General.--The Inspector General 
     of the Peace Corps shall--
       ``(1) submit to the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives--
       ``(A) a biennial report on reports received from volunteers 
     relating to misconduct, mismanagement, or policy violations 
     of Peace Corps staff, any breaches of the confidentiality of 
     volunteers, and any actions taken to assure the safety of 
     volunteers who provide such reports;
       ``(B) a report, not later than two years after the date of 
     the enactment of this section and every three years 
     thereafter, evaluating the effectiveness and implementation 
     of the sexual assault risk-reduction and response training 
     developed under section 8A and the sexual assault policy 
     developed under section 8B, including a case review of a 
     statistically significant number of cases; and
       ``(C) a report, not later than two years after the date of 
     the enactment of this section, describing how Peace Corps 
     representatives are hired, how Peace Corps representatives 
     are terminated, and how Peace Corps representatives hire 
     staff, including an assessment of the implementation of the 
     performance plans described in subsection (b); and
       ``(2) when conducting audits or evaluations of Peace Corps 
     programs overseas, notify the Director of the Peace Corps 
     about the results of such evaluations, including concerns the 
     Inspector General has noted, if any, about the performance of 
     Peace Corps representatives, for appropriate action.


                ``establishment of a policy on stalking

       ``Sec. 8F.  (a) In General.--The President shall develop 
     and implement a comprehensive policy on stalking that--
       ``(1) requires an immediate, effective, and thorough 
     response from the Peace Corps upon receipt of a report of 
     stalking;
       ``(2) provides, during training, all Peace Corps volunteers 
     with a point of contact for the reporting of stalking; and
       ``(3) protects the confidentiality of volunteers who report 
     stalking to the maximum extent practicable.
       ``(b) Development and Consultation With Experts.--In 
     developing the stalking policy under subsection (a), the 
     President shall consult with and incorporate, as appropriate, 
     the recommendations and views of those with expertise 
     regarding the crime of stalking.
       ``(c) Training of In-country Staff.--The President shall 
     provide for the training of all in-country staff regarding 
     the stalking policy developed under subsection (a).


         ``establishment of a confidentiality protection policy

       ``Sec. 8G.  (a) In General.--The President shall establish 
     and maintain a process to allow volunteers to report 
     incidents of misconduct or mismanagement, or violations of 
     any policy, of the Peace Corps in order to protect the 
     confidentiality and safety of such volunteers and of the 
     information reported, and to ensure that such information is 
     acted on appropriately. This process shall conform to 
     existing best practices regarding confidentiality.
       ``(b) Guidance.--The President shall provide additional 
     training to officers and employees of the Peace Corps who 
     have access to information reported by volunteers under 
     subsection (a) in order to protect against the

[[Page S6002]]

     inappropriate disclosures of such information and ensure the 
     safety of such volunteers.
       ``(c) Penalty.--Any Peace Corps volunteer or staff member 
     who is responsible for maintaining confidentiality under 
     subsection (a) and who breaches such duty shall be subject to 
     disciplinary action, including termination, and in the case 
     of a staff member, ineligibility for re-employment with the 
     Peace Corps.


                ``removal and assessment and evaluation

       ``Sec. 8H.  (a) In General.--If a volunteer requests 
     removal from the site in which such volunteer is serving 
     because the volunteer feels at risk of imminent bodily harm, 
     the President shall, as expeditiously as practical after 
     receiving such request, remove the volunteer from the site. 
     If the President receives such a request, the President shall 
     assess and evaluate the safety of such site and may not 
     assign another volunteer to the site until such time as the 
     assessment and evaluation is complete and the site has been 
     determined to be safe. Volunteers may remain at a site during 
     the assessment and evaluation.
       ``(b) Determination of Site as Unsafe.--If the President 
     determines that a site is unsafe for any remaining volunteers 
     at the site, the President shall, as expeditiously as 
     practical, remove all volunteers from the site.
       ``(c) Tracking and Recording.--The President shall 
     establish a global tracking and recording system to track and 
     record incidents of crimes against volunteers.


                        ``reporting requirements

       ``Sec. 8I.  (a) In General.--The President shall annually 
     submit to the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives a report summarizing information 
     on--
       ``(1) sexual assault of volunteers;
       ``(2) other crimes against volunteers;
       ``(3) the number of arrests, prosecutions, and 
     incarcerations for crimes involving Peace Corps volunteers 
     for every country in which volunteers serve; and
       ``(4) the annual rate of early termination of volunteers, 
     including demographic data associated with such early 
     termination.
       ``(b) GAO.--Not later than one year after the date of the 
     enactment of this section, the Comptroller General of the 
     United States shall submit to the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives a report 
     evaluating the quality and accessibility of health care 
     provided through the Department of Labor to returned 
     volunteers upon their separation from the Peace Corps.
       ``(c) Access to Communications.--
       ``(1) In general.--The President shall determine the level 
     of access to communication, including cellular and Internet 
     access, of each volunteer.
       ``(2) Report.--Not later than six months after the date of 
     the enactment of this section, the President shall submit to 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives a report on the costs, feasibility, and 
     benefits of providing all volunteers with access to adequate 
     communication, including cellular service and Internet 
     access.''.

     SEC. 3. RETENTION OF COUNSEL FOR CRIME VICTIMS.

       Section 5(l) of the Peace Corps Act (22 U.S.C. 2504(l)) is 
     amended by inserting before the period at the end the 
     following: ``and counsel may be employed and counsel fees, 
     court costs and other expenses may be paid in the support of 
     volunteers who are parties, complaining witnesses, or 
     otherwise participating in the prosecution of crimes 
     committed against such volunteers''.

     SEC. 4. SENSE OF CONGRESS ON STAFFING OF OFFICE OF VICTIM 
                   ADVOCACY.

       It is the sense of Congress that--
       (1) the Office of Victim Advocacy established under section 
     8C of the Peace Corps Act, as added by section 2, should 
     provide an adequate number of victim advocates so that each 
     victim of crime receives critical information and support;
       (2) any full-time victim advocates and any additional 
     victim advocates should be credentialed by a national victims 
     assistance body; and
       (3) the training required under section 8A(a) of the Peace 
     Corps Act, as added by section 2, should be credentialed by a 
     national victims assistance body.

     SEC. 5. PERSONAL SERVICE CONTRACTS.

       The Peace Corps Act is amended--
       (1) in section 7(a)(3) (22 U.S.C. 2506(a)(3)), by inserting 
     ``, or contracted with for personal services under section 
     10(a)(5),'' after ``employed, appointed, or assigned under 
     this subsection''; and
       (2) in section 10(a)(5) (22 U.S.C. 2509(a)(5)), by striking 
     ``any purpose'' and inserting ``the purposes of any law 
     administered by the Office of Personnel Management (except 
     that the President may determine the applicability to such 
     individuals of provisions of the Foreign Service Act of 1980 
     (22 U.S.C. 3901 et seq.))''.

     SEC. 6. INDEPENDENCE OF THE INSPECTOR GENERAL OF THE PEACE 
                   CORPS.

       Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is 
     amended by adding at the end the following new paragraph:
       ``(7) The limitations specified in subparagraphs (A) and 
     (B) of paragraph (2) and in paragraph (5) shall not apply 
     to--
       ``(A) the Inspector General of the Peace Corps; and
       ``(B) officers and employees of the Office of the Inspector 
     General of the Peace Corps.''.

     SEC. 7. CONFORMING SAFETY AND SECURITY AGREEMENT REGARDING 
                   PEACE CORPS VOLUNTEERS SERVING IN FOREIGN 
                   COUNTRIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Peace Corps 
     shall consult with the Assistant Secretary of State for 
     Diplomatic Security and enter into a memorandum of 
     understanding that specifies the duties and obligations of 
     the Peace Corps and the Bureau of Diplomatic Security of the 
     Department of State with respect to the protection of Peace 
     Corps volunteers and staff members serving in foreign 
     countries, including with respect to investigations of safety 
     and security incidents and crimes committed against 
     volunteers and staff members.
       (b) Inspector General Review.--
       (1) Review.--The Inspector General of the Peace Corps shall 
     review the memorandum of understanding described in 
     subsection (a) and be afforded the opportunity to recommend 
     changes that advance the safety and security of Peace Corps 
     volunteers before entry into force of the memorandum of 
     understanding.
       (2) Report.--The Director of the Peace Corps shall consider 
     the recommendations of the Inspector General of the Peace 
     Corps regarding the memorandum of understanding described in 
     subsection (a). If the Director enters into the memorandum of 
     understanding without implementing a recommendation of the 
     Inspector General, the Director shall submit to the Inspector 
     General a written explanation relating thereto.
       (c) Failure to Meet Deadline.--
       (1) Requirement to submit report.--If, by the date that is 
     180 days after the date of the enactment of this Act, the 
     Director of the Peace Corps is unable to obtain agreement 
     with the Assistant Secretary of State for Diplomatic Security 
     and certification by the Inspector General of the Peace 
     Corps, the Director shall submit to the committees of 
     Congress specified in paragraph (2) a report explaining the 
     reasons for such failure and a certification that substantial 
     steps are being taken to make progress toward agreement.
       (2) Committees of congress specified.--The committees of 
     Congress specified in this paragraph are the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives.

     SEC. 8. PORTFOLIO REVIEWS.

       (a) In General.--The Director of the Peace Corps shall, at 
     least once every 3 years, perform a review to evaluate the 
     allocation and delivery of resources across the countries the 
     Peace Corps serves or is considering for service. Such 
     portfolio reviews shall at a minimum include the following 
     with respect to each such country:
       (1) An evaluation of the country's commitment to the Peace 
     Corps program.
       (2) An analysis of the safety and security of volunteers.
       (3) An evaluation of the country's need for assistance.
       (4) An analysis of country program costs.
       (5) An evaluation of the effectiveness of management of 
     each post within a country.
       (6) An evaluation of the country's congruence with the 
     Peace Corp's mission and strategic priorities.
       (b) Briefing.--Upon request of the Chairman and Ranking 
     Member of the Committee on Foreign Relations of the Senate or 
     the Committee on Foreign Affairs of the House of 
     Representatives, the Director of the Peace Corps shall brief 
     such committees on each portfolio review required under 
     subsection (a). If requested, each such briefing shall 
     discuss performance measures and sources of data used (such 
     as project status reports, volunteer surveys, impact studies, 
     reports of Inspector General of the Peace Corps, and any 
     relevant external sources) in making the findings and 
     conclusions in such review.

     SEC. 9. CONFORMING AMENDMENTS.

       (a) Inclusion of Sexual Assault Risk-reduction and Response 
     Training.--The Peace Corps Act is amended--
       (1) in section 5(a) (22 U.S.C. 2504(a)), in the second 
     sentence, by inserting ``(including training under section 
     8A)'' after ``training''; and
       (2) in section 8(a) (22 U.S.C. 2507(a)), in the first 
     sentence, by inserting ``, including training under section 
     8A,'' after ``training''.
       (b) Certain Services.--Section 5(e) of the Peace Corps Act 
     (22 U.S.C. 2504(e)) is amended, in the first sentence--
       (1) by inserting ``(including, if necessary, for volunteers 
     and trainees, services under section 8B)'' after ``health 
     care''; and
       (2) by inserting ``including services provided in 
     accordance with section 8B (except that the six-month 
     limitation shall not apply in the case of such services),'' 
     before ``as the President''.

     SEC. 10. OFFSET OF COSTS AND PERSONNEL.

       Notwithstanding any other provision of law, the Direct of 
     the Peace Corps shall--
       (1) eliminate such initiatives, positions, and programs 
     within the Peace Corps (other than within the Office of 
     Inspector General) as the Director deems necessary to ensure 
     any and all costs incurred to carry out the provisions of 
     this Act, and the amendments made by this Act, are entirely 
     offset;

[[Page S6003]]

       (2) ensure no net increase in personnel are added to carry 
     out the provisions of this Act, with any new full or part 
     time employees or equivalents offset by eliminating an 
     equivalent number of existing staff (other than within the 
     Office of Inspector General);
       (3) report to Congress not later than 60 days after the 
     date of the enactment of this Act the actions taken to ensure 
     compliance with paragraphs (1) and (2), including the 
     specific initiatives, positions, and programs within the 
     Peace Corps that have been eliminated to ensure that the 
     costs of carrying out this Act will be offset; and
       (4) not implement any other provision of this Act (other 
     than paragraphs (1), (2), and (3)) or any amendment made by 
     this Act until the Director has certified that the actions 
     specified in paragraphs (1), (2), and (3) have been 
     completed.

     SEC. 11. SUNSET.

       This Act and the amendments made by this Act shall cease to 
     be effective 7 years after the date of the enactment of this 
     Act.

                          ____________________