[Congressional Record Volume 157, Number 146 (Monday, October 3, 2011)]
[Senate]
[Pages S6055-S6056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012

  On Monday, September 26, 2011, the Senate passed H.R. 2017, as 
amended, as follows:

                               H.R. 2017

       Resolved, That the bill from the House of Representatives 
     (H.R. 2017) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2012, and for other purposes.'', do pass with 
     the following amendments:
       Strike all after the enacting clause and insert the 
     following:
       That the following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2012, and for other purposes, namely:
       Sec. 101. (a) Such amounts as may be necessary, at a rate 
     for operations as provided in the applicable appropriations 
     Acts for fiscal year 2011 and under the authority and 
     conditions provided in such Acts, for continuing projects or 
     activities (including the costs of direct loans and loan 
     guarantees) that are not otherwise specifically provided for 
     in this Act, that were conducted in fiscal year 2011, and for 
     which appropriations, funds, or other authority were made 
     available in the following appropriations Acts:
       (1) The Department of Defense Appropriations Act, 2011 
     (division A of Public Law 112-10).
       (2) The Full-Year Continuing Appropriations Act, 2011 
     (division B of Public Law 112-10).
       (b) The rate for operations provided by subsection (a) is 
     hereby reduced by 1.503 percent.
       Sec. 102. (a) No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for (1) the new production of items 
     not funded for production in fiscal year 2011 or prior years; 
     (2) the increase in production rates above those sustained 
     with fiscal year 2011 funds; or (3) the initiation, 
     resumption, or continuation of any project, activity, 
     operation, or organization (defined as any project, 
     subproject, activity, budget activity, program element, and 
     subprogram within a program element, and for any investment 
     items defined as a P-1 line item in a budget activity within 
     an appropriation account and an R-1 line item that includes a 
     program element and subprogram element within an 
     appropriation account) for which appropriations, funds, or 
     other authority were not available during fiscal year 2011.
       (b) No appropriation or funds made available or authority 
     granted pursuant to section 101 for the Department of Defense 
     shall be used to initiate multi-year procurements utilizing 
     advance procurement funding for economic order quantity 
     procurement unless specifically appropriated later.
       Sec. 103.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104.  Except as otherwise provided in section 102, no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 shall be used to initiate or resume 
     any project or activity for which appropriations, funds, or 
     other authority were not available during fiscal year 2011.
       Sec. 105.  Appropriations made and authority granted 
     pursuant to this Act shall cover all obligations or 
     expenditures incurred for any project or activity during the 
     period for which funds or authority for such project or 
     activity are available under this Act.
       Sec. 106.  Unless otherwise provided for in this Act or in 
     the applicable appropriations Act for fiscal year 2012, 
     appropriations and funds made available and authority granted 
     pursuant to this Act shall be available until whichever of 
     the following first occurs: (1) the enactment into law of an 
     appropriation for any project or activity provided for in 
     this Act; (2) the enactment into law of the applicable 
     appropriations Act for fiscal year 2012 without any provision 
     for such project or activity; or (3) October 4, 2011.
       Sec. 107.  Expenditures made pursuant to this Act shall be 
     charged to the applicable appropriation, fund, or 
     authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108.  Appropriations made and funds made available by 
     or authority granted pursuant to this Act may be used without 
     regard to the time limitations for submission and approval of 
     apportionments set forth in section 1513 of title 31, United 
     States Code, but nothing in this Act may be construed to 
     waive any other provision of law governing the apportionment 
     of funds.
       Sec. 109.  Notwithstanding any other provision of this Act, 
     except section 106, for those programs that would otherwise 
     have high initial rates of operation or complete distribution 
     of appropriations at the beginning of fiscal year 2012 
     because of distributions of funding to States, foreign 
     countries, grantees, or others, such high initial rates of 
     operation or complete distribution shall not be made, and no 
     grants shall be awarded for such programs funded by this Act 
     that would impinge on final funding prerogatives.
       Sec. 110.  This Act shall be implemented so that only the 
     most limited funding action of that permitted in the Act 
     shall be taken in order to provide for continuation of 
     projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2011, and for activities under the Food and 
     Nutrition Act of 2008, activities shall be continued at the 
     rate to maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2011, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2011 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2011, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 113.  Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     (22 U.S.C. 2412), section 15 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 114. (a) Except as provided in subsection (b), each 
     amount incorporated by reference in this Act that was 
     previously designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010, is designated by the Congress 
     for Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, except that such 
     amount shall be available only if the President subsequently 
     so designates such amount and transmits such designation to 
     the Congress. Section 101(b) of this Act shall not apply to 
     any amount so designated.
       (b) Subsection (a) shall not apply to amounts for 
     ``Department of Justice--Federal Bureau of Investigation--
     Salaries and Expenses''.
       Sec. 115.  During the period covered by this Act, 
     discretionary amounts appropriated for fiscal year 2012 that 
     were provided in advance by

[[Page S6056]]

     appropriations Acts shall be available in the amounts 
     provided in such Acts, reduced by the percentage in section 
     101(b).
       Sec. 116.  Notwithstanding section 101, amounts made 
     available by this Act for ``Department of Defense--Operation 
     and Maintenance--Operation and Maintenance, Air Force'' may 
     be used by the Secretary of Defense for operations and 
     activities of the Office of Security Cooperation in Iraq and 
     security assistance teams, including life support, 
     transportation and personal security, and facilities 
     renovation and construction:  Provided, That the authority 
     made by this section shall continue in effect through the 
     date specified in section 106(3) of this Act:  Provided 
     further, That section 9014 of division A of Public Law 112-10 
     shall not apply to funds appropriated by this Act.
       Sec. 117.  Notwithstanding section 101, funds made 
     available in title IX of division A of Public Law 112-10 for 
     ``Overseas Contingency Operations'' shall be available at a 
     rate for operations not to exceed the rate permitted by H.R. 
     2219 (112th Congress) as passed by the House of 
     Representatives on July 8, 2011.
       Sec. 118.  The authority provided by section 127b of title 
     10, United States Code, shall continue in effect through the 
     date specified in section 106(3) of this Act.
       Sec. 119.  The authority provided by section 1202 of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2412), as extended 
     by section 1204(b) of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4623), shall continue in effect through the date 
     specified in section 106(3) of this Act.
       Sec. 120.  Notwithstanding section 101, amounts are 
     provided for ``Defense Nuclear Facilities Safety Board--
     Salaries and Expenses'' at a rate for operations of 
     $29,130,000.
       Sec. 121.  Notwithstanding any other provision of this Act, 
     except section 106, the District of Columbia may expend local 
     funds under the heading ``District of Columbia Funds'' for 
     such programs and activities under title IV of H.R. 2434 
     (112th Congress), as reported by the Committee on 
     Appropriations of the House of Representatives, at the rate 
     set forth under ``District of Columbia Funds--Summary of 
     Expenses'' as included in the Fiscal Year 2012 Budget Request 
     Act of 2011 (D.C. Act 19-92), as modified as of the date of 
     the enactment of this Act.
       Sec. 122.  Notwithstanding section 101, amounts are 
     provided for the necessary expenses of the Recovery 
     Accountability and Transparency Board, to carry out its 
     functions under title XV of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5), at 
     a rate for operations of $28,350,000.
       Sec. 123. (a) Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``September 30, 
     2011''.
       (b) Notwithstanding section 9(n)(1)(A) of the Small 
     Business Act (15 U.S.C. 638(n)(1)(A)), the Small Business 
     Technology Transfer Program shall continue in effect through 
     the date specified in section 106(3) of this Act.
       (c) Notwithstanding section 9(y)(6) of the Small Business 
     Act (15 U.S.C. 638(y)(6)), the pilot program under section 
     9(y) of such Act shall continue in effect through the date 
     specified in section 106(3) of this Act.
       Sec. 124.  Section 8909a(d)(3)(A)(v) of title 5, United 
     States Code, is amended by striking ``September 30, 2011'' 
     and inserting the date specified in section 106(3) of this 
     Act.
       Sec. 125. (a) Notwithstanding section 101, amounts are 
     provided for ``Department of Homeland Security--Federal 
     Emergency Management Agency--Disaster Relief'' at a rate for 
     operations of $2,650,000,000:  Provided, That the Secretary 
     of Homeland Security shall provide a full accounting of 
     disaster relief funding requirements for such account for 
     fiscal year 2012 not later than 15 days after the date of the 
     enactment of this Act, and for fiscal year 2013 in 
     conjunction with the submission of the President's budget 
     request for fiscal year 2013.
       (b) The accounting described in subsection (a) for each 
     fiscal year shall include estimates of the following amounts:
       (1) The unobligated balance of funds in such account that 
     has been (or will be) carried over to such fiscal year from 
     prior fiscal years.
       (2) The unobligated balance of funds in such account that 
     will be carried over from such fiscal year to the subsequent 
     fiscal year.
       (3) The amount of the rolling average of non-catastrophic 
     disasters, and the specific data used to calculate such 
     rolling average, for such fiscal year.
       (4) The amount that will be obligated each month for 
     catastrophic events, delineated by event and State, and the 
     total remaining funding that will be required after such 
     fiscal year for each such catastrophic event for each State.
       (5) The amount of previously obligated funds that will be 
     recovered each month of such fiscal year.
       (6) The amount that will be required in such fiscal year 
     for emergencies, as defined in section 102(1) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(1)).
       (7) The amount that will be required in such fiscal year 
     for major disasters, as defined in section 102(2) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122(2)).
       (8) The amount that will be required in such fiscal year 
     for fire management assistance grants, as defined in section 
     420 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5187).
       Sec. 126.  Any funds made available pursuant to section 101 
     for the Department of Homeland Security may be obligated at a 
     rate for operations necessary to sustain essential security 
     activities, such as: staffing levels of operational 
     personnel; immigration enforcement and removal functions, 
     including sustaining not less than necessary detention bed 
     capacity; and United States Secret Service protective 
     activities, including protective activities necessary to 
     secure National Special Security Events. The Secretary of 
     Homeland Security shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     on each use of the authority provided in this section.
       Sec. 127.  The authority provided by section 532 of Public 
     Law 109-295 shall continue in effect through the date 
     specified in section 106(3) of this Act.
       Sec. 128.  The authority provided by section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) shall continue 
     in effect through the date specified in section 106(3) of 
     this Act.
       Sec. 129.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note) shall 
     be applied by substituting the date specified in section 
     106(3) of this Act for ``October 4, 2011''.
       Sec. 130.  Sections 1309(a) and 1319 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be 
     applied by substituting the date specified in section 106(3) 
     of this Act for ``September 30, 2011''.
       Sec. 131.  Section 330 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1701 
     note), concerning Service First authorities, shall continue 
     in effect through the date specified in section 106(3) of 
     this Act.
       Sec. 132.  Notwithstanding section 101, section 1807 of 
     Public Law 112-10 shall be applied by substituting 
     ``$374,743,000'' for ``$363,843,000'' and ``$10,900,000'' for 
     ``$3,000,000''.
       Sec. 133.  The second proviso of section 1801(a)(3) of 
     Public Law 112-10 is amended by striking ``appropriation 
     under this subparagraph'' and inserting ``appropriations made 
     available by this Act''.
       Sec. 134.  Notwithstanding section 101, amounts are 
     provided for ``Federal Mine Safety and Health Review 
     Commission--Salaries and Expenses'' at a rate for operations 
     of $14,510,000.
       Sec. 135.  Sections 399AA(e), 399BB(g), and 399CC(f) of the 
     Public Health Service Act (42 U.S.C. 280i(e), 280i-1(g), 
     280i-2(f)) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``September 30, 
     2011''.
       Sec. 136.  Notwithstanding section 101, section 2005 of 
     division B of Public Law 112-10 shall be applied by 
     substituting ``$0'' for each dollar amount.
       Sec. 137.  The Export-Import Bank Act of 1945 (12 U.S.C. 
     635 et seq.) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``September 30, 
     2011'' in section 7 of such Act.
       Sec. 138.  Section 209 of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by 
     substituting the date specified in section 106(3) of this Act 
     for ``September 30, 2011''.
       Sec. 139.  Commitments to guarantee loans incurred under 
     the General and Special Risk Insurance Funds, as authorized 
     by sections 238 and 519 of the National Housing Act (12 
     U.S.C. 1715z-3 and 1735c), shall not exceed a rate for 
     operations of $25,000,000,000:  Provided, That total loan 
     principal, any part of which is to be guaranteed, may be 
     apportioned through the date specified in section 106(3) of 
     this Act, at $80,000,000 multiplied by the number of days 
     covered in this Act.
       Sec. 140. (a) Renewal of Import Restrictions Under Burmese 
     Freedom and Democracy Act of 2003.--
       (1) In general.--Congress approves the renewal of the 
     import restrictions contained in section 3(a)(1) and section 
     3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act 
     of 2003.
       (2) Rule of construction.--This section shall be deemed to 
     be a ``renewal resolution'' for purposes of section 9 of the 
     Burmese Freedom and Democracy Act of 2003.
       (b) Effective Date.--This section shall take effect on July 
     26, 2011.
       (c) Applicability.--This section shall not be subject to 
     any other provision of this Act.
       This Act may be cited as the ``Continuing Appropriations 
     Act, 2012''.
       Amend the title so as to read: ``An Act making continuing 
     appropriations for fiscal year 2012, and for other 
     purposes.''.

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