In the nature of a substitute.

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''.
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