The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S5994-S6003 on Sept. 26, 2011.
The publication is reproduced in full below:
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 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 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''.
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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.
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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.
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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 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 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 made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2011, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2011, to be continued through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2011 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2011, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 114. (a) Except as provided in subsection (b), each amount incorporated by reference in this Act that was previously designated as being for contingency operations directly related to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. Section 101(b) of this Act shall not apply to any amount so designated.
(b) Subsection (a) shall not apply to amounts for
``Department of Justice--Federal Bureau of Investigation--Salaries and Expenses''.
Sec. 115. During the period covered by this Act, discretionary amounts appropriated for fiscal year 2012 that were provided in advance by appropriations Acts shall be available in the amounts provided in such Acts, reduced by the percentage in section 101(b).
Sec. 116. Notwithstanding section 101, amounts made available by this Act for ``Department of Defense--Operation and Maintenance--Operation and Maintenance, Air Force'' may be used by the Secretary of Defense for operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction: Provided, That the authority made by this section shall continue in effect through the date specified in section 106(3) of this Act: Provided further, That section 9014 of division A of Public Law 112-10 shall not apply to funds appropriated by this Act.
Sec. 117. Notwithstanding section 101, funds made available in title IX of division A of Public Law 112-10 for ``Overseas Contingency Operations'' shall be available at a rate for operations not to exceed the rate permitted by H.R. 2219
(112th Congress) as passed by the House of Representatives on July 8, 2011.
Sec. 118. The authority provided by section 127b of title 10, United States Code, shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 119. The authority provided by section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as extended by section 1204(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4623), shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 120. Notwithstanding section 101, amounts are provided for ``Defense Nuclear Facilities Safety Board--Salaries and Expenses'' at a rate for operations of $29,130,000.
Sec. 121. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds under the heading ``District of Columbia Funds'' for such programs and activities under title IV of H.R. 2434
(112th Congress), as reported by the Committee on Appropriations of the House of Representatives, at the rate set forth under ``District of Columbia Funds--Summary of Expenses'' as included in the Fiscal Year 2012 Budget Request Act of 2011 (D.C. Act 19-92), as modified as of the date of the enactment of this Act.
Sec. 122. Notwithstanding section 101, amounts are provided for the necessary expenses of the Recovery Accountability and Transparency Board, to carry out its functions under title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), at a rate for operations of
$28,350,000.
Sec. 123. (a) Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2011''.
(b) Notwithstanding section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)), the Small Business Technology Transfer Program shall continue in effect through the date specified in section 106(3) of this Act.
(c) Notwithstanding section 9(y)(6) of the Small Business Act (15 U.S.C. 638(y)(6)), the pilot program under section 9(y) of such Act shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 124. Section 8909a(d)(3)(A)(v) of title 5, United States Code, is amended by striking ``September 30, 2011'' and inserting the date specified in section 106(3) of this Act.
Sec. 125. (a) Notwithstanding section 101, amounts are provided for ``Department of Homeland Security--Federal Emergency Management Agency--Disaster Relief'' at a rate for operations of $2,650,000,000: Provided, That the Secretary of Homeland Security shall provide a full accounting of disaster relief funding requirements for such account for fiscal year 2012 not later than 15 days after the date of the enactment of this Act, and for fiscal year 2013 in conjunction with the submission of the President's budget request for fiscal year 2013.
(b) The accounting described in subsection (a) for each fiscal year shall include estimates of the following amounts:
(1) The unobligated balance of funds in such account that has been (or will be) carried over to such fiscal year from prior fiscal years.
(2) The unobligated balance of funds in such account that will be carried over from such fiscal year to the subsequent fiscal year.
(3) The amount of the rolling average of non-catastrophic disasters, and the specific data used to calculate such rolling average, for such fiscal year.
(4) The amount that will be obligated each month for catastrophic events, delineated by event and State, and the total remaining funding that will be required after such fiscal year for each such catastrophic event for each State.
(5) The amount of previously obligated funds that will be recovered each month of such fiscal year.
(6) The amount that will be required in such fiscal year for emergencies, as defined in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)).
(7) The amount that will be required in such fiscal year for major disasters, as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) .
(8) The amount that will be required in such fiscal year for fire management assistance grants, as defined in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187).
Sec. 126. Any funds made available pursuant to section 101 for the Department of Homeland Security may be obligated at a rate for operations necessary to sustain essential security activities, such as: staffing levels of operational personnel; immigration enforcement and removal functions, including sustaining not less than necessary detention bed capacity; and United States Secret Service protective activities, including protective activities necessary to secure National Special Security Events. The Secretary of Homeland Security shall notify the Committees on Appropriations of the House of Representatives and the Senate on each use of the authority provided in this section.
Sec. 127. The authority provided by section 532 of Public Law 109-295 shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 128. The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 129. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) shall be applied by substituting the date specified in section 106(3) of this Act for ``October 4, 2011''.
Sec. 130. Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2011''.
Sec. 131. Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1701 note), concerning Service First authorities, shall continue in effect through the date specified in section 106(3) of this Act.
Sec. 132. Notwithstanding section 101, section 1807 of Public Law 112-10 shall be applied by substituting
``$374,743,000'' for ``$363,843,000'' and ``$10,900,000'' for
``$3,000,000''.
Sec. 133. The second proviso of section 1801(a)(3) of Public Law 112-10 is amended by striking ``appropriation under this subparagraph'' and inserting ``appropriations made available by this Act''.
Sec. 134. Notwithstanding section 101, amounts are provided for ``Federal Mine Safety and Health Review Commission Salaries and Expenses'' at a rate for operations of $14,510,000.
Sec. 135. Sections 399AA(e), 399BB(g), and 399CC(f) of the Public Health Service Act (42 U.S.C. 280i(e), 280i-1(g), 280i-2(f)) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2011''.
Sec. 136. Notwithstanding section 101, section 2005 of division B of Public Law 112-10 shall be applied by substituting ``$0'' for each dollar amount.
Sec. 137. The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2011'' in section 7 of such Act.
Sec. 138. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2011''.
Sec. 139. Commitments to guarantee loans incurred under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed a rate for operations of
$25,000,000,000: Provided, That total loan principal, any part of which is to be guaranteed, may be apportioned through the date specified in section 106(3) of this Act, at
$80,000,000 multiplied by the number of days covered in this Act.
Sec. 140, (a) Renewal of Import Restrictions Under Burmese Freedom and Democracy Act of 2003.--
(1) In general--Congress. approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b) (1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.
(2) Rule of construction.--This section shall be deemed to be a ``renewal resolution'' for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003.
(b) Effective Date.--This section shall take effect on July 26, 2011.
(c) Applicability.--This section shall not be subject to any other provision of this Act.
This Act may be cited as the ``Continuing Appropriations Act, 2012''.
______
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.
``(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 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;
(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.
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