99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–212 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE 

BILL (H.R. 2608) TO PROVIDE FOR AN ADDITIONAL TEMPORARY EXTENSION OF PROGRAMS UNDER THE SMALL BUSINESS ACT AND THE SMALL 

BUSINESS INVESTMENT ACT OF 1958, AND FOR OTHER PURPOSES 

SEPTEMBER 20, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. WOODALL, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 405] 

The Committee on Rules, having had under consideration House 

Resolution 405, by a record vote of 7 to 2, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 2608, the 

Small Business Program Extension and Reform Act of 2011, and 

the Senate amendment thereto. The resolution makes in order a 

motion offered by the chair of the Committee on Appropriations 

that the House concur in the Senate amendment to the bill with 

the amendment printed in this report. The resolution waives all 

points of order against consideration of the motion. The resolution 

provides that the Senate amendment and the motion shall be considered as read. The resolution provides for one hour of debate on 

the motion equally divided and controlled by the chair and ranking 

minority member of the Committee on Appropriations. Finally, the 

resolution provides that H. Res. 399 is laid on the table. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the motion includes waivers of: Section 302(f) of the Congressional Budget 

Act, which prohibits consideration of legislation providing new 

budget authority in excess of a subcommittee’s 302(b) allocation of 

such authority; Section 311(a) of the Congressional Budget Act, 

which prohibits consideration of legislation or an amendment that 

would cause the total level of new budget authority or outlays in 

the most recent budget resolution to be exceeded, or would cause 

revenues to be less; Section 306 of the Congressional Budget Act, 

which prohibits consideration of legislation within the Budget ComVerDate Mar 15 2010 02:26 Sep 21, 2011 Jkt 099008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR212.XXX HR212

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mittee’s jurisdiction, unless reported by the Budget Committee; and 

clause 7 of rule XVI, prohibiting nongermane amendments. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 129 

Motion by Mr. Sessions to report a rule providing for the disposition of the Senate amendment to H.R. 2608. Adopted: 7–2. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Yea Ms. Slaughter .................................................. Nay 

Ms. Foxx ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Bishop of Utah .......................................... Yea 

Mr. Nugent ....................................................... Yea 

Mr. Scott of South Carolina ............................. Yea 

Mr. Webster ...................................................... Yea 

Mr. Dreier, Chairman ....................................... Yea 

SUMMARY OF AMENDMENT

Rogers, Harold (KY): The amendment in the nature of a substitute is virtually identical to H.J. Res. 79, the Continuing Appropriations Resolution, 2012, as introduced with the following modifications: the across-the-board reduction that ensures consistency 

with the total discretionary spending caps in the Budget Control 

Act of 2011 has been modified from 1.409% to 1.503%, due to scoring change made after the introduction of H.J. Res. 79 (this modification was previously included in H. Rept. 112–207); clarifies that 

the across-the-board cut should be applied to the amounts provided 

for discretionary advance appropriations, rather than to the ‘‘rate 

for operations’’ for advance appropriations to ensure that the Office 

of Management and Budget apportions the advance appropriations 

consistent with program requirements; and, cross references to 

‘‘Act’’ rather than ‘‘joint resolution.’’ 

TEXT OF AMENDMENT

In lieu of the matter proposed to be inserted by the amendment 

of the Senate, 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). 


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(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 

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tial 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). 


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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. 


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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. Notwithstanding any other provision of this Act, effective on the date of the enactment of this Act, of the unobligated 

balances remaining available to the Department of Energy pursuant to section 129 of the Continuing Appropriations Resolution, 

2009 (division A of Public Law 110–329), $500,000,000 is rescinded, 

$774,000,000 is hereby transferred to and merged with ‘‘Department of Homeland Security—Federal Emergency Management 

Agency—Disaster Relief’’, and $226,000,000 is hereby transferred 

to and merged with ‘‘Corps of Engineers-Civil—Flood Control and 

Coastal Emergencies’’: Provided, That the amounts made available 

by this section for the Corps of Engineers-Civil shall be for emergency expenses for repair of damage caused by the storm and flood 

events occurring in 2011: Provided further, That the amounts 

transferred by this section shall remain available until expended: 

Provided further, That each amount transferred by this section is 

designated as an emergency pursuant to section 3(c)(1) 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. 

SEC. 126. (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. 


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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. 127. 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. 128. 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. 129. 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. 130. 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. 131. 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. 132. 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. 133. 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. 134. 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. 135. 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. 136. 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. 137. Notwithstanding section 101, section 2005 of division B of Public Law 112–10 shall be applied by substituting ‘‘$0’’ for 

each dollar amount. 

SEC. 138. 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 

of 1945. 


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SEC. 139. 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. 140. 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. 141. (a) RENEWAL OF IMPORT RESTRICTIONS UNDER BUR- MESE 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) PAYGO COMPLIANCE.—The budgetary effects of this section, 

for the purpose of complying with the Statutory Pay-As-You-Go Act 

of 2010, shall be determined by reference to the latest statement 

titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this section, 

submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement 

has been submitted prior to the vote on passage. 

(c) EFFECTIVE DATE.—This section shall take effect on July 26, 

2011. 

(d) 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’’. 

Æ 


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