In the Senate of the United States, 

September 26, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 2608) entitled ‘‘An Act 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.’’, do pass with the following 

SENATE AMENDMENT TO HOUSE AMENDMENT TO 

SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

House amendment to Senate amendment, insert the following: 

1 That the following sums are hereby appropriated, out 

2 of any money in the Treasury not otherwise appropriated, 

3 and out of applicable corporate or other revenues, receipts, 

4 and funds, for the several departments, agencies, corpora5 tions, and other organizational units of Government for fis6 cal year 2012, and for other purposes, namely: 
2 

† HR 2608 EAS2 

1 SEC. 101. (a) Such amounts as may be necessary, at 

2 a rate for operations as provided in the applicable appro3 priations Acts for fiscal year 2011 and under the authority 

4 and conditions provided in such Acts, for continuing 

5 projects or activities (including the costs of direct loans and 

6 loan guarantees) that are not otherwise specifically pro7 vided for in this Act, that were conducted in fiscal year 

8 2011, and for which appropriations, funds, or other author9 ity were made available in the following appropriations 

10 Acts: 

11 (1) The Department of Defense Appropriations 

12 Act, 2011 (division A of Public Law 112–10). 

13 (2) The Full-Year Continuing Appropriations 

14 Act, 2011 (division B of Public Law 112–10). 

15 (b) The rate for operations provided by subsection (a) 

16 is hereby reduced by 1.503 percent. 

17 SEC. 102. (a) No appropriation or funds made avail18 able or authority granted pursuant to section 101 for the 

19 Department of Defense shall be used for (1) the new produc20 tion of items not funded for production in fiscal year 2011 

21 or prior years; (2) the increase in production rates above 

22 those sustained with fiscal year 2011 funds; or (3) the initi23 ation, resumption, or continuation of any project, activity, 

24 operation, or organization (defined as any project, sub25 project, activity, budget activity, program element, and sub-
3 

† HR 2608 EAS2 

1 program within a program element, and for any investment 

2 items defined as a P–1 line item in a budget activity within 

3 an appropriation account and an R–1 line item that in4 cludes a program element and subprogram element within 

5 an appropriation account) for which appropriations, funds, 

6 or other authority were not available during fiscal year 

7 2011. 

8 (b) No appropriation or funds made available or au9 thority granted pursuant to section 101 for the Department 

10 of Defense shall be used to initiate multi-year procurements 

11 utilizing advance procurement funding for economic order 

12 quantity procurement unless specifically appropriated 

13 later. 

14 SEC. 103. Appropriations made by section 101 shall 

15 be available to the extent and in the manner that would 

16 be provided by the pertinent appropriations Act. 

17 SEC. 104. Except as otherwise provided in section 102, 

18 no appropriation or funds made available or authority 

19 granted pursuant to section 101 shall be used to initiate 

20 or resume any project or activity for which appropriations, 

21 funds, or other authority were not available during fiscal 

22 year 2011. 

23 SEC. 105. Appropriations made and authority granted 

24 pursuant to this Act shall cover all obligations or expendi25 tures incurred for any project or activity during the period 
4 

† HR 2608 EAS2 

1 for which funds or authority for such project or activity 

2 are available under this Act. 

3 SEC. 106. Unless otherwise provided for in this Act 

4 or in the applicable appropriations Act for fiscal year 2012, 

5 appropriations and funds made available and authority 

6 granted pursuant to this Act shall be available until which7 ever of the following first occurs: (1) the enactment into law 

8 of an appropriation for any project or activity provided 

9 for in this Act; (2) the enactment into law of the applicable 

10 appropriations Act for fiscal year 2012 without any provi11 sion for such project or activity; or (3) November 18, 2011. 

12 SEC. 107. Expenditures made pursuant to this Act 

13 shall be charged to the applicable appropriation, fund, or 

14 authorization whenever a bill in which such applicable ap15 propriation, fund, or authorization is contained is enacted 

16 into law. 

17 SEC. 108. Appropriations made and funds made avail18 able by or authority granted pursuant to this Act may be 

19 used without regard to the time limitations for submission 

20 and approval of apportionments set forth in section 1513 

21 of title 31, United States Code, but nothing in this Act may 

22 be construed to waive any other provision of law governing 

23 the apportionment of funds. 

24 SEC. 109. Notwithstanding any other provision of this 

25 Act, except section 106, for those programs that would other-
5 

† HR 2608 EAS2 

1 wise have high initial rates of operation or complete dis2 tribution of appropriations at the beginning of fiscal year 

3 2012 because of distributions of funding to States, foreign 

4 countries, grantees, or others, such high initial rates of oper5 ation or complete distribution shall not be made, and no 

6 grants shall be awarded for such programs funded by this 

7 Act that would impinge on final funding prerogatives. 

8 SEC. 110. This Act shall be implemented so that only 

9 the most limited funding action of that permitted in the 

10 Act shall be taken in order to provide for continuation of 

11 projects and activities. 

12 SEC. 111. (a) For entitlements and other mandatory 

13 payments whose budget authority was provided in appro14 priations Acts for fiscal year 2011, and for activities under 

15 the Food and Nutrition Act of 2008, activities shall be con16 tinued at the rate to maintain program levels under current 

17 law, under the authority and conditions provided in the 

18 applicable appropriations Act for fiscal year 2011, to be 

19 continued through the date specified in section 106(3). 

20 (b) Notwithstanding section 106, obligations for man21 datory payments due on or about the first day of any month 

22 that begins after October 2011 but not later than 30 days 

23 after the date specified in section 106(3) may continue to 

24 be made, and funds shall be available for such payments. 
6 

† HR 2608 EAS2 

1 SEC. 112. Amounts made available under section 101 

2 for civilian personnel compensation and benefits in each de3 partment and agency may be apportioned up to the rate 

4 for operations necessary to avoid furloughs within such de5 partment or agency, consistent with the applicable appro6 priations Act for fiscal year 2011, except that such author7 ity provided under this section shall not be used until after 

8 the department or agency has taken all necessary actions 

9 to reduce or defer non-personnel-related administrative ex10 penses. 

11 SEC. 113. Funds appropriated by this Act may be obli12 gated and expended notwithstanding section 10 of Public 

13 Law 91–672 (22 U.S.C. 2412), section 15 of the State De14 partment Basic Authorities Act of 1956 (22 U.S.C. 2680), 

15 section 313 of the Foreign Relations Authorization Act, Fis16 cal Years 1994 and 1995 (22 U.S.C. 6212), and section 

17 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

18 414(a)(1)). 

19 SEC. 114. (a) Except as provided in subsection (b), 

20 each amount incorporated by reference in this Act that was 

21 previously designated as being for contingency operations 

22 directly related to the global war on terrorism pursuant to 

23 section 3(c)(2) of H. Res. 5 (112th Congress) and as an 

24 emergency requirement pursuant to section 403(a) of S. 

25 Con. Res. 13 (111th Congress), the concurrent resolution on 
7 

† HR 2608 EAS2 

1 the budget for fiscal year 2010, is designated by the Con2 gress for Overseas Contingency Operations/Global War on 

3 Terrorism pursuant to section 251(b)(2)(A) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985, except 

5 that such amount shall be available only if the President 

6 subsequently so designates such amount and transmits such 

7 designation to the Congress. Section 101(b) of this Act shall 

8 not apply to any amount so designated. 

9 (b) Subsection (a) shall not apply to amounts for ‘‘De10 partment of Justice—Federal Bureau of Investigation— 

11 Salaries and Expenses’’. 

12 SEC. 115. During the period covered by this Act, dis13 cretionary amounts appropriated for fiscal year 2012 that 

14 were provided in advance by appropriations Acts shall be 

15 available in the amounts provided in such Acts, reduced 

16 by the percentage in section 101(b). 

17 SEC. 116. Notwithstanding section 101, amounts made 

18 available by this Act for ‘‘Department of Defense—Oper19 ation and Maintenance—Operation and Maintenance, Air 

20 Force’’ may be used by the Secretary of Defense for oper21 ations and activities of the Office of Security Cooperation 

22 in Iraq and security assistance teams, including life sup23 port, transportation and personal security, and facilities 

24 renovation and construction: Provided, That the authority 

25 made by this section shall continue in effect through the 
8 

† HR 2608 EAS2 

1 date specified in section 106(3) of this Act: Provided fur2 ther, That section 9014 of division A of Public Law 112– 

3 10 shall not apply to funds appropriated by this Act. 

4 SEC. 117. Notwithstanding section 101, funds made 

5 available in title IX of division A of Public Law 112–10 

6 for ‘‘Overseas Contingency Operations’’ shall be available 

7 at a rate for operations not to exceed the rate permitted 

8 by H.R. 2219 (112th Congress) as passed by the House of 

9 Representatives on July 8, 2011. 

10 SEC. 118. The authority provided by section 127b of 

11 title 10, United States Code, shall continue in effect through 

12 the date specified in section 106(3) of this Act. 

13 SEC. 119. The authority provided by section 1202 of 

14 the John Warner National Defense Authorization Act for 

15 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), 

16 as extended by section 1204(b) of the Duncan Hunter Na17 tional Defense Authorization Act for Fiscal Year 2009 (Pub18 lic Law 110–417; 122 Stat. 4623), shall continue in effect 

19 through the date specified in section 106(3) of this Act. 

20 SEC. 120. Notwithstanding section 101, amounts are 

21 provided for ‘‘Defense Nuclear Facilities Safety Board— 

22 Salaries and Expenses’’ at a rate for operations of 

23 $29,130,000. 

24 SEC. 121. Notwithstanding any other provision of this 

25 Act, except section 106, the District of Columbia may ex-
9 

† HR 2608 EAS2 

1 pend local funds under the heading ‘‘District of Columbia 

2 Funds’’ for such programs and activities under title IV of 

3 H.R. 2434 (112th Congress), as reported by the Committee 

4 on Appropriations of the House of Representatives, at the 

5 rate set forth under ‘‘District of Columbia Funds—Sum6 mary of Expenses’’ as included in the Fiscal Year 2012 

7 Budget Request Act of 2011 (D.C. Act 19–92), as modified 

8 as of the date of the enactment of this Act. 

9 SEC. 122. Notwithstanding section 101, amounts are 

10 provided for the necessary expenses of the Recovery Account11 ability and Transparency Board, to carry out its functions 

12 under title XV of division A of the American Recovery and 

13 Reinvestment Act of 2009 (Public Law 111–5), at a rate 

14 for operations of $28,350,000. 

15 SEC. 123. (a) Section 9(m) of the Small Business Act 

16 (15 U.S.C. 638(m)) shall be applied by substituting the date 

17 specified in section 106(3) of this Act for ‘‘September 30, 

18 2011’’. 

19 (b) Notwithstanding section 9(n)(1)(A) of the Small 

20 Business Act (15 U.S.C. 638(n)(1)(A)), the Small Business 

21 Technology Transfer Program shall continue in effect 

22 through the date specified in section 106(3) of this Act. 

23 (c) Notwithstanding section 9(y)(6) of the Small Busi24 ness Act (15 U.S.C. 638(y)(6)), the pilot program under 
10 

† HR 2608 EAS2 

1 section 9(y) of such Act shall continue in effect through the 

2 date specified in section 106(3) of this Act. 

3 SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, United 

4 States Code, is amended by striking ‘‘September 30, 2011’’ 

5 and inserting the date specified in section 106(3) of this 

6 Act. 

7 SEC. 125. (a) Notwithstanding section 101, amounts 

8 are provided for ‘‘Department of Homeland Security—Fed9 eral Emergency Management Agency—Disaster Relief’’ at 

10 a rate for operations of $2,650,000,000: Provided, That the 

11 Secretary of Homeland Security shall provide a full ac12 counting of disaster relief funding requirements for such ac13 count for fiscal year 2012 not later than 15 days after the 

14 date of the enactment of this Act, and for fiscal year 2013 

15 in conjunction with the submission of the President’s budget 

16 request for fiscal year 2013. 

17 (b) The accounting described in subsection (a) for each 

18 fiscal year shall include estimates of the following amounts: 

19 (1) The unobligated balance of funds in such ac20 count that has been (or will be) carried over to such 

21 fiscal year from prior fiscal years. 

22 (2) The unobligated balance of funds in such ac23 count that will be carried over from such fiscal year 

24 to the subsequent fiscal year. 
11 

† HR 2608 EAS2 

1 (3) The amount of the rolling average of non-cat2 astrophic disasters, and the specific data used to cal3 culate such rolling average, for such fiscal year. 

4 (4) The amount that will be obligated each 

5 month for catastrophic events, delineated by event and 

6 State, and the total remaining funding that will be 

7 required after such fiscal year for each such cata8 strophic event for each State. 

9 (5) The amount of previously obligated funds 

10 that will be recovered each month of such fiscal year. 

11 (6) The amount that will be required in such fis12 cal year for emergencies, as defined in section 102(1) 

13 of the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5122(1)). 

15 (7) The amount that will be required in such fis16 cal year for major disasters, as defined in section 

17 102(2) of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5122(2)). 

19 (8) The amount that will be required in such fis20 cal year for fire management assistance grants, as de21 fined in section 420 of the Robert T. Stafford Disaster 

22 Relief and Emergency Assistance Act (42 U.S.C. 

23 5187). 

24 SEC. 126. Any funds made available pursuant to sec25 tion 101 for the Department of Homeland Security may 
12 

† HR 2608 EAS2 

1 be obligated at a rate for operations necessary to sustain 

2 essential security activities, such as: staffing levels of oper3 ational personnel; immigration enforcement and removal 

4 functions, including sustaining not less than necessary de5 tention bed capacity; and United States Secret Service pro6 tective activities, including protective activities necessary to 

7 secure National Special Security Events. The Secretary of 

8 Homeland Security shall notify the Committees on Appro9 priations of the House of Representatives and the Senate 

10 on each use of the authority provided in this section. 

11 SEC. 127. The authority provided by section 532 of 

12 Public Law 109–295 shall continue in effect through the 

13 date specified in section 106(3) of this Act. 

14 SEC. 128. The authority provided by section 831 of 

15 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 

16 continue in effect through the date specified in section 

17 106(3) of this Act. 

18 SEC. 129. Section 550(b) of the Department of Home19 land Security Appropriations Act, 2007 (6 U.S.C. 121 note) 

20 shall be applied by substituting the date specified in section 

21 106(3) of this Act for ‘‘October 4, 2011’’. 

22 SEC. 130. Sections 1309(a) and 1319 of the National 

23 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 

24 shall be applied by substituting the date specified in section 

25 106(3) of this Act for ‘‘September 30, 2011’’. 
13 

† HR 2608 EAS2 

1 SEC. 131. Section 330 of the Department of the Inte2 rior and Related Agencies Appropriations Act, 2001 (42 

3 U.S.C. 1701 note), concerning Service First authorities, 

4 shall continue in effect through the date specified in section 

5 106(3) of this Act. 

6 SEC. 132. Notwithstanding section 101, section 1807 

7 of Public Law 112–10 shall be applied by substituting 

8 ‘‘$374,743,000’’ for ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for 

9 ‘‘$3,000,000’’. 

10 SEC. 133. The second proviso of section 1801(a)(3) of 

11 Public Law 112–10 is amended by striking ‘‘appropriation 

12 under this subparagraph’’ and inserting ‘‘appropriations 

13 made available by this Act’’. 

14 SEC. 134. Notwithstanding section 101, amounts are 

15 provided for ‘‘Federal Mine Safety and Health Review 

16 Commission—Salaries and Expenses’’ at a rate for oper17 ations of $14,510,000. 

18 SEC. 135. Sections 399AA(e), 399BB(g), and 399CC(f) 

19 of the Public Health Service Act (42 U.S.C. 280i(e), 280i– 

20 1(g), 280i–2(f)) shall be applied by substituting the date 

21 specified in section 106(3) of this Act for ‘‘September 30, 

22 2011’’. 

23 SEC. 136. Notwithstanding section 101, section 2005 

24 of division B of Public Law 112–10 shall be applied by 

25 substituting ‘‘$0’’ for each dollar amount. 
14 

† HR 2608 EAS2 

1 SEC. 137. The Export-Import Bank Act of 1945 (12 

2 U.S.C. 635 et seq.) shall be applied by substituting the date 

3 specified in section 106(3) of this Act for ‘‘September 30, 

4 2011’’ in section 7 of such Act. 

5 SEC. 138. Section 209 of the International Religious 

6 Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by 

7 substituting the date specified in section 106(3) of this Act 

8 for ‘‘September 30, 2011’’. 

9 SEC. 139. Commitments to guarantee loans incurred 

10 under the General and Special Risk Insurance Funds, as 

11 authorized by sections 238 and 519 of the National Housing 

12 Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed a rate 

13 for operations of $25,000,000,000: Provided, That total loan 

14 principal, any part of which is to be guaranteed, may be 

15 apportioned through the date specified in section 106(3) of 

16 this Act, at $80,000,000 multiplied by the number of days 

17 covered in this Act. 

18 SEC. 140. (a) RENEWAL OF IMPORT RESTRICTIONS

19 UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF

20 2003.— 

21 (1) IN GENERAL.—Congress approves the renewal 

22 of the import restrictions contained in section 3(a)(1) 

23 and section 3A (b)(1) and (c)(1) of the Burmese Free24 dom and Democracy Act of 2003. 
15 

† HR 2608 EAS2 

1 (2) RULE OF CONSTRUCTION.—This section shall 

2 be deemed to be a ‘‘renewal resolution’’ for purposes 

3 of section 9 of the Burmese Freedom and Democracy 

4 Act of 2003. 

5 (b) EFFECTIVE DATE.—This section shall take effect 

6 on July 26, 2011. 

7 (c) APPLICABILITY.—This section shall not be subject 

8 to any other provision of this Act. 

9 This Act may be cited as the ‘‘Continuing Appropria10 tions Act, 2012’’. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION H.R. 2608 

HOUSE AMENDMENT TO 

SENATE AMENDMENT TO 

SENATE AMENDMENT