In the House of Representatives, U. S., 

September 23 (legislative day, September 22), 2011. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (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.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 That the following sums are hereby appropriated, out of 

2 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: 

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

8 a rate for operations as provided in the applicable appro9 priations Acts for fiscal year 2011 and under the authority 

10 and conditions provided in such Acts, for continuing 

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

12 loan guarantees) that are not otherwise specifically pro13 vided for in this Act, that were conducted in fiscal year 

14 2011, and for which appropriations, funds, or other author-
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1 ity were made available in the following appropriations 

2 Acts: 

3 (1) The Department of Defense Appropriations 

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

5 (2) The Full-Year Continuing Appropriations 

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

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

8 is hereby reduced by 1.503 percent. 

9 SEC. 102. (a) No appropriation or funds made avail10 able or authority granted pursuant to section 101 for the 

11 Department of Defense shall be used for (1) the new produc12 tion of items not funded for production in fiscal year 2011 

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

14 those sustained with fiscal year 2011 funds; or (3) the initi15 ation, resumption, or continuation of any project, activity, 

16 operation, or organization (defined as any project, sub17 project, activity, budget activity, program element, and sub18 program within a program element, and for any investment 

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

20 an appropriation account and an R–1 line item that in21 cludes a program element and subprogram element within 

22 an appropriation account) for which appropriations, funds, 

23 or other authority were not available during fiscal year 

24 2011. 
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1 (b) No appropriation or funds made available or au2 thority granted pursuant to section 101 for the Department 

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

4 utilizing advance procurement funding for economic order 

5 quantity procurement unless specifically appropriated 

6 later. 

7 SEC. 103. Appropriations made by section 101 shall 

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

9 be provided by the pertinent appropriations Act. 

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

11 no appropriation or funds made available or authority 

12 granted pursuant to section 101 shall be used to initiate 

13 or resume any project or activity for which appropriations, 

14 funds, or other authority were not available during fiscal 

15 year 2011. 

16 SEC. 105. Appropriations made and authority granted 

17 pursuant to this Act shall cover all obligations or expendi18 tures incurred for any project or activity during the period 

19 for which funds or authority for such project or activity 

20 are available under this Act. 

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

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

23 appropriations and funds made available and authority 

24 granted pursuant to this Act shall be available until which25 ever of the following first occurs: (1) the enactment into law 
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1 of an appropriation for any project or activity provided 

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

3 appropriations Act for fiscal year 2012 without any provi4 sion for such project or activity; or (3) November 18, 2011. 

5 SEC. 107. Expenditures made pursuant to this Act 

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

7 authorization whenever a bill in which such applicable ap8 propriation, fund, or authorization is contained is enacted 

9 into law. 

10 SEC. 108. Appropriations made and funds made avail11 able by or authority granted pursuant to this Act may be 

12 used without regard to the time limitations for submission 

13 and approval of apportionments set forth in section 1513 

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

15 be construed to waive any other provision of law governing 

16 the apportionment of funds. 

17 SEC. 109. Notwithstanding any other provision of this 

18 Act, except section 106, for those programs that would other19 wise have high initial rates of operation or complete dis20 tribution of appropriations at the beginning of fiscal year 

21 2012 because of distributions of funding to States, foreign 

22 countries, grantees, or others, such high initial rates of oper23 ation or complete distribution shall not be made, and no 

24 grants shall be awarded for such programs funded by this 

25 Act that would impinge on final funding prerogatives. 
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1 SEC. 110. This Act shall be implemented so that only 

2 the most limited funding action of that permitted in the 

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

4 projects and activities. 

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

6 payments whose budget authority was provided in appro7 priations Acts for fiscal year 2011, and for activities under 

8 the Food and Nutrition Act of 2008, activities shall be con9 tinued at the rate to maintain program levels under current 

10 law, under the authority and conditions provided in the 

11 applicable appropriations Act for fiscal year 2011, to be 

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

13 (b) Notwithstanding section 106, obligations for man14 datory payments due on or about the first day of any month 

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

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

17 be made, and funds shall be available for such payments. 

18 SEC. 112. Amounts made available under section 101 

19 for civilian personnel compensation and benefits in each de20 partment and agency may be apportioned up to the rate 

21 for operations necessary to avoid furloughs within such de22 partment or agency, consistent with the applicable appro23 priations Act for fiscal year 2011, except that such author24 ity provided under this section shall not be used until after 

25 the department or agency has taken all necessary actions 
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1 to reduce or defer non-personnel-related administrative ex2 penses. 

3 SEC. 113. Funds appropriated by this Act may be obli4 gated and expended notwithstanding section 10 of Public 

5 Law 91–672 (22 U.S.C. 2412), section 15 of the State De6 partment Basic Authorities Act of 1956 (22 U.S.C. 2680), 

7 section 313 of the Foreign Relations Authorization Act, Fis8 cal Years 1994 and 1995 (22 U.S.C. 6212), and section 

9 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

10 414(a)(1)). 

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

12 each amount incorporated by reference in this Act that was 

13 previously designated as being for contingency operations 

14 directly related to the global war on terrorism pursuant to 

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

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

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

18 the budget for fiscal year 2010, is designated by the Con19 gress for Overseas Contingency Operations/Global War on 

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

21 Budget and Emergency Deficit Control Act of 1985, except 

22 that such amount shall be available only if the President 

23 subsequently so designates such amount and transmits such 

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

25 not apply to any amount so designated. 
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1 (b) Subsection (a) shall not apply to amounts for ‘‘De2 partment of Justice—Federal Bureau of Investigation— 

3 Salaries and Expenses’’. 

4 SEC. 115. During the period covered by this Act, dis5 cretionary amounts appropriated for fiscal year 2012 that 

6 were provided in advance by appropriations Acts shall be 

7 available in the amounts provided in such Acts, reduced 

8 by the percentage in section 101(b). 

9 SEC. 116. Notwithstanding section 101, amounts made 

10 available by this Act for ‘‘Department of Defense—Oper11 ation and Maintenance—Operation and Maintenance, Air 

12 Force’’ may be used by the Secretary of Defense for oper13 ations and activities of the Office of Security Cooperation 

14 in Iraq and security assistance teams, including life sup15 port, transportation and personal security, and facilities 

16 renovation and construction: Provided, That the authority 

17 made by this section shall continue in effect through the 

18 date specified in section 106(3) of this Act: Provided fur19 ther, That section 9014 of division A of Public Law 112– 

20 10 shall not apply to funds appropriated by this Act. 

21 SEC. 117. Notwithstanding section 101, funds made 

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

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

24 at a rate for operations not to exceed the rate permitted 
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1 by H.R. 2219 (112th Congress) as passed by the House of 

2 Representatives on July 8, 2011. 

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

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

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

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

7 the John Warner National Defense Authorization Act for 

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

9 as extended by section 1204(b) of the Duncan Hunter Na10 tional Defense Authorization Act for Fiscal Year 2009 (Pub11 lic Law 110–417; 122 Stat. 4623), shall continue in effect 

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

13 SEC. 120. Notwithstanding section 101, amounts are 

14 provided for ‘‘Defense Nuclear Facilities Safety Board— 

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

16 $29,130,000. 

17 SEC. 121. Notwithstanding any other provision of this 

18 Act, except section 106, the District of Columbia may ex19 pend local funds under the heading ‘‘District of Columbia 

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

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

22 on Appropriations of the House of Representatives, at the 

23 rate set forth under ‘‘District of Columbia Funds—Sum24 mary of Expenses’’ as included in the Fiscal Year 2012 
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1 Budget Request Act of 2011 (D.C. Act 19–92), as modified 

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

3 SEC. 122. Notwithstanding section 101, amounts are 

4 provided for the necessary expenses of the Recovery Account5 ability and Transparency Board, to carry out its functions 

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

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

8 for operations of $28,350,000. 

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

10 (15 U.S.C. 638(m)) shall be applied by substituting the date 

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

12 2011’’. 

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

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

15 Technology Transfer Program shall continue in effect 

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

17 (c) Notwithstanding section 9(y)(6) of the Small Busi18 ness Act (15 U.S.C. 638(y)(6)), the pilot program under 

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

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

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

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

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

24 Act. 
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1 SEC. 125. Notwithstanding any other provision of this 

2 Act, effective on the date of the enactment of this Act, of 

3 the unobligated balances remaining available to the Depart4 ment of Energy pursuant to section 129 of the Continuing 

5 Appropriations Resolution, 2009 (division A of Public Law 

6 110–329), $500,000,000 is rescinded, $774,000,000 is here7 by transferred to and merged with ‘‘Department of Home8 land Security—Federal Emergency Management Agency— 

9 Disaster Relief’’, and $226,000,000 is hereby transferred to 

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

11 and Coastal Emergencies’’: Provided, That the amounts 

12 made available by this section for the Corps of Engineers13 Civil shall be for emergency expenses for repair of damage 

14 caused by the storm and flood events occurring in 2011: 

15 Provided further, That the amounts transferred by this sec16 tion shall remain available until expended: Provided fur17 ther, That each amount transferred by this section is des18 ignated as an emergency pursuant to section 3(c)(1) of H. 

19 Res. 5 (112th Congress) and as an emergency requirement 

20 pursuant to section 403(a) of S. Con. Res. 13 (111th Con21 gress), the concurrent resolution on the budget for fiscal year 

22 2010. 

23 SEC. 126. (a) Notwithstanding section 101, amounts 

24 are provided for ‘‘Department of Homeland Security—Fed25 eral Emergency Management Agency—Disaster Relief’’ at 
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1 a rate for operations of $2,650,000,000: Provided, That the 

2 Secretary of Homeland Security shall provide a full ac3 counting of disaster relief funding requirements for such ac4 count for fiscal year 2012 not later than 15 days after the 

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

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

7 request for fiscal year 2013. 

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

9 fiscal year shall include estimates of the following amounts: 

10 (1) The unobligated balance of funds in such ac11 count that has been (or will be) carried over to such 

12 fiscal year from prior fiscal years. 

13 (2) The unobligated balance of funds in such ac14 count that will be carried over from such fiscal year 

15 to the subsequent fiscal year. 

16 (3) The amount of the rolling average of non-cat17 astrophic disasters, and the specific data used to cal18 culate such rolling average, for such fiscal year. 

19 (4) The amount that will be obligated each 

20 month for catastrophic events, delineated by event and 

21 State, and the total remaining funding that will be 

22 required after such fiscal year for each such cata23 strophic event for each State. 

24 (5) The amount of previously obligated funds 

25 that will be recovered each month of such fiscal year. 
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1 (6) The amount that will be required in such fis2 cal year for emergencies, as defined in section 102(1) 

3 of the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5122(1)). 

5 (7) The amount that will be required in such fis6 cal year for major disasters, as defined in section 

7 102(2) of the Robert T. Stafford Disaster Relief and 

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

9 (8) The amount that will be required in such fis10 cal year for fire management assistance grants, as de11 fined in section 420 of the Robert T. Stafford Disaster 

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

13 5187). 

14 SEC. 127. Any funds made available pursuant to sec15 tion 101 for the Department of Homeland Security may 

16 be obligated at a rate for operations necessary to sustain 

17 essential security activities, such as: staffing levels of oper18 ational personnel; immigration enforcement and removal 

19 functions, including sustaining not less than necessary de20 tention bed capacity; and United States Secret Service pro21 tective activities, including protective activities necessary to 

22 secure National Special Security Events. The Secretary of 

23 Homeland Security shall notify the Committees on Appro24 priations of the House of Representatives and the Senate 

25 on each use of the authority provided in this section. 
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1 SEC. 128. The authority provided by section 532 of 

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

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

4 SEC. 129. The authority provided by section 831 of 

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

6 continue in effect through the date specified in section 

7 106(3) of this Act. 

8 SEC. 130. Section 550(b) of the Department of Home9 land Security Appropriations Act, 2007 (6 U.S.C. 121 note) 

10 shall be applied by substituting the date specified in section 

11 106(3) of this Act for ‘‘October 4, 2011’’. 

12 SEC. 131. Sections 1309(a) and 1319 of the National 

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

14 shall be applied by substituting the date specified in section 

15 106(3) of this Act for ‘‘September 30, 2011’’. 

16 SEC. 132. Section 330 of the Department of the Inte17 rior and Related Agencies Appropriations Act, 2001 (42 

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

19 shall continue in effect through the date specified in section 

20 106(3) of this Act. 

21 SEC. 133. Notwithstanding section 101, section 1807 

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

23 ‘‘$374,743,000’’ for ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for 

24 ‘‘$3,000,000’’. 
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1 SEC. 134. The second proviso of section 1801(a)(3) of 

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

3 under this subparagraph’’ and inserting ‘‘appropriations 

4 made available by this Act’’. 

5 SEC. 135. Notwithstanding section 101, amounts are 

6 provided for ‘‘Federal Mine Safety and Health Review 

7 Commission—Salaries and Expenses’’ at a rate for oper8 ations of $14,510,000. 

9 SEC. 136. Sections 399AA(e), 399BB(g), and 399CC(f) 

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

11 1(g), 280i–2(f)) shall be applied by substituting the date 

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

13 2011’’. 

14 SEC. 137. Notwithstanding section 101, section 2005 

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

16 substituting ‘‘$0’’ for each dollar amount. 

17 SEC. 138. The Export-Import Bank Act of 1945 (12 

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

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

20 2011’’ in section 7 of such Act of 1945. 

21 SEC. 139. Section 209 of the International Religious 

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

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

24 for ‘‘September 30, 2011’’. 
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1 SEC. 140. Commitments to guarantee loans incurred 

2 under the General and Special Risk Insurance Funds, as 

3 authorized by sections 238 and 519 of the National Housing 

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

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

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

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

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

9 covered in this Act. 

10 SEC. 141. (a) RENEWAL OF IMPORT RESTRICTIONS

11 UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF

12 2003.— 

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

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

15 and section 3A (b)(1) and (c)(1) of the Burmese Free16 dom and Democracy Act of 2003. 

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

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

19 of section 9 of the Burmese Freedom and Democracy 

20 Act of 2003. 

21 (b) PAYGO COMPLIANCE.—The budgetary effects of 

22 this section, for the purpose of complying with the Statutory 

23 Pay-As-You-Go Act of 2010, shall be determined by ref24 erence to the latest statement titled ‘‘Budgetary Effects of 

25 PAYGO Legislation’’ for this section, submitted for printing 
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1 in the Congressional Record by the Chairman of the House 

2 Budget Committee, provided that such statement has been 

3 submitted prior to the vote on passage. 

4 (c) EFFECTIVE DATE.—This section shall take effect 

5 on July 26, 2011. 

6 (d) APPLICABILITY.—This section shall not be subject 

7 to any other provision of this Act. 

8 SEC. 142. Effective on the date of the enactment of this 

9 Act, of the unobligated balances remaining available for 

10 ‘‘Department of Energy—Energy Programs—Title 17-In11 novative Technology Loan Guarantee Program’’ pursuant 

12 to title IV of division A of Public Law 111–5, $100,000,000 

13 is rescinded. 

14 This Act may be cited as the ‘‘Continuing Appropria15 tions Act, 2012’’. 

Attest: 

Clerk. 

112TH CONGRESS 

1ST SESSION H.R. 2608 

HOUSE AMENDMENT TO 

SENATE AMENDMENT