[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 17151-17156]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  CONTINUING APPROPRIATIONS ACT, 2011

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1682, I call up 
the bill (H.R. 3081) making appropriations for the Department of State, 
foreign operations, and related programs for the fiscal year ending 
September 30, 2010, and for other purposes, with the Senate amendments 
thereto, and offer the motion.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Larsen of Washington). The Clerk will 
designate the Senate amendments.
  The text of the Senate amendments is as follows:


[[Page 17152]]

       Senate amendments:
       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 
     2011, and for other purposes, namely:
       Sec. 101.  Such amounts as may be necessary, at a rate for 
     operations as provided in the applicable appropriations Acts 
     for fiscal year 2010 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 2010, and for which 
     appropriations, funds, or other authority were made available 
     in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       (2) Division A of the Department of Defense Appropriations 
     Act, 2010 (division A of Public Law 111-118).
       (3) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85).
       (4) The Department of Homeland Security Appropriations Act, 
     2010 (Public Law 111-83) and section 601 of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212).
       (5) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010 (division A of 
     Public Law 111-88).
       (6) The Legislative Branch Appropriations Act, 2010 
     (division A of Public Law 111-68).
       (7) The Consolidated Appropriations Act, 2010 (Public Law 
     111-117).
       (8) Chapter 3 of title I of the Supplemental Appropriations 
     Act, 2010 (Public Law 111-212), except for appropriations 
     under the heading ``Operation and Maintenance'' relating to 
     Haiti following the earthquake of January 12, 2010, or the 
     Port of Guam: Provided, That the amount provided for the 
     Department of Defense pursuant to this paragraph shall not 
     exceed a rate for operations of $29,387,401,000: Provided 
     further, That the Secretary of Defense shall allocate such 
     amount to each appropriation account, budget activity, 
     activity group, and subactivity group, and to each program, 
     project, and activity within each appropriation account, in 
     the same proportions as such appropriations for fiscal year 
     2010.
       (9) Section 102(c) of chapter 1 of title I of the 
     Supplemental Appropriations Act, 2010 (Public Law 111-212) 
     that addresses guaranteed loans in the rural housing 
     insurance fund.
       (10) The appropriation under the heading ``Department of 
     Commerce--United States Patent and Trademark Office'' in the 
     United States Patent and Trademark Office Supplemental 
     Appropriations Act, 2010 (Public Law 111-224).
       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 2010 or prior years; 
     (2) the increase in production rates above those sustained 
     with fiscal year 2010 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 2010.
       (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 2010.
       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 2011, 
     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 2011 without any provision 
     for such project or activity; or (3) December 3, 2010.
       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 2011 
     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 2010, 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 2010, 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 2010 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 2010, 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.  The following amounts are designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010:
       (1) Amounts incorporated by reference in this Act that were 
     previously designated as available for overseas deployments 
     and other activities pursuant to such concurrent resolution.
       (2) Amounts made available pursuant to paragraph (8) of 
     section 101 of this Act.
       Sec. 115.  Notwithstanding any other provision of this Act, 
     funds appropriated under the heading ``Food for Peace Title 
     II Grants'' in chapter 1 of title I of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212) may be used to 
     reimburse obligations incurred for the purposes provided 
     therein prior to the enactment of such Act.
       Sec. 116.  The authority provided by section 18(h)(5) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769(h)(5)) shall continue in effect through the earlier of 
     the date of enactment of an authorization Act related to the 
     Richard B. Russell National School Lunch Act or the date 
     specified in section 106(3) of this Act.
       Sec. 117.  Notwithstanding section 101, amounts are 
     provided for ``Department of Commerce--Bureau of the Census--
     Periodic Censuses and Programs'', for necessary expenses to 
     collect and publish statistics for periodic censuses and 
     programs provided for by law, at a rate for operations of 
     $964,315,000.
       Sec. 118.  The authority provided by section 1202 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163), as most recently amended by section 
     1222 of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2518), shall continue 
     in effect through the date specified in section 106(3) of 
     this Act.
       Sec. 119.  Notwithstanding subsection (b) of section 310 of 
     the Supplemental Appropriations Act, 2009 (Public Law 111-32; 
     123 Stat. 1870), a claim described in that subsection that is 
     submitted before the date specified in section 106(3) of this 
     Act shall be treated as a claim for which payment may be made 
     under such section 310.
       Sec. 120. (a) Rescission.--The unobligated balance of 
     authority provided for investigations under the heading 
     ``Department of Defense--Civil, Department of the Army, Corps 
     of Engineers--Civil, Investigations'', in chapter 4 of title 
     I of the Supplemental Appropriations Act, 2010 (Public Law 
     111-212; 124 Stat. 2312) is rescinded as of the date of 
     enactment of this Act.
       (b) Appropriation.--Notwithstanding any other provision in 
     this Act--
       (1) there is appropriated to the Department of the Army, 
     Corps of Engineers, an amount equal

[[Page 17153]]

     to the unobligated balance rescinded by subsection (a), to 
     remain available until expended, for investigations;
       (2) that such amount be available on the date of enactment 
     of this Act; and
       (3) the amount is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       Sec. 121. (a) Rescission.--The unobligated balance of 
     authority provided for in section 401 of chapter 4 of title I 
     of the Supplemental Appropriations Act, 2010 (Public Law 111-
     212; 124 Stat. 2313) for drought emergency assistance is 
     rescinded as of the date of enactment of this Act.
       (b) Appropriation.--Notwithstanding any other provision in 
     this Act--
       (1) there is appropriated to the Bureau of Reclamation, an 
     amount equal to the unobligated balance rescinded by 
     subsection (a), to remain available until expended, for 
     drought emergency assistance: Provided, That financial 
     assistance may be provided under the Reclamation States 
     Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) 
     and any other applicable Federal law (including regulations) 
     for the optimization and conservation of project water 
     supplies to assist drought-plagued areas of the West;
       (2) that such amount be available on the date of enactment 
     of this Act; and
       (3) the amount is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       Sec. 122.  Notwithstanding section 101, amounts are 
     provided for ``Department of Energy--Weapons Activities'' at 
     a rate for operations of $7,008,835,000.
       Sec. 123.  Notwithstanding any other provision of this Act, 
     except section 106, the District of Columbia may expend local 
     funds for programs and activities under the heading 
     ``District of Columbia Funds'' for such programs and 
     activities under title IV of S. 3677 (111th Congress), as 
     reported by the Committee on Appropriations of the Senate, at 
     the rate set forth under ``District of Columbia Funds'' as 
     included in the Fiscal Year 2011 Budget Request Act (D.C. Act 
     18-448), as modified as of the date of the enactment of this 
     Act.
       Sec. 124.  Section 550(b) of Public Law 109-295, as amended 
     by section 550 of Public Law 111-83, shall be applied by 
     substituting the date specified in section 106(3) of this Act 
     for ``October 4, 2010''.
       Sec. 125.  Section 203(m) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5133(m)) shall be applied by substituting the date specified 
     in section 106(3) of this Act for ``September 30, 2010''.
       Sec. 126.  Any funds made available pursuant to section 101 
     for the Federal Air Marshals may be obligated at a rate for 
     operations not exceeding that necessary to sustain domestic 
     and international flight coverage at the same level as the 
     final quarter of fiscal year 2010.
       Sec. 127.  Any funds made available pursuant to section 101 
     for U.S. Customs and Border Protection may be obligated at a 
     rate for operations not exceeding that necessary to sustain 
     the numbers of personnel in place in the final quarter of 
     fiscal year 2010. The Commissioner of U.S. Customs and Border 
     Protection 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.  Notwithstanding section 101, amounts are 
     provided for ``Department of the Interior--Minerals 
     Management Service--Royalty and Offshore Minerals 
     Management'' at a rate for operations of $365,000,000: 
     Provided, That amounts provided herein from the general fund 
     shall be reduced in an amount not to exceed $154,890,000, as 
     receipts from increases to rates in effect on August 5, 1993, 
     and from cost recovery fees are received: Provided further, 
     That of the prior-year unobligated balances available for 
     ``Department of the Interior--Minerals Management Service--
     Royalty and Offshore Minerals Management'', $25,000,000 are 
     rescinded.
       Sec. 129.  Section 2(e)(1)(B) of Public Law 109-129 shall 
     be applied by substituting the date specified in section 
     106(3) of this Act for ``September 30, 2010''.
       Sec. 130.  From funds transferred to ``Department of Health 
     and Human Services--Office of the Secretary--Public Health 
     and Social Services Emergency Fund'' by Public Law 111-117 in 
     the fourth paragraph under such heading, amounts shall be 
     available through the date specified in section 106(3) of 
     this Act to support advanced research and development 
     pursuant to section 319L of the Public Health Service Act, at 
     a rate for operations of $305,000,000.
       Sec. 131. (a) Extension of the Temporary Assistance for 
     Needy Families Program.--Activities authorized by part A of 
     title IV and section 1108(b) of the Social Security Act 
     (other than the Emergency Contingency Fund for State 
     Temporary Assistance for Needy Families Programs established 
     under subsection (c) of section 403 of such Act) shall 
     continue through the date specified in section 106(3) of this 
     Act in the manner authorized for fiscal year 2010, subject to 
     the amendments made by subsection (b) of this section, and 
     out of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated such 
     sums as may be necessary for such purpose. Grants and 
     payments may be made pursuant to this authority through the 
     applicable portion of the first quarter of fiscal year 2011 
     at the pro rata portion of the level provided for such 
     activities through the first quarter of fiscal year 2010.
       (b) Conforming Amendments.--
       (1) Supplemental grants for population increases.--Section 
     403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 
     603(a)(3)(H)(ii)) is amended to read as follows:
       ``(ii) subparagraph (G) shall be applied as if `the date 
     specified in section 106(3) of the Continuing Appropriations 
     Act, 2011' were substituted for `fiscal year 2001'; and''.
       (2) Contingency fund.--
       (A) Deposit into fund.--Section 403(b)(2) of such Act (42 
     U.S.C. 603(b)(2)) is amended--
       (i) by striking ``fiscal years 1997'' and all that follows 
     through ``2003'' and inserting ``fiscal years 2011 and 
     2012''; and
       (ii) by striking ``$2,000,000,000'' and inserting ``, in 
     the case of fiscal year 2011, $506,000,000 and in the case of 
     fiscal year 2012, $612,000,000''.
       (B) Conforming amendment.--Section 403(b)(3)(C)(ii) of such 
     Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking 
     ``fiscal years 1997 through 2010 shall not exceed the total 
     amount appropriated pursuant to paragraph (2)'' and inserting 
     ``fiscal year 2011 and 2012, respectively, shall not exceed 
     the total amount appropriated pursuant to paragraph (2) for 
     each such fiscal year''.
       (3) Maintenance of effort.--Section 409(a)(7) of such Act 
     (42 U.S.C. 609(a)(7)) is amended--
       (A) in subparagraph (A), by striking ``or 2011'' and 
     inserting ``2011, or 2012''; and
       (B) in subparagraph (B)(ii), by striking ``2010'' and 
     inserting ``2011''.
       Sec. 132.  Activities authorized by section 429 of the 
     Social Security Act shall continue through September 30, 
     2011, in the manner authorized for fiscal year 2010, and out 
     of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated such 
     sums as may be necessary for such purpose. Grants and 
     payments may be made pursuant to this authority on a 
     quarterly basis through fiscal year 2011 at the level 
     provided for such activities for the corresponding quarter of 
     fiscal year 2010.
       Sec. 133.  Effective October 1, 2010, subpart 2 of part B 
     of title IV of the Social Security Act is amended--
       (1) in section 436 (42 U.S.C. 629f)--
       (A) in subsection (a)--
       (i) by striking ``2011'' and inserting ``2010''; and
       (ii) by inserting before the period the following: ``, and 
     $365,000,000 for fiscal year 2011''; and
       (B) by striking ``$10,000,000'' in subsection (b)(2) and 
     inserting ``$30,000,000''; and
       (2) in section 438 (42 U.S.C. 629h)--
       (A) by striking ``2010'' in subsection (c)(2)(A) and 
     inserting ``2011''; and
       (B) by adding at the end of subsection (e) the following 
     flush sentence: ``For fiscal year 2011, out of the amount 
     reserved pursuant to section 436(b)(2) for such fiscal year, 
     there are available $10,000,000 for grants referred to in 
     subsection (b)(2)(B), and $10,000,000 for grants referred to 
     in subsection (b)(2)(C).''.
       Sec. 134.  Notwithstanding any other provision of this Act, 
     for payment in equal shares to the children and grandchildren 
     of Robert C. Byrd, $193,400 is appropriated.
       Sec. 135.  Notwithstanding section 101, amounts are 
     provided for deposit into ``Department of Defense Base 
     Closure Account 2005'' at a rate for operations of 
     $2,354,285,000.
       Sec. 136.  Notwithstanding section 101, amounts are 
     provided for ``Department of State--Administration of Foreign 
     Affairs--Diplomatic and Consular Programs'' at a rate for 
     operations of $8,601,000,000.
       Sec. 137.  Notwithstanding section 101, amounts are 
     provided for ``International Security Assistance--Funds 
     Appropriated to the President--Foreign Military Financing 
     Program'' at a rate for operations of $5,160,000,000, of 
     which not less than $2,775,000,000 shall be available for 
     grants only for Israel, not less than $1,300,000,000 shall be 
     available for grants only for Egypt, and not less than 
     $300,000,000 shall be available for assistance for Jordan: 
     Provided, That the dollar amount in the fourth proviso under 
     such heading in title IV of division F of Public Law 111-117 
     shall be deemed to be $729,825,000.
       Sec. 138. (a) Notwithstanding section 101, amounts are 
     provided for ``International Security Assistance--Funds 
     Appropriated to the President--Pakistan Counterinsurgency 
     Capability Fund'' at a rate for operations of $700,000,000.
       (b) Amounts provided by subsection (a) shall be available 
     to the Secretary of State under the terms and conditions 
     provided for this Fund in Public Law 111-32 and Public Law 
     111-212 through the date specified in section 106(3) of this 
     Act.
       Sec. 139.  Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting 
     the date specified in section 106(3) of this Act for 
     ``September 30, 2010''.
       Sec. 140. (a) Section 1115(d) of Public Law 111-32 shall be 
     applied by substituting the date specified in section 106(3) 
     of this Act for ``October 1, 2010''.
       (b) Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``October 1, 
     2010'' in paragraph (2).
       (c) Section 61(a) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
     substituting the date specified in section 106(3) of this Act 
     for ``October 1, 2010'' in paragraph (2).

[[Page 17154]]

       (d) Section 625(j)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2385(j)(1)) shall be applied by substituting the 
     date specified in section 106(3) of this Act for ``October 1, 
     2010'' in subparagraph (B).
       Sec. 141.  The authority provided by section 1334 of the 
     Foreign Affairs Reform and Restructuring Act of 1998 (22 
     U.S.C. 6553) shall remain in effect through the date 
     specified in section 106(3) of this Act.
       Sec. 142.  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 $20,000,000,000: 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 by this Act.
       Sec. 143.  The provisions of title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall 
     continue in effect, notwithstanding section 209 of such Act, 
     through the earlier of: (1) the date specified in section 
     106(3) of this Act; or (2) the date of the enactment into law 
     of an authorization Act relating to the McKinney-Vento 
     Homeless Assistance Act.
       Sec. 144.  Notwithstanding any other provision of law or of 
     this Act, for mortgages for which the mortgagee issues credit 
     approval for the borrower during fiscal year 2011, the second 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) shall be considered to require that in no 
     case may the benefits of insurance under such section 255 
     exceed 150 percent of the maximum dollar amount in effect 
     under the sixth sentence of section 305(a)(2) of the Federal 
     Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
       Sec. 145. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages for which the mortgagee issues credit approval for 
     the borrower during fiscal year 2011, if the dollar amount 
     limitation on the principal obligation of a mortgage 
     determined under section 203(b)(2) of the National Housing 
     Act (12 U.S.C. 1709(b)(2)) for any size residence for any 
     area is less than such dollar amount limitation that was in 
     effect for such size residence for such area for 2008 
     pursuant to section 202 of the Economic Stimulus Act of 2008 
     (Public Law 110-185; 122 Stat. 620), notwithstanding any 
     other provision of law or of this Act, the maximum dollar 
     amount limitation on the principal obligation of a mortgage 
     for such size residence for such area for purposes of such 
     section 203(b)(2) shall be considered (except for purposes of 
     section 255(g) of such Act (12 U.S.C. 1715z-20(g))) to be 
     such dollar amount limitation in effect for such size 
     residence for such area for 2008.
       (b) Discretionary Authority for Sub-areas.--Notwithstanding 
     any other provision of law or of this Act, if the Secretary 
     of Housing and Urban Development determines, for any 
     geographic area that is smaller than an area for which dollar 
     amount limitations on the principal obligation of a mortgage 
     are determined under section 203(b)(2) of the National 
     Housing Act, that a higher such maximum dollar amount 
     limitation is warranted for any particular size or sizes of 
     residences in such sub-area by higher median home prices in 
     such sub-area, the Secretary may, for mortgages for which the 
     mortgagee issues credit approval for the borrower during 
     fiscal year 2011, increase the maximum dollar amount 
     limitation for such size or sizes of residences for such sub-
     area that is otherwise in effect (including pursuant to 
     subsection (a) of this section), but in no case to an amount 
     that exceeds the amount specified in section 202(a)(2) of the 
     Economic Stimulus Act of 2008.
       Sec. 146. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages originated during fiscal year 2011, if the 
     limitation on the maximum original principal obligation of a 
     mortgage that may be purchased by the Federal National 
     Mortgage Association or the Federal Home Loan Mortgage 
     Corporation determined under section 302(b)(2) of the Federal 
     National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(2)) or section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1754(a)(2)) respectively, 
     for any size residence for any area is less than such maximum 
     original principal obligation limitation that was in effect 
     for such size residence for such area for 2008 pursuant to 
     section 201 of the Economic Stimulus Act of 2008 (Public Law 
     110-185; 122 Stat. 619), notwithstanding any other provision 
     of law or of this Act, the limitation on the maximum original 
     principal obligation of a mortgage for such Association and 
     Corporation for such size residence for such area shall be 
     such maximum limitation in effect for such size residence for 
     such area for 2008.
       (b) Discretionary Authority for Sub-areas.--Notwithstanding 
     any other provision of law or of this Act, if the Director of 
     the Federal Housing Finance Agency determines, for any 
     geographic area that is smaller than an area for which 
     limitations on the maximum original principal obligation of a 
     mortgage are determined for the Federal National Mortgage 
     Association or the Federal Home Loan Mortgage Corporation, 
     that a higher such maximum original principal obligation 
     limitation is warranted for any particular size or sizes of 
     residences in such sub-area by higher median home prices in 
     such sub-area, the Director may, for mortgages originated 
     during fiscal year 2011, increase the maximum original 
     principal obligation limitation for such size or sizes of 
     residences for such sub-area that is otherwise in effect 
     (including pursuant to subsection (a) of this section) for 
     such Association and Corporation, but in no case to an amount 
     that exceeds the amount specified in the matter following the 
     comma in section 201(a)(l)(B) of the Economic Stimulus Act of 
     2008.
       This Act may be cited as the ``Continuing Appropriations 
     Act, 2011''.

       Amend the title so as to read: ``An Act making continuing 
     appropriations for fiscal year 2011, and for other 
     purposes.''.


                            Motion to Concur

  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Obey moves that the House concur in the Senate 
     amendments.

  The SPEAKER pro tempore. Pursuant to House Resolution 1682, the 
motion shall be debatable for 1 hour equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Appropriations.
  The gentleman from Wisconsin (Mr. Obey) and the gentleman from 
California (Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. I yield myself such time as I might consume.
  Mr. Speaker, I had planned to deliver a 10-minute oration outlining 
my concerns about this CR before us. However, given the late hour, I'll 
simply say that I believe it spends too much by continuing funding at 
last year's levels.
  Mr. Speaker, I am reminded of the words of my friend and yours, Will 
Rogers, whose statue stands outside the door of the House Chamber. He 
said, ``Never miss a good chance to shut up.''
  Mr. Speaker, by any definition, this year's appropriations process 
has been a complete and utter failure. The current fiscal year ends 
tomorrow and to date, only two spending bills have cleared the full 
Appropriations Committee and passed the House. In two of the last four 
years under Democrat control, Congress has failed to enact a single 
appropriations bill by the beginning of the new fiscal year.
  It is now certain that any further consideration of the ten 
unfinished spending bills is unlikely this year, leaving a massive, 
end-of-the-year omnibus bill as the most likely course of action 
following the November elections.
  The omnibus would be the latest in a long list of big money bills 
passed by this Congress--on top of health care reform, Stimulus, TARP, 
and too many bailouts to mention by name--over the loud objections of 
House Republicans. Taken together, these costly measures have cemented 
this legislative session's reputation as the most expensive in our 
country's history.
  According to CNN, this Democrat-controlled Congress has committed our 
country to at least $11 trillion in bailout spending alone over the 
last 2 years. Let me repeat that: Over eleven trillion dollars in new 
bailout spending in just two years paid for by the American taxpayer.
  It is this spending by this Administration and this Democrat 
controlled Congress that has resulted in historic deficits and record 
levels of debt. Add to this spending the potential cost of cap and 
trade legislation, more costly regulations on small businesses, and the 
prospect of higher taxes on all Americans at the end of this year, it's 
no wonder that our country is facing 10 percent unemployment.
  This is the most pro-spending, pro-regulation, anti-small business 
Congress in memory. What company or small business wants to hire anyone 
in this environment?
  This record is all the more striking when you consider the fact that 
the House has spent week after week, month after month, considering 
hundreds of insignificant bills while ignoring the substantive work 
required of Congress each year to pass a federal budget.
  This Continuing Resolution would have been the Democrat majority's 
last hope of telling voters that they're listening to the public's 
concern about out-of-control spending--and yet, one more time, they 
have turned a deaf ear. If voters need any additional motivation to go 
to the polls in November, this Democrat-controlled Congress has 
certainly provided it.

[[Page 17155]]

  While I recognize the need to keep the government running in the 
absence of any spending bills being enacted, I cannot and will not 
support this CR because it continues unsustainable and unrestrained 
levels of spending established last year. Republicans have, and will 
continue, to advocate for lower spending that is nearly $100 billion 
below the current level set by Chairman Obey and the White House.
  We should pass a bill that includes these reductions while 
maintaining the essential functions of government until Congress 
completes this year's budget. This CR as presently written fails that 
critical test.
  In closing, I want to applaud the Senate for resisting the temptation 
to add a variety of legislative items and billions in additional 
spending requested by the Obama White House. At a time of extreme 
spending fatigue, it's simply unacceptable to use a must-pass CR as a 
legislative vehicle for more wasteful federal spending or completing an 
array of unfinished political business before the election.
  Mr. Speaker, I don't believe we should shut down the government. But 
voters are telling Congress that Uncle Sam needs a diet. At a time of 
historic deficits, record debt, and 10 percent unemployment, I believe 
we owe our constituents more than the status quo. There's no question 
that we can keep government running and spend far less of the voters' 
money than we're presently spending.
  With that, Mr. Speaker, I urge a ``no'' vote and yield back the 
balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, this continuing resolution is designed to keep the 
government open and running. We have an obligation to do this. We've 
got enough problems in the economy right now without adding to 
uncertainty. The Senate passed this continuing resolution by a vote of 
69-30. The House ought to pass it. It is a relatively straightforward 
and unadorned CR which simply keeps the government open for 64 days.
  As far as the funding levels are concerned, in total this CR is a bit 
below what was enacted in 2010. The CR allows agencies to continue 
fiscal 2010 levels, with three exceptions. First, it provides 
additional funding for the National Nuclear Security Administration at 
the President's requested level of $7 billion. This is for weapons 
security, included at the request of Senate Republicans. Second, the CR 
provides less funding for the Census and Defense BRAC activities 
because less is needed for 2011. Third, the CR provides funding equal 
to last year's security assistance for Israel, Egypt, Jordan, Pakistan, 
and the State Department operations in Iraq and Afghanistan. This 
exception is needed because some of last year's funding was provided in 
the 2009 supplemental. It also extends a number of authorizations that 
would otherwise expire, such as TANF. It also extends higher mortgage 
loan limits, stop-loss payments to our troops, and other programs.
  Frankly, I had hoped that this CR would do a few other things, but 
the Senate would not accept them. For example, I had hoped that the CR 
would allow continuation of the emergency job program through which 37 
States provide subsidized jobs for nearly 250,000 otherwise unemployed 
parents and youth. The Senate would not allow this program to continue.
  I urge an ``aye'' vote on the legislation. And I would simply note 
that, given the calendar, a vote against this proposition would be a 
vote to shut down the government.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in support of this Continuing 
Resolution, which will fund continued government operations through 
December 3, 2010.
  Mr. Speaker, I have no substantive objection to the temporary 
funding, authorization extensions and other spending included in this 
legislation. They are necessary to keep the government running and to 
minimize program disruption until Congress' FY 2011 appropriations 
bills can be enacted into law. But I am deeply disappointed that due to 
Republican opposition in the Senate the bill does not include a 
critical provision for our nation's wounded warriors.
  This zero-cost technical correction, developed in consultation with 
and supported by the Department of Defense, would have allowed $300 
million of already appropriated FY 10 funds to be spent on needed BRAC-
related infrastructure improvements at our nation's military medical 
hospitals. As a result of the action in the Senate, wounded warriors 
and their families may very well not get timely access to the care they 
have earned and deserve.
  Mr. Speaker, I will support today's Continuing Resolution, but I will 
continue to work with the Department of Defense and my colleagues in 
both chambers on both sides of the aisle to make sure the federal 
government meets its responsibilities to our nation's wounded warriors. 
With BRAC-mandated consolidation at our military medical facilities now 
less than a year away, there is literally not a moment to waste.
  Mr. KUCINICH. Mr. Speaker, I rise in opposition to the Senate 
Amendment to H.R. 3081 and the Continuing Appropriations Act of 2011. 
This bill is necessary to keep federal agencies running and I support a 
number of provisions contained in it. These programs provide vital 
assistance to American families across the country as we continue to 
experience the worst economic downturn in recent history.
  However, I cannot support any bill that provides funding for the wars 
in Afghanistan and Iraq. Vice President Joe Biden was recently quoted 
in The Washington Post as telling President Obama that we were ``locked 
into Vietnam'' with the war in Afghanistan. The expose on the war by 
veteran journalist Bob Woodward showed a military that was unwilling to 
provide our Commander in Chief with a way out. We are stuck in a 
seemingly endless war in Afghanistan.
  The Obama Administration also wants us to believe that combat 
operations in Iraq have ended. The reality is that the remaining 50,000 
U.S. troops in the country continue to conduct joint combat operations 
with Iraqi military forces. This number does not reflect the 11,000 
private security contractors currently operating in Iraq. Innocent 
Iraqi civilians and U.S. troops continue to be killed.
  I also oppose funding in this bill that provides counterinsurgency 
assistance to Pakistan. These funds go toward their military, police 
and Frontier Corps forces--and toward U.S. military personnel operating 
in the country. I have long expressed concern over the growing presence 
of U.S. military personnel in Pakistan and the implications it has for 
our own national security.
  We cannot afford to continue the status quo in Pakistan, Afghanistan 
and Iraq. Our counterinsurgency strategy places our troops and our 
national security in great peril. The truth is that we cannot afford 
these wars. We cannot afford an open-ended commitment to wars that have 
done nothing to further our security or moral standing in the world. 
The American people cannot afford to have Congress allocate vital 
resources under the facade of nation-building overseas, especially 
while people here at home have such urgent unmet economic needs.
  Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1682, the previous question is ordered.
  The question is on the motion offered by the gentleman from Wisconsin 
(Mr. Obey).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEWIS of California. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote 
on concurring in Senate amendments to H.R. 3940.
  The vote was taken by electronic device, and there were--ayes 228, 
noes 194, not voting 10, as follows:

                             [Roll No. 564]

                               AYES--228

     Ackerman
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi

[[Page 17156]]


     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--194

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Djou
     Dreier
     Driehaus
     Duncan
     Ehlers
     Emerson
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves (GA)
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hodes
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Kucinich
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Space
     Stark
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)

                             NOT VOTING--10

     Blunt
     Childers
     Clay
     Delahunt
     Fallin
     Graves (MO)
     Himes
     Radanovich
     Watt
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  0018

  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________