[House Report 112-215]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-215

======================================================================



 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
  2608) TO PROVIDE FOR AN ADDITIONAL TEMPORARY EXTENSION OF PROGRAMS 
 UNDER THE SMALL BUSINESS ACT AND THE SMALL BUSINESS INVESTMENT ACT OF 
                      1958, AND FOR OTHER PURPOSES
                                _______
                                

 September 22, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Dreier, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 412]

    The Committee on Rules, having had under consideration 
House Resolution 412, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 2608, 
the Small Business Program Extension and Reform Act of 2011, 
and the Senate amendment thereto. The resolution makes in order 
a motion offered by the chair of the Committee on 
Appropriations that the House concur in the Senate amendment to 
H.R. 2608 with the amendment printed in part A of this report, 
as modified by the amendment printed in part B of this report. 
The resolution waives all points of order against consideration 
of the motion. The resolution provides that the Senate 
amendment and the motion shall be considered as read. The 
resolution provides for one hour of debate on the motion 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion includes waivers of: Section 302(f) of the 
Congressional Budget Act, which prohibits consideration of 
legislation providing new budget authority in excess of a 
subcommittee's 302(b) allocation of such authority; Section 
311(a) of the Congressional Budget Act, which prohibits 
consideration of legislation or an amendment that would cause 
the total level of new budget authority or outlays in the most 
recent budget resolution to be exceeded, or would cause 
revenues to be less; Section 306 of the Congressional Budget 
Act, which prohibits consideration of legislation within the 
Budget Committee's jurisdiction, unless reported by the Budget 
Committee; and clause 7 of rule XVI, prohibiting nongermane 
amendments.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 131

    Motion by Mr. Sessions to report a rule providing for the 
disposition of the Senate amendment to H.R. 2608. Adopted: 8-4.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                     SUMMARY OF AMENDMENT IN PART A

    Rogers, Harold (KY): The amendment in the nature of a 
substitute is virtually identical to H.J. Res. 79 as introduced 
with the following modifications: the across-the-board 
reduction that ensures consistency with the total discretionary 
spending caps in the Budget Control Act of 2011 has been 
modified from 1.409% to 1.503%, due to a scoring change made 
after the introduction of H.J. Res. 79 (this modification was 
previously included in H. Rept. 112-207); clarifies that the 
across-the-board cut should be applied to the amounts provided 
for discretionary advance appropriations, rather than to the 
``rate for operations'' for advance appropriations to ensure 
that the Office of Management and Budget apportions the advance 
appropriations consistent with program requirements; and, cross 
references to ``Act'' rather than ``joint resolution.''

                     SUMMARY OF AMENDMENT IN PART B

    Rogers, Harold (KY): Adds, at the end of the House 
amendment, a modification to rescind $100,000,000 in 
unobligated funds in the Department of Energy's ``Title 17-
Innovative Technology Loan Guarantee Program''.

                       PART A--TEXT OF AMENDMENT

  In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following:

That the following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of Government for fiscal year 2012, and 
for other purposes, namely:
  Sec. 101. (a) Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts 
for fiscal year 2011 and under the authority and conditions 
provided in such Acts, for continuing projects or activities 
(including the costs of direct loans and loan guarantees) that 
are not otherwise specifically provided for in this Act, that 
were conducted in fiscal year 2011, and for which 
appropriations, funds, or other authority were made available 
in the following appropriations Acts:
          (1) The Department of Defense Appropriations Act, 
        2011 (division A of Public Law 112-10).
          (2) The Full-Year Continuing Appropriations Act, 2011 
        (division B of Public Law 112-10).
  (b) The rate for operations provided by subsection (a) is 
hereby reduced by 1.503 percent.
  Sec. 102. (a) No appropriation or funds made available or 
authority granted pursuant to section 101 for the Department of 
Defense shall be used for (1) the new production of items not 
funded for production in fiscal year 2011 or prior years; (2) 
the increase in production rates above those sustained with 
fiscal year 2011 funds; or (3) the initiation, resumption, or 
continuation of any project, activity, operation, or 
organization (defined as any project, subproject, activity, 
budget activity, program element, and subprogram within a 
program element, and for any investment items defined as a P-1 
line item in a budget activity within an appropriation account 
and an R-1 line item that includes a program element and 
subprogram element within an appropriation account) for which 
appropriations, funds, or other authority were not available 
during fiscal year 2011.
  (b) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense 
shall be used to initiate multi-year procurements utilizing 
advance procurement funding for economic order quantity 
procurement unless specifically appropriated later.
  Sec. 103.  Appropriations made by section 101 shall be 
available to the extent and in the manner that would be 
provided by the pertinent appropriations Act.
  Sec. 104.  Except as otherwise provided in section 102, no 
appropriation or funds made available or authority granted 
pursuant to section 101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other 
authority were not available during fiscal year 2011.
  Sec. 105.  Appropriations made and authority granted pursuant 
to this Act shall cover all obligations or expenditures 
incurred for any project or activity during the period for 
which funds or authority for such project or activity are 
available under this Act.
  Sec. 106.  Unless otherwise provided for in this Act or in 
the applicable appropriations Act for fiscal year 2012, 
appropriations and funds made available and authority granted 
pursuant to this Act shall be available until whichever of the 
following first occurs: (1) the enactment into law of an 
appropriation for any project or activity provided for in this 
Act; (2) the enactment into law of the applicable 
appropriations Act for fiscal year 2012 without any provision 
for such project or activity; or (3) November 18, 2011.
  Sec. 107.  Expenditures made pursuant to this Act shall be 
charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, 
or authorization is contained is enacted into law.
  Sec. 108.  Appropriations made and funds made available by or 
authority granted pursuant to this Act may be used without 
regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, United 
States Code, but nothing in this Act may be construed to waive 
any other provision of law governing the apportionment of 
funds.
  Sec. 109.  Notwithstanding any other provision of this Act, 
except section 106, for those programs that would otherwise 
have high initial rates of operation or complete distribution 
of appropriations at the beginning of fiscal year 2012 because 
of distributions of funding to States, foreign countries, 
grantees, or others, such high initial rates of operation or 
complete distribution shall not be made, and no grants shall be 
awarded for such programs funded by this Act that would impinge 
on final funding prerogatives.
  Sec. 110.  This Act shall be implemented so that only the 
most limited funding action of that permitted in the Act shall 
be taken in order to provide for continuation of projects and 
activities.
  Sec. 111. (a) For entitlements and other mandatory payments 
whose budget authority was provided in appropriations Acts for 
fiscal year 2011, and for activities under the Food and 
Nutrition Act of 2008, activities shall be continued at the 
rate to maintain program levels under current law, under the 
authority and conditions provided in the applicable 
appropriations Act for fiscal year 2011, to be continued 
through the date specified in section 106(3).
  (b) Notwithstanding section 106, obligations for mandatory 
payments due on or about the first day of any month that begins 
after October 2011 but not later than 30 days after the date 
specified in section 106(3) may continue to be made, and funds 
shall be available for such payments.
  Sec. 112.  Amounts made available under section 101 for 
civilian personnel compensation and benefits in each department 
and agency may be apportioned up to the rate for operations 
necessary to avoid furloughs within such department or agency, 
consistent with the applicable appropriations Act for fiscal 
year 2011, except that such authority provided under this 
section shall not be used until after the department or agency 
has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
  Sec. 113.  Funds appropriated by this Act may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(1)).
  Sec. 114. (a) Except as provided in subsection (b), each 
amount incorporated by reference in this Act that was 
previously designated as being for contingency operations 
directly related to the global war on terrorism pursuant to 
section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
emergency requirement pursuant to section 403(a) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010, is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, except that such amount 
shall be available only if the President subsequently so 
designates such amount and transmits such designation to the 
Congress. Section 101(b) of this Act shall not apply to any 
amount so designated.
  (b) Subsection (a) shall not apply to amounts for 
``Department of Justice--Federal Bureau of Investigation--
Salaries and Expenses''.
  Sec. 115.  During the period covered by this Act, 
discretionary amounts appropriated for fiscal year 2012 that 
were provided in advance by appropriations Acts shall be 
available in the amounts provided in such Acts, reduced by the 
percentage in section 101(b).
  Sec. 116.  Notwithstanding section 101, amounts made 
available by this Act for ``Department of Defense--Operation 
and Maintenance--Operation and Maintenance, Air Force'' may be 
used by the Secretary of Defense for operations and activities 
of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and 
personal security, and facilities renovation and construction: 
Provided, That the authority made by this section shall 
continue in effect through the date specified in section 106(3) 
of this Act: Provided further, That section 9014 of division A 
of Public Law 112-10 shall not apply to funds appropriated by 
this Act.
  Sec. 117.  Notwithstanding section 101, funds made available 
in title IX of division A of Public Law 112-10 for ``Overseas 
Contingency Operations'' shall be available at a rate for 
operations not to exceed the rate permitted by H.R. 2219 (112th 
Congress) as passed by the House of Representatives on July 8, 
2011.
  Sec. 118.  The authority provided by section 127b of title 
10, United States Code, shall continue in effect through the 
date specified in section 106(3) of this Act.
  Sec. 119.  The authority provided by section 1202 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2412), as extended by section 
1204(b) of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4623), 
shall continue in effect through the date specified in section 
106(3) of this Act.
  Sec. 120.  Notwithstanding section 101, amounts are provided 
for ``Defense Nuclear Facilities Safety Board--Salaries and 
Expenses'' at a rate for operations of $29,130,000.
  Sec. 121.  Notwithstanding any other provision of this Act, 
except section 106, the District of Columbia may expend local 
funds under the heading ``District of Columbia Funds'' for such 
programs and activities under title IV of H.R. 2434 (112th 
Congress), as reported by the Committee on Appropriations of 
the House of Representatives, at the rate set forth under 
``District of Columbia Funds--Summary of Expenses'' as included 
in the Fiscal Year 2012 Budget Request Act of 2011 (D.C. Act 
19-92), as modified as of the date of the enactment of this 
Act.
  Sec. 122.  Notwithstanding section 101, amounts are provided 
for the necessary expenses of the Recovery Accountability and 
Transparency Board, to carry out its functions under title XV 
of division A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5), at a rate for operations of 
$28,350,000.
  Sec. 123. (a) Section 9(m) of the Small Business Act (15 
U.S.C. 638(m)) shall be applied by substituting the date 
specified in section 106(3) of this Act for ``September 30, 
2011''.
  (b) Notwithstanding section 9(n)(1)(A) of the Small Business 
Act (15 U.S.C. 638(n)(1)(A)), the Small Business Technology 
Transfer Program shall continue in effect through the date 
specified in section 106(3) of this Act.
  (c) Notwithstanding section 9(y)(6) of the Small Business Act 
(15 U.S.C. 638(y)(6)), the pilot program under section 9(y) of 
such Act shall continue in effect through the date specified in 
section 106(3) of this Act.
  Sec. 124.  Section 8909a(d)(3)(A)(v) of title 5, United 
States Code, is amended by striking ``September 30, 2011'' and 
inserting the date specified in section 106(3) of this Act.
  Sec. 125.  Notwithstanding any other provision of this Act, 
effective on the date of the enactment of this Act, of the 
unobligated balances remaining available to the Department of 
Energy pursuant to section 129 of the Continuing Appropriations 
Resolution, 2009 (division A of Public Law 110-329), 
$500,000,000 is rescinded, $774,000,000 is hereby transferred 
to and merged with ``Department of Homeland Security--Federal 
Emergency Management Agency--Disaster Relief'', and 
$226,000,000 is hereby transferred to and merged with ``Corps 
of Engineers-Civil--Flood Control and Coastal Emergencies'': 
Provided, That the amounts made available by this section for 
the Corps of Engineers-Civil shall be for emergency expenses 
for repair of damage caused by the storm and flood events 
occurring in 2011: Provided further, That the amounts 
transferred by this section shall remain available until 
expended:  Provided further, That each amount transferred by 
this section is designated as an emergency pursuant to section 
3(c)(1) of H. Res. 5 (112th Congress) and as an emergency 
requirement pursuant to section 403(a) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget for 
fiscal year 2010.
  Sec. 126. (a) Notwithstanding section 101, amounts are 
provided for ``Department of Homeland Security--Federal 
Emergency Management Agency--Disaster Relief'' at a rate for 
operations of $2,650,000,000: Provided, That the Secretary of 
Homeland Security shall provide a full accounting of disaster 
relief funding requirements for such account for fiscal year 
2012 not later than 15 days after the date of the enactment of 
this Act, and for fiscal year 2013 in conjunction with the 
submission of the President's budget request for fiscal year 
2013.
  (b) The accounting described in subsection (a) for each 
fiscal year shall include estimates of the following amounts:
          (1) The unobligated balance of funds in such account 
        that has been (or will be) carried over to such fiscal 
        year from prior fiscal years.
          (2) The unobligated balance of funds in such account 
        that will be carried over from such fiscal year to the 
        subsequent fiscal year.
          (3) The amount of the rolling average of non-
        catastrophic disasters, and the specific data used to 
        calculate such rolling average, for such fiscal year.
          (4) The amount that will be obligated each month for 
        catastrophic events, delineated by event and State, and 
        the total remaining funding that will be required after 
        such fiscal year for each such catastrophic event for 
        each State.
          (5) The amount of previously obligated funds that 
        will be recovered each month of such fiscal year.
          (6) The amount that will be required in such fiscal 
        year for emergencies, as defined in section 102(1) of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122(1)).
          (7) The amount that will be required in such fiscal 
        year for major disasters, as defined in section 102(2) 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122(2)).
          (8) The amount that will be required in such fiscal 
        year for fire management assistance grants, as defined 
        in section 420 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5187).
  Sec. 127.  Any funds made available pursuant to section 101 
for the Department of Homeland Security may be obligated at a 
rate for operations necessary to sustain essential security 
activities, such as: staffing levels of operational personnel; 
immigration enforcement and removal functions, including 
sustaining not less than necessary detention bed capacity; and 
United States Secret Service protective activities, including 
protective activities necessary to secure National Special 
Security Events. The Secretary of Homeland Security shall 
notify the Committees on Appropriations of the House of 
Representatives and the Senate on each use of the authority 
provided in this section.
  Sec. 128.  The authority provided by section 532 of Public 
Law 109-295 shall continue in effect through the date specified 
in section 106(3) of this Act.
  Sec. 129.  The authority provided by section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in 
effect through the date specified in section 106(3) of this 
Act.
  Sec. 130.  Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (6 U.S.C. 121 note) shall be 
applied by substituting the date specified in section 106(3) of 
this Act for ``October 4, 2011''.
  Sec. 131.  Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be 
applied by substituting the date specified in section 106(3) of 
this Act for ``September 30, 2011''.
  Sec. 132.  Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (42 U.S.C. 1701 
note), concerning Service First authorities, shall continue in 
effect through the date specified in section 106(3) of this 
Act.
  Sec. 133.  Notwithstanding section 101, section 1807 of 
Public Law 112-10 shall be applied by substituting 
``$374,743,000'' for ``$363,843,000'' and ``$10,900,000'' for 
``$3,000,000''.
  Sec. 134.  The second proviso of section 1801(a)(3) of Public 
Law 112-10 is amended by striking ``appropriation under this 
subparagraph'' and inserting ``appropriations made available by 
this Act''.
  Sec. 135.  Notwithstanding section 101, amounts are provided 
for ``Federal Mine Safety and Health Review Commission--
Salaries and Expenses'' at a rate for operations of 
$14,510,000.
  Sec. 136.  Sections 399AA(e), 399BB(g), and 399CC(f) of the 
Public Health Service Act (42 U.S.C. 280i(e), 280i-1(g), 280i-
2(f)) shall be applied by substituting the date specified in 
section 106(3) of this Act for ``September 30, 2011''.
  Sec. 137.  Notwithstanding section 101, section 2005 of 
division B of Public Law 112-10 shall be applied by 
substituting ``$0'' for each dollar amount.
  Sec. 138.  The Export-Import Bank Act of 1945 (12 U.S.C. 635 
et seq.) shall be applied by substituting the date specified in 
section 106(3) of this Act for ``September 30, 2011'' in 
section 7 of such Act of 1945.
  Sec. 139.  Section 209 of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6436) shall be applied by substituting 
the date specified in section 106(3) of this Act for 
``September 30, 2011''.
  Sec. 140.  Commitments to guarantee loans incurred under the 
General and Special Risk Insurance Funds, as authorized by 
sections 238 and 519 of the National Housing Act (12 U.S.C. 
1715z-3 and 1735c), shall not exceed a rate for operations of 
$25,000,000,000: Provided, That total loan principal, any part 
of which is to be guaranteed, may be apportioned through the 
date specified in section 106(3) of this Act, at $80,000,000 
multiplied by the number of days covered in this Act.
  Sec. 141. (a) Renewal of Import Restrictions Under Burmese 
Freedom and Democracy Act of 2003.--
          (1) In general.--Congress approves the renewal of the 
        import restrictions contained in section 3(a)(1) and 
        section 3A (b)(1) and (c)(1) of the Burmese Freedom and 
        Democracy Act of 2003.
          (2) Rule of construction.--This section shall be 
        deemed to be a ``renewal resolution'' for purposes of 
        section 9 of the Burmese Freedom and Democracy Act of 
        2003.
  (b) PAYGO Compliance.--The budgetary effects of this section, 
for the purpose of complying with the Statutory Pay-As-You-Go 
Act of 2010, shall be determined by reference to the latest 
statement titled ``Budgetary Effects of PAYGO Legislation'' for 
this section, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided 
that such statement has been submitted prior to the vote on 
passage.
  (c) Effective Date.--This section shall take effect on July 
26, 2011.
  (d) Applicability.--This section shall not be subject to any 
other provision of this Act.
   This Act may be cited as the ``Continuing Appropriations 
Act, 2012''.

                       PART B--TEXT OF AMENDMENT

  At the end of the matter proposed to be inserted by the House 
amendment, before the short title, insert the following:

  Sec. 142.  Effective on the date of the enactment of this 
Act, of the unobligated balances remaining available for 
``Department of Energy--Energy Programs--Title 17-Innovative 
Technology Loan Guarantee Program'' pursuant to title IV of 
division A of Public Law 111-5, $100,000,000 is rescinded.

                                  
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