[House Report 112-212]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-212
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
2608) TO PROVIDE FOR AN ADDITIONAL TEMPORARY EXTENSION OF PROGRAMS
UNDER THE SMALL BUSINESS ACT AND THE SMALL BUSINESS INVESTMENT ACT OF
1958, AND FOR OTHER PURPOSES
_______
September 20, 2011.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 405]
The Committee on Rules, having had under consideration
House Resolution 405, by a record vote of 7 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 2608,
the Small Business Program Extension and Reform Act of 2011,
and the Senate amendment thereto. The resolution makes in order
a motion offered by the chair of the Committee on
Appropriations that the House concur in the Senate amendment to
the bill with the amendment printed in this report. The
resolution waives all points of order against consideration of
the motion. The resolution provides that the Senate amendment
and the motion shall be considered as read. The resolution
provides for one hour of debate on the motion equally divided
and controlled by the chair and ranking minority member of the
Committee on Appropriations. Finally, the resolution provides
that H. Res. 399 is laid on the table.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion includes waivers of: Section 302(f) of the
Congressional Budget Act, which prohibits consideration of
legislation providing new budget authority in excess of a
subcommittee's 302(b) allocation of such authority; Section
311(a) of the Congressional Budget Act, which prohibits
consideration of legislation or an amendment that would cause
the total level of new budget authority or outlays in the most
recent budget resolution to be exceeded, or would cause
revenues to be less; Section 306 of the Congressional Budget
Act, which prohibits consideration of legislation within the
Budget 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. 129
Motion by Mr. Sessions to report a rule providing for the
disposition of the Senate amendment to H.R. 2608. Adopted: 7-2.
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Yea Ms. Slaughter..................... Nay
Ms. Foxx........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Bishop of Utah.............................. Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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SUMMARY OF AMENDMENT
Rogers, Harold (KY): The amendment in the nature of a
substitute is virtually identical to H.J. Res. 79, the
Continuing Appropriations Resolution, 2012, as introduced with
the following modifications: the across-the-board reduction
that ensures consistency with the total discretionary spending
caps in the Budget Control Act of 2011 has been modified from
1.409% to 1.503%, due to scoring change made after the
introduction of H.J. Res. 79 (this modification was previously
included in H. Rept. 112-207); clarifies that the across-the-
board cut should be applied to the amounts provided for
discretionary advance appropriations, rather than to the ``rate
for operations'' for advance appropriations to ensure that the
Office of Management and Budget apportions the advance
appropriations consistent with program requirements; and, cross
references to ``Act'' rather than ``joint resolution.''
TEXT OF AMENDMENT
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2012, and
for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2011 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees) that
are not otherwise specifically provided for in this Act, that
were conducted in fiscal year 2011, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Department of Defense Appropriations Act,
2011 (division A of Public Law 112-10).
(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''.