H.R. 2017 (112th): Continuing Appropriations Act, 2012

Introduced:
May 26, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Robert Aderholt [R-AL4]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-33.
See Instead:

H.R. 2608 (same title)
Signed by the President — Oct 05, 2011

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


9/30/2011. Makes continuing appropriations for FY2012.
Section 101 -
Makes appropriations for continuing operations, projects, or activities which were conducted in FY2011 and for which appropriations, funds, or other authority were made available in: (1) the Department of Defense Appropriations Act, 2011 (division A of Public Law 112-10); and (2) the Full-Year Continuing Appropriations Act, 2011 (division B of Public Law 112-10). Reduces the rate for operations by 1.503%.
Section 102 -
Prohibits the use of appropriations, funds, or authority granted under this Act for the Department of Defense (DOD) for:
(1) new production of items not funded for production in FY2011 or prior years;
(2) the increase in production rates above those sustained with FY2011 funds; or
(3) the initiation, resumption, or continuation of any project, activity, operation, or organization for which appropriations, funds, or other authority were not available during FY2011. Bars the use of DOD appropriations, funds, or authority granted under this Act to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.
Section 104 -
Prohibits the use of appropriations, funds, or authority granted by this Act to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during FY2011.
Section 106 -
Provides funding under this Act until whichever of the following first occurs: (1) enactment of an appropriation for any project or activity provided for in this Act; (2) enactment of the applicable appropriations Act for FY2012 without any provision for such project or activity; or (3) October 4, 2011.
Section 111 -
Continues through October 4, 2011, certain activities for entitlements and other mandatory payments whose budget authority was provided in FY2011 appropriations Acts, and for activities under the Food and Nutrition Act of 2008. Declares that, notwithstanding such date, funds shall be available and obligations for mandatory payments due on or about the first day of any month after October 2011 but within 30 days after October 4, 2011.
Section 112 -
Authorizes apportionment of amounts made available under this Act for federal civilian personnel compensation and benefits up to the rate for operations necessary to avoid furloughs within a department or agency. Prohibits the use of such authority until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
Section 114 -
Designates specified funds for Overseas Contingency Operations/Global War on Terrorism, but only if the President subsequently makes such a designation and notifies Congress. Exempts from such requirement amounts for the Department of Justice (DOJ), Federal Bureau of Investigation (FBI) for salaries and expenses.
Section 115 -
Requires discretionary amounts appropriated for FY2012 provided in advance by appropriations Acts to be available in the amounts provided in such Acts, reduced by 1.503%.
Section 116 -
Authorizes the Secretary of Defense to use through October 4, 2011, certain amounts for operations and activities of the Office of Security Cooperation in Iraq and security assistance teams.
Section 117 -
Makes certain funds available for Overseas Contingency Operations at a rate for operations permitted by the Department of Defense Appropriations Act, 2012 as passed by the House of Representatives on July 8, 2011.
Section 118 -
Continues through October 4, 2011, DOD authority to pay monetary rewards for the provision to U.S. government personnel of information or nonlethal assistance beneficial to an operation, activity, or force protection for U.S. Armed Forces.
Section 119 -
Continues through October 4, 2011, DOD authority to use acquisition and cross-servicing agreements to lend certain military equipment to foreign forces in Iraq and Afghanistan for personnel protection and survivability purposes.
Section 120 -
Provides amounts at a specified rate for operations for the Defense Nuclear Facilities Safety Board for salaries and expenses.
Section 121 -
Authorizes the District of Columbia to expend local funds for programs and activities, subject to specified conditions.
Section 122 -
Provides amounts at a specified rate for operations for necessary expenses of the Recovery Accountability and Transparency Board to carry out its functions under the American Recovery and Reinvestment Act of 2009.
Section 123 -
Continues through October 4, 2011, the authority of the Small Business Administration (SBA) to carry out: (1) the Small Business Innovation Research (SBIR) Program, (2) the Small Business Technology Transfer Program, and (3) the Commercialization Pilot Program.
Section 124 -
Extends through October 4, 2011, the requirement that the U.S. Postal Service pay $5.5 billion into the Postal Service Retiree Health Benefits Fund.
Section 125 -
Provides amounts at a specified rate for operations to the Federal Emergency Management Agency (FEMA) for disaster relief. Requires the Secretary of Homeland Security (DHS) to provide a full accounting of disaster relief funding requirements for FY2012 and FY2013, including specified estimates.
Section 126 -
Authorizes the obligation of any DHS funds made available pursuant to this Act at a rate for operations necessary to sustain essential security activities.
Section 127 -
Continues through October 4, 2011, U.S. Secret Service authority to use proceeds derived from undercover criminal investigations for such operations.
Section 128 -
Continues through October 4, 2011, DHS authority to carry out basic, applied, and advanced research and development projects.
Section 129 -
Continues through October 4, 2011, DHS issued interim final regulations establishing risk-based performance standards.
Section 130 -
Continues through October 4, 2011, the authority of the Administrator of FEMA to issue notes or other obligations to the Secretary of the Treasury to carry out the flood insurance program.
Section 131 -
Continues through October 4, 2011, the authorities of Service First (a partnership authority among the Bureau of Land Management [BLM], the Forest Service, the National Park Service, and the U.S. Fish and Wildlife Service).
Section 132 -
Increases appropriations for salaries and expenses in the Mine Safety and Health Administration of the Department of Labor.
Section 134 -
Provides amounts at a specified rate for operations for the Federal Mine Safety and Health Review Commission for salaries and expenses.
Section 135 -
Continues through October 4, 2011 the authority of the Secretary of Health and Human Services (HHS) with respect to: (1) autism spectrum disorder and other developmental disabilities; and (2) autism education, early detection, and intervention. Continues through such date the Interagency Autism Coordinating Committee.
Section 136 -
Eliminates certain FY2011 appropriations for military construction for the Army, the Air Force, and defense-wide.
Section 137 -
Extends through October 4, 2011, the authority of the Export-Import Bank of the United States to provide financing for the export of nonlethal articles or services meant primarily for civilian purposes.
Section 138 -
Continues through October 4, 2011, the Commission on International Religious Freedom.
Section 139 -
Limits to a specified rate of operations any commitments to guarantee loans incurred under the General and Special Risk Insurance Funds authorized under the National Housing Act.
Section 140 -
Approves the renewal of certain import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and deems this Act a renewal resolution under such Act.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/1/hr2017.

Summary

According to CBO, H.R. 2017 would provide $40.85 billion in general purpose discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2012.  When $258 million in emergency budget authority for the Coast Guard’s effort to support the global war on terror (GWOT) is excluded, the bill provides $40.6 billion in budget authority for DHS.  According to CBO, general purpose discretionary budget authority in the bill would be $2.72 billion or 6.3 percent below the President’s request.  Funding authority in the bill would be $811 million or 2 percent below FY 2011 funding levels contained in H.R. 1473, the Department of Defense and Full-Year Continuing Appropriations Act of 2011.  H.R. 2017 would contribute to an overall level of discretionary budget authority of $1.019 trillion for FY 2012, a reduction of $30.3 billion below FY 2011.

H.R. 2017 would provide funding for a number of agencies, including the Secret Service, U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), Immigration and Customs Enforcement (ICE), the Coast Guard, and the Federal Emergency Management Agency (FEMA). The following is a summary of the spending highlights and other provisions in the bill.

General Purpose Discretionary Budget Authority
(According to CBO, including GWOT funding, in millions) 


FY 2011 Enacted (CBO’s score of H.R. 1473)

President's Request

H.R. 2017

Change From FY 2011

Change From Request

Percentage Change from 2011

Percentage Change From Request

DHS Budget Authority

41,661

43,577

40,850

-811

-2,727

-1.9%

-6.3%

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

H.R. 2017 provides a total of $1.1 billion in budget authority for DHS management and operations.  The funding total for this title is approximately $300 million or 20 percent below the President’s request.  

Office of the Secretary:  Provides $127 million for the Office of the Secretary of Homeland Security, which is a reduction of $16 million or 11 percent below the President’s request.                                                       

Undersecretary for Management:  Provides $235 million for the Undersecretary for Management of DHS, which is $14 million or 6 percent below the President’s request.  The undersecretary provides administrative support and human resources services for DHS.

Chief Financial Officer:  Provides $51 million for the Chief Financial Officer of DHS, which is $11 million or 18 percent below the President’s request.                                                 

Chief Information Officer:  Provides $261 million for the Chief Information Officer of DHS, which is $17 million or 6 percent below the President’s request, to oversee all DHS information technology.

Analysis and Operations:  Provides $344 million for DHS Analysis and Operations, which is $11 million or 3 percent below the President’s request.  This provides funding for the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which collect and evaluate intelligence information.

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection Expenses:  Provides a total of $8.77 billion for U.S. Customs and Border Protection (CBP) salaries and expenses, which is $44 million or less than one percent above the President’s budget request.  CBP is responsible for preventing and deterring threats along U.S. borders or at ports.  The CBP’s main focus is stopping terrorists, weapons, drugs, or other contraband from entering the U.S.  Funding for salaries and expenses supports border security administration, inspections, cargo screening, detection technology, border security staff, and training.  CBP received $8.18 billion for salaries and expense in FY 2011.

In addition to $8.7 billion for salaries and expense, the bill provides funding for other CBP programs as follows:

  • $334 million for Automation Modernization to update information technologies, $30 million or 8 percent below the President’s request.
  • $500 million for Border Fencing, Infrastructure, and Technology, $28 million or 5 percent below the President’s request.
  • $500 million for Air and Marine Border Protection, $29 million or 6 percent above the President’s request.
  • $234 million for CBP facilities management, $50 million or 17 percent below the President’s request.

Immigration and Customs Enforcement:  Provides a total of $5.5 billion for Immigration and Customs Enforcement (ICE) salaries and expenses, which is $25 million or less than 1 percent below the President’s request.  ICE is the lead federal agency responsible for immigration and customs law and enforcement.  The bill provides $24 million for ICE automation modernization and removes a rescission of $16 million from ICE construction.  In total, the bill would provide $5.46 billion for ICE, $51 million above the President’s request.

Transportation Security Administration:  Provides $3.19 billion for Transportation Security Administration (TSA) Aviation Security, which is an increase of $104 million or 3.4 percent above the President’s request.  The funding provides for screening personnel, training and equipment.

In addition to aviation security, the bill provides funding for other transportation security programs as follows:

  • $130 million for Surface Transportation Security, $5 million or 3 percent below the President’s request.
  • $184 million for Transportation Threat Assessment, the same amount as the President’s request.
  • $1.03 billion for Transportation Security Support, $81 million 7 percent below the President’s request.
  • $961 million for Federal Air Marshals, $30 million or 3 percent below the President’s request.

Coast Guard Expenses:  Provides $6.47 billion for the U.S. Coast Guard's nondefense operating expenses, which is $7 million or less than 1 percent below the President’s request.  Funding for salaries and expenses provides for Coast Guard administration, pay and allowance, health care, recruitment, maintenance, training, and ongoing operations.

In addition to operating expenses, the bill provides funding for other Coast Guard programs as follows:

  • $258 million in emergency funding for the Coast Guard’s support of the global war on terrorism as part of the recommended level instead of assuming a transfer, as was requested, from the Department of Defense.
  • $10 million for Coast Guard Environmental Compliance and Restoration, $7 million or 41 percent below the President’s request.
  • $132 million for Coast Guard Reserve Training, $5 million or 4 percent below the President’s request.
  • $1.152 billion for Coast Guard Acquisition, Construction, and Improvements, $270 million or 20 percent below the President’s request.
  • $12 million for Coast Guard research, development, tests, and evaluations, $7 million or 37 percent below the President’s request.

Secret Service:  Provides $1.66 billion for Secret Service salaries and expenses, which is $26 million or 1 percent below the President’s request. In addition, the bill provides $7 million for acquisition and construction, which is identical to the President’s request.

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Infrastructure Protection and Information Security:  Provides $891 million for Infrastructure Protection and Information Security (IPIS), $45 million or 5 percent below the President’s request.  The IPIS works within the DHS to reduce infrastructure vulnerability and oversees the National Cyber Security Division.

US Visitor and Immigrant Status Indicator Technology:  Provides $297 million for the U.S. Visitor and Immigrant Status Indicator Technology program, U.S.-VISIT, which is an increase of $21 million or 8 percent above the President’s request.  The program attempts to encourage and facilitate travel and trade.

Federal Emergency Management Agency, Management and Administration:  Provides $608 million for the nondefense Federal Emergency Management Agency (FEMA) management and administration, which is $108 million or 15 percent below the President’s request.  

FEMA State and Local Programs:  Provides $1 billion for FEMA State and Local Assistance and Grant Programs, which is $1.8 billion or 64 percent below the President’s request.

Firefighter Assistance Grants:  Provides $315 million for Firefighter Assistance Grants that are provided to local fire departments, which is $355 million or 53 percent below the President’s request.  The program received $210 million in supplemental appropriations from the “stimulus” bill.

Emergency Management Performance Grants:  Provides $315 million for the Emergency Management Performance Grant (EMPG) program, which is $35 million below the President’s request.  The program provides State and local grants for disaster mitigation and preparedness programs.  The program is the only FEMA grant program that requires matching funds from State and local governments.

Disaster Relief Fund:  Provides $2.52 billion for FEMA disaster relief funding, which is an increase of $728 million or 40 percent above the President’s request   According to the House Appropriations Committee, the bill adds funding for FEMA’s disaster relief programs, “offset by funding reductions from the under-performing Advanced Technology Vehicles Manufacturing Loan Program at the Department of Energy.  The additional FEMA funds are necessary to continue to respond to devastating natural disasters—including the recent tornados and flooding in the Midwest and South.  In contrast, the vehicle loan program at DOE currently has $4.2 billion in unspent funding that has been available since 2008—including at least $2 billion more than the program applicants have applied for.” 

Flood Map Modernization Fund:  Provides $103 million, the same amount as the President’s request, to assist in the modernization of over 100,000 of the nation's flood maps, which are used to calculate risk-based premiums for the National Flood Insurance Program. 

Emergency Food and Shelter:  Provides $120 million, for FEMA’s Emergency Food and Shelter National Board Program, which is $20 million or 20 percent above the President’s request.

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

U.S. Citizenship and Immigration Services:  Provides $132 million for U.S. Citizenship and Immigration Services, which is $237 or 64 percent below the President’s request.

Federal Law Enforcement Training Center:  Provides $239 million for the Federal Law Enforcement Training Center, which identical to the President’s request.  The bill also provides an additional $35 million for Federal Law Enforcement Training Center construction, which is $2 million or 5 percent below the President’s request.

DHS Science and Development:  Provides $539 million for DHS research, development, and acquisitions, which is $637 million or 54 percent below the President’s request.  In addition, the bill appropriates $40 million for DHS science and technology spending, which is $1 million below the President’s request.

Nuclear Detection:  Provides $40 million for the Domestic Nuclear Detection Office, which is $1 million below the President’s request, and $245 million for Nuclear Detection research and development, which is $39 million or 19 percent above the President’s request.

SUMMARY TABLE

The following table shows discretionary budget authority in the bill as scored by CBO.  The table does not include every account funded in the bill, but rather a list of notable accounts.  In addition, the table does not necessarily include transfers of funds between inter-agency accounts. Thus, at times the scoring in the table differs slightly from the tables contained in House Report 112-91, which accompanies the bill.  Title totals are taken from CBO and reflect the total amount of budget authority in a given title and not the cumulative total of the accounts included in the table.  In some cases, scoring for this year’s Continuing Resolution (H.R. 1473)—which was used to calculate FY 2011 totals—was not available by title.  

 

General Purpose Discretionary Budget Authority by Program Accounts
(According to CBO, in Millions) 

Program

FY 2011 - CBO’s Score H.R. 1473

President's Request

H.R. 2017

Change From FY 2011

Change From Request

% Change from 2011

% Change From Request

Title I - Management and Operations

Office of the Secretary

137

143

127

-10

-16

-7.3%

-11.2%

Undersecretary for Management

240

249

235

-5

-14

-2.1%

-5.6%

Chief Financial Officer

53

62

51

-2

-11

-3.8%

-17.7%

Chief Information Officer

333

278

261

-72

-17

-21.6%

-6.1%

Analysis and Operations

335

355

344

9

-11

2.7%

-3.1%

Inspector General

130

144

124

-6

-20

-4.6%

-13.9%

Total for Management and Operations

1,171

1,446

1,158

-13

-288

-1.1%

-19.9%

Title II - Security, Enforcement, and Investigations

US Customs and Border Protection Salaries and Expenses

8,183

8,726

8,770

587

44

7.2%

0.5%

Customs Automotion Modernization

327

364

334

7

-30

2.1%

-8.2%

Border Fencing, Infrastructure, and Technology

445

528

500

55

-28

12.4%

-5.3%

Air and Marine Border Protection

516

471

500

-16

29

-3.1%

6.2%

Customs Facilities Management

260

284

234

-26

-50

-10.0%

-17.6%

ICE Salaries and Expenses

5,430

5,497

5,522

92

25

1.7%

0.5%

ICE Automation modernization

64

14

24

-40

10

-62.5%

71.4%

ICE Construction

-10

-16

0

10

16

-100.0%

-100.0%

TSA Aviation Security

3,104

3,091

3,195

91

104

2.9%

3.4%

Surface Transportation Security

106

135

130

24

-5

22.6%

-3.7%

Transportation Threat Assessment

163

184

184

21

0

12.9%

0.0%

Transportation Security Support

989

1,114

1,033

44

-81

4.4%

-7.3%

Federal Air Marshals

928

991

961

33

-30

3.6%

-3.0%

Coast Guard Operating Expenses

6,274

6,480

6,473

199

-7

3.2%

-0.1%

Coast Guard Environmental Compliance and Restoration

13

17

10

-3

-7

-23.1%

-41.2%

Coast Guard Reserve Training

134

137

132

-2

-5

-1.5%

-3.6%

Coast Guard Acquisition, Construction, and Improvements

1,500

1,422

1,152

-348

-270

-23.2%

-19.0%

Coast Guard Research, Development, Test, and Evaluation

24

19

12

-12

-7

-50.0%

-36.8%

US Secret Service Salaries and Expenses

1,513

1,692

1,666

153

-26

10.1%

-1.5%

Secret Service Acquisition and Construction

4

7

7

3

0

75.0%

0.0%

Total for Management and Operations Security, Enforcement, and Investigations

N/A

33,200

33,140

N/A

-60

N/A

-0.2%

Title III - Protect, Preparedness, Response and Recovery

National Protection and Programs Directorate Management

44

55

43

-1

-12

-2.3%

-21.8%

Infrastructure Protection and Information Security

823

936

891

68

-45

8.3%

-4.8%

US Visitor and Immigrant Status Indicator Technology

302

276

297

-5

21

-1.7%

7.6%

Office of Health Affairs (OHA)

139

161

166

27

5

19.4%

3.1%

FEMA Management and Administration

965

716

608

-357

-108

-37.0%

-15.1%

FEMA Management and Administration Defense Function

104

99

99

-5

0

-4.8%

0.0%

FEMA State and local programs

2,109

2,825

1,000

-1109

-1,825

-52.6%

-64.6%

FEMA Firefighter Assistance Grants

763

670

315

-448

-355

-58.7%

-53.0%

US Fire Administration and Training

46

43

43

-3

0

-6.5%

0.0%

FEMA Disaster Relief

2,528

1,800

2,528

0

728

0.0%

40.4%

Flood Map Modernization Fund

182

103

103

-79

0

-43.4%

0.0%

Emergency Food and Shelter

120

100

120

0

20

0.0%

20.0%

Protect, Preparedness, Response and Recovery Total

N/A

8219

6744

N/A

-1,475

N/A

-17.9%

TITLE IV - Research and Development, Training and Services

US Citizenship and Immigration Services

126

369

132

6

-237

4.8%

-64.2%

Federal Law Enforcement Training Center

236

239

239

3

0

1.3%

0.0%

Federal Law Enforcement Training Center Construction

35

37

35

0

-2

0.0%

-5.4%

DHS Science and Technology Administration

768

1,176

539

-229

-637

-29.8%

-54.2%

Domestic Nuclear Detection Office Management

37

41

40

3

-1

8.1%

-2.4%

Nuclear Detection Research and Development

264

206

245

-19

39

-7.2%

18.9%

Research and Development, Training and Services Total

N/A

2152

1282

N/A

-870

N/A

-40.4%

Title V - General Provisions Including Rescissions of Funds

General Provisions Including Rescissions of Funds Total

N/A

0

-34

N/A

-34

N/A

0.0%

Total Discretionary Budget Authority

41,661

43,577

40,850

-811

-2,727

-1.9%

-6.3%

 

Cost

According to CBO H.R. 2017 would provide $40.85 billion in general purpose discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2012.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 120 Stat. 2412
  • 122 Stat. 4623