[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 59 Introduced in House (IH)]
113th CONGRESS
1st Session
H. J. RES. 59
Making continuing appropriations for fiscal year 2014, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2013
Mr. Rogers of Kentucky introduced the following joint resolution; which
was referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for fiscal year 2014, and for other
purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, 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 2014, 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 2013 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 joint resolution, that were conducted in fiscal year 2013,
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, 2013
(division A of Public Law 113-6).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 (division B of Public Law 113-6).
(3) The Department of Defense Appropriations Act, 2013
(division C of Public Law 113-6).
(4) The Department of Homeland Security Appropriations Act,
2013 (division D of Public Law 113-6).
(5) The Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2013 (division E of Public
Law 113-6).
(6) The Full-Year Continuing Appropriations Act, 2013
(division F of Public Law 113-6).
(b) The rate for operations provided by subsection (a) for each
account shall be calculated to reflect the full amount of any reduction
required in fiscal year 2013 pursuant to--
(1) any provision of division G of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6),
including section 3004; and
(2) the Presidential sequestration order dated March 1,
2013, except as attributable to budget authority made available
by--
(A) sections 140(b) or 141(b) of the Continuing
Appropriations Resolution, 2013 (Public Law 112-175);
or
(B) the Disaster Relief Appropriations Act, 2013
(Public Law 113-2).
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 2013 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2013 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 2013.
(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 2013.
Sec. 105. Appropriations made and authority granted pursuant to
this joint resolution 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
joint resolution.
Sec. 106. Unless otherwise provided for in this joint resolution
or in the applicable appropriations Act for fiscal year 2014,
appropriations and funds made available and authority granted pursuant
to this joint resolution 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 joint resolution; (2)
the enactment into law of the applicable appropriations Act for fiscal
year 2014 without any provision for such project or activity; or (3)
December 15, 2013.
Sec. 107. Expenditures made pursuant to this joint resolution
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 joint resolution 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 joint resolution may be construed to waive
any other provision of law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, 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 2014 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 joint resolution that would impinge on final funding
prerogatives.
Sec. 110. This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution 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
2013, 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 2013, 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
2013 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 2013, 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 joint resolution 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.
3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this joint
resolution that was previously 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 or as being for disaster relief pursuant to section
251(b)(2)(D) of such Act is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act, respectively.
(b) Of the amount made available by section 101 for ``Social
Security Administration--Limitation on Administrative Expenses'',
$470,638,000 is additional new budget authority specified for purposes
of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Section 5 of Public Law 113-6 shall apply to amounts designated
in subsection (a) for Overseas Contingency Operations/Global War on
Terrorism.
Sec. 115. Section 3003 of division G of Public Law 113-6 shall be
applied to funds appropriated by this joint resolution by substituting
``fiscal year 2014'' for ``fiscal year 2013'' each place it appears.
Sec. 116. Section 408 of the Food for Peace Act (7 U.S.C. 1736b)
shall be applied by substituting the date specified in section 106(3)
of this joint resolution for ``December 31, 2012''.
Sec. 117. Amounts made available under section 101 for
``Department of Commerce--National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction'' may be
apportioned up to the rate for operations necessary to maintain the
planned launch schedules for the Joint Polar Satellite System and the
Geostationary Operational Environmental Satellite system.
Sec. 118. The authority provided by section 1206 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81)
shall continue in effect, notwithstanding subsection (h) of such
section, through the earlier of the date specified in section 106(3) of
this joint resolution or the date of the enactment of an Act
authorizing appropriations for fiscal year 2014 for military activities
of the Department of Defense.
Sec. 119. Section 14704 of title 40, United States Code, shall be
applied to amounts made available by this joint resolution by
substituting the date specified in section 106(3) of this joint
resolution for ``October 1, 2012''.
Sec. 120. Notwithstanding any other provision of this joint
resolution, 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. 2786 (113th 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 2014 Budget
Request Act of 2013 (D.C. Act 20-127), as modified as of the date of
the enactment of this joint resolution.
Sec. 121. Notwithstanding section 101, amounts are provided for
``The Judiciary--Courts of Appeals, District Courts, and Other Judicial
Services--Defender Services'' at a rate for operations of
$1,012,000,000.
Sec. 122. For the period covered by this joint resolution, section
550(b) of Public Law 109-295 (6 U.S.C. 121 note) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``October 4, 2013''.
Sec. 123. 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 joint resolution.
Sec. 124. 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 joint resolution.
Sec. 125. (a) Any amounts made available pursuant to section 101
for ``Department of Homeland Security--U.S. Customs and Border
Protection--Salaries and Expenses'', ``Department of Homeland
Security--U.S. Customs and Border Protection--Border Security Fencing,
Infrastructure, and Technology'', and ``Department of Homeland
Security--U.S. Immigration and Customs Enforcement--Salaries and
Expenses'' shall be obligated at a rate for operations as necessary to
respectively--
(1) sustain the staffing levels of U.S. Customs and Border
Protection Officers, equivalent to the staffing levels achieved
on September 30, 2013, and comply with the last proviso under
the heading ``Department of Homeland Security--U.S. Customs and
Border Protection--Salaries and Expenses'' in division D of
Public Law 113-6;
(2) sustain border security operations, including
sustaining the operation of Tethered Aerostat Radar Systems;
and
(3) sustain the staffing levels of U.S. Immigration and
Customs Enforcement agents, equivalent to the staffing levels
achieved on September 30, 2013, and comply with the sixth
proviso under the heading ``Department of Homeland Security--
U.S. Immigration and Customs Enforcement--Salaries and
Expenses'' in division D of Public Law 113-6.
(b) 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. 126. In addition to the amount otherwise provided by section
101 for ``Department of the Interior--Department-wide Programs--
Wildland Fire Management'', there is appropriated $36,000,000 for an
additional amount for fiscal year 2014, to remain available until
expended, for urgent wildland fire suppression activities: Provided,
That of the funds provided, $15,000,000 is for burned area
rehabilitation: Provided further, That such funds shall only become
available if funds previously provided for wildland fire suppression
will be exhausted imminently and the Secretary of the Interior notifies
the Committees on Appropriations of the House of Representatives and
the Senate in writing of the need for these additional funds: Provided
further, That such funds are also available for transfer to other
appropriations accounts to repay amounts previously transferred for
wildfire suppression.
Sec. 127. In addition to the amount otherwise provided by section
101 for ``Department of Agriculture--Forest Service--Wildland Fire
Management'', there is appropriated $600,000,000 for an additional
amount for fiscal year 2014, to remain available until expended, for
urgent wildland fire suppression activities: Provided, That such funds
shall only become available if funds previously provided for wildland
fire suppression will be exhausted imminently and the Secretary of
Agriculture notifies the Committees on Appropriations of the House of
Representatives and the Senate in writing of the need for these
additional funds: Provided further, That such funds are also available
for transfer to other appropriations accounts to repay amounts
previously transferred for wildfire suppression.
Sec. 128. The authority provided by section 347 of the Department
of the Interior and Related Agencies Appropriations Act, 1999 (as
contained in section 101(e) of division A of Public Law 105-277; 16
U.S.C. 2104 note) shall continue in effect through the date specified
in section 106(3) of this joint resolution.
Sec. 129. Activities authorized under part A of title IV and
section 1108(b) of the Social Security Act (except for activities
authorized in sections 403(b) and 413(h)) shall continue through the
date specified in section 106(3) of this joint resolution in the manner
authorized for fiscal year 2013, 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.
Sec. 130. Notwithstanding section 101, the matter under the
heading ``Department of Labor--Mine Safety and Health Administration--
Salaries and Expenses'' in division F of Public Law 112-74 shall be
applied to funds appropriated by this joint resolution by substituting
``is authorized to collect and retain up to $2,499,000'' for ``may
retain up to $1,499,000''.
Sec. 131. The first proviso under the heading ``Department of
Health and Human Services--Administration for Children and Families--
Low Income Home Energy Assistance'' in division F of Public Law 112-74
shall be applied to amounts made available by this joint resolution by
substituting ``2014'' for ``2012''.
Sec. 132. Amounts provided by section 101 for ``Department of
Health and Human Services--Administration for Children and Families--
Refugee and Entrant Assistance'' may be obligated up to a rate for
operations necessary to maintain program operations at the level
provided in fiscal year 2013, as necessary to accommodate increased
demand.
Sec. 133. (a) During the period covered by this joint resolution,
any unobligated amounts available in the ``Nonrecurring expenses fund''
established in section 223 of division G of Public Law 110-161 (42
U.S.C. 3514a) may be transferred to ``Department of Health and Human
Services--Office of the Secretary--Public Health and Social Services
Emergency Fund'' for an additional amount for fiscal year 2014, to
remain available until expended, for expenses necessary--
(1) to support advanced research and development pursuant
to section 319L of the Public Health Service Act (42 U.S.C.
247d-7e), and other administrative expenses of the Biomedical
Advanced Research and Development Agency;
(2) for procuring security countermeasures (as defined in
section 319F-2(c)(1)(B) of the Public Health Service Act (42
U.S.C. 247d-6b(c)(1)(B))); or
(3) to prepare for and respond to an influenza pandemic and
other emerging infectious diseases, including activities such
as the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools.
(b) Products purchased with amounts made available by this joint
resolution for ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Services Emergency Fund'' may, at
the discretion of the Secretary, be deposited in the Strategic National
Stockpile pursuant to section 319F-2 of the Public Health Service Act
(42 U.S.C. 247d-6b).
Sec. 134. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to Bonnie Englebardt
Lautenberg, widow of Frank R. Lautenberg, late a Senator from New
Jersey, $174,000.
Sec. 135. Notwithstanding section 101, amounts are provided for
``Department of Veterans Affairs--Departmental Administration--General
Operating Expenses, Veterans Benefits Administration'' at a rate for
operations of $2,455,490,000.
Sec. 136. The authority provided by the penultimate proviso under
the heading ``Department of Housing and Urban Development--Rental
Assistance Demonstration'' in division C of Public Law 112-55 shall
continue in effect through the date specified in section 106(3) of this
joint resolution.
This joint resolution may be cited as the ``Continuing
Appropriations Resolution, 2014''.
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