[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[House]
[Pages H5949-H5956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTINUING APPROPRIATIONS RESOLUTION, 2013
Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to the rule adopted
earlier today, I call up the joint resolution (H.J. Res. 117) making
continuing appropriations for fiscal year 2013, and for other purposes,
and ask for its immediate consideration.
The Clerk read the title of the joint resolution.
The SPEAKER pro tempore. Pursuant to House Resolution 778, the joint
resolution is considered read.
The text of the joint resolution is as follows:
H.J. Res. 117
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
2013, 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 2012 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
2012, and for which appropriations, funds, or other authority
were made available in the following appropriations Acts:
[[Page H5950]]
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), except for the
appropriations designated by the Congress as being for
disaster relief in section 735 of such Act.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-55),
except for the appropriation designated by the Congress as
being for disaster relief in the second paragraph under the
heading ``Department of Commerce--Economic Development
Administration--Economic Development Assistance Programs'' in
such Act.
(3) The Department of Defense Appropriations Act, 2012
(division A of Public Law 112-74).
(4) The Energy and Water Development Appropriations Act,
2012 (division B of Public Law 112-74).
(5) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(6) The Department of Homeland Security Appropriations Act,
2012 (division D of Public Law 112-74).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of
Public Law 112-74).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(9) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(10) The Military Construction and Veterans Affairs and
Related Agencies Appropriations Act, 2012 (division H of
Public Law 112-74).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74).
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of
Public Law 112-55), except for the appropriations designated
by the Congress as being for disaster relief under the
heading ``Department of Transportation--Federal Highway
Administration--Emergency Relief'' and in the last proviso of
section 239 of such Act.
(13) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers-Civil''.
(b) Whenever an amount designated 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 (in this section referred to as an ``OCO/
GWOT amount'') in an Act described in paragraph (3) or (10)
of subsection (a) that would be made available for a project
or activity is different from the amount requested in the
President's fiscal year 2013 budget request, the project or
activity shall be continued at a rate for operations that
would be permitted by, and such designation shall be applied
to, the amount in the President's fiscal year 2013 budget
request.
(c) The rate for operations provided by subsection (a) is
hereby increased by 0.612 percent. Such increase shall not
apply to OCO/GWOT amounts or to amounts incorporated in this
joint resolution by reference to the Disaster Relief
Appropriations Act, 2012 (Public Law 112-77).
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 2012 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2012 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 2012.
(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 2012.
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 2013, 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 2013 without any provision for such project or
activity; or (3) March 27, 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 2013 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 2012, 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 2012, 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 2012 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 2012, 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.
414(a)(1)).
Sec. 114. (a) Section 147 of Public Law 111-242, as added
by Public Law 111-322, shall be applied by substituting the
date specified in section 106(3) of this joint resolution for
``December 31, 2012'' each place it appears.
(b) Notwithstanding any other provision of law, any
statutory pay adjustment (as defined in section 147(b)(2) of
the Continuing Appropriations Act, 2011 (Public Law 111-242))
otherwise scheduled to take effect during fiscal year 2013
but prior to the date specified in section 106(3) of this
joint resolution may take effect on the first day of the
first applicable pay period beginning after the date
specified in section 106(3).
Sec. 115. (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'', $483,484,000 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 112-74 shall apply to amounts
designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.
Sec. 116. (a) Not later than 30 days after the date of the
enactment of this joint resolution, each department and
agency in subsection (c) shall submit to the Committees on
Appropriations of the House of Representatives and the
Senate, for the period through the date specified in section
106(3) of this joint resolution, a spending, expenditure, or
operating plan--
[[Page H5951]]
(1) at the program, project, or activity level (or, for
national intelligence programs funded in the Department of
Defense Appropriations Act, at the expenditure center and
project level); or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 101, in the joint explanatory
statement accompanying such Act, or in committee report
language incorporated by reference in such joint explanatory
statement.
(b) Not later than 30 days after the date on which any
sequestration is ordered by the President under section 251A
of the Balanced Budget and Emergency Deficit Control Act of
1985, each department and agency in subsection (c) shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate the spending, expenditure, or
operating plan required under subsection (a), updated to
reflect any adjustments to funding as a result of the
sequestration and any extension of the date specified in
section 106(3) of this joint resolution.
(c) The departments and agencies to which this section
applies are as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Defense.
(4) The Department of Education.
(5) The Department of Energy.
(6) The Department of Health and Human Services.
(7) The Department of Homeland Security.
(8) The Department of Housing and Urban Development.
(9) The Department of the Interior.
(10) The Department of Justice.
(11) The Department of Labor.
(12) The Department of State and United States Agency for
International Development.
(13) The Department of Transportation.
(14) The Department of the Treasury.
(15) The Department of Veterans Affairs.
(16) The National Aeronautics and Space Administration.
(17) The National Science Foundation.
(18) The Judiciary.
(19) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(20) The Federal Communications Commission.
(21) The General Services Administration.
(22) The Office of Personnel Management.
(23) The National Archives and Records Administration.
(24) The Securities and Exchange Commission.
(25) The Small Business Administration.
(26) The Environmental Protection Agency.
(27) The Indian Health Service.
(28) The Smithsonian Institution.
(29) The Social Security Administration.
(30) The Corporation for National and Community Service.
(31) The Corporation for Public Broadcasting.
(32) The Food and Drug Administration.
(33) The Commodity Futures Trading Commission.
(34) The Central Intelligence Agency.
(35) The National Security Agency.
(36) The National Reconnaissance Office.
(37) The Defense Intelligence Agency.
(38) The National Geospatial Intelligence Agency.
(39) The Office of the Director of National Intelligence.
Sec. 117. Not later than November 1, 2012, and each month
thereafter through the month following the period covered by
this joint resolution, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report on all obligations incurred by each department and
agency in the period covered by this joint resolution. Such
report shall--
(1) set forth obligations by account;
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period
in fiscal year 2012; and
(3) specify each executive branch account for which funds
made available by this joint resolution are apportioned at a
different rate for operations than the rate otherwise
provided in section 101, with an estimate of the different
rate otherwise provided in such section and the total
obligations estimated to be incurred under this joint
resolution for such account.
Sec. 118. Section 726(15) of division A of Public Law 112-
55 shall be applied to amounts made available by this joint
resolution without regard to the first proviso of such
section.
Sec. 119. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Domestic Food
Programs--Food and Nutrition Service--Commodity Assistance
Program'', at a rate for operations of $253,952,000, of which
$186,935,000 shall be for the Commodity Supplemental Food
Program.
Sec. 120. (a) 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.
(b) Not later than 30 days after the date of enactment of
this joint resolution, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a plan to maintain the launch schedules and life cycle cost
estimates established in fiscal year 2012 for the satellite
systems described in subsection (a) and options for reducing
costs, including management costs.
Sec. 121. 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 2013 for military activities of the Department of
Defense, no appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used to--
(1) retire, divest, realign, or transfer aircraft of the
Air Force;
(2) disestablish or convert any unit associated with
aircraft described in paragraph (1) or any unit of the Air
National Guard or Air Force Reserve; or
(3) retire C-23 Sherpa aircraft.
Sec. 122. The authority provided by section 801 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2399) shall continue in effect,
notwithstanding subsection (f) 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 2013 for military activities
of the Department of Defense.
Sec. 123. The authority provided by section 572(b)(4) of
the National Defense Authorization Act for Fiscal Year 2006
(20 U.S.C. 7703b(b)(4)) shall continue in effect 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 2013 for military activities
of the Department of Defense.
Sec. 124. In addition to any other transfer authority
available to the Department of Defense, the Secretary of
Defense may transfer an amount designated 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 made available by this joint
resolution for the Department of Defense between such
appropriations, to be merged with and to be available for the
same purposes, and the same time period, as the appropriation
or fund to which transferred. The Secretary of Defense shall
notify the congressional defense committees not fewer than 15
days prior to any transfer made pursuant to this section.
Sec. 125. (a) Notwithstanding section 101, amounts are
provided for ``Department of Energy--National Nuclear
Security Administration--Weapons Activities'' at a rate for
operations of $7,577,341,000.
(b) Section 301(c) of title III of division B of Public Law
112-74 shall not apply to amounts made available by this
section.
Sec. 126. In addition to the amounts otherwise made
available by section 101 for ``Department of Energy--National
Nuclear Security Administration--Defense Nuclear
Nonproliferation'', an additional amount is made available
for domestic uranium enrichment research, development, and
demonstration at a rate for operations of $100,000,000.
Sec. 127. 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. 128. 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. 6020 (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 2013
Budget Request Act of 2012 (D.C. Act 19-381), as modified as
of the date of the enactment of this joint resolution.
Sec. 129. Notwithstanding section 101, amounts are
provided for ``District of Columbia--Federal Funds--Federal
Payment for Emergency Planning and Security Costs in the
District of Columbia'' at a rate for operations of
$24,700,000, of which not less than $9,800,000 shall be used
for costs associated with the Presidential Inauguration.
Sec. 130. Notwithstanding section 101, amounts are
provided for ``General Services Administration--Expenses,
Presidential Transition'' for necessary expenses to carry out
the Presidential Transition Act of 1963 (3 U.S.C. 102 note),
at a rate for operations of $8,947,000, of which not to
exceed $1,000,000 is for activities authorized by sections
3(a)(8) and (9) of such Act.
Sec. 131. (a) Notwithstanding section 101, amounts are
provided for ``Executive Office of the President--Office of
Administration--Presidential Transition Administrative
Support'' to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note) at a rate for operations of
$8,000,000.
(b) Such funds may be transferred to other accounts in this
joint resolution or any other Act that provide funding for
offices within the Executive Office of the President and the
Office of the Vice President to carry out the Presidential
Transition Act of 1963 (3 U.S.C. 102 note).
Sec. 132. Notwithstanding section 101, the fifth proviso
under the heading ``Federal Communications Commission--
Salaries and Expenses'' in division C of Public Law 112-74
[[Page H5952]]
shall be applied by substituting ``$98,739,000'' for
``$85,000,000''.
Sec. 133. Notwithstanding any other provision of this
joint resolution, amounts made available by section 101 for
``Department of the Treasury--Departmental Offices--Salaries
and Expenses'' and ``Department of the Treasury--Office of
Inspector General--Salaries and Expenses'' may be used for
activities in connection with section 1602(e) of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (subtitle F of title I of division A of Public
Law 112-141).
Sec. 134. Notwithstanding section 101, amounts are
provided for ``Office of Government Ethics--Salaries and
Expenses'' at a rate for operations of $18,664,000, of which
$5,000,000 shall be for development and deployment of the
centralized, publicly accessible database required in section
11(b) of the STOCK Act (Public Law 112-105).
Sec. 135. Notwithstanding section 101, amounts are
provided for ``Small Business Administration--Business Loans
Program Account'' for the cost of guaranteed loans as
authorized by section 7(a) of the Small Business Act and
section 503 of the Small Business Investment Act of 1958 at a
rate for operations of $333,600,000.
Sec. 136. (a) Amounts made available by this joint
resolution for ``Department of Homeland Security--U.S.
Customs and Border Protection--Salaries and Expenses'' shall
be obligated at the rate for operations necessary to maintain
the staffing levels (including by backfilling vacant
positions) of Border Patrol agents, Customs and Border
Protection officers, and Air and Marine interdiction agents
in effect at the end of the fourth quarter of fiscal year
2012, or, with respect to Border Patrol agents, at such
greater levels as may otherwise be required in the second
proviso under the heading ``U.S. Customs and Border
Protection--Salaries and Expenses'' in division D of Public
Law 112-74. Any increase of the rate for operations for such
purpose under this subsection shall be derived by adjusting
amounts otherwise made available within such account by this
joint resolution, without regard to the restrictions on
reprogramming in section 503 of division D of Public Law 112-
74.
(b) Not later than 15 days after the date of the enactment
of this joint resolution, the Commissioner of U.S. Customs
and Border Protection shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed expenditure plan for ``Department of Homeland
Security--U.S. Customs and Border Protection--Salaries and
Expenses'' at the program, project, and activity level that
specifies how the Commissioner will maintain staffing levels
as required under subsection (a) through the date specified
in section 106(3) of this joint resolution.
Sec. 137. (a) Notwithstanding section 101, amounts are
provided for ``Department of Homeland Security--National
Protection and Programs Directorate--Infrastructure
Protection and Information Security'' at a rate for
operations of $1,170,243,000, of which $328,000,000 is for
Network Security Deployment, and $218,000,000 is for Federal
Network Security that may be obligated at a rate for
operations necessary to establish and sustain essential
cybersecurity activities, including procurement and
operations of continuous monitoring and diagnostics systems
and intrusion detection systems for civilian Federal computer
networks.
(b) Not later than 15 days after the date of the enactment
of this joint resolution, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate an expenditure plan for
essential cybersecurity activities described in subsection
(a) of this section for the period through the date specified
in section 106(3) of this joint resolution.
Sec. 138. 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. 139. 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,
2012''.
Sec. 140. (a) Notwithstanding section 101, amounts are
provided for ``Department of the Interior--Department-wide
Programs--Wildland Fire Management'' at a rate for operations
of $726,473,000.
(b) In addition to the amounts provided under subsection
(a), there is appropriated $23,000,000 for an additional
amount for fiscal year 2013 for ``Department of the
Interior--Department-wide Programs--Wildland Fire
Management'', to remain available until expended, for
repayment to other appropriations accounts from which funds
were transferred in fiscal year 2012 for wildfire
suppression.
Sec. 141. (a) Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Forest Service--
Wildland Fire Management'' at a rate for operations of
$1,971,390,000.
(b) In addition to the amounts provided under subsection
(a), there is appropriated $400,000,000 for an additional
amount for fiscal year 2013 for ``Department of Agriculture--
Forest Service--Wildland Fire Management'', to remain
available until expended, for repayment to other
appropriations accounts from which funds were transferred in
fiscal year 2012 for wildfire suppression.
Sec. 142. Section 411(h)(4)(A) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1240a(h)(4)(A)) is amended to read as follows:
``(A) In general.--The annual amount allocated under
subparagraph (A) or (B) of section 402(g)(1) to any State or
Indian tribe that makes a certification under subsection (a)
of this section in which the Secretary concurs shall be
reallocated and available for grants under section
402(g)(5).''.
Sec. 143. The authority provided by section 331 of the
Department of the Interior and Related Agencies
Appropriations Act, 2000 (enacted by reference in section
1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 note) shall
continue in effect through the date specified in section
106(3) of this joint resolution.
Sec. 144. (a) The following sections of the Federal
Insecticide, Fungicide, and Rodenticide Act shall continue in
effect through the date specified in section 106(3) of this
joint resolution:
(1) Subparagraphs (C) through (E) of section 4(i)(5) (7
U.S.C. 136a-1(i)(5)(C)-(E));
(2) Section 4(k)(3) (7 U.S.C. 136a-1(k)(3)); and
(3) Section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(5)(H) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H))
shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``September 30,
2012''.
(2) Notwithstanding section 33(m)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w-
8(m)(1)) shall be applied by substituting the date specified
in section 106(3) of this joint resolution for ``September
30, 2012''.
(c) Section 408(m)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by
substituting the date specified in section 106(3) of this
joint resolution for ``September 30, 2012''.
Sec. 145. Section 163 of Public Law 111-242, as amended by
Public Law 111-322, is further amended--
(a) in subsection (b), by striking ``2012-2013'' and
inserting ``2013-2014''; and
(b) by inserting at the end the following:
``(c) Not later than December 31, 2013, the Secretary of
Education shall submit a report to the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate and the Committees on Appropriations and Education
and the Workforce of the House of Representatives, using data
required under existing law (section 1111(h)(6)(A) of Public
Law 107-110) by State and each local educational agency,
regarding the extent to which students in the following
categories are taught by teachers who are deemed highly
qualified pursuant to 34 C.F.R. 200.56(a)(2)(ii) as published
in the Federal Register on December 2, 2002:
``(1) Students with disabilities.
``(2) English Learners.
``(3) Students in rural areas.
``(4) Students from low-income families.''.
Sec. 146. 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 ``2013''
for ``2012''.
Sec. 147. Notwithstanding section 101, amounts are
provided for ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' at a rate for operations of $900,000,000.
Amounts made available by this section may be obligated up to
a rate for operations necessary to maintain program
operations at the level provided in fiscal year 2012, as
necessary to accommodate increased demand.
Sec. 148. Activities authorized by part A of title IV and
section 1108(b) of the Social Security Act shall continue
through the date specified in section 106(3) of this joint
resolution, in the manner authorized for fiscal year 2012,
and out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority on a
quarterly basis through the second quarter of fiscal year
2013 at the level provided for such activities for the
corresponding quarter of fiscal year 2012.
Sec. 149. Notwithstanding any other provision of this
joint resolution, there is appropriated for payment to the
heirs at law of Donald M. Payne, late a Representative from
the State of New Jersey, $174,000.
Sec. 150. 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 $2,164,074,000.
Sec. 151. The authority provided by section 315(b) of
title 38, United States Code, shall continue in effect
through the date specified in section 106(3) of this joint
resolution.
Sec. 152. (a) Section 120 of division C of Public Law 112-
55 shall not apply to amounts made available by this joint
resolution.
(b) During the period covered by this joint resolution,
section 1102 of Public Law 112-141 shall be applied--
(1) in subsection (a)(1), by substituting
``$39,143,582,670'' for ``$39,699,000,000'';
(2) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012;
and
(3) in subsection (c)(5), by treating the reference to
section 204 of title 23, United
[[Page H5953]]
States Code, as a reference to sections 202 and 204 of such
title.
Sec. 153. The matter under the heading ``Department of
Transportation--National Highway Traffic Safety
Administration--Highway Traffic Safety Grants'' in division C
of Public Law 112-55 shall be applied to amounts made
available by this joint resolution by treating each reference
to section 2001(a)(11) of Public Law 109-59 under such
heading as a reference to section 31101(a)(6) of Public Law
112-141.
Sec. 154. The matter under the heading ``Department of
Transportation--Federal Transit Administration--Formula and
Bus Grants'' in division C of Public Law 112-55 shall be
applied to amounts made available by this joint resolution by
substituting ``49 U.S.C. 5305, 5307, 5310, 5311, 5318,
5322(d), 5335, 5337, 5339, and 5340'' for ``49 U.S.C. 5305,
5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339,
and 5340 and section 3038 of Public Law 105-178, as amended''
each place it appears.
Sec. 155. Section 601(e)(1)(B) of division B of Public Law
110-432 shall be applied by substituting the date specified
in section 106(3) of this joint resolution for ``4 years
after such date''.
This joint resolution may be cited as the ``Continuing
Appropriations Resolution, 2013''.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Rogers) and
the gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on H.J. Res. 117.
The SPEAKER pro tempore (Mr. Thornberry). Is there objection to the
request of the gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
This 6-month continuing resolution, Mr. Speaker, will keep the
government's doors open and its wheels turning until March 27, 2013.
It's a necessary bill that ensures that the Congress is doing its job,
even if this is not our preferred way of going about doing it.
Funding for the government in short increments is not the right way
to govern and not something that should be common practice.
It's essential to our Nation's financial future that the Congress
complete these important appropriations bills in regular order.
However, the Senate failed to act on any of the 12 appropriations
bills this year, instead choosing to default on their most basic fiscal
duty in the name of election-year politics.
Over the past few months, the House did its very best to support the
core functions of the government and provide responsible levels for
critical programs and services. In fact, the Appropriations Committee
considered all 12 bills, fulfilling our duty as shepherds of Federal
tax dollars and our responsibility as representatives of the people in
this country.
I'm deeply disappointed that this work is now on hold and that
Congress will not complete this work before the end of the fiscal year
this September 30.
Though we have found ourselves in this undesirable position, it does
not mean we can't yet act responsibly.
This CR is a good-faith effort to provide limited, but fair, funding
for government programs. It sticks with the agreement the House
leadership made with the Senate and the White House to continue
government operations at the Budget Control Act-approved level of
$1.047 trillion, thereby avoiding the perils of a threatened government
shutdown.
This legislation is very limited in scope. Funding levels have been
held at rates essentially consistent with the current fiscal year. It
makes minor changes to prevent detrimental or catastrophic or
irreversible changes to Federal programs and to ensure good government.
This includes provisions to allow additional funding for things like
nuclear weapons modernization efforts, wildfire suppression,
maintaining current border security staffing levels, more help to
process veterans' disability claims, and things of that sort.
Essential.
We've also made sure that we will take care of these individuals,
businesses, and communities affected by the recent natural disasters
like Hurricane Isaac. We provide $6.4 billion in additional disaster
funding. This funding will prevent any lapse in critical assistance to
those already working to recover from these catastrophes, as well as
adequate financial resources, should any need arise in the future.
{time} 1510
The bill also protects critical funding for our national defense,
maintaining last year's levels for Department of Defense programs which
the Senate and the White House have sought to significantly cut.
Mr. Speaker, my committee will stand ready and will stand at the
ready to continue the appropriations process. We intend to use the
lame-duck session to the fullest extent. Just because this CR will last
until March 27 of next year, we will not rest on our laurels until that
time. We will do as much as we can to allow ample time to complete that
essential work.
Mr. Speaker, we have to pass this important bill to maintain the
continuity of our government and to prevent its shutdown and to
continue the vital programs and services for our people, for our
Nation, and for the stability of our economy.
I ask for support, Mr. Speaker, of this critical legislation.
I reserve the balance of my time.
Mr. DICKS. Mr. Speaker, I yield myself such time as I may consume.
While I would prefer to be doing our regular appropriation bills, I
support this continuing resolution. H.J. Res. 117 avoids a government
shutdown by continuing the full range of Federal activities at last
year's rate of operations, plus six-tenths of 1 percent. The CR also
preserves the agreement on spending levels and the reforms in budgeting
for disaster relief as set out in the Budget Control Act.
On defense, the CR caps overseas contingency operations at the
President's request for FY 2013 at $88.5 billion instead of continuing
last year's level of $115.1 billion, a reduction of $26.6 billion.
The CR grants some flexibility for transferring funds within OCO
since last year's priorities do not meet this year's defense needs in
the region. Beyond that, however, the CR is stringent on defense. DOD
requested limited authority for new starts and changes in production
and procurement rates. Those requests were all denied.
The CR includes only a handful of spending anomalies, providing
additional funding only where absolutely necessary.
Wildland fire suppression receives more funds than last year's level.
The Interior Department and the Forest Service have already spent all
of their FY12 fire suppression funding, in addition to $400 million
that was reprogrammed to respond to a harsh fire season.
VA operating expenses are also increased because disability claims
are expected to increase significantly in FY 2013 as more vets return.
Without an increase above last year's level, the launch schedule for
the weather satellites would be delayed, causing significant gaps in
data collection essential for severe weather forecasting.
Increases are provided for the Supplemental Nutrition Assistance
Program, or SNAP, child nutrition, and Commodity Supplemental Food
program, which all need additional funds to meet current caseloads.
There are even fewer extensions of expiring authorizations. Only
those affecting spending are addressed.
The CR includes a 6-month clean extension of TANF. Without the
extension, cash assistance and work support for working families would
stop at the start of FY 2013.
The CR also specifies the LIHEAP State allocation formula to ensure
that States receive adequate funding for the winter heating season.
I must mention two concerns.
First, I am very disappointed that we have yet to enact a single FY13
bill in the Congress even though we passed seven bills in the House of
Representatives. I know Chairman Rogers shares my disappointment. A CR
is not a replacement for the appropriations process. Federal agencies
need much more direction than what is provided in a CR, and I believe
this measure serves to underscore the need for timely, regular
appropriation bills.
Lastly, I am deeply concerned that the threat of a sequester inhibits
current economic growth and slows job
[[Page H5954]]
creation. The sooner we deal with all the fiscal cliff issues, the
sooner our economic recovery will be strengthened. Just yesterday,
Moody's threatened a potential downgrade of the U.S. Government's
credit rating in 2013 unless Congress averts the fiscal cliff. I wish
we could turn off sequestration in this CR and enact a balanced package
of deficit reduction to replace it. Unfortunately, any serious
discussion seems impossible until after the election.
As Chairman Rogers said, this is a streamlined CR, free of any new
riders and negotiated in a bipartisan fashion. I urge my colleagues to
support this legislation.
I want to commend the chairman for working so hard and being so
diligent in his efforts to restore regular order in the appropriation
process, and I concur in his judgment that we should try to put
together an omnibus between now and the holidays in order to get our
work done this year. That would be the best course of action, rather
than waiting until March.
Again, let's vote for this CR and do our work and get it done.
I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, the gentleman I will introduce
next has served on the Defense Appropriations Subcommittee for over 30
years, as has the previous speaker, Mr. Dicks, served over 30 years as
well. These two gentlemen, the previous speaker and the upcoming
speaker, are the House's experts, in my judgment, on military matters.
So I yield such time as he may consume to the former chairman of the
full committee, and also now the chairman of the Defense Subcommittee,
the gentleman from Florida (Mr. Young).
Mr. YOUNG of Florida. Thank you, Mr. Chairman.
Mr. Speaker, I use this time to rise to present the Defense
appropriations bill for fiscal year 2013, and that's what I had planned
to do. But then, all of a sudden, I realized I already did that 2
months ago; and the House, in a strong, bipartisan vote of more than
330 votes passed this good bill that Mr. Dicks and I had worked so long
and hard to prepare and to present. We were really excited about
getting to the Senate and having the Senate make their mark and then go
to conference and get this bill on the law books.
It's important that our national defense and the members of our
military have some certainty in what they're going to be able to do in
the next fiscal year. But that was not to be. We were rolling along
with that bill, and we had passed seven other appropriations bills,
thanks to Mr. Rogers getting us back to regular order. His committee
had already voted out all but one of the appropriations bills. We had
passed seven in the House before we got the message. The Senate leader
said the Senate will pass no appropriations bills this year. There's
something wrong with that.
I'd like to read the Constitution, and I recommend it. It's good
reading.
Article I, section 9, says, ``No money shall be drawn from the
Treasury, but in consequence of appropriations made by law.'' That's
what it means to pass these appropriations bills.
The end of the fiscal year is only a few weeks away. This
Constitution would come into play. The government would have no money
to function. Portions of the government would have to be closed down.
You've heard it referred to, a government shutdown. We're going to have
to pass this CR because we don't want a government shutdown.
The Defense appropriations bill was a very good bill. It was a
bipartisan bill. There were some great initiatives that we had included
and the House supported in that bill. We got to keep two of those
initiatives as anomalies, and that's all.
So it's important that as soon as the Congress reconvenes, when it
does, we get back to this Defense appropriations bill and pass it for
sure.
One of the anomalies had to do with prohibiting the Air Force from
undertaking any of the new aircraft retirements or relocations of
aircraft and associated missions that were identified in their fiscal
year 2013 budget request. That needs to be in here. This affects all of
our States. All of our Governors, all of our adjutant generals weighed
in on this issue. We did get that, as an anomaly, in the bill.
But we need to get to work on this Defense appropriations bill as
soon as we possibly can and get it into law so that our military, the
members of our military, the men and women who wear the uniform, those
at the Pentagon who do the management, who do the planning, they have
to know what it is they're going to be able to do, what money will they
have available. And then they're facing sequestration, which also has
to be avoided somehow, one way or another.
But when the Constitution is ignored--which is happening with our
brothers and sisters in the other body--things don't work right, and
we've got to get them right. In the lame-duck session, we have got to
take care of these problems and get to work on this Defense
appropriations bill. We've got to find some way to persuade those who
serve in the other body. If their leadership doesn't want to do it,
there are ways to apply pressure to the leadership to get the job done
that the Constitution requires.
{time} 1520
Mr. Speaker, I thank Chairman Rogers for the good job he's done, and
I thank him for the time that he has given to me today.
Mr. DICKS. I yield 2\1/2\ minutes to the gentlewoman from Ohio (Ms.
Kaptur).
Ms. KAPTUR. I thank Ranking Member Dicks for yielding.
Mr. Speaker, I rise, reluctantly, to support this 6-month fiscal 2013
continuing resolution. It is unfortunate we have before us a continuing
resolution that only kicks the can down the road a bit, again, but does
not represent the regular order to which our institution must return
for sound governance of our Republic.
House Republicans have left the House with no choice but to support
this measure or we will face another government shutdown. I'm sure we
will hear from our Republican colleagues that the Senate didn't pass
any appropriation bills, and that's why we're here considering a
temporary bill.
The reality is that the unwillingness of the House Republicans to
keep their word is why we have a short-term continuing resolution
before us toward. The bipartisan agreement in the Budget Control Act
provided for $2.2 trillion in balanced deficit reduction and included
strict spending caps for future appropriations.
But rather than keeping to the bipartisan agreement, the Republican
leadership rammed through the House a radical Ryan budgetary agenda
that seeks to burden the middle class and seniors with the entire
burden of reducing our debt while giving millionaires and billionaires
more tax cuts. That is totally irresponsible.
House leadership wasted precious floor time with fiscal 13
appropriation bills that everyone knew were destined to languish. We
should have spent our time debating comprehensive jobs legislation, a
farm bill, and legislation to save the U.S. Postal Service.
Nevertheless, under the circumstances of hyperpartisanship, I commend
Chairman Rogers and Ranking Member Dicks for crafting a clean
continuing resolution that also addresses other important issues such
as wildlife management, veterans benefits, Small Business
Administration loan guarantees, and nutrition assistance.
In particular, I want to commend the chairman and ranking member for
providing sufficient funding for the Commodity Supplemental Food
Program so food assistance is not taken away from low-income senior
citizens across our country, whose calls at food banks have gone up 20
percent.
The Commodity Supplemental Food Program is a vital weapon in our
fight against the real hunger that millions of our fellow citizens
confront daily. Ninety-seven percent of these individuals are low-
income seniors.
The program needed a slight increase to keep up with real food
inflation, and rather than provide the resources to keep up with
inflation, the House Republican FY 13 appropriation bill proposed to
slash funding.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. DICKS. I yield an additional 15 seconds.
Ms. KAPTUR. I thank the gentleman.
The appropriation bill would have resulted in 55,000 participants,
predominantly seniors, being cut off vital nutrition assistance per
month. So I'm
[[Page H5955]]
pleased that this CR provides their necessary support.
And while I regret that House Republicans leaders favor kicking the
can down the road instead of addressing the important budgetary issues
America faces, I urge my colleagues to adopt this resolution so we can
prevent the Republicans from forcing another potential government
shutdown.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. DICKS. I yield 2 minutes to the distinguished gentleman from
Indiana (Mr. Visclosky).
Mr. VISCLOSKY. I thank the gentleman for yielding.
I rise today to express my great appreciation for the tireless
efforts Chairman Rogers and Ranking Member Dicks have expended in this
Congress and this fiscal year. They, the other committee Members, and
the committee staff have applied their expertise and a tremendous
amount of energy and effort in their attempt to return the
appropriations process to the regular order. To their credit, Chairman
Rogers and Mr. Dicks have allowed this body to pass more than a
majority of our bills.
While I support the continuing resolution, I am abjectly disappointed
that the Congress is, once again, going to fail at one of its most
fundamental responsibilities. We are all elected to make discrete
decisions about Federal programs. By being unable or unwilling to pass
individually negotiated appropriation bills, we are doing a great
disservice to our constituents and to our country by not providing the
guidance necessary for Federal programs to operate effectively.
As the ranking member of the Energy and Water Subcommittee, I would
like to highlight the National Nuclear Security Administration as an
example of where this CR does not provide the necessary oversight for
good government. The agency is plagued by dramatic cost increases on
nearly every major task under its jurisdiction. The poster child of
this inability to accurately estimate cost is the Life Extension
Program for the B-61 bomb, the pricetag of which has gone from $4 to
$10 billion.
And I would also be remiss if I did not mention my disappointment
that an anomaly for the United States Enrichment Cooperation is
included in the CR. The government has subsidized this company for far
too long, and we shouldn't continue to throw good money after bad. I
believe that the national security arguments for this program are
inconsistent and unpersuasive, and while USEC may have a pressing need
for a bailout, there is no immediate defense requirement.
In closing, I do support the CR because it is timely and bipartisan,
but we need to break the habit of perpetually kicking every hard
decision and deadline down the road.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. DICKS. I yield 2 minutes to the distinguished gentlewoman from
New York (Mrs. Lowey), the ranking member of the Foreign Operations
Subcommittee.
Mrs. LOWEY. Mr. Speaker, I rise in support of the continuing
resolution. Two of Congress' primary responsibilities are setting
Federal spending levels and being a good steward of taxpayer dollars.
We should all agree that is best accomplished when we comb through the
budget, line by line, to enact responsible spending bills.
That became impossible when the majority walked away from the
agreement in last year's Budget Control Act. As a result, the House
engaged in a futile attempt to adopt bills that simply don't add up to
the spending levels already agreed upon.
A temporary blanket extension of funding doesn't allow us to
prioritize increased investments in STEM education, biomedical
research, clean energy, infrastructure, advanced manufacturing, and job
training initiatives that will grow our economy and create jobs. And a
CR also inhibits our efforts to root out wasteful spending.
I will support this bill. We must keep the government operating.
However, next year, we must work across the aisle to ensure adequate
investments in activities that will facilitate economic growth and best
serve our national interest.
I would also like to take a moment to thank my good friend, Norm
Dicks. It has been a privilege to serve on the committee with you, and
your expertise, steady hand, and leadership will be greatly missed.
Mr. DICKS. I yield 2 minutes to the distinguished gentleman from
North Carolina (Mr. Price), who's the ranking member on the Homeland
Security Subcommittee.
Mr. PRICE of North Carolina. Mr. Chairman, a continuing resolution is
a sign that a budget has failed. And this appropriations process was
destined to fail from the start as Republicans unilaterally abandoned
the Budget Control Act statutory spending caps in favor of the
unworkable caps of the Ryan budget.
This 6-month stopgap spending bill proves that the Ryan budget is a
lemon. A lemon's a car that won't start, and the Ryan budget is still a
nonstarter because it's out of step with the Budget Control Act, with
our priorities, and with our values.
While the CR avoids the worst of the Ryan budget's cuts to education,
infrastructure, and research, this isn't the way Congress should be
budgeting. We should be considering final appropriations bills for
Homeland Security and other agencies, or an omnibus bill, that would
provide certainty about funding levels for fiscal 2013.
The whole notion of a 6-month CR begs the question: If we can pass a
6-month bill, why not return to the regular order and pass a 12-month
bill?
I'm pleased that the CR incorporates a number of ``anomalies'' which
accommodate the Department of Homeland Security's need for flexibility
in both cybersecurity and Customs and Border Protection personnel. By
providing funds for both the EINSTEIN 3 system and for Federal network
security, we're ensuring the Federal Government is prepared to tackle
the next generation of cyberattacks before they disrupt the Federal
network.
{time} 1530
On the other hand, I remain concerned that, by not enacting the
committee product, we are providing inadequate funding for FEMA first
responder grants and for the science and technology directorate. These
accounts were badly underfunded in 2012, and passing a CR rather than
our 2013 bill continues the shortfall.
Now, the CR, some say, at least lets us keep the government open.
Well, we're really in bad shape if the best we can say for ourselves is
that we're keeping the government open! Any such claim of success
simply underscores how low the bar was set earlier in the current
Congress as House Republicans forced the country to lurch from one
manufactured crisis to the other. We must do better.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume to engage with the ranking member and clarify some apparent
confusion on this CR's provision regarding cybersecurity, if the
gentleman would engage.
The language in section 137 of the CR, regarding cybersecurity, is
explicit and clear. The phrase that's apparently in question refers
solely to the Federal Network Security program. The Federal Network
Security is a limited program that provides security systems on
government networks, not private. So no funds are for any new executive
order. No funds or language expands any DHS authorities, and none of
the funds or language in this section has anything to do with the
regulation of private sector infrastructure, and we have confirmed that
in writing with the Department of Homeland Security.
Without this anomaly, the program will be suspended due to the lack
of available funding, and the monitoring of Federal civilian networks
will be further delayed, leaving them vulnerable to infiltration and
subsequent breach. That's all we are trying to prevent with this
provision.
Let me also add that this provision is an abbreviated version of what
is contained in both the House-passed and Senate-reported fiscal year
2013 appropriations bills--something our committees have been working
on all year.
With all of that said, I now yield to the committee's distinguished
ranking member, the gentleman from Washington (Mr. Dicks), who I
believe agrees with this clarification.
Mr. DICKS. I thank the distinguished chairman for yielding on this
vital matter, and I completely concur with his stated clarification on
this CR's
[[Page H5956]]
funding and language regarding cybersecurity.
I strongly supported the inclusion of this anomaly, and see it as
essential but also limited in scope to only the securing of our
vulnerable Federal civilian networks. This provision does not intrude
upon the authorizers' jurisdiction or enable a new executive order in
any way.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. DICKS. I yield back the balance of my time.
Mr. ROGERS of Kentucky. Before I yield back, Mr. Speaker, let me take
a moment to talk about the ranking member.
Mr. Dicks, as I said before, has served on this committee for 30-plus
years. I'm not exactly sure how many. How many is it? It is 36 years.
He has been a very, very dedicated member of the committee, including--
and most especially--of the Defense Subcommittee on which he has served
for, I think, 34 years. Before that, he was an aide to a Member of
Congress, so he has wide, deep experience in this body.
Maybe just as importantly, perhaps even more so, is the dedication
that he has given to the country through his service in the Congress.
I, personally, have found him to be a close friend. He has also been a
great partner in this appropriations process since I have become the
chairman of the committee. He has been helpful in a thousand instances.
His heart is in the right place. His mind is on the business of serving
the public, especially the military part of that service.
We're going to miss Norm Dicks around here. He is going to leave a
large hole in our hearts but also in the business of this body and this
Congress, so we wish him well as he embarks upon a new career, perhaps,
and a new way of life, perhaps. I've got an idea there are going to be
a few fish involved in that future, but we are going to miss Norm Dicks
for all that he has meant to us.
This may be the last bill that he has a part in. I hope, perhaps,
there will be something in the lame duck; but in case there is not, I
wanted to be sure that we said some words of deep, profound thanks to a
patriot who has served his country as few others have. I wish Norm
Dicks the very, very best as he embarks on the next phase of his life.
I will be happy to yield to the gentleman.
Mr. DICKS. I want to thank the chairman for his very kind remarks. It
has been a deep pleasure working with you and your very able staff. I
think one of the reasons for the success of trying to restore regular
order is that we've had good staff cooperation at all levels. I want to
thank our staff, both the majority and minority, for their excellent
work.
It has been a great pleasure working with you. Again, let's hope we
can convince people that we should get our work done so when we come
back in the lame duck session we can finally put the omnibus bill
together for 2013 and get this accomplished. I know that's what the
chairman wants and that that's what I want, but I appreciate his kind
remarks. I appreciate his courtesy and his leadership of our committee.
Thank you.
Mr. ROGERS of Kentucky. Finally, Mr. Speaker, I want to mention
staff. As the ranking member has said, none of this would be here but
for this wonderful staff that we are blessed with.
Bill Inglee on the majority side, the clerk; Will Smith, his deputy;
and all of the staff on the subcommittees and the full committee have
worked day and night--weekends included--on this bill. For that we are
deeply appreciative. Then David Pomerantz on the minority side and all
of the staff on the minority side, both full committee and
subcommittees, have equally worked as hard and, most of the time,
together on the same thing. So we want to thank them for the deep
service that they've given to us.
With that, Mr. Speaker, I yield back the balance of my time.
Ms. CHU. Mr. Speaker, we know that in too many states and districts
across the country, students with the greatest needs are being taught
by teachers with little or no training, including those enrolled in
alternative route teacher preparation programs. That's why I am so glad
this legislation requires the Department of Education to provide
Congress--and the nation--with comprehensive information on the extent
to which our highest-need students, including students with
disabilities, English learners, students from rural communities, and
low-income students, are being taught by teachers-in-training who are
enrolled in alternative route programs, disaggregated by state and
district, as well as by student subgroups. The data that will be
included in this report should be made public and disseminated to
parents and other interested parties so that is understandable and
actionable. Specifically, the provision requires:
The Secretary of Education must submit a report to Congress by 12/31/
13 that provides a comprehensive picture, with state-level and LEA
data, on the extent to which the following categories of students are
taught by alternative route teachers-in-training who are deemed
``highly qualified'' pursuant to 34 CFR 200.56(a)(2)(ii): students with
disabilities, English learners, students in rural areas, and students
from low-income families. 34 CFR 200.56(a)(2)(ii) is the regulation
that allows individuals participating in alternative route programs but
who have not yet completed their full state certification to be labeled
``highly qualified.'' This regulation was struck down by the Ninth
Circuit in the Renee v. Duncan lawsuit, but written into statute in the
December 2010 CR.
To produce the report required by this amendment, states and LEAs
will be required to compile the data that they are already required to
have under Section 1111(h)(6)(A) of NCLB regarding the professional
qualifications of all their teachers, including: ``Whether the teacher
has met State qualification and licensing criteria for the grade levels
and subject areas in which the teacher provides instruction.
Whether the teacher is teaching under emergency or other provisional
status through which State qualification or licensing criteria have
been waived.
The baccalaureate degree major of the teacher and any other graduate
certification or degree held by the teacher, and the field of
discipline of the certification or degree.
This data will provide essential information to parents, to educators
and to policy makers so that informed decisions can be made so that we
can strengthen one of our nation's most valuable assets, our public
schools. We will be in a much better position to look at our neediest
students and our neediest rural and urban school districts and
determine the extent to which well prepared teachers are or are not
equitably distributed. Mr. Speaker, I look forward to receiving this
important report from the Secretary on December 31, 2013.
Mr. HONDA. Mr. Speaker, I am pleased to rise in support of an
important provision that is included in this Continuing Resolution.
This provision will enable the collection of essential information that
we have long sought to make determinations about whether teachers are
equitably distributed among our high needs schools. It will also help
us understand which teachers are working with underserved students.
In many places, teachers-in-training are serving as teachers of
record. While we know this, we do not know exactly where they are
concentrated around the country or which subgroups of students they are
primarily teaching. Data points are available for some locales, but not
nationally. This provision will require the Department of Education to
gather information about the extent to which students with high needs
are being taught by teachers with the least amount of preparation,
including students with disabilities, English language learners, low-
income students and students in rural areas and report this information
to Congress by December 31, 2013.
It is my hope that this report will require States and LEAs to
compile the data that districts are already required to have under the
Parents' Right to Know Section of NCLB regarding the professional
qualifications of all their teachers.
I look forward to receiving this important report. The information
presented will assist Congress, the public, parents and educators in
making informed decisions about policy and practice.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 778, the previous question is ordered.
The question is on the engrossment and third reading of the joint
resolution.
The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of House Joint Resolution 117 is postponed.
____________________