[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.

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