[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-46
113th Congress

An Act


 
Making continuing appropriations for the fiscal year ending September
30, 2014, and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>  The following sums are hereby appropriated,
out of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, for the
several departments, agencies, corporations, and other organizational
units of Government for fiscal year 2014, and for other purposes,
namely:

DIVISION A--CONTINUING APPROPRIATIONS ACT, 2014

Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2013 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this joint resolution, that were conducted in fiscal year 2013,
and for which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2013
(division A of Public Law 113-6), except section 735.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 (division B of Public Law 113-6).
(3) The Department of Defense Appropriations Act, 2013
(division C of Public Law 113-6).
(4) The Department of Homeland Security Appropriations Act,
2013 (division D of Public Law 113-6).
(5) The Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2013 (division E of Public
Law 113-6).
(6) The Full-Year Continuing Appropriations Act, 2013
(division F of Public Law 113-6).

(b) The rate for operations provided by subsection (a) for each
account shall be calculated to reflect the full amount of any reduction
required in fiscal year 2013 pursuant to--
(1) any provision of division G of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6),
including section 3004; and
(2) the Presidential sequestration order dated March 1,
2013, except as attributable to budget authority made available
by--

[[Page 559]]

(A) sections 140(b) or 141(b) of the Continuing
Appropriations Resolution, 2013 (Public Law 112-175); or
(B) the Disaster Relief Appropriations Act, 2013
(Public Law 113-2).

Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2013 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2013 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line item
in a budget activity within an appropriation account and an R-1 line
item that includes a program element and subprogram element within an
appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2013.
(b) <>  No appropriation or funds made available
or authority granted pursuant to section 101 for the Department of
Defense shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity procurement
unless specifically appropriated later.

Sec. 103.  Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104.  Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2013.
Sec. 105.  Appropriations made and authority granted pursuant to
this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which funds
or authority for such project or activity are available under this joint
resolution.
Sec. 106. <>  Unless otherwise provided for
in this joint resolution or in the applicable appropriations Act for
fiscal year 2014, appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available until
whichever of the following first occurs: (1) the enactment into law of
an appropriation for any project or activity provided for in this joint
resolution; (2) the enactment into law of the applicable appropriations
Act for fiscal year 2014 without any provision for such project or
activity; or (3) January 15, 2014.

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.

[[Page 560]]

Sec. 109.  Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution of
appropriations at the beginning of fiscal year 2014 because of
distributions of funding to States, foreign countries, grantees, or
others, such high initial rates of operation or complete distribution
shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding
prerogatives.
Sec. 110.  This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. <>  (a) For entitlements and other
mandatory payments whose budget authority was provided in appropriations
Acts for fiscal year 2013, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the rate to
maintain program levels under current law, under the authority and
conditions provided in the applicable appropriations Act for fiscal year
2013, to be continued through the date specified in section 106(3).

(b) <>  Notwithstanding section 106, obligations
for mandatory payments due on or about the first day of any month that
begins after October 2013 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds shall be
available for such payments.

Sec. 112. <>  Amounts made available under section
101 for civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations necessary to
avoid furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2013, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.

Sec. 113.  Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this joint
resolution that was previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of
such Act is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
such Act or as being for disaster relief pursuant to section
251(b)(2)(D) of such Act, respectively.
(b) Of the amounts made available by section 101 for ``Social
Security Administration, Limitation on Administrative Expenses'' for the
cost associated with continuing disability reviews under titles II and
XVI of the Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of the Social
Security Act, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and

[[Page 561]]

Emergency Deficit Control Act of 1985, as amended, and $469,639,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act.
(c) <>  Section 5 of Public Law 113-6 shall
apply to amounts designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.

Sec. 115. <>  (a) Employees
furloughed as a result of any lapse in appropriations which begins on or
about October 1, 2013, shall be compensated at their standard rate of
compensation, for the period of such lapse in appropriations, as soon as
practicable after such lapse in appropriations ends.

(b) For purposes of this section, ``employee'' means:
(1) a federal employee;
(2) an employee of the District of Columbia Courts;
(3) an employee of the Public Defender Service for the
District of Columbia; or
(4) a District of Columbia Government employee.

(c) All obligations incurred in anticipation of the appropriations
made and authority granted by this joint resolution for the purposes of
maintaining the essential level of activity to protect life and property
and bringing about orderly termination of Government functions, and for
purposes as otherwise authorized by law, are hereby ratified and
approved if otherwise in accord with the provisions of this joint
resolution.
Sec. 116. <>  (a) If a State (or another
Federal grantee) used State funds (or the grantee's non-Federal funds)
to continue carrying out a Federal program or furloughed State employees
(or the grantee's employees) whose compensation is advanced or
reimbursed in whole or in part by the Federal Government--
(1) <>  such furloughed employees shall
be compensated at their standard rate of compensation for such
period;
(2) <>  the State (or such other
grantee) shall be reimbursed for expenses that would have been
paid by the Federal Government during such period had
appropriations been available, including the cost of
compensating such furloughed employees, together with interest
thereon calculated under section 6503(d) of title 31, United
States Code; and
(3) the State (or such other grantee) may use funds
available to the State (or the grantee) under such Federal
program to reimburse such State (or the grantee), together with
interest thereon calculated under section 6503(d) of title 31,
United States Code.

(b) For purposes of this section, the term ``State'' and the term
``grantee'' shall have the meaning as such term is defined under the
applicable Federal program under subsection (a). In addition, ``to
continue carrying out a Federal program'' means the continued
performance by a State or other Federal grantee, during the period of a
lapse in appropriations, of a Federal program that the State or such
other grantee had been carrying out prior to the period of the lapse in
appropriations.
(c) <>  The authority under this
section applies with respect to any period in fiscal year 2014 (not
limited to periods beginning or ending after the date of the enactment
of this joint resolution) during which there occurs a lapse in
appropriations with respect to any department or agency of the Federal
Government which, but for such lapse in appropriations, would have paid,
or made reimbursement relating to, any of the expenses referred to in
this

[[Page 562]]

section with respect to the program involved. Payments and
reimbursements under this authority shall be made only to the extent and
in amounts provided in advance in appropriations Acts.

Sec. 117.  Expenditures made pursuant to the Pay Our Military Act
(Public Law 113-39) shall be charged to the applicable appropriation,
fund, or authorization provided in this joint resolution.
Sec. 118. <>  For the purposes of this joint
resolution, the time covered by this joint resolution shall be
considered to have begun on October 1, 2013.

Sec. 119. <>  Section 3003 of division G of
Public Law 113-6 shall be applied to funds appropriated by this joint
resolution by substituting ``fiscal year 2014'' for ``fiscal year 2013''
each place it appears.

Sec. 120. <>  Section 408 of the Food for
Peace Act (7 U.S.C. 1736b) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``December 31,
2012''.

Sec. 121.  Amounts made available under section 101 for ``Department
of Commerce--National Oceanic and Atmospheric Administration--
Procurement, Acquisition and Construction'' may be apportioned up to the
rate for operations necessary to maintain the planned launch schedules
for the Joint Polar Satellite System and the Geostationary Operational
Environmental Satellite system.
Sec. 122. <>  The authority provided by
sections 1205 and 1206 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81) shall continue in effect,
notwithstanding subsection (h) of section 1206, through the earlier of
the date specified in section 106(3) of this joint resolution or the
date of the enactment of an Act authorizing appropriations for fiscal
year 2014 for military activities of the Department of Defense.

Sec. 123.  Section 3(a)(6) of Public Law 100-676 <>  is amended by striking both occurrences of ``$775,000,000'' and
inserting in lieu thereof, ``$2,918,000,000''.

Sec. 124. <>  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. 125.  Notwithstanding section 101, amounts are provided for
``The Judiciary--Courts of Appeals, District Courts, and Other Judicial
Services--Salaries and Expenses'' at a rate of operations of
$4,820,181,000:  Provided, That notwithstanding section 302 of Division
C, of Public Law 112-74 as continued by Public Law 113-6, not to exceed
$25,000,000 shall be available for transfer between accounts to maintain
minimum operating levels.
Sec. 126.  Notwithstanding section 101, amounts are provided for
``The Judiciary--Courts of Appeals, District Courts, and Other Judicial
Services--Defender Services'' at a rate for operations of
$1,012,000,000.
Sec. 127.  Notwithstanding any other provision of this joint
resolution, the District of Columbia may expend local funds under the
heading ``District of Columbia Funds'' for such programs and activities
under title IV of H.R. 2786 (113th Congress), as reported by the
Committee on Appropriations of the House of Representatives, at the rate
set forth under ``District of Columbia Funds--Summary of Expenses'' as
included in the Fiscal Year 2014 Budget Request Act of 2013 (D.C. Act
20-127), as modified as of the date of the enactment of this joint
resolution.

[[Page 563]]

Sec. 128.  Section 302 of the Universal Service Anti-deficiency
Temporary Suspension Act <>  is amended by
striking ``December 31, 2013'', each place it appears and inserting
``January 15, 2014''.

Sec. 129.  Notwithstanding section 101, amounts are provided for the
``Privacy and Civil Liberties Oversight Board'' at a rate for operations
of $3,100,000.
Sec. 130. <>  For the period covered by this
joint resolution, section 550(b) of Public Law 109-295 (6 U.S.C. 121
note) shall be applied by substituting the date specified in section
106(3) of this joint resolution for ``October 4, 2013''.

Sec. 131. <>  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. 132. <>  The authority provided by section
831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue
in effect through the date specified in section 106(3) of this joint
resolution.

Sec. 133. (a) Any amounts made available pursuant to section 101 for
``Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses'', ``Department of Homeland Security--U.S. Customs
and Border Protection--Border Security Fencing, Infrastructure, and
Technology'', ``Department of Homeland Security--U.S. Customs and Border
Protection--Air and Marine Operations'', and ``Department of Homeland
Security--U.S. Immigration and Customs Enforcement--Salaries and
Expenses'' shall be obligated at a rate for operations as necessary to
respectively--
(1) sustain the staffing levels of U.S. Customs and Border
Protection Officers, equivalent to the staffing levels achieved
on September 30, 2013, and comply with the last proviso under
the heading ``Department of Homeland Security--U.S. Customs and
Border Protection--Salaries and Expenses'' in division D of
Public Law 113-6;
(2) sustain border security operations, including sustaining
the operation of Tethered Aerostat Radar Systems;
(3) sustain necessary Air and Marine operations; and
(4) sustain the staffing levels of U.S. Immigration and
Customs Enforcement agents, equivalent to the staffing levels
achieved on September 30, 2013, and comply with the sixth
proviso under the heading ``Department of Homeland Security--
U.S. Immigration and Customs Enforcement--Salaries and
Expenses'' in division D of Public Law 113-6.

(b) <>  The Secretary of Homeland Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate on each use of the authority provided in
this section.

Sec. 134. <>  Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``11 years'' for ``10 years''.

Sec. 135. <>  In addition to the amount otherwise
provided by section 101 for ``Department of the Interior--Department-
wide Programs--Wildland Fire Management'', there is appropriated
$36,000,000 for an additional amount for fiscal year 2014, to remain
available until expended, for urgent wildland fire suppression
activities:  Provided, That of the funds provided, $15,000,000 is for
burned area rehabilitation: <>  Provided further,
That such funds shall only become available if funds previously provided
for wildland fire suppression will be exhausted imminently and the
Secretary of the Interior notifies the Committees on Appropriations of
the House

[[Page 564]]

of Representatives and the Senate in writing of the need for these
additional funds:  Provided further, That such funds are also available
for transfer to other appropriations accounts to repay amounts
previously transferred for wildfire suppression.

Sec. 136. <>  In addition to the amount otherwise
provided by section 101 for ``Department of Agriculture--Forest
Service--Wildland Fire Management'', there is appropriated $600,000,000
for an additional amount for fiscal year 2014, to remain available until
expended, for urgent wildland fire suppression activities:  Provided,
That <>  such funds shall only become available if
funds previously provided for wildland fire suppression will be
exhausted imminently and the Secretary of Agriculture notifies the
Committees on Appropriations of the House of Representatives and the
Senate in writing of the need for these additional funds:  Provided
further, That such funds are also available for transfer to other
appropriations accounts to repay amounts previously transferred for
wildfire suppression.

Sec. 137. <>  The authority provided by section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (as contained in section 101(e) of division A
of Public Law 105-277; 16 U.S.C. 2104 note) shall continue in effect
through the date specified in section 106(3) of this joint resolution.

Sec. 138. <>  (a) The authority provided by
subsection (m)(3) of section 8162 of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79), as
amended, shall continue in effect through the date specified in section
106(3) of this joint resolution.

(b) For the period covered by this joint resolution, the authority
provided by the provisos under the heading ``Dwight D. Eisenhower
Memorial Commission--Capital Construction'' in division E of Public Law
112-74 shall not be in effect.
Sec. 139. <>  Activities authorized under part
A of title IV and section 1108(b) of the Social Security Act (except for
activities authorized in section 403(b)) shall continue through the date
specified in section 106(3) of this joint resolution in the manner
authorized for fiscal year 2013, and out of any money in the Treasury of
the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.

Sec. 140. <>  Notwithstanding section 101, the
matter under the heading ``Department of Labor--Mine Safety and Health
Administration--Salaries and Expenses'' in division F of Public Law 112-
74 shall be applied to funds appropriated by this joint resolution by
substituting ``is authorized to collect and retain up to $2,499,000''
for ``may retain up to $1,499,000''.

Sec. 141. <>  The first proviso under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Low Income Home Energy Assistance'' in division F
of Public Law 112-74 shall be applied to amounts made available by this
joint resolution by substituting ``2014'' for ``2012''.

Sec. 142.  Amounts provided by section 101 for ``Department of
Health and Human Services--Administration for Children and Families--
Refugee and Entrant Assistance'' may be obligated up to a rate for
operations necessary to maintain program operations at the level
provided in fiscal year 2013, as necessary to accommodate increased
demand.
Sec. 143.  During the period covered by this joint resolution,
amounts provided under section 101 for ``Department of Health

[[Page 565]]

and Human Services--Office of the Secretary--Public Health and Social
Services Emergency Fund'' may be obligated at a rate necessary to assure
timely execution of planned advanced research and development contracts
pursuant to section 319L of the Public Health Service Act, to remain
available until expended, for expenses necessary to support advanced
research and development pursuant to section 319L of the Public Health
Service Act (42 U.S.C. 247d-7e) and other administrative expenses of the
Biomedical Advanced Research and Development Authority.
Sec. 144.  Subsection (b) of section 163 of Public Law 111-242, as
amended, <>  is further amended by striking
``2013-2014'' and inserting ``2015-2016''.

Sec. 145. <>  Notwithstanding
any other provision of this joint resolution, there is appropriated for
payment to Bonnie Englebardt Lautenberg, widow of Frank R. Lautenberg,
late a Senator from New Jersey, $174,000.

Sec. 146. <>  Notwithstanding any
other provision of law, no adjustment shall be made under section 610(a)
of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to
cost of living adjustments for Members of Congress) during fiscal year
2014.

Sec. 147.  Notwithstanding section 101, amounts are provided for
``Department of Veterans Affairs--Departmental Administration--General
Operating Expenses, Veterans Benefits Administration'' at a rate for
operations of $2,455,490,000.
Sec. 148. <>  The authority provided by the
penultimate proviso under the heading ``Department of Housing and Urban
Development--Rental Assistance Demonstration'' in division C of Public
Law 112-55 shall continue in effect through the date specified in
section 106(3) of this joint resolution.

Sec. 149.  Notwithstanding section 101, amounts are provided for
``Department of Transportation--Federal Aviation Administration--
Operations'', at a rate for operations of $9,248,418,000.
Sec. 150. <>  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) for ``4 years after such date''.

Sec. 151.  Notwithstanding section 101, amounts are provided for
``Maritime Administration--Maritime Security Program'', at a rate for
operations of $186,000,000.
Sec. 152.  Section 44302 of title 49, United States Code, is amended
in paragraph (f) by deleting ``September 30, 2013, and may extend
through December 31, 2013'' and inserting ``the date specified in
section 106(3) of the Continuing Appropriations Act, 2014'' in lieu
thereof.
Sec. 153.  Section 44303 of title 49, United States Code, is amended
in paragraph (b) by deleting ``December 31, 2013'' and inserting ``the
date specified in section 106(3) of the Continuing Appropriations Act,
2014'' in lieu thereof.
Sec. 154.  Section 44310 of title 49, United States Code, is amended
by deleting ``December 31, 2013'' and inserting ``the date specified in
section 106(3) of the Continuing Appropriations Act, 2014'' in lieu
thereof.
Sec. 155. <>  Notwithstanding any other provision
of law, the Secretary of Transportation may obligate not more than
$450,000,000 of the amounts made available to carry out section 125 of
title 23, United States Code, under chapter 9 of title X of division A
of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2; 127
Stat. 34) under the heading ``emergency relief

[[Page 566]]

program'' under the heading ``federal-aid highways'' under the heading
``Federal Highway Administration'' for emergency relief projects in the
State of Colorado arising from damage caused by flooding events in that
State in calendar year 2013:  Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.

Sec. 156.  Notwithstanding any other provision of this division, any
reference in this division to ``this joint resolution'' shall be deemed
a reference to ``this Act''.
Sec. 157. <>  Fourteen
days after the Department of Homeland Security submits a report or
expenditure plan required under this division to the Committees on
Appropriations of the Senate and House of Representatives, the Secretary
shall submit a copy of that report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives.

DIVISION B--OTHER MATTERS

verification of household income and other qualifications for the
provision of aca premium and cost-sharing subsidies

Sec. 1001. <>  (a) In
General.--Notwithstanding any other provision of law, the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall ensure that American Health Benefit Exchanges
verify that individuals applying for premium tax credits under section
36B of the Internal Revenue Code of 1986 and reductions in cost-sharing
under section 1402 of the Patient Protection and Affordable Care Act (42
U.S.C. 18071) are eligible for such credits and cost sharing reductions
consistent with the requirements of section 1411 of such Act (42 U.S.C.
18081), and, prior to making such credits and reductions available, the
Secretary shall certify to the Congress that the Exchanges verify such
eligibility consistent with the requirements of such Act.

(b) Report by Secretary.--Not later than January 1, 2014, the
Secretary shall submit a report to the Congress that details the
procedures employed by American Health Benefit Exchanges to verify
eligibility for credits and cost-sharing reductions described in
subsection (a).
(c) Report by Inspector General.--Not later than July 1, 2014, the
Inspector General of the Department of Health and Human Services shall
submit to the Congress a report regarding the effectiveness of the
procedures and safeguards provided under the Patient Protection and
Affordable Care Act for preventing the submission of inaccurate or
fraudulent information by applicants for enrollment in a qualified
health plan offered through an American Health Benefit Exchange.

default prevention

Sec. 1002. (a) <>  Short Title.--This section may be cited
as the ``Default Prevention Act of 2013''.

(b) Certification.--Not later than 3 days after the date of
enactment of this Act, the President may submit to Congress a written
certification that absent a suspension of the limit under section
3101(b) of title 31, United States Code, the Secretary of

[[Page 567]]

the Treasury would be unable to issue debt to meet existing commitments.
(c) Suspension.--
(1) <>  In general.--Section 3101(b) of
title 31, United States Code, shall not apply for the period
beginning on the date on which the President submits to Congress
a certification under subsection (b) and ending on February 7,
2014.
(2) Special rule relating to obligations issued during
suspension period.--Effective <>
February 8, 2014, the limitation in section 3101(b) of title 31,
United States Code, as increased by section 3101A of such title
and section 2 of the No Budget, No Pay Act of 2013 (31 U.S.C.
3101 note), is increased to the extent that--
(A) the face amount of obligations issued under
chapter 31 of such title and the face amount of
obligations whose principal and interest are guaranteed
by the United States Government (except guaranteed
obligations held by the Secretary of the Treasury)
outstanding on February 8, 2014, exceeds
(B) the face amount of such obligations outstanding
on the date of enactment of this Act.
An obligation shall not be taken into account under subparagraph
(A) unless the issuance of such obligation was necessary to fund
a commitment incurred by the Federal Government that required
payment before February 8, 2014.

(d) <>  Disapproval.--If there is
enacted into law within 22 calendar days after Congress receives a
written certification by the President under subsection (b) a joint
resolution disapproving the President's exercise of authority to suspend
the debt ceiling under subsection (e), effective on the date of
enactment of the joint resolution, subsection (c) is amended to read as
follows:

``(c) Suspension.--
``(1) <>  In general.--Section 3101(b)
of title 31, United States Code, shall not apply for the period
beginning on the date on which the President submits to Congress
a certification under subsection (b) and ending on the date of
enactment of the joint resolution pursuant to section 1002(e) of
the Continuing Appropriations Act, 2014.
``(2) Special rule relating to obligations issued during
suspension period.--Effective <>  on the
day after the date of enactment of the joint resolution pursuant
to section 1002(e) of the Continuing Appropriations Act, 2014,
the limitation in section 3101(b) of title 31, United States
Code, as increased by section 3101A of such title and section 2
of the No Budget, No Pay Act of 2013 (31 U.S.C. 3101 note), is
increased to the extent that--
``(A) the face amount of obligations issued under
chapter 31 of such title and the face amount of
obligations whose principal and interest are guaranteed
by the United States Government (except guaranteed
obligations held by the Secretary of the Treasury)
outstanding on the day after the date of enactment of
the joint resolution pursuant to section 1002(e) of the
Continuing Appropriations Act, 2014, exceeds
``(B) the face amount of such obligations
outstanding on the date of enactment of this Act.

[[Page 568]]

An obligation shall not be taken into account under subparagraph
(A) unless the issuance of such obligation was necessary to fund
a commitment incurred by the Federal Government that required
payment before the day after the date of enactment of the joint
resolution pursuant to section 1002(e) of the Continuing
Appropriations Act, 2014.''.

(e) Disapproval Process.--
(1) Contents of joint resolution.--For the purpose of this
subsection, the term ``joint resolution'' means only a joint
resolution--
(A) <>  disapproving the
President's exercise of authority to suspend the debt
limit that is introduced within 14 calendar days after
the date on which the President submits to Congress the
certification under subsection (b);
(B) which does not have a preamble;
(C) the title of which is only as follows: ``Joint
resolution relating to the disapproval of the
President's exercise of authority to suspend the debt
limit, as submitted under section 1002(b) of the
Continuing Appropriations Act, 2014 on _____'' (with the
blank containing the date of such submission); and
(D) the matter after the resolving clause of which
is only as follows: ``That Congress disapproves of the
President's exercise of authority to suspend the debt
limit, as exercised pursuant to the certification under
section 1002(b) of the Continuing Appropriations Act,
2014.''.
(2) Expedited consideration in house of representatives.--
(A) Reporting and discharge.--Any committee of the
House of Representatives to which a joint resolution is
referred shall report it to the House of Representatives
without amendment not later than 5 calendar days after
the date of introduction of a joint resolution described
in paragraph (1). If a committee fails to report the
joint resolution within that period, the committee shall
be discharged from further consideration of the joint
resolution and the joint resolution shall be referred to
the appropriate calendar.
(B) Proceeding to consideration.--After each
committee authorized to consider a joint resolution
reports it to the House of Representatives or has been
discharged from its consideration, it shall be in order,
not later than the sixth day after introduction of a
joint resolution under paragraph (1), to move to proceed
to consider the joint resolution in the House of
Representatives. <>  All points of order
against the motion are waived. Such a motion shall not
be in order after the House of Representatives has
disposed of a motion to proceed on a joint resolution.
The previous question shall be considered as ordered on
the motion to its adoption without intervening motion.
The motion shall not be debatable. A motion to
reconsider the vote by which the motion is disposed of
shall not be in order.
(C) Consideration.--The joint resolution shall be
considered as read. <>  All points of
order against the joint resolution and against its
consideration are waived. The previous question shall be
considered as ordered on the

[[Page 569]]

joint resolution to its passage without intervening
motion except 2 hours of debate equally divided and
controlled by the proponent and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
(3) Expedited procedure in senate.--
(A) <>
Reconvening.--Upon receipt of a certification under
subsection (b), if the Senate would otherwise be
adjourned, the majority leader of the Senate, after
consultation with the minority leader of the Senate,
shall notify the Members of the Senate that, pursuant to
this subsection, the Senate shall convene not later than
the thirteenth calendar day after receipt of such
certification.
(B) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be immediately placed
on the calendar.
(C) Floor consideration.--
(i) <>  In
general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at
any time during the period beginning on the day
after the date on which Congress receives a
certification under subsection (b) and ending on
the 6th day after the date of introduction of a
joint resolution under paragraph (1) (even if a
previous motion to the same effect has been
disagreed to) to move to proceed to the
consideration of the joint resolution, and all
points of order against the joint resolution (and
against consideration of the joint resolution) are
waived. The motion to proceed is not debatable.
The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the
consideration of the joint resolution is agreed
to, the joint resolution shall remain the
unfinished business until disposed of.
(ii) Consideration.--Consideration of the
joint resolution, and on all debatable motions and
appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided
equally between the majority and minority leaders
or their designees. A motion further to limit
debate is in order and not debatable. An amendment
to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or
a motion to recommit the joint resolution is not
in order.
(iii) Vote on passage.--If the Senate has
voted to proceed to a joint resolution, the vote
on passage of the joint resolution shall occur
immediately following the conclusion of
consideration of the joint resolution, and a
single quorum call at the conclusion of the debate
if requested in accordance with the rules of the
Senate.
(iv) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair relating
to the application of the rules of the Senate, as
the case may be, to the procedure relating to a
joint resolution shall be decided without debate.

[[Page 570]]

(4) Amendment not in order.--A joint resolution of
disapproval considered pursuant to this subsection shall not be
subject to amendment in either the House of Representatives or
the Senate.
(5) Coordination with action by other house.--
(A) In general.--If, before passing the joint
resolution, one House receives from the other a joint
resolution--
(i) the joint resolution of the other House
shall not be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no joint resolution had
been received from the other House, except that
the vote on passage shall be on the joint
resolution of the other House.
(B) Treatment of joint resolution of other house.--
If the Senate fails to introduce or consider a joint
resolution under this subsection, the joint resolution
of the House of Representatives shall be entitled to
expedited floor procedures under this subsection.
(C) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the
Senate then receives the companion measure from the
House of Representatives, the companion measure shall
not be debatable.
(D) Consideration after passage.--
(i) <>  In general.--If
Congress passes a joint resolution, the period
beginning on the date the President is presented
with the joint resolution and ending on the date
the President signs, allows to become law without
his signature, or vetoes and returns the joint
resolution (but excluding days when either House
is not in session) shall be disregarded in
computing the calendar day period described in
subsection (d).
(ii) Debate on a veto message.--Debate on a
veto message in the Senate under this subsection
shall be 1 hour equally divided between the
majority and minority leaders or their designees.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) <>  as an exercise of the
rulemaking power of the Senate and House of
Representatives, respectively, and as such it is deemed
a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be
followed in that House in the case of a joint
resolution, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of that House.

[[Page 571]]

This Act may be cited as the ``Continuing Appropriations Act,
2014''.

Approved October 17, 2013.

LEGISLATIVE HISTORY--H.R. 2775:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 159 (2013):
Sept. 12, considered and passed House.
Oct. 16, considered and passed Senate, amended; House
concurred in Senate amendments.