U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. AMENDMENT NO.llll Calendar No.lll Purpose: To perfect the joint resolution. IN THE SENATE OF THE UNITED STATES—113th Cong., 1st Sess. H. J. Res. 59 Making continuing appropriations for fiscal year 2014, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. REID (for himself and Ms. MIKULSKI) Viz: 1 Strike all after the first word and insert the following: 2 the following sums are hereby appropriated, out of any 3 money in the Treasury not otherwise appropriated, and 4 out of applicable corporate or other revenues, receipts, and 5 funds, for the several departments, agencies, corporations, 6 and other organizational units of Government for fiscal 7 year 2014, and for other purposes, namely: 8 SEC. 101. (a) Such amounts as may be necessary, 9 at a rate for operations as provided in the applicable ap10 propriations Acts for fiscal year 2013 and under the au11 thority and conditions provided in such Acts, for con12 tinuing projects or activities (including the costs of direct 2 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 loans and loan guarantees) that are not otherwise specifi2 cally provided for in this joint resolution, that were con3 ducted in fiscal year 2013, and for which appropriations, 4 funds, or other authority were made available in the fol5 lowing appropriations Acts: 6 (1) The Agriculture, Rural Development, Food 7 and Drug Administration, and Related Agencies Ap8 propriations Act, 2013 (division A of Public Law 9 113–6), except section 735. 10 (2) The Commerce, Justice, Science, and Re11 lated Agencies Appropriations Act, 2013 (division B 12 of Public Law 113–6). 13 (3) The Department of Defense Appropriations 14 Act, 2013 (division C of Public Law 113–6). 15 (4) The Department of Homeland Security Ap16 propriations Act, 2013 (division D of Public Law 17 113–6). 18 (5) The Military Construction and Veterans Af19 fairs, and Related Agencies Appropriations Act, 20 2013 (division E of Public Law 113–6). 21 (6) The Full-Year Continuing Appropriations 22 Act, 2013 (division F of Public Law 113–6). 23 (b) The rate for operations provided by subsection (a) 24 for each account shall be calculated to reflect the full 3 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 amount of any reduction required in fiscal year 2013 pur2 suant to— 3 (1) any provision of division G of the Consoli4 dated and Further Continuing Appropriations Act, 5 2013 (Public Law 113–6), including section 3004; 6 and 7 (2) the Presidential sequestration order dated 8 March 1, 2013, except as attributable to budget au9 thority made available by— 10 (A) sections 140(b) or 141(b) of the Con11 tinuing Appropriations Resolution, 2013 (Public 12 Law 112–175); or 13 (B) the Disaster Relief Appropriations Act, 14 2013 (Public Law 113–2). 15 SEC. 102. (a) No appropriation or funds made avail16 able or authority granted pursuant to section 101 for the 17 Department of Defense shall be used for: (1) the new pro18 duction of items not funded for production in fiscal year 19 2013 or prior years; (2) the increase in production rates 20 above those sustained with fiscal year 2013 funds; or (3) 21 the initiation, resumption, or continuation of any project, 22 activity, operation, or organization (defined as any project, 23 subproject, activity, budget activity, program element, and 24 subprogram within a program element, and for any invest25 ment items defined as a P–1 line item in a budget activity 4 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 within an appropriation account and an R–1 line item that 2 includes a program element and subprogram element with3 in an appropriation account) for which appropriations, 4 funds, or other authority were not available during fiscal 5 year 2013. 6 (b) No appropriation or funds made available or au7 thority granted pursuant to section 101 for the Depart8 ment of Defense shall be used to initiate multi-year pro9 curements utilizing advance procurement funding for eco10 nomic order quantity procurement unless specifically ap11 propriated later. 12 SEC. 103. Appropriations made by section 101 shall 13 be available to the extent and in the manner that would 14 be provided by the pertinent appropriations Act. 15 SEC. 104. Except as otherwise provided in section 16 102, no appropriation or funds made available or author17 ity granted pursuant to section 101 shall be used to ini18 tiate or resume any project or activity for which appro19 priations, funds, or other authority were not available dur20 ing fiscal year 2013. 21 SEC. 105. Appropriations made and authority grant22 ed pursuant to this joint resolution shall cover all obliga23 tions or expenditures incurred for any project or activity 24 during the period for which funds or authority for such 25 project or activity are available under this joint resolution. 5 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 SEC. 106. Unless otherwise provided for in this joint 2 resolution or in the applicable appropriations Act for fiscal 3 year 2014, appropriations and funds made available and 4 authority granted pursuant to this joint resolution shall 5 be available until whichever of the following first occurs: 6 (1) the enactment into law of an appropriation for any 7 project or activity provided for in this joint resolution; (2) 8 the enactment into law of the applicable appropriations 9 Act for fiscal year 2014 without any provision for such 10 project or activity; or (3) November 15, 2013. 11 SEC. 107. Expenditures made pursuant to this joint 12 resolution shall be charged to the applicable appropriation, 13 fund, or authorization whenever a bill in which such appli14 cable appropriation, fund, or authorization is contained is 15 enacted into law. 16 SEC. 108. Appropriations made and funds made 17 available by or authority granted pursuant to this joint 18 resolution may be used without regard to the time limita19 tions for submission and approval of apportionments set 20 forth in section 1513 of title 31, United States Code, but 21 nothing in this joint resolution may be construed to waive 22 any other provision of law governing the apportionment 23 of funds. 24 SEC. 109. Notwithstanding any other provision of 25 this joint resolution, except section 106, for those pro6 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 grams that would otherwise have high initial rates of oper2 ation or complete distribution of appropriations at the be3 ginning of fiscal year 2014 because of distributions of 4 funding to States, foreign countries, grantees, or others, 5 such high initial rates of operation or complete distribu6 tion shall not be made, and no grants shall be awarded 7 for such programs funded by this joint resolution that 8 would impinge on final funding prerogatives. 9 SEC. 110. This joint resolution shall be implemented 10 so that only the most limited funding action of that per11 mitted in the joint resolution shall be taken in order to 12 provide for continuation of projects and activities. 13 SEC. 111. (a) For entitlements and other mandatory 14 payments whose budget authority was provided in appro15 priations Acts for fiscal year 2013, and for activities under 16 the Food and Nutrition Act of 2008, activities shall be 17 continued at the rate to maintain program levels under 18 current law, under the authority and conditions provided 19 in the applicable appropriations Act for fiscal year 2013, 20 to be continued through the date specified in section 21 106(3). 22 (b) Notwithstanding section 106, obligations for man23 datory payments due on or about the first day of any 24 month that begins after October 2013 but not later than 25 30 days after the date specified in section 106(3) may con7 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 tinue to be made, and funds shall be available for such 2 payments. 3 SEC. 112. Amounts made available under section 101 4 for civilian personnel compensation and benefits in each 5 department and agency may be apportioned up to the rate 6 for operations necessary to avoid furloughs within such de7 partment or agency, consistent with the applicable appro8 priations Act for fiscal year 2013, except that such author9 ity provided under this section shall not be used until after 10 the department or agency has taken all necessary actions 11 to reduce or defer non-personnel-related administrative ex12 penses. 13 SEC. 113. Funds appropriated by this joint resolution 14 may be obligated and expended notwithstanding section 10 15 of Public Law 91–672 (22 U.S.C. 2412), section 15 of 16 the State Department Basic Authorities Act of 1956 (22 17 U.S.C. 2680), section 313 of the Foreign Relations Au18 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 19 6212), and section 504(a)(1) of the National Security Act 20 of 1947 (50 U.S.C. 3094(a)(1)). 21 SEC. 114. (a) Each amount incorporated by reference 22 in this joint resolution that was previously designated by 23 the Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A) of the 25 Balanced Budget and Emergency Deficit Control Act of 8 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 1985 or as being for disaster relief pursuant to section 2 251(b)(2)(D) of such Act is designated by the Congress 3 for Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A) of such Act or 5 as being for disaster relief pursuant to section 6 251(b)(2)(D) of such Act, respectively. 7 (b) Of the amounts made available by section 101 8 for ‘‘Social Security Administration, Limitation on Admin9 istrative Expenses’’ for the cost associated with continuing 10 disability reviews under titles II and XVI of the Social 11 Security Act and for the cost associated with conducting 12 redeterminations of eligibility under title XVI of the Social 13 Security Act, $273,000,000 is provided to meet the terms 14 of section 251(b)(2)(B)(ii)(III) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985, as amended, 16 and $469,639,000 is additional new budget authority 17 specified for purposes of section 251(b)(2)(B) of such Act. 18 (c) Section 5 of Public Law 113–6 shall apply to 19 amounts designated in subsection (a) for Overseas Contin20 gency Operations/Global War on Terrorism. 21 SEC. 115. Section 3003 of division G of Public Law 22 113–6 shall be applied to funds appropriated by this joint 23 resolution by substituting ‘‘fiscal year 2014’’ for ‘‘fiscal 24 year 2013’’ each place it appears. 9 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 SEC. 116. Section 408 of the Food for Peace Act (7 2 U.S.C. 1736b) shall be applied by substituting the date 3 specified in section 106(3) of this joint resolution for ‘‘De4 cember 31, 2012’’. 5 SEC. 117. Amounts made available under section 101 6 for ‘‘Department of Commerce—National Oceanic and At7 mospheric Administration—Procurement, Acquisition and 8 Construction’’ may be apportioned up to the rate for oper9 ations necessary to maintain the planned launch schedules 10 for the Joint Polar Satellite System and the Geostationary 11 Operational Environmental Satellite system. 12 SEC. 118. The authority provided by sections 1205 13 and 1206 of the National Defense Authorization Act for 14 Fiscal Year 2012 (Public Law 112–81) shall continue in 15 effect, notwithstanding subsection (h) of section 1206, 16 through the earlier of the date specified in section 106(3) 17 of this joint resolution or the date of the enactment of 18 an Act authorizing appropriations for fiscal year 2014 for 19 military activities of the Department of Defense. 20 SEC. 119. Section 14704 of title 40, United States 21 Code, shall be applied to amounts made available by this 22 joint resolution by substituting the date specified in sec23 tion 106(3) of this joint resolution for ‘‘October 1, 2012’’. 24 SEC. 120. Notwithstanding any other provision of 25 this joint resolution, except section 106, the District of 10 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 Columbia may expend local funds under the heading ‘‘Dis2 trict of Columbia Funds’’ for such programs and activities 3 under title IV of H.R. 2786 (113th Congress), as reported 4 by the Committee on Appropriations of the House of Rep5 resentatives, at the rate set forth under ‘‘District of Co6 lumbia Funds—Summary of Expenses’’ as included in the 7 Fiscal Year 2014 Budget Request Act of 2013 (D.C. Act 8 20–127), as modified as of the date of the enactment of 9 this joint resolution. 10 SEC. 121. Notwithstanding section 101, amounts are 11 provided for ‘‘The Judiciary—Courts of Appeals, District 12 Courts, and Other Judicial Services—Defender Services’’ 13 at a rate for operations of $1,012,000,000. 14 SEC. 122. For the period covered by this joint resolu15 tion, section 550(b) of Public Law 109–295 (6 U.S.C. 121 16 note) shall be applied by substituting the date specified 17 in section 106(3) of this joint resolution for ‘‘October 4, 18 2013’’. 19 SEC. 123. The authority provided by section 532 of 20 Public Law 109–295 shall continue in effect through the 21 date specified in section 106(3) of this joint resolution. 22 SEC. 124. The authority provided by section 831 of 23 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 24 continue in effect through the date specified in section 25 106(3) of this joint resolution. 11 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 SEC. 125. (a) Any amounts made available pursuant 2 to section 101 for ‘‘Department of Homeland Security— 3 U.S. Customs and Border Protection—Salaries and Ex4 penses’’, ‘‘Department of Homeland Security—U.S. Cus5 toms and Border Protection—Border Security Fencing, 6 Infrastructure, and Technology’’, and ‘‘Department of 7 Homeland Security—U.S. Immigration and Customs En8 forcement—Salaries and Expenses’’ shall be obligated at 9 a rate for operations as necessary to respectively— 10 (1) sustain the staffing levels of U.S. Customs 11 and Border Protection Officers, equivalent to the 12 staffing levels achieved on September 30, 2013, and 13 comply with the last proviso under the heading ‘‘De14 partment of Homeland Security—U.S. Customs and 15 Border Protection—Salaries and Expenses’’ in divi16 sion D of Public Law 113–6; 17 (2) sustain border security operations, including 18 sustaining the operation of Tethered Aerostat Radar 19 Systems; and 20 (3) sustain the staffing levels of U.S. Immigra21 tion and Customs Enforcement agents, equivalent to 22 the staffing levels achieved on September 30, 2013, 23 and comply with the sixth proviso under the heading 24 ‘‘Department of Homeland Security—U.S. Immigra12 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 tion and Customs Enforcement—Salaries and Ex2 penses’’ in division D of Public Law 113–6. 3 (b) The Secretary of Homeland Security shall notify 4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate on each use of the authority 6 provided in this section. 7 SEC. 126. In addition to the amount otherwise pro8 vided by section 101 for ‘‘Department of the Interior— 9 Department-wide Programs—Wildland Fire Manage10 ment’’, there is appropriated $36,000,000 for an addi11 tional amount for fiscal year 2014, to remain available 12 until expended, for urgent wildland fire suppression activi13 ties: Provided, That of the funds provided, $15,000,000 14 is for burned area rehabilitation: Provided further, That 15 such funds shall only become available if funds previously 16 provided for wildland fire suppression will be exhausted 17 imminently and the Secretary of the Interior notifies the 18 Committees on Appropriations of the House of Represent19 atives and the Senate in writing of the need for these addi20 tional funds: Provided further, That such funds are also 21 available for transfer to other appropriations accounts to 22 repay amounts previously transferred for wildfire suppres23 sion. 24 SEC. 127. In addition to the amount otherwise pro25 vided by section 101 for ‘‘Department of Agriculture— 13 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 Forest Service—Wildland Fire Management’’, there is ap2 propriated $600,000,000 for an additional amount for fis3 cal year 2014, to remain available until expended, for ur4 gent wildland fire suppression activities: Provided, That 5 such funds shall only become available if funds previously 6 provided for wildland fire suppression will be exhausted 7 imminently and the Secretary of Agriculture notifies the 8 Committees on Appropriations of the House of Represent9 atives and the Senate in writing of the need for these addi10 tional funds: Provided further, That such funds are also 11 available for transfer to other appropriations accounts to 12 repay amounts previously transferred for wildfire suppres13 sion. 14 SEC. 128. The authority provided by section 347 of 15 the Department of the Interior and Related Agencies Ap16 propriations Act, 1999 (as contained in section 101(e) of 17 division A of Public Law 105–277; 16 U.S.C. 2104 note) 18 shall continue in effect through the date specified in sec19 tion 106(3) of this joint resolution. 20 SEC. 129. The authority provided by subsection 21 (m)(3) of section 8162 of the Department of Defense Ap22 propriations Act, 2000 (40 U.S.C. 8903 note; Public Law 23 106–79), as amended, shall continue in effect through the 24 date specified in section 106(3) of this joint resolution. 14 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 SEC. 130. Activities authorized under part A of title 2 IV and section 1108(b) of the Social Security Act (except 3 for activities authorized in section 403(b)) shall continue 4 through the date specified in section 106(3) of this joint 5 resolution in the manner authorized for fiscal year 2013, 6 and out of any money in the Treasury of the United States 7 not otherwise appropriated, there are hereby appropriated 8 such sums as may be necessary for such purpose. 9 SEC. 131. Notwithstanding section 101, the matter 10 under the heading ‘‘Department of Labor—Mine Safety 11 and Health Administration—Salaries and Expenses’’ in 12 division F of Public Law 112–74 shall be applied to funds 13 appropriated by this joint resolution by substituting ‘‘is 14 authorized to collect and retain up to $2,499,000’’ for 15 ‘‘may retain up to $1,499,000’’. 16 SEC. 132. The first proviso under the heading ‘‘De17 partment of Health and Human Services—Administration 18 for Children and Families—Low Income Home Energy 19 Assistance’’ in division F of Public Law 112–74 shall be 20 applied to amounts made available by this joint resolution 21 by substituting ‘‘2014’’ for ‘‘2012’’. 22 SEC. 133. Amounts provided by section 101 for ‘‘De23 partment of Health and Human Services—Administration 24 for Children and Families—Refugee and Entrant Assist25 ance’’ may be obligated up to a rate for operations nec15 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 essary to maintain program operations at the level pro2 vided in fiscal year 2013, as necessary to accommodate 3 increased demand. 4 SEC. 134. During the period covered by this joint res5 olution, amounts provided under section 101 for ‘‘Depart6 ment of Health and Human Services—Office of the Sec7 retary—Public Health and Social Services Emergency 8 Fund’’ may be obligated at a rate necessary to assure 9 timely execution of planned advanced research and devel10 opment contracts pursuant to section 319L of the Public 11 Health Service Act, to remain available until expended, for 12 expenses necessary to support advanced research and de13 velopment pursuant to section 319L of the Public Health 14 Service Act (42 U.S.C. 247d–7e) and other administrative 15 expenses of the Biomedical Advanced Research and Devel16 opment Authority. 17 SEC. 135. Notwithstanding any other provision of 18 this joint resolution, there is appropriated for payment to 19 Bonnie Englebardt Lautenberg, widow of Frank R. Lau20 tenberg, late a Senator from New Jersey, $174,000. 21 SEC. 136. Notwithstanding section 101, amounts are 22 provided for ‘‘Department of Veterans Affairs—Depart23 mental Administration—General Operating Expenses, 24 Veterans Benefits Administration’’ at a rate for operations 25 of $2,455,490,000. 16 U:\2014REPT\14rept\2014 CR Amendment R.xml SEN. APPRO. 1 SEC. 137. The authority provided by the penultimate 2 proviso under the heading ‘‘Department of Housing and 3 Urban Development—Rental Assistance Demonstration’’ 4 in division C of Public Law 112–55 shall continue in effect 5 through the date specified in section 106(3) of this joint 6 resolution. 7 This joint resolution may be cited as the ‘‘Continuing 8 Appropriations Resolution, 2014’’.
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