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H.R. 2775 (113th): Continuing Appropriations Act, 2014

This was the "vehicle" for passage of the bill that ended the government shutdown and raised the debt ceiling. This bill was introduced regarding an unrelated matter. It had been passed by the House. On Oct. 16, the Senate amended the text of the bill, rewriting it completely with the negotiated deal. The Senate then passed the revised bill and sent it back to the House for a final vote. The revised text will appear on GovTrack in the next few days, after it is printed by the Government Printing Office.
Last updated Oct 16, 2013. View all GovTrack summaries.

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/17/2013--Public Law. Continuing Appropriations Act, 2014 - Division A: Continuing Appropriations Act, 2014 - Makes continuing appropriations for FY2014.

(Sec. 101) Appropriates amounts for continuing operations, projects, or activities which were conducted in FY2013 and for which appropriations, funds, or other authority were made available in:

the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 (division A of P.L. 113-6), except for a provision of such Act concerning movement of plant pests under a temporary permit; the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of P.L. 113-6); the Department of Defense Appropriations Act, 2013 (division C of P.L. 113-6); the Department of Homeland Security Appropriations Act, 2013 (division D of P.L. 113-6); the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2013 (division E of P.L. 113-6); and the Full-Year Continuing Appropriations Act, 2013 (division F of P.L. 113-6). Requires the rate for operations for each account to be calculated to reflect the full amount of any reduction required in FY2013 pursuant to:

any provision of division G of the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6); and the presidential sequestration order dated March 1, 2013, except as attributable to budget authority made available by: (1) the Continuing Appropriations Resolution, 2013 (P.L. 112-175); or (2) the Disaster Relief Appropriations Act, 2013 (P.L. 113-2). (Sec. 102) Bars the use of Department of Defense (DOD) appropriations or funds made available or authority granted in this joint resolution for: (1) the new production of items not funded for production in FY2013 or prior years; (2) the increase in production rates above those sustained with FY2013 funds; (3) the initiation, resumption, or continuation of specified projects, activities, or operations for which appropriations, funds, or other authority were not available during FY2013; or (4) the initiation of multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.

(Sec. 106) Provides funding under this joint resolution until whichever of the following first occurs: (1) enactment of an appropriation for any project or activity provided for in it, (2) enactment of the applicable appropriations Act for FY2014 without any provision for such project or activity, or (3) January 15, 2014.

(Sec. 109) Prohibits high initial rates of operation or complete distribution of appropriations at the beginning of FY2014 for those programs that would otherwise have them because of distributions of funding to states, foreign countries, grantees, or others. Prohibits also the awarding of grants for any programs funded by this joint resolution that would impinge on final funding prerogatives.

(Sec. 110) Declares that this joint resolution shall be implemented so that only the most limited funding action permitted shall be taken in order to provide for continuation of projects and activities.

(Sec. 111) Continues funding through January 15, 2014, at the FY2013 level for entitlements and other mandatory payments whose budget authority was provided in FY2013 appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

(Sec. 112) Authorizes amounts made available under this joint resolution for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate for operations necessary to avoid furloughs, consistent with the applicable FY2013 appropriations Act. Prohibits use of this authority until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.

(Sec. 114) Continues designation of each amount incorporated by reference in this joint resolution that was previously designated by Congress for Overseas Contingency Operations/Global War on Terrorism or for disaster relief, respectively. Allows such funds to be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and notifies Congress.

Provides additional new budget authority from amounts made available under this joint resolution for the Social Security Administration (SSA) for continuing disability reviews and redeterminations.

(Sec. 115) Provides for the compensation of federal employees (including employees of the District of Columbia Courts, the Public Defender Service for the District of Columbia, or the District of Columbia government) furloughed as a result of any lapse in appropriations that began on or about October 1, 2013, at their standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse ends.

(Sec. 116) Provides for the reimbursement of a state (or another federal grantee) that used its funds to continue carrying out a federal program during a lapse of appropriations and for the compensation of their furloughed employees.

(Sec. 117) Charges expenditures made pursuant to the Pay Our Military Act (P.L. 113-39) to the applicable appropriation, fund, or authorization provided in this joint resolution.

(Sec. 118) Provides that the time covered by this joint resolution shall be considered to have begun on October 1, 2013.

(Sec. 119) Applies to funds made available under this joint resolution for FY2014 certain requirements and prohibitions of the Consolidated and Further Continuing Appropriations Act, 2013, namely:

the requirement that the head of any executive branch department, agency, board, commission, or office funded by this or any other appropriations Act report annually to the Inspector General (IG) (or senior ethics official for any federal entity without an IG) regarding the costs and contracting procedures related to each conference held by any such entity during FY2014 for which the cost to the federal government was more than $100,000; the requirement that the head of any federal entity, within 15 days of any conference it held for which the cost was over $20,000, notify the IG or the senior ethics official of the date, location, and number of employees attending such conference; the prohibition against the use of federal grants or contracts by an executive branch agency to defray the costs of such a conference not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract; and the prohibition against the use of federal funds for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012. (Sec. 120) Amends the Food for Peace Act to extend through January 15, 2014, authority for agreements to finance sales or to provide other assistance.

(Sec. 121) Allows amounts made available for the "Department of Commerce--National Oceanic and Atmospheric Administration (NOAA)--Procurement, Acquisition and Construction" to 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) Continues through the earlier of January 15, 2014, or the enactment of an authorization of FY2014 appropriations for DOD military activities, the DOD Secretary's authority to provide logistic support, supplies, and services for foreign forces, including the national military forces of Uganda, participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army.

(Sec. 123) Authorizes increased funding for the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky.

(Sec. 124) Extends through January 15, 2014, specified federal law relating to Appalachian regional development.

(Sec. 125) Provides funding for "The Judiciary--Courts of Appeals, District Courts, and Other Judicial Services--Salaries and Expenses."

(Sec. 126) Provides funding for "The Judiciary--Courts of Appeals, District Courts, and Other Judicial Services--Defender Services" at a specified rate for operations.

(Sec. 127) Authorizes the District of Columbia to expend local funds for certain programs and activities.

(Sec. 128) Extends until January 15, 2014, provisions rendering the Antideficiency Act inapplicable to: (1) any amount collected or received as federal universal service contributions, or (2) the expenditure or obligation of amounts attributable to such contributions.

(Sec. 129) Provides funding for the Privacy and Civil Liberties Oversight Board.

(Sec. 130) Continues through January 15, 2014, the requirement that the Secretary of Homeland Security (DHS) issue interim final regulations establishing risk-based performance standards for the security of chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for chemical facilities that meet specified requirements.

(Sec. 131) Continues through January 15, 2014, the authority of the U.S. Secret Service to use appropriated funds and proceeds from undercover investigative operations for specified purposes.

(Sec. 132) Continues through January 15, 2014, the DHS Secretary's authority to carry out a pilot program for: (1) basic, applied, and advanced research and development projects for response to existing or emerging terrorist threats; and (2) defense prototype projects.

(Sec. 133) Requires any amounts made available pursuant to this joint resolution for the "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 necessary operations to respectively sustain:

the staffing levels of CBP Officers, equivalent to the staffing levels achieved on September 30, 2013, and comply with specified requirements of the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6); border security operations, including sustaining the operation of Tethered Aerostat Radar Systems; necessary Air and Marine operations; and the staffing levels of ICE agents, equivalent to the staffing levels achieved on September 30, 2013, and comply with specified requirements of P.L. 113-6. Requires the DHS Secretary to notify congressional appropriations committees on each use of such authority.

(Sec. 134) Continues until December 8, 2015, the authority for the collection of fees at federal recreation lands and waters under the Federal Lands Recreation Enhancement Act.

(Sec. 135) Appropriates additional funding for FY2014 for wildland fire management programs of the Department of the Interior and the Forest Service of the Department of Agriculture, to remain available until expended for urgent wildland fire suppression activities.

(Sec. 137) Continues through January 15, 2014, the authority of the Forest Service:

to enter into up to 28 contracts with private persons (of which Region One of the Forest Service shall have authority to enter into nine) to perform services to achieve land management goals for national forests that meet local and rural community needs; and to apply the value of timber or other forest products removed as an offset against the cost of services received under a contract. (Sec. 138) Continues in effect the authority for the Dwight D. Eisenhower Memorial Commission until the earlier of enactment of FY2014 appropriations or January 15, 2014. Suspends certain authorities relating to procurement and permits for such Memorial.

(Sec. 139) Extends through January 15, 2014, activities authorized by part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in the manner authorized for FY2013. Makes appropriations for such purpose. Excludes from this extension, however, activities otherwise authorized for: (1) the Contingency Fund for State Welfare Programs in the Treasury; and (2) funding of certain TANF research, evaluations, national studies, and demonstrations.

(Sec. 140) Applies to funds made available under this joint resolution for FY2014 certain authority granted to the Mine Safety and Health Administration of the Department of Labor in the Consolidated Appropriations Act, 2012 (CAA-2012) to: (1) collect and retain up to $2.499 million (currently, retention of up to $1.499 million) from fees collected for approval and certification of equipment, materials, and explosives for use in mines; and (2) use the funds for such activities.

(Sec. 141) Applies to funds made available under this joint resolution for FY2014 the treatment of funds for low-income home energy assistance payments for FY2012 under the CAA-2012, which requires that all but a specified portion of such funds be allocated as though the total appropriation for such payments for FY2012 was less than $1.975 billion.

(Sec. 142) Provides funding for "Department of Health and Human Services (HHS)--Administration for Children and Families--Refugee and Entrant Assistance" at a specified rate for operations. Allows obligation of such amounts up to a rate for operations necessary to maintain program operations at the FY2013 level to accommodate increased demand.

(Sec. 143) Authorizes obligation, during the period covered by this joint resolution, of amounts provided for the HHS Public Health and Social Services Emergency Fund 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 and other administrative expenses of the Biomedical Advanced Research and Development Authority.

(Sec. 144) Extends through the 2015-2016 academic year the definition of a "highly qualified teacher" that includes any teacher who participates in an alternative route to a certification program meeting specified requirements.

(Sec. 145) Makes appropriations for payment to Bonnie Englebardt Lautenberg, widow of Frank R. Lautenberg, late a Senator from New Jersey.

(Sec. 146) Disallows any cost of living adjustment to the annual rate of pay of Members of Congress during FY2014.

(Sec. 147) Provides funding for "Department of Veterans Affairs (VA)--Departmental Administration--General Operating Expenses, Veterans Benefits Administration" at a specified rate for operations.

(Sec. 148) Continues through January 15, 2014, the authority of the Secretary of Housing and Urban Development (HUD) under the Consolidated and Further Continuing Appropriations Act, 2012 to waive or alter certain project-based assistance requirements for owners of certain properties assisted under the Housing and Urban Development Act of 1965, the National Housing Act, or section 8 (voucher program) of the United States Housing Act of 1937. (Makes such owners, under specified conditions, eligible for conversion of tenant-based vouchers to project-based vouchers.)

(Sec. 149) Provides funding for "Department of Transportation--Federal Aviation Administration--Operations."

(Sec. 150) Extends until January 15, 2014, the deadline for providing access to wireless service in the Washington, DC Metrorail System.

(Sec. 151) Provides funding for "Maritime Administration--Maritime Security Program."

(Sec. 152) Extends through January 15, 2014, the program for war risk insurance and reinsurance against loss or damage arising out of any risk from the operation of a domestic or foreign aircraft.

(Sec. 153) Extends through January 15, 2014, limited air carrier liability for third party claims arising out of acts of terrorism.

(Sec. 154) Extends until January 15, 2014, the authority of the Secretary of Transportation to provide aviation insurance and reinsurance.

(Sec. 155) Authorizes the Secretary of Transportation to obligate funds on an emergency basis for relief projects in Colorado arising from damage cause by flooding in that state in 2013.

(Sec. 157) Requires the Secretary of DHS to submit copies of reports or expenditure plans required by this Act to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs.

Division B: Other Matters - (Sec. 1001) Requires the Secretary of HHS to: (1) ensure that American Health Benefit Exchanges (health care exchanges) verify that individuals applying for premium tax credits and reductions in cost-sharing for the purchase of qualified health benefit plans under the Patient Protection and Affordable Care Act (PPACA) are eligible for such credits and cost sharing reductions consistent with PPACA requirements; and (2) prior to making such credits and reductions available, certify to Congress that the Exchanges verify such eligibility. Requires the Secretary to report to Congress detailing the procedures employed by Exchanges to verify such eligibility.

Requires the Inspector General of HHS to report on the effectiveness of procedures and safeguards under PPACA for preventing the submission of inaccurate or fraudulent information by applicants for enrollment in a qualified health plan.

(Sec. 1002) Default Prevention Act of 2013 - Allows the President, within three days after enactment of this Act, to certify to Congress that absent a suspension of the public debt limit, the Secretary of the Treasury would be unable to issue debt to meet existing commitments. Suspends the debt limit for the period beginning on the date on which the President submits to Congress such a certification and ending on February 7, 2014.

Increases the debt limit, effective February 8, 2014, to the extent that:

the face amount of such obligations outstanding on the date of enactment of this Act is exceeded by the total of the face amount of public debt obligations and the face amount of obligations whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on such date. Excludes an obligation under clause 2 (above) from being taken into account unless its issuance was necessary to fund a commitment incurred that required payment before February 8, 2014.

Establishes procedures for congressional disapproval, by enactment of a joint resolution within 22 days after receipt of a certification by the President, of the exercise of authority to suspend the debt limit under this Act. Includes in such a measure an alternate debt limit suspension period. Provides for expedited consideration of such a joint resolution in the House and Senate.