[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3547 Enrolled Bill (ENR)]
H.R.3547
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
Making consolidated 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
Sec. 4. Explanatory Statement.
Sec. 5. Statement of Appropriations.
Sec. 6. Availability of Funds.
Sec. 7. Technical Allowance for Estimating Differences.
Sec. 8. Launch Liability Extension.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Military Disability Retirement and Survivor Benefit Annuity
Restoration
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2014
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
Title I--Departmental Management and Operations
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2014
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
of Representatives section of the Congressional Record on or about
January 15, 2014 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2014.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act 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 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2014, new budget authority provided in
appropriation Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2014
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but not to exceed 0.2 percent of the sum of
the adjusted discretionary spending limits for all categories for that
fiscal year.
SEC. 8. LAUNCH LIABILITY EXTENSION.
Section 50915(f) of title 51, United States Code, is amended by
striking ``December 31, 2013'' and inserting ``December 31, 2016''.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $43,778,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $498,000 shall be available for
the Office of Tribal Relations; not to exceed $1,496,000 shall be
available for the Office of Homeland Security and Emergency
Coordination; not to exceed $1,209,000 shall be available for the
Office of Advocacy and Outreach; not to exceed $23,590,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $22,786,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department; not to exceed $3,869,000 shall be
available for the Office of Assistant Secretary for Congressional
Relations to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison within the
executive branch; and not to exceed $8,065,000 shall be available for
the Office of Communications: Provided, That the Secretary of
Agriculture is authorized to transfer funds appropriated for any office
of the Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $11,000 of the amount made available under
this paragraph for the immediate Office of the Secretary shall be
available for official reception and representation expenses, not
otherwise provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$16,777,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155 and shall be
obligated within 90 days of the enactment of this Act.
national appeals division
For necessary expenses of the National Appeals Division,
$12,841,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,064,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,031,000, of which not less than $27,000,000 is for
cybersecurity requirements of the Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,213,000: Provided, That no funds made available by this
appropriation may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on Appropriations
of both Houses of Congress and the Committee on Oversight and
Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $893,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,400,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $233,000,000, to remain available until expended, of
which $164,470,000 shall be available for payments to the General
Services Administration for rent; of which $13,800,000 is for payments
to the Department of Homeland Security for building security
activities; and of which $54,730,000 is for buildings operations and
maintenance expenses: Provided, That the Secretary may use unobligated
prior year balances of an agency or office that are no longer available
for new obligation to cover shortfalls incurred in prior year rental
payments for such agency or office: Provided further, That the
Secretary is authorized to transfer funds from a Departmental agency to
this account to recover the full cost of the space and security
expenses of that agency that are funded by this account when the actual
costs exceed the agency estimate which will be available for the
activities and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $3,592,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$89,902,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$41,202,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,440,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$78,058,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $161,206,000, of which up to $44,545,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,122,482,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for
10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That section 732(b) of division A
of Public Law 112-55 (125 Stat. 587) is amended by adding at the end
the following new sentence: ``The conveyance authority provided by this
subsection expires September 30, 2015, and all conveyances under this
subsection must be completed by that date.'': Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or
operating any research facility or research project of the Agricultural
Research Service, as authorized by law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$772,559,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, Critical Agricultural Materials Act,
veterinary medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants management
systems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen
program receives no less than $1,000,000: Provided further, That funds
for education grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally to each
of the States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $469,191,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $35,317,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2015.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$821,721,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $12,720,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $35,339,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $697,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $52,340,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $151,500,000, to remain available until
expended, shall be for specialty crop pests; of which, $8,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $54,000,000, to remain available until
expended, shall be for tree and wood pests; of which $3,722,000, to
remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$1,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums
as may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year
shall be merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2014, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$79,914,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,435,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,056,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,363,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,261,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $811,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,010,689,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2014 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That the Food
Safety and Inspection Service shall continue implementation of section
11016 of Public Law 110-246: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $893,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,177,926,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,782,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,526,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,000,000,000 for guaranteed farm ownership loans and
$575,000,000 for farm ownership direct loans; $1,500,000,000 for
unsubsidized guaranteed operating loans and $1,195,620,000 for direct
operating loans; emergency loans, $34,658,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership,
$4,428,000 for direct loans; farm operating loans, $65,520,000 for
direct operating loans, $18,300,000 for unsubsidized guaranteed
operating loans, emergency loans, $1,698,000, to remain available until
expended; and Indian highly fractionated land loans, $68,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,719,000, of which
$306,998,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $71,496,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $893,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$812,939,000, to remain available until September 30, 2015: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$203,424,000: Provided, That no less than $20,000,000 shall be for the
Comprehensive Loan Accounting System: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support the Rural Development mission area: Provided further,
That any balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business--Cooperative
Service salaries and expenses accounts shall be transferred to and
merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $900,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $26,280,000 for section 504
housing repair loans; $28,432,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $24,480,000 shall be for
direct loans; section 504 housing repair loans, $2,176,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$6,656,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under this
paragraph for section 502 direct loans, no less than $5,000,000 shall
be available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2014.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $13,992,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That any
balances available for the Farm Labor Program Account shall be
transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $415,100,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$1,110,000,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a 1-year period: Provided further, That any unexpended
balances remaining at the end of such 1-year agreements may be
transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing projects;
preservation; and rental assistance activities authorized under title V
of the Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2014 for a farm labor
multi-family housing project financed under section 514 or 516 of the
Act may not be recaptured for use in another project until such
assistance has remained unused for a period of 12 consecutive months,
if such project has a waiting list of tenants seeking such assistance
or the project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under section
514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $32,575,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $12,575,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$20,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $32,239,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,200,000,000 for direct loans and $59,543,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,775,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $28,745,000, to remain
available until expended: Provided, That $5,967,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,778,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in subsections (f) and (g) of section 310B and section 381E(d)(3) of
the Consolidated Farm and Rural Development Act, $96,539,000, to remain
available until expended: Provided, That of the amount appropriated
under this heading, not to exceed $500,000 shall be made available for
one grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development and $3,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5 percent may be
used for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to promote
economic development: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $18,889,000.
For the cost of direct loans, $4,082,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $531,000
shall be available through June 30, 2014, for Federally Recognized
Native American Tribes; and of which $1,021,000 shall be available
through June 30, 2014, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,439,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $172,000,000 shall not be obligated and $172,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,050,000, of which $2,250,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $3,500,000: Provided,
That the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $462,371,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $66,500,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act, Federally recognized
Native American Tribes authorized by 306C(a)(1), and the Department of
Hawaiian Home Lands (of the State of Hawaii): Provided further, That
funding provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $19,000,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $6,000,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $15,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
For gross obligations for the principal amount of direct loans as
authorized by section 1006a of title 16 of the United States Code,
except for the limitations contained in the last sentence of such
section as well as limitations in section 1002 of title 16, as
determined by the Secretary, for projects whose features include
agricultural water supply benefits, groundwater protection, and
environmental enhancement, $40,000,000: Provided, That such loans
shall be made by the Rural Utilities Service: Provided further, That
the Secretary may treat these projects as works of improvement pursuant
to Public Law 83-566: Provided further, That the Secretary may adopt a
watershed plan developed by the Army Corps of Engineers with respect to
such projects.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305 and 306 of the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936) shall be made as follows: loans made pursuant to
section 306 of that Act, rural electric, $5,000,000,000; guaranteed
underwriting loans pursuant to section 313A, $500,000,000; 5 percent
rural telecommunications loans, cost of money rural telecommunications
loans, and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, or
improvement of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,478,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$34,483,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $24,323,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section:
Provided further, That $2,000,000 shall be made available to those
noncommercial educational television broadcast stations that serve
rural areas and are qualified for Community Service Grants by the
Corporation for Public Broadcasting under section 396(k) of the
Communications Act of 1934, including associated translators and
repeaters, regardless of the location of their main transmitter,
studio-to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $4,500,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $811,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $19,287,957,000, to remain available through September 30,
2015, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier meals,
improve food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,715,841,000, to remain available
through September 30, 2015, of which such sums as are necessary to
restore the contingency reserve to $125,000,000 shall be placed in
reserve, to remain available until expended, to be allocated as the
Secretary deemed necessary, notwithstanding section 17(i) of such Act,
to support participation should cost or participation exceed budget
estimates: Provided, That notwithstanding section 17(h)(10) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, $14,000,000 shall be used for infrastructure, and
$30,000,000 shall be used for management information systems: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That upon
termination of a federally-mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $82,169,945,000, of which $3,000,000,000,
to remain available through September 30, 2015, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally recognized
tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available until
expended, notwithstanding section 16(h)(1) of the Food and Nutrition
Act of 2008: Provided further, That funds made available under this
heading for section 28(d)(1) of the Food and Nutrition Act of 2008
shall remain available through September 30, 2015: Provided further,
That funds made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $269,701,000, to
remain available through September 30, 2015: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2014 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2015: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$141,348,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $177,863,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the agricultural
food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $2,735,000, shall be transferred to and merged
with the appropriation for ``Farm Service Agency, Salaries and
Expenses'': Provided, That funds made available for the cost of
agreements under title I of the Agricultural Trade Development and
Assistance Act of 1954 and for title I ocean freight differential may
be used interchangeably between the two accounts with prior notice to
the Committees on Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480, as amended),
for commodities supplied in connection with dispositions abroad under
title II of said Act, $1,466,000,000, to remain available until
expended: Provided, That for purposes of funds appropriated under this
heading, in addition to amounts made available under section 202(e)(1)
of the Food for Peace Act, of the total amount provided under this
heading, $35,000,000 shall be made available pursuant to section
202(e)(1) of the Food for Peace Act to eligible organizations:
Provided further, That funds made available pursuant to section
202(e)(1) of the Food for Peace Act to eligible organizations may, in
addition to the purposes set forth in section 202(e)(1)(A)-(C), be made
available to assist such organizations to carry out activities
consistent with section 203(d)(1)-(3) of the Food for Peace Act:
Provided further, That notwithstanding any other provision of law, the
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any
amounts higher than those specified under this authority for fiscal
year 2009.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $185,126,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$6,748,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,394,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $4,346,670,000: Provided, That of the amount
provided under this heading, $760,000,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
credited to this account and remain available until expended;
$114,833,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; $305,996,000 shall be derived from human
generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be
credited to this account and remain available until expended;
$20,716,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $23,600,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$7,328,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $534,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended;
$12,925,000 shall be derived from food and feed recall fees authorized
by 21 U.S.C. 379j-31, and shall be credited to this account and remain
available until expended; $15,367,000 shall be derived from food
reinspection fees authorized by 21 U.S.C. 379j-31, and shall be
credited to this account and remain available until expended; and
amounts derived from voluntary qualified importer program fees
authorized by 21 U.S.C. 379j-31 shall be credited to this account and
remain available until expended: Provided further, That in addition
and notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and animal generic drug user fees that exceed
the respective fiscal year 2014 limitations are appropriated and shall
be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and animal generic drug assessments for fiscal year 2014, including any
such fees collected prior to fiscal year 2014 but credited for fiscal
year 2014, shall be subject to the fiscal year 2014 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2014 of user fees specified under this heading and authorized for
fiscal year 2015, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2015 for which the Secretary
accepts payment in fiscal year 2014 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $900,259,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $1,289,304,000 shall be for the Center for
Drug Evaluation and Research and related field activities in the Office
of Regulatory Affairs; (3) $337,543,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $173,207,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $408,918,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $62,494,000 shall be for the
National Center for Toxicological Research; (7) $501,476,000 shall be
for the Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) not to exceed $178,361,000 shall
be for Rent and Related activities, of which $61,922,000 is for White
Oak Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $219,907,000 shall be for
payments to the General Services Administration for rent; and (10)
$275,201,000 shall be for other activities, including the Office of the
Commissioner of Food and Drugs, the Office of Foods and Veterinary
Medicine, the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the Office of
the Chief Scientist, and central services for these offices: Provided
further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and
priority review user fees authorized by 21 U.S.C. 360n may be credited
to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $215,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which $35,000,000,
shall be for the purchase of information technology until September 30,
2015, and of which $1,420,000 shall be for the Office of the Inspector
General: Provided, That of the amounts made available for information
technology, the Chairman of the Commodity Futures Trading Commission
may transfer not to exceed $10,000,000 for salaries and expenses:
Provided further, That any transfer shall be subject to the
notification procedures set forth in section 721 of this Act with
respect to a reprogramming of funds and shall not be available for
obligation or expenditure except in compliance with such procedures.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $62,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That no
funds available to the Farm Credit Administration shall be used to
implement or enforce those portions of the final regulation published
in the Federal Register on October 3, 2012, (77 Fed. Reg. 60, 582-602),
establishing a requirement that Farm Credit System institutions hold an
advisory vote on officer compensation.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 69 passenger motor vehicles of which 69 shall be
for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 721 of this Act: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance
Center or to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
the limitation on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects over $25,000 prior to receipt of written approval by the
Chief Information Officer.
Sec. 707. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) of such Act in
the form of unrecovered indirect costs not otherwise charged against
the grant, consistent with the indirect rate of cost approved for a
recipient.
Sec. 710. Except as otherwise specifically provided by law,
unobligated balances from appropriations made available for salaries
and expenses in this Act for the Farm Service Agency and the Rural
Development mission area, shall remain available through September 30,
2015, for information technology expenses.
Sec. 711. The Secretary of Agriculture may authorize a State
agency to use funds provided in this Act to exceed the maximum amount
of liquid infant formula specified in 7 CFR 246.10 when issuing liquid
infant formula to participants.
Sec. 712. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 713. In the case of each program established or amended by
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246),
other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act, that
is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 714. None of the funds made available in fiscal year 2014 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
Sec. 715. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 716. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall
be available to pay full allowable indirect costs for each grant
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 717. Section 16(h)(1)(A) of the Food and Nutrition Act of
2008 (7 U.S.C. 2025(h)(1)(A)), is amended by inserting ``and fiscal
year 2014'' after ``2013''.
Sec. 718. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by section
14(h)(1) of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1012(h)(1)); and
(2) The Environmental Quality Incentives Program as authorized
by sections 1240-1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-3839aa-8) in excess of $1,350,000,000.
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(vi) of section 14222 of Public Law 110-246 in excess of
$878,297,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of
the Richard B. Russell National School Lunch Act, as amended, except in
an amount that excludes the transfer of $119,000,000 of the funds to be
transferred under subsection (c) of section 14222 of Public Law 110-
246, until October 1, 2014: Provided further, That $119,000,000 made
available on October 1, 2014, to carry out section 19(i)(1)(E) of the
Richard B. Russell National School Lunch Act, as amended, shall be
excluded from the limitation described in subsection (b)(2)(A)(vii) of
section 14222 of Public Law 110-246: Provided further, That none of
the funds appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any employee of
the Department of Agriculture or officer of the Commodity Credit
Corporation to carry out clause 3 of section 32 of the Agricultural
Adjustment Act of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended),
or for any surplus removal activities or price support activities under
section 5 of the Commodity Credit Corporation Charter Act: Provided
further, That of the available unobligated balances under (b)(2)(A)(vi)
of section 14222 of Public Law 110-246, $189,000,000 are hereby
rescinded.
Sec. 720. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2015 appropriations Act.
Sec. 721. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of $500,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming or transfer of such funds or
the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 722. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 723. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available to any non-Department of Agriculture, non-Department of
Health and Human Services, non-Commodity Futures Trading Commission, or
non-Farm Credit Administration employee questions or responses to
questions that are a result of information requested for the
appropriations hearing process.
Sec. 724. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 725. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
30 days unless the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment.
Sec. 726. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section 1201 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
Sec. 727. Of the unobligated balances in the Natural Resources
Conservation Service, Resource Conservation and Development Account,
$2,017,000 are hereby permanently cancelled: Provided, That no amounts
may be cancelled from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 728. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 729. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 730. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed spending plan by
program, project, and activity for the funds made available under this
Act.
Sec. 731. Of the unobligated balances available to the Department
of Agriculture under the account ``Agriculture Buildings and Facilities
and Rental Payments'', $30,000,000 are rescinded: Provided, That no
amount may be rescinded from funds made available for payments to the
General Services Administration for rent and funds made available for
payments to the Department of Homeland Security for building security
activities.
Sec. 732. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 733. Of the unobligated balance of funds available to the
Department of Agriculture for the cost of section 502 single family
housing guaranteed loans for fiscal years 2007 through 2010 under the
heading ``Rural Development Programs--Rural Housing Service--Rural
Housing Insurance Fund Program Account'' in prior appropriations Acts,
$1,314,000 is rescinded.
Sec. 734. Of the unobligated balances provided pursuant to section
9005(g)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8105(g)(1)), $8,000,000 are hereby rescinded.
Sec. 735. The Secretary shall expand the pilot program currently
in effect for packaging section 502 single family direct loans and not
later than 90 days after enactment of this Act enter into Memorandums
of Understanding with not less than 5 qualified intermediary
organizations to work in coordination with the Secretary to increase
the effectiveness of the section 502 single family direct loan program
in States and communities currently not served under the existing pilot
program.
Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 307(b) of division C of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 112 Stat. 2681-640) in excess of $4,000,000.
Sec. 737. None of the funds made available by this Act may be used
to reclassify any area eligible for rural housing programs of the Rural
Housing Service on September 30, 2013 as not eligible for such
programs.
Sec. 738. Funds received by the Secretary of Agriculture in the
global settlement of any Federal litigation concerning Federal mortgage
loans during fiscal year 2012 may be obligated and expended, in
addition to any other available funds, by the Rural Housing Service to
pay for costs associated with servicing single family housing loans
guaranteed by the Rural Housing Service and such funds shall remain
available until expended.
Sec. 739. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 740. (a) Designation.--The Federal building located at 64
Nowelo Street, Hilo, Hawaii, shall be known and designated as the
``Daniel K. Inouye United States Pacific Basin Agricultural Research
Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Daniel K. Inouye United States Pacific Basin Agricultural Research
Center''.
Sec. 741. Of the unobligated balances provided pursuant to section
9003(h)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8103(h)(1)), $40,694,000 are hereby rescinded.
Sec. 742. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 743. (a)(1) There is hereby appropriated $1,000,000 to conduct
an assessment of the existing (as of the date of the enactment of this
Act) and prospective scope of domestic hunger and food insecurity in
accordance with this section.
(2) The Secretary of Agriculture shall select, through a
competitive process, and enter into an agreement with an independent,
private-sector entity that is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, that has recognized credentials and
expertise in domestic hunger affairs to--
(A) conduct the assessment required under subsection (a); and
(B) provide technical expertise to the National Commission on
Hunger established under subsection (b).
(3) Not later than 180 days after the date of the enactment of this
Act, the entity selected in accordance with paragraph (2) shall submit
to the President and Congress and make publicly available a report
containing the assessment required under this subsection and any policy
recommendations that such entity considers appropriate.
(b)(1) There is established a commission to be known as the
``National Commission on Hunger'' (in this section referred to as the
``Commission'').
(2) The Commission shall--
(A) provide policy recommendations to Congress and the
Secretary to more effectively use existing (as of the date of the
enactment of this Act) programs and funds of the Department of
Agriculture to combat domestic hunger and food insecurity; and
(B) develop innovative recommendations to encourage public-
private partnerships, faith-based sector engagement, and community
initiatives to reduce the need for government nutrition assistance
programs, while protecting the safety net for the most vulnerable
members of society.
(3) The Commission shall be composed of 10 members, of whom--
(A) 3 members shall be appointed by the Speaker of the House of
Representatives;
(B) 2 members shall be appointed by the minority leader of the
House of Representatives;
(C) 3 members shall be appointed by the majority leader of the
Senate; and
(D) 2 members shall be appointed by the minority leader of the
Senate.
Sec. 744. None of the funds made available by this or any other
Act may be used to write, prepare, or publish a final rule or an
interim final rule in furtherance of, or otherwise to implement,
``Implementation of Regulations Required Under Title XI, of the Food,
Conservation and Energy Act of 2008; Conduct in Violation of the Act''
(75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to
the economy of such rules does not exceed $100,000,000: Provided, That
none of the funds made available by this or any other Act may be used
to publish a final or interim final rule in furtherance of, or to
otherwise implement, proposed sections 201.2(l), 201.2(t), 201.2(u),
201.3(c), 201.210, 201.211, 201.213, or 201.214 of ``Implementation of
Regulations Required Under Title XI of the Food, Conservation and
Energy Act of 2008; Conduct in Violation of the Act'' (75 Fed. Reg.
35338 (June 22, 2010)).
Sec. 745. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law
104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 746. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones an amount of funds made available in title III
under the headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants,
Rural Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account equal to the amount obligated for
REAP Zones by the Secretary with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated
under such headings for REAP Zones and such set-asides shall remain in
effect until August 15, 2014.
Sec. 747. Fees deposited under the heading ``Department of Health
and Human Services--Food and Drug Administration--Salaries and
Expenses'' in fiscal year 2013 and sequestered pursuant to section 251A
of the Balanced Budget and Emergency Deficit Control Act, as amended (2
U.S.C. 901a) shall be available until expended for the same purpose for
which those funds were originally appropriated.
Sec. 748. For an additional amount for ``Animal and Plant Health
Inspection Service, Salaries and Expenses'', $20,000,000, to remain
available until September 30, 2015, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 749. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 750. (a) Section 1240B(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(a)) is amended by striking ``2014'' and inserting
``2015''.
(b) Section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``(6),
and (7)),'' and inserting ``and (7) and each of fiscal years 2014
and 2015 in the case of the program specified in paragraph (6)),'';
and
(2) in paragraph (6)--
(A) in subparagraph (D), by striking ``and'' after the
semicolon at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $1,622,000,000 in fiscal year 2015.''.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2014''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$470,000,000, to remain available until September 30, 2015, of which
$9,439,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $101,450,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, for the cost of loan guarantees authorized by section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721), and for grants, and for the cost of loan guarantees and grants
authorized by section 27 (15 U.S.C. 3722) of such Act, $209,500,000, to
remain available until expended; of which $5,000,000 shall be for
projects to facilitate the relocation, to the United States, of a
source of employment located outside the United States; of which
$5,000,000 shall be for loan guarantees under such section 26; and of
which $10,000,000 shall be for loan guarantees and grants under such
section 27: Provided, That the costs for loan guarantees, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these
funds for loan guarantees under such sections 26 and 27 are available
to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $70,000,000: Provided further, That,
notwithstanding paragraph (7) of section 27(d) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722(d)(7)), amounts made
available in prior appropriations Acts for guaranteeing loans for
science park infrastructure under such section shall be available to
the Secretary of Commerce to guarantee such loans after September 30,
2013.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $37,000,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$99,000,000, to remain available until September 30, 2015.
Bureau of the Census
salaries and expenses
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $252,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $693,000,000, to remain available until September
30, 2015: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $1,000,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $46,000,000,
to remain available until September 30, 2015: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,024,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2014, so as to result in a fiscal year 2014
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2014, should the total amount of such
offsetting collections be less than $3,024,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,024,000,000 in fiscal year 2014 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office Salaries
and Expenses account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2014
for official reception and representation expenses: Provided further,
That in fiscal year 2014 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $2,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology (NIST), $651,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$143,000,000, to remain available until expended, of which $128,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,000,000 shall be for the Advanced Manufacturing Technology
Consortia.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $56,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,157,392,000, to remain available until
September 30, 2015, except that funds provided for cooperative
enforcement shall remain available until September 30, 2016: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $115,000,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy Grant
Program, Cooperative Research, Annual Stock Assessments, Survey and
Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the $3,287,392,000
provided for in direct obligations under this heading $3,157,392,000 is
appropriated from the general fund, $115,000,000 is provided by
transfer, and $15,000,000 is derived from recoveries of prior year
obligations: Provided further, That the total amount available for
National Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $217,300,000: Provided
further, That any deviation from the amounts designated for specific
activities in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That in addition, for necessary retired
pay expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,022,864,000, to remain available
until September 30, 2016, except that funds provided for construction
of facilities shall remain available until expended: Provided, That of
the $2,029,864,000 provided for in direct obligations under this
heading, $2,022,864,000 is appropriated from the general fund and
$7,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of Commerce
shall include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$1,000,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2015: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses associated with the mitigation of fishery
disasters, $75,000,000, to remain available until expended: Provided,
That funds shall be used for mitigating the effects of commercial
fishery failures and fishery resource disasters as declared by the
Secretary of Commerce.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2014, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $55,500,000: Provided, That the
Secretary of Commerce shall maintain a task force on job repatriation
and manufacturing growth and shall produce an annual report on related
incentive strategies, implementation plans and program results.
renovation and modernization
For necessary expenses for the renovation and modernization of
Department of Commerce facilities, $4,000,000, to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $30,000,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2014.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The Department of Commerce shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of the U.S. Department of Commerce, including the purpose of
such travel.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2014''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$25,842,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information
technology, for enterprise-wide information technology initiatives:
Provided further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority contained in this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $315,000,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$86,400,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That $1,000,000
shall be used to commission an independent review of the management and
policies of the Civil Rights Division.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,600,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $867,000,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $9,000
shall be available to INTERPOL Washington for official reception and
representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to reimburse the Office of Personnel
Management for salaries and expenses associated with the election
monitoring program under section 8 of the Voting Rights Act of 1965 (42
U.S.C. 1973f): Provided further, That of the amounts provided under
this heading for the election monitoring program, $3,390,000 shall
remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $160,400,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $103,000,000 in fiscal year 2014),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2014, so as to result in a final fiscal year 2014 appropriation
from the general fund estimated at $57,400,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,944,000,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
United States Attorney-led task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $224,400,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, $224,400,000 of offsetting collections pursuant to
section 589a(b) of title 28, United States Code, shall be retained and
used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum herein
appropriated from the Fund shall be reduced as such offsetting
collections are received during fiscal year 2014, so as to result in a
final fiscal year 2014 appropriation from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,100,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $11,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,000,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,500,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,185,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $9,800,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,533,000,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $91,800,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $514,000,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,245,802,000, of which not to exceed $216,900,000 shall
remain available until expended, and of which $13,500,000 is for costs
related to the outfitting, activation, and operation of facilities
supporting the examination, exploitation, and storage of improvised
explosive devices and explosive materials, including personnel
relocation costs: Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses: Provided
further, That up to $1,000,000 shall be for a comprehensive review of
the implementation of the recommendations related to the Federal Bureau
of Investigation that were proposed in the report issued by the
National Commission on Terrorist Attacks Upon the United States.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of Federally-owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities; $97,482,000,
to remain available until expended, of which $16,500,000 is for costs
related to the construction, outfitting, activation, and operation of
facilities supporting the examination, exploitation, and storage of
improvised explosive devices and explosive materials.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,018,000,000; of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,179,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $6,769,000,000: Provided, That the Attorney General may
transfer to the Health Resources and Services Administration such
amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2015: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$90,000,000, to remain available until expended, of which not less than
$67,148,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and for related victims services, $417,000,000, to remain
available until expended: Provided, That except as otherwise provided
by law, not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation, training, and
technical assistance: Provided further, That of the amount provided--
(1) $193,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $24,750,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $3,250,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $10,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204, 41303 and
41305 of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That 10
percent of the total amount available for this grant program shall
be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $50,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative;
(6) $27,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $36,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(9) $37,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40802 of the 1994 Act;
(11) $15,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $5,750,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized by
section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs; and
(15) $500,000 is for the Office on Violence Against Women to
establish a national clearinghouse that provides training and
technical assistance on issues relating to sexual assault of
American Indian and Alaska Native women.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $120,000,000, to
remain available until expended, of which--
(1) $45,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act;
(2) $40,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle D of title II of the 2002 Act;
(3) $1,000,000 is for an evaluation clearinghouse program;
(4) $30,000,000 is for regional information sharing activities,
as authorized by part M of title I of the 1968 Act; and
(5) $4,000,000 is for activities to strengthen and enhance the
practice of forensic sciences, of which $1,000,000 is for the
support of a Forensic Science Advisory Committee to be chaired by
the Attorney General and the Director of the National Institute of
Standards and Technology, and $3,000,000 is for transfer to the
National Institute of Standards and Technology to support
scientific working groups.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $1,171,500,000, to remain available until
expended as follows--
(1) $376,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $1,000,000 is for a program to
improve State and local law enforcement intelligence capabilities
including antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and privacy
interests are protected throughout the intelligence process,
$1,000,000 is for a State, local, and tribal assistance help desk
and diagnostic center program, $15,000,000 is for a Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability Initiative (VALOR), $4,000,000 is for use by the
National Institute of Justice for research targeted toward
developing a better understanding of the domestic radicalization
phenomenon, and advancing evidence-based strategies for effective
intervention and prevention, $2,500,000 is for objective,
nonpartisan voter education about, and a plebiscite on, options
that would resolve Puerto Rico's future political status, which
shall be provided to the State Elections Commission of Puerto Rico,
$5,000,000 is for an initiative to support evidence-based policing,
and $2,500,000 is for an initiative to enhance prosecutorial
decision-making;
(2) $180,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $13,500,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(4) $14,250,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, and for programs authorized under Public Law 109-164;
(5) $40,500,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(6) $8,250,000 for mental health courts and adult and juvenile
collaboration program grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(7) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title I
of the 1968 Act;
(8) $2,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(9) $10,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401 of
Public Law 110-403;
(10) $2,000,000 for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315;
(11) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(12) $8,000,000 for an initiative relating to children exposed
to violence;
(13) $10,500,000 for an Edward Byrne Memorial criminal justice
innovation program;
(14) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 is transferred directly
to the National Institute of Standards and Technology's Office of
Law Enforcement Standards for research, testing and evaluation
programs;
(15) $1,000,000 for the National Sex Offender Public Website;
(16) $8,500,000 for competitive and evidence-based programs to
reduce gun crime and gang violence;
(17) $58,500,000 for grants to States to upgrade criminal and
mental health records in the National Instant Criminal Background
Check System, of which no less than $12,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180);
(18) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(19) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(20) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(21) $30,000,000 for assistance to Indian tribes;
(22) $67,750,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199),
without regard to the time limitations specified at section 6(1) of
such Act, of which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole supervision
efforts and strategies, and $2,000,000 is for Children of
Incarcerated Parents Demonstrations to enhance and maintain
parental and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy: Provided, That up to
$7,500,000 of funds made available in this paragraph may be used
for performance-based awards for Pay for Success projects, of which
up to $5,000,000 shall be for Pay for Success programs implementing
the Permanent Supportive Housing Model;
(23) $4,000,000 for a veterans treatment courts program;
(24) $750,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(25) $7,000,000 for a program to monitor prescription drugs and
scheduled listed chemical products;
(26) $12,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other programs,
as authorized by the Prison Rape Elimination Act of 2003 (Public
Law 108-79), of which not more than $150,000 of these funds shall
be available for the direct Federal costs of facilitating an
auditing process;
(27) $2,000,000 to operate a National Center for Campus Public
Safety;
(28) $27,500,000 for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, of which not less than $1,000,000 is for a task force on
Federal corrections;
(29) $4,000,000 for additional replication sites employing the
Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, and for a
research project on the effectiveness of the model;
(30) $12,500,000 for the Office of Victims of Crime for
supplemental victims' services and other victim-related programs
and initiatives, including research and statistics, and for tribal
assistance for victims of violence; and
(31) $75,000,000 for the Comprehensive School Safety
Initiative, described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That section 213 of this Act shall not apply with
respect to the amount made available in this paragraph:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); and other juvenile justice
programs, $254,500,000, to remain available until expended as follows--
(1) $55,500,000 for programs authorized by section 221 of the
1974 Act, of which not more than $10,000,000 may be used for
activities specified in section 1801(b)(2) of part R of title I of
the 1968 Act; and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local and tribal juvenile
justice residential facilities;
(2) $88,500,000 for youth mentoring grants;
(3) $15,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261 and
262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $2,500,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $2,500,000 shall be for programs and activities to
enforce State laws prohibiting the sale of alcoholic beverages
to minors or the purchase or consumption of alcoholic beverages
by minors, for prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training; and
(D) $5,000,000 shall be for competitive grants to police
and juvenile justice authorities in communities that have been
awarded Department of Education School Climate Transformation
Grants to collaborate on use of evidence-based positive
behavior strategies to increase school safety and reduce
juvenile arrests;
(4) $19,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $5,500,000 for community-based violence prevention
initiatives, including for public health approaches to reducing
shootings and violence;
(6) $67,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(7) $1,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act;
(8) $1,000,000 for grants and technical assistance in support
of the National Forum on Youth Violence Prevention;
(9) $500,000 for an Internet site providing information and
resources on children of incarcerated parents; and
(10) $1,000,000 for competitive grants focusing on girls in the
juvenile justice system:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(5), (7) and (8) may be used for training and technical assistance:
Provided further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the 1974 Act
and to missing and exploited children programs.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $214,000,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $10,000,000 is for anti-methamphetamine-related activities,
which shall be transferred to the Drug Enforcement Administration
upon enactment of this Act;
(2) $16,500,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-methamphetamine
activities;
(3) $180,000,000 is for grants under section 1701 of title I of
the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding subsection (g) of the 1968 Act (42 U.S.C.
3796dd), the Federal share of the costs of a project funded by such
grants may not exceed 75 percent unless the Director of the Office
of Community Oriented Policing Services waives, wholly or in part,
the requirement of a non-Federal contribution to the costs of a
project: Provided further, That, notwithstanding section 1704(c)
of such title (42 U.S.C. 3796dd-3(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed $125,000
unless the Director of the Office of Community Oriented Policing
Services grants a waiver from this limitation: Provided further,
That within the amounts appropriated, $16,500,000 shall be
transferred to the Tribal Resources Grant Program: Provided
further, That of the amounts appropriated under this paragraph,
$7,500,000 is for community policing development activities in
furtherance of the purposes in section 1701: Provided further,
That within the amounts appropriated under this paragraph,
$5,000,000 is for the collaborative reform model of technical
assistance in furtherance of the purposes in section 1701; and
(4) $7,500,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The Attorney General is authorized to extend through
September 30, 2014, the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115 of the
Homeland Security Act of 2002 (Public Law 107-296; 28 U.S.C. 599B)
without limitation on the number of employees or the positions covered.
Sec. 207. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 208. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 209. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 210. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 211. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 212. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
Sec. 214. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2011 through 2014 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)),
the requirements under section 2976(g)(1) of such part.
(2) For State, Tribal, and local reentry courts under part FF
of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and (2)),
the requirements under section 2978(e)(1) and (2) of such part.
(3) For the prosecution drug treatment alternatives to prison
program under part CC of title I of such Act of 1968 (42 U.S.C.
3797q-3), the requirements under section 2904 of such part.
(4) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003
(42 U.S.C. 15605(c)(3)), the requirements of section 6(c)(3) of
such Act.
Sec. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 216. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law
enforcement personnel of the United States continuously monitor or
control the firearm at all times.
Sec. 217. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2014.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2014, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2014, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in fiscal
year 2014, $154,700,000 shall be for payments associated with joint law
enforcement operations as authorized by section 524(c)(1)(I) of title
28, United States Code.
(e) The Attorney General shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 30 days after the date of enactment of this Act
detailing the planned distribution of Assets Forfeiture Fund joint law
enforcement operations funding during fiscal year 2014.
(f) Subsections (a) through (d) of this section shall sunset on
September 30, 2014.
This title may be cited as the ``Department of Justice
Appropriations Act, 2014''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,555,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,151,200,000, to remain available until
September 30, 2015: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title
51, United States Code) for the James Webb Space Telescope shall not
exceed $8,000,000,000: Provided further, That should the individual
identified under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for the James Webb Space Telescope
determine that the development cost of the program is likely to exceed
that limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets the 30
percent threshold described in subsection (f) of section 30104:
Provided further, That $80,000,000 shall be for pre-formulation and/or
formulation activities for a mission that meets the science goals
outlined for the Jupiter Europa mission in the most recent planetary
science decadal survey.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $566,000,000, to remain available until
September 30, 2015.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space research and technology development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $576,000,000, to remain available until
September 30, 2015.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,113,200,000, to remain available until
September 30, 2015: Provided, That not less than $1,197,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $1,918,200,000 shall be for the Space Launch System,
which shall have a lift capability not less than 130 metric tons and
which shall have an upper stage and other core elements developed
simultaneously: Provided further, That of the funds made available for
the Space Launch System, $1,600,000,000 shall be for launch vehicle
development and $318,200,000 shall be for exploration ground systems:
Provided further, That funds made available for the Orion Multi-Purpose
Crew Vehicle and Space Launch System are in addition to funds provided
for these programs under the ``Construction and Environmental
Compliance and Restoration'' heading: Provided further, That
$696,000,000 shall be for commercial spaceflight activities, of which
$171,000,000 shall be made available after the Administrator of the
National Aeronautics and Space Administration has certified that the
commercial crew program has undergone an independent benefit-cost
analysis that takes into consideration the total Federal investment in
the commercial crew program and the expected operational life of the
International Space Station as described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That $302,000,000 shall be for
exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $3,778,000,000, to remain available until September 30, 2015.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft, $116,600,000, to
remain available until September 30, 2015, of which $18,000,000 shall
be for the Experimental Program to Stimulate Competitive Research and
$40,000,000 shall be for the National Space Grant College program.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $63,000
for official reception and representation expenses; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,793,000,000, to remain available until
September 30, 2015: Provided, That not less than $39,100,000 shall be
available for independent verification and validation activities.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $515,000,000, to remain available until
September 30, 2019: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2014 in an amount not to
exceed $9,584,100: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 315 of the
National Aeronautics and Space Act of 1958 (51 U.S.C. 20145).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,500,000, of which
$500,000 shall remain available until September 30, 2015.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,808,918,000, to remain available
until September 30, 2015, of which not to exceed $520,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation:
Provided further, That not less than $158,190,000 shall be available
for activities authorized by section 7002(c)(2)(A)(iv) of Public Law
110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $200,000,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $846,500,000, to remain available until
September 30, 2015: Provided, That not less than $60,890,000 shall be
available until expended for activities authorized by section 7030 of
Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $298,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2014 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,300,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $14,200,000, of which
$400,000 shall remain available until September 30, 2015.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 15 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act,
2014''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,000,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted 125
billable days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That the Inspector
General for the Commission on Civil Rights (CCR IG), as provided in
Public Law 113-6, is authorized to close out all work related to
pending or closed investigations, to complete pending investigations,
and to terminate all activities related to the duties, responsibilities
and authorities of the CCR IG: Provided further, That when the CCR IG
concludes that all pending investigations have been completed, all work
related to pending or closed investigations has been closed out, and
all activities related to the duties, responsibilities and authorities
of the CCR IG have ended, the CCR IG shall certify that conclusion to
the Committees on Appropriations of the House of Representatives and
the Senate, and the Office of the CCR IG shall then be terminated:
Provided further, That of the amounts made available in this paragraph,
$70,000 shall be transferred directly to the Office of Inspector
General of the Government Accountability Office upon enactment of this
Act for salaries and expenses necessary to carry out the completion of
pending investigations and the closing and termination of work and
activities relating to the duties, responsibilities and authorities of
the CCR IG.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $364,000,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $83,000,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $365,000,000,
of which $335,700,000 is for basic field programs and required
independent audits; $4,350,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $18,000,000 is for management and
grants oversight; $3,450,000 is for client self-help and information
technology; $2,500,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2013 and 2014, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,250,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $52,601,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $124,000
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) $4,900,000, of which $500,000 shall remain
available until September 30, 2015: Provided, That not to exceed
$2,250 shall be available for official reception and representation
expenses: Provided further, That, for the purposes of section 505 of
this Act, the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2014, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds by agencies (excluding agencies
of the Department of Justice) funded by this Act and 45 days in advance
of such reprogramming of funds by agencies of the Department of Justice
funded by this Act.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of the first quarter of fiscal year 2014, and
subsequent reports shall be submitted within 30 days of the end of each
quarter thereafter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601) in any
fiscal year in excess of $745,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions
for high-impact and moderate-impact information systems within the
Federal Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation or
other appropriate Federal entity, conducted an assessment of any
risk of cyber-espionage or sabotage associated with the acquisition
of such system, including any risk associated with such system
being produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 516. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 517. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 519. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 520. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; and the laws amended by these Acts.
Sec. 521. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 522. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of the Intelligence
Authorization Act for fiscal year 2014.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances available for
``Department of Commerce, National Telecommunications and Information
Administration, Public Telecommunications Facilities, Planning and
Construction'', $8,500,000 is hereby rescinded.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2014, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $30,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'', $83,600,000;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,200,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $59,000,000; and
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $26,000,000.
(c) The Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
no later than September 1, 2014, specifying the amount of each
rescission made pursuant to subsection (b).
Sec. 525. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 526. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States unless such conference is a law enforcement
training or operational conference for law enforcement personnel and
the majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect
to trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and subsidies;
or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully on
fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity, cartelization,
and market-access barriers.
Sec. 528. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 529. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 530. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 531. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 532. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to develop, design,
plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-owned
company unless such activities are specifically authorized by a law
enacted after the date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP has certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
Sec. 533. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 534. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 535. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation shall submit spending plans, signed by the respective
department or agency head, to the Committees on Appropriations of the
House of Representatives and the Senate within 30 days after the date
of enactment of this Act.
Sec. 536. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 537. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
This division may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2014''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,787,967,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $27,231,512,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,766,099,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $28,519,993,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,377,563,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,843,966,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$655,109,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,723,159,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,776,498,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,114,421,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $30,768,069,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $15,055,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$36,311,160,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,397,605,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $33,248,618,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$31,450,068,000: Provided, That not more than $25,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $36,262,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,721,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,940,936,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,158,382,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $255,317,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,062,207,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,857,530,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,392,304,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,606,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $298,815,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $316,103,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $439,820,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,757,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,443,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $109,500,000, to remain available until
September 30, 2015.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $500,455,000, to remain available until September 30, 2016.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $51,031,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $4,844,891,000, to remain available for obligation until
September 30, 2016.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,549,491,000, to remain available for obligation until
September 30, 2016.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,610,811,000, to remain available for obligation until September 30,
2016.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,444,067,000, to remain available for
obligation until September 30, 2016.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$4,936,908,000, to remain available for obligation until September 30,
2016.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $16,442,794,000, to remain available for obligation
until September 30, 2016.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,009,157,000, to remain available
for obligation until September 30, 2016.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $549,316,000, to remain available for
obligation until September 30, 2016.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $917,553,000;
Virginia Class Submarine, $3,880,704,000;
Virginia Class Submarine (AP), $2,354,612,000;
CVN Refueling Overhaul, $1,609,324,000;
CVN Refueling Overhauls (AP), $245,793,000;
DDG-1000 Program, $231,694,000;
DDG-51 Destroyer, $1,615,564,000;
DDG-51 Destroyer (AP), $369,551,000;
Littoral Combat Ship, $1,793,014,000;
Afloat Forward Staging Base, $579,300,000;
Joint High Speed Vessel, $2,732,000;
Moored Training Ship, $207,300,000;
LCAC Service Life Extension Program, $80,987,000;
Outfitting, post delivery, conversions, and first destination
transportation, $382,836,000; and
For completion of Prior Year Shipbuilding Programs,
$960,400,000.
In all: $15,231,364,000, to remain available for obligation until
September 30, 2018: Provided, That additional obligations may be
incurred after September 30, 2018, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $5,572,618,000, to
remain available for obligation until September 30, 2016.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,240,958,000, to remain available for obligation
until September 30, 2016.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $10,379,180,000, to remain available for
obligation until September 30, 2016.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$4,446,763,000, to remain available for obligation until September 30,
2016.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $729,677,000, to remain available for
obligation until September 30, 2016.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $16,572,754,000, to remain
available for obligation until September 30, 2016.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,240,416,000, to remain available for obligation until
September 30, 2016.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $60,135,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,126,318,000, to remain available for obligation until September 30,
2015.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,949,919,000, to remain available for obligation until September 30,
2015: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$23,585,292,000, to remain available for obligation until September 30,
2015.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $17,086,412,000, to remain
available for obligation until September 30, 2015: Provided, That of
the funds made available in this paragraph, $175,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That funds appropriated in this paragraph
shall be available for the Cobra Judy program.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $246,800,000, to remain available for obligation
until September 30, 2015.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,649,214,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $597,213,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,699,158,000; of which $30,704,995,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2015, and of which up to
$15,317,316,000 may be available for contracts entered into under the
TRICARE program; of which $441,764,000, to remain available for
obligation until September 30, 2016, shall be for procurement; and of
which $1,552,399,000, to remain available for obligation until
September 30, 2015, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for the Interagency Program Office (IPO) and for operation and
maintenance and research, development, test and evaluation of the
Defense Healthcare Management Systems Modernization (DHMSM) program,
not more than 25 percent may be obligated until the Secretary of
Defense submits to the Committees on Appropriations of the House of
Representatives and the Senate, and such Committees approve, a plan for
expenditure that: (1) defines the budget and cost for full operating
capability and the total life cycle cost of the project; (2) identifies
the deployment timeline, including benchmarks, for full operating
capability; (3) describes how the forthcoming request for proposals for
DHMSM will require adherence to data standardization as defined by the
IPO; (4) has been submitted to the Government Accountability Office for
review; and (5) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the Federal
Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,004,123,000, of which $398,572,000 shall
be for operation and maintenance, of which no less than $51,217,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,489,000 for activities on military installations and
$29,728,000, to remain available until September 30, 2015, to assist
State and local governments; $1,368,000 shall be for procurement, to
remain available until September 30, 2016, of which $1,368,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $604,183,000, to remain available
until September 30, 2015, shall be for research, development, test and
evaluation, of which $584,238,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,015,885,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $316,000,000, of which $315,000,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2016, shall be for procurement: Provided, That the Office of the
Inspector General, in coordination with the Department of Veterans
Affairs' Office of the Inspector General, shall examine the process and
procedures currently in place in the transmission of service treatment
and personnel records from the Department of Defense to the Department
of Veterans Affairs.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $528,229,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$5,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2014: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2014: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
E-2D Advanced Hawkeye, SSN 774 Virginia class submarine, KC-
130J, C-130J, HC-130J, MC-130J, AC-130J aircraft, and government-
furnished equipment.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2014, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2015 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2015 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2015.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $39,532,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $10,200,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $932,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2014 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2014, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2015 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$40,000,000.
Sec. 8024. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2014. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2015 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2015 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2015 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2015: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2015.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8038. None of the funds appropriated in this Act may be
obligated or expended by the Secretary of a military department in
contravention of the provisions of section 352 of the National Defense
Authorization Act for Fiscal Year 2014 to adopt any new camouflage
pattern design or uniform fabric for any combat or camouflage utility
uniform or family of uniforms for use by an Armed Force.
Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``National Defense Sealift Fund'', 2011/XXXX, $10,000,000;
``Other Procurement, Army'', 2012/2014, $40,000,000;
``Aircraft Procurement, Navy'', 2012/2014, $10,000,000;
``Weapons Procurement, Navy'', 2012/2014, $33,300,000;
``Other Procurement, Navy'', 2012/2014, $266,486,000;
``Aircraft Procurement, Air Force'', 2012/2014, $449,735,000;
``Missile Procurement, Air Force'', 2012/2014, $10,000,000;
``National Defense Sealift Fund'', 2012/XXXX, $14,000,000;
``Defense Health Program'', 2012/2014, $144,518,000;
``Cooperative Threat Reduction Account'', 2013/2015,
$37,500,000;
``Other Procurement, Army'', 2013/2015, $45,426,000;
``Aircraft Procurement, Navy'', 2013/2015, $112,000,000;
``Weapons Procurement, Navy'', 2013/2015, $5,000,000;
``Other Procurement, Navy'', 2013/2015, $7,979,000;
``Procurement, Marine Corps'', 2013/2015, $12,650,000;
``Aircraft Procurement, Air Force'', 2013/2015, $239,090,000;
``Missile Procurement, Air Force'', 2013/2015, $55,000,000;
``Other Procurement, Air Force'', 2013/2015, $44,900,000;
``Procurement, Defense-Wide'', 2013/2015, $104,043,000;
``Research, Development, Test and Evaluation, Army'', 2013/
2014, $46,100,000;
``Research, Development, Test and Evaluation, Navy'', 2013/
2014, $59,257,000;
``Research, Development, Test and Evaluation, Air Force'',
2013/2014, $38,646,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
2013/2014, $15,000,000;
``Defense Health Program'', 2013/2014, $998,000; and
``Defense Health Program'', 2013/2015, $104,461,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8050. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8057. (a) In General.--
(1) None of the funds made available by this Act may be used
for any training, equipment, or other assistance for the members of
a unit of a foreign security force if the Secretary of Defense has
credible information that the unit has committed a gross violation
of human rights.
(2) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
provide any training, equipment, or other assistance to a unit of a
foreign security force full consideration is given to any credible
information available to the Department of State relating to human
rights violations by such unit.
(b) Exception.--The prohibition in subsection (a)(1) shall not
apply if the Secretary of Defense, after consultation with the
Secretary of State, determines that the government of such country has
taken all necessary corrective steps, or if the equipment or other
assistance is necessary to assist in disaster relief operations or
other humanitarian or national security emergencies.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)(1) if
the Secretary of Defense determines that such waiver is required by
extraordinary circumstances.
(d) Procedures.--The Secretary of Defense shall establish, and
periodically update, procedures to ensure that any information in the
possession of the Department of Defense about gross violations of human
rights by units of foreign security forces is shared on a timely basis
with the Department of State.
(e) Report.--Not more than 15 days after the application of any
exception under subsection (b) or the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit to the
appropriate congressional committees a report--
(1) in the case of an exception under subsection (b), providing
notice of the use of the exception and stating the grounds for the
exception; and
(2) in the case of a waiver under subsection (c), describing
the information relating to the gross violation of human rights;
the extraordinary or other circumstances that necessitate the
waiver; the purpose and duration of the training, equipment, or
other assistance; and the United States forces and the foreign
security force unit involved.
(f) Definition.--For purposes of this section the term
``appropriate congressional committees'' means the congressional
defense committees and the Committees on Appropriations.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8061. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8062. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8063. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8064. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8065. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $108,725,800 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8067. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2014.
(including transfer of funds)
Sec. 8068. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers to the Department of State
``Global Security Contingency Fund'', notify the congressional defense
committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $504,091,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$235,309,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, including $15,000,000 for
non-recurring engineering costs in connection with the establishment of
a capacity for co-production in the United States by industry of the
United States of parts and components for the Iron Dome short-range
rocket defense program; $149,712,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD missiles in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures;
$74,707,000 shall be available for an upper-tier component to the
Israeli Missile Defense Architecture; and $44,363,000 shall be for the
Arrow System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That funds
made available under this provision for production of missiles and
missile components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8071. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
U.S. Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1, 2004,
shall remain in force unless changes are specifically authorized in a
subsequent Act: Provided further, That this section does not apply to
administrative control of Navy Air and Missile Defense Command.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $960,400,000 shall be
available until September 30, 2014, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2007/2014: LHA Replacement Program $37,700,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2014: Carrier Replacement Program $588,100,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2010/2014: Joint High Speed Vessel $7,600,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2014: Virginia class submarine $227,000,000; and
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2014: DDG-51 $100,000,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2014 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2014.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year 2015
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8078. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8080. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8081. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8082. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8083. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8084. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8085. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2015.
Sec. 8086. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8087. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2014: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(including transfer of funds)
Sec. 8088. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) or the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8090. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8091. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8092. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Enduring Freedom
on a monthly basis and any other operation designated and identified by
the Secretary of Defense for the purposes of section 127a of title 10,
United States Code, on a semi-annual basis in the Cost of War Execution
Report as prescribed in the Department of Defense Financial Management
Regulation Department of Defense Instruction 7000.14, Volume 12,
Chapter 23 ``Contingency Operations'', Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8093. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8094. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfers to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8095. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8096. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8097. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8098. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$143,087,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8099. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex.
Sec. 8100. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under
part 2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8101. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8102. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'' the following amounts shall be available to
the Secretary of Defense, for the following authorized purposes,
notwithstanding any other provision of law, acting through the Office
of Economic Adjustment of the Department of Defense, to make grants,
conclude cooperative agreements, and supplement other Federal funds, to
remain available until expended, to support critical existing and
enduring military installations and missions on Guam, as well as any
potential Department of Defense growth: (1) $106,400,000 for addressing
the need for civilian water and wastewater improvements, and (2)
$13,000,000 for construction of a regional public health laboratory:
Provided, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating funds for either of the forgoing purposes, notify
the congressional defense committees in writing of the details of any
such obligation.
Sec. 8103. None of the funds made available by this Act may be
used by the Secretary of Defense to take beneficial occupancy of more
than 3,000 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 8104. The Secretary of Defense shall report quarterly the
numbers of civilian personnel end strength by appropriation account for
each and every appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees within 15
days after the end of each fiscal quarter.
Sec. 8105. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriations account;
(2) how the National Intelligence Program budget request is
presented, organized, and managed within the Department of Defense
budget;
(3) how the National Intelligence Program appropriations are
apportioned to the executing agencies; or
(4) how the National Intelligence Program appropriations are
allotted, obligated and disbursed.
(b) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(c) Upon development of the detailed proposals defined under
subsection (b), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
(d) This section shall not be construed to alter or affect the
application of section 924 of the National Defense Authorization Act
for Fiscal Year 2014 to the amounts made available by this Act.
(including transfer of funds)
Sec. 8106. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2014.
(including transfer of funds)
(including rescission of funds)
Sec. 8107. (a) Of the funds previously appropriated for the ``Ship
Modernization, Operations and Sustainment Fund'', $1,920,000,000 is
hereby rescinded;
(b) There is appropriated $2,244,400,000 for the ``Ship
Modernization, Operations and Sustainment Fund'', to remain available
until September 30, 2021: Provided, That the Secretary of the Navy
shall transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to appropriations for military personnel; operation
and maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating, sustaining,
equipping and modernizing the Ticonderoga-class guided missile cruisers
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey
Island-class dock landing ships LSD-41 and LSD-46: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation to
which they are transferred: Provided further, That the transfer
authority provided herein shall be in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary of the Navy shall, not less than 30 days prior to
making any transfer from the ``Ship Modernization, Operations and
Sustainment Fund'', notify the congressional defense committees in
writing of the details of such transfer: Provided further, That the
Secretary of the Navy shall transfer and obligate funds from the ``Ship
Modernization, Operations and Sustainment Fund'' for modernization of
not less than one Ticonderoga-class guided missile cruiser as detailed
above in fiscal year 2014: Provided further, That the prohibition in
section 2244a(a) of title 10, United States Code, shall not apply to
the use of any funds transferred pursuant to this subsection.
Sec. 8108. The Under Secretary of Defense for Personnel and
Readiness shall conduct a study to be known as the ``Review of
Superintendents of Military Service Academies'': Provided, That the
study shall use the vast resources in Professional Military Education
and Training to provide an objective and comprehensive evaluation of
the role of a modern superintendent of a military service academy,
including the criteria to be used in selecting and evaluating the
performance of a superintendent of a military service academy:
Provided further, That not later than 180 days after the date of the
enactment of this Act, the review board shall submit to the Secretary
of Defense and to the congressional defense committees a report on the
findings of the review under this section: Provided further, That in
addition to amounts appropriated or otherwise made available by this
Act, $1,000,000 shall be available for the review.
Sec. 8109. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $380,000,000.
Sec. 8110. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8111. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1035 of the National Defense Authorization Act for Fiscal Year 2014.
Sec. 8112. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8113. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 8114. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 8115. None of the funds made available by this Act may be
used in contravention of section 1590 or 1591 of title 18, United
States Code, or in contravention of the requirements of section 106(g)
or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g) or (h)).
Sec. 8116. None of the funds made available by this Act for excess
defense articles, assistance under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), or peacekeeping operations for the countries designated in 2013
to be in violation of the standards of the Child Soldiers Prevention
Act of 2008 may be used to support any military training or operation
that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1), unless
such assistance is otherwise permitted under section 404 of the Child
Soldiers Prevention Act of 2008.
Sec. 8117. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8118. The Secretary of the Air Force shall obligate and
expend funds previously appropriated for the procurement of RQ-4B
Global Hawk aircraft for the purposes for which such funds were
originally appropriated: Provided, That none of the funds made
available by this Act may be used to retire, divest, realign or
transfer RQ-4B Global Hawk aircraft, or to disestablish or convert
units associated with such aircraft.
Sec. 8119. None of the funds made available by this Act may be
used by the Department of Defense or any other Federal agency to lease
or purchase new light duty vehicles, for any executive fleet, or for an
agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8120. None of the funds made available by this Act may be
used to enter into a contract with any person or other entity listed in
the Excluded Parties List System (EPLS)/System for Award Management
(SAM) as having been convicted of fraud against the Federal Government.
Sec. 8121. (a) None of the funds made available in this Act for the
Department of Defense may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, to make a grant to, or
to provide a loan or loan guarantee to Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary certifies in writing that the waiver is in the
national security interest of the United States.
(c) Requirements Relating to Obligation of Funds Pursuant to
Waiver.--
(1) Not later than 30 days before obligating funds pursuant to
the waiver under subsection (b), the Secretary of Defense shall
submit to the congressional defense committees a notice on the
obligation of funds pursuant to the waiver.
(2) Not later than 15 days after the submittal of the notice
under paragraph (1), the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the
following:
(A) An assessment of the number, if any, of S-300 advanced
anti-aircraft missiles that Rosoboronexport has delivered to
the Assad regime in Syria.
(B) A list of known contracts, if any, that Rosoboronexport
has signed with the Assad regime since January 1, 2013.
(C) An explanation why it is in the national security
interest of the United States to enter into a contract,
memorandum of understanding, or cooperative agreement with, to
make a grant to, or to provide a loan or loan guarantee to
Rosoboronexport.
(D) An explanation why comparable equipment cannot be
purchased from another source.
Sec. 8122. Section 8159(c) of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117, 10 U.S.C.
2401a note) is amended by striking paragraph (7).
Sec. 8123. None of the funds made available in this Act may be
used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
(including transfer of funds)
Sec. 8124. In addition to amounts appropriated or otherwise made
available elsewhere in this Act, $25,000,000 is hereby appropriated to
the Department of Defense and made available for transfer to the Army,
Air Force, Navy, and Marine Corps, for purposes of implementation of a
Sexual Assault Special Victims Program: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Sec. 8125. None of the funds made available by this Act may be
used in contravention of the amendments made to the Uniform Code of
Military Justice of title XVII of the National Defense Authorization
Act for Fiscal Year 2014 regarding the discharge or dismissal of a
member of the Armed Forces convicted of certain sex-related offenses,
the required trial of such offenses by general courts-martial, and the
limitations imposed on convening authority discretion regarding court-
martial findings and sentences.
Sec. 8126. None of the funds appropriated in this, or any other
Act, may be obligated or expended by the United States Government for
the direct personal benefit of the President of Afghanistan.
Sec. 8127. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under such
regulations as the Secretary may prescribe, to local military
commanders appointed by the Secretary of Defense, or by an officer or
employee designated by the Secretary, to provide at their discretion ex
gratia payments in amounts consistent with subsection (d) of this
section for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined by
the local military commander to be friendly to the United States;
(2) a claim for damages would not be compensable under chapter
163 of title 10, United States Code (commonly known as the
``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program
under subsection (a) shall not be considered an admission or
acknowledgement of any legal obligation to compensate for any damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing
economic conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
(h) Limitation.--Nothing in this section shall be deemed to provide
any new authority to the Secretary of Defense.
Sec. 8128. None of the funds available to the Department of
Defense shall be used to conduct any environmental impact analysis
related to Minuteman III silos that contain a missile as of the date of
the enactment of this Act.
Sec. 8129. The amounts appropriated in title I and II of this Act
are hereby reduced by $8,000,000: Provided, That the reduction shall
be applied to funding for general and flag officers within the military
personnel and operation and maintenance appropriations: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees of the reduction by appropriation and budget line
item not later than 90 days after the enactment of this Act: Provided
further, That none of the funds made available by this Act may be used
for flag or general officers for each military department that are in
excess to the number of such officers serving in such military
department as of the date of enactment of this Act.
Sec. 8130. None of the funds made available in this Act shall be
used to transition elements of the 18th Aggressor Squadron out of
Eielson Air Force Base.
Sec. 8131. None of the funds made available by this Act may be
used to cancel the avionics modernization program of record for C-130
aircraft.
Sec. 8132. None of the funds made available by this Act may be
used by the Department of Defense to grant an enlistment waiver for an
offense within offense code 433 (rape, sexual abuse, sexual assault,
criminal sexual abuse, incest, or other sex crimes), as specified in
Table 1 of the memorandum from the Under Secretary of Defense with the
subject line ``Directive-Type Memorandum (DTM) 08-018--`Enlistment
Waivers''', dated June 27, 2008 (incorporating Change 3, March 20,
2013).
Sec. 8133. None of the funds made available by this Act may be
used by the Secretary of the Air Force to reduce the force structure at
Lajes Field, Azores, Portugal, below the total number of military and
civilian personnel assigned to Lajes Field on October 1, 2012, until
the Secretary of Defense submits the certification to the congressional
defense committees required by section 341 of the National Defense
Authorization Act for Fiscal Year 2014.
Sec. 8134. None of the Operation and Maintenance funds made
available in this Act may be used in contravention of section 41106 of
title 49, United States Code.
Sec. 8135. None of the funds made available by this Act may be
used to fund the performance of a flight demonstration team at a
location outside of the United States: Provided, That this prohibition
applies only if a performance of a flight demonstration team at a
location within the United States was canceled during the current
fiscal year due to insufficient funding.
Sec. 8136. None of the funds made available by this Act may be
used to carry out reductions to the nuclear forces of the United States
to implement the New START Treaty (as defined in section 495(e) of
title 10, United States Code), or to carry out activities to prepare
for such reductions except as authorized by section 1056 of the
National Defense Authorization Act for Fiscal Year 2014.
Sec. 8137. None of the funds made available by this Act may be
used to implement an enrollment fee for the TRICARE for Life program
under chapter 55 of title 10, United States Code.
Sec. 8138. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1246(c) of
the National Defense Authorization Act for Fiscal Year 2014, relating
to limitations on providing certain missile defense information to the
Russian Federation.
Sec. 8139. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 8140. The amounts appropriated in title II of this Act are
hereby reduced by $866,500,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Navy'', $442,000,000;
(2) From ``Operation and Maintenance, Air Force'', $77,000,000;
and
(3) From ``Operation and Maintenance, Defense-Wide'',
$347,500,000.
Sec. 8141. Of the amounts appropriated for ``Working Capital Fund,
Army'', $150,000,000 shall be available for the Industrial Mobilization
Capacity account: Provided, That the Secretary of the Army shall--
(1) Assign the arsenals sufficient workload to maintain the
critical capabilities identified in the Army Organic Industrial
Base Strategy Report;
(2) Ensure cost efficiency and technical competence in
peacetime, while preserving the ability to provide an effective and
timely response to mobilizations, national defense contingency
situations, and other emergent requirements;
(3) Release the Army Organic Industrial Base Strategy Report
not later than 30 days after the enactment of this Act; and
(4) Brief the congressional defense committees not later than
90 days after the enactment of this Act to ensure sufficient
workload for the efficient operation of the arsenals.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$5,449,726,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$558,344,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$777,922,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$832,862,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$33,352,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$20,238,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$15,134,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$20,432,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$257,064,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $6,919,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$32,369,249,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,470,808,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,369,815,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $12,746,424,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,226,678,000: Provided, That of the funds provided under
this heading, not to exceed $1,257,000,000, to remain available until
September 30, 2015, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military operations in support of Operation
Enduring Freedom: Provided further, That these funds may be used to
reimburse the government of Jordan, in such amounts as the Secretary of
Defense may determine, to maintain the ability of the Jordanian armed
forces to maintain security along the border between Jordan and Syria,
upon 15 day prior written notification to the congressional defense
committees outlining the amounts reimbursed and the nature of the
expenses to be reimbursed and that these funds may be used in
accordance with section 1205 of S. 1197, an Act authorizing
appropriations for fiscal year 2014 for military activities of the
Department of Defense, as reported: Provided further, That such
reimbursement payments may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management and Budget,
may determine, at the discretion of the Secretary of Defense, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional
committees: Provided further, That the requirement under this heading
to provide notification to the appropriate congressional committees
shall not apply with respect to a reimbursement for access based on an
international agreement: Provided further, That these funds may be
used for the purpose of providing specialized training and procuring
supplies and specialized equipment and providing such supplies and
loaning such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Afghanistan, and 15
days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $34,674,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $55,700,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $12,534,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $32,849,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $130,471,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $22,200,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $199,000,000, to
remain available until September 30, 2015: Provided, That such funds
shall be available to the Secretary of Defense for infrastructure
projects in Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide that a
specific project will be undertaken by the Department of Defense:
Provided further, That the infrastructure referred to in the preceding
proviso is in support of the counterinsurgency strategy, which may
require funding for facility and infrastructure projects, including,
but not limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further, That the
authority to undertake such infrastructure projects is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That any projects funded under this heading shall be jointly
formulated and concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to the
Department of State for purposes of undertaking projects, which funds
shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred to the
Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation
and shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,726,720,000, to
remain available until September 30, 2015: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided further,
That the equipment described in the previous proviso, as well as
equipment not yet transferred to the security forces of Afghanistan
when determined by the Commander, Combined Security Transition
Command--Afghanistan, or the Secretary's designee, to no longer be
required for transfer to such forces, may be treated as stocks of the
Department of Defense upon written notification to the congressional
defense committees: Provided further, That of the funds provided under
this heading, not less than $25,000,000 shall be for recruitment and
retention of women in the Afghanistan National Security Forces:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$669,000,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$128,645,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$190,900,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$653,902,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$211,176,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$86,500,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $169,362,000, to remain available until September 30,
2016: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$125,984,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$188,868,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$24,200,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $137,826,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,517,846,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$128,947,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,000,000,000, to remain available for
obligation until September 30, 2016: Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $13,500,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $34,426,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $9,000,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $78,208,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$264,910,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$898,701,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $376,305,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$879,225,000, to remain available until September 30, 2016: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2014.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2014.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance,
``Afghanistan Infrastructure Fund'', or the ``Afghanistan Security
Forces Fund'' provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be obligated at the
time a construction contract is awarded: Provided, That for the
purpose of this section, supervision and administration costs and costs
for design during construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $30,000,000 of the amount appropriated in
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000: Provided
further, That not later than 45 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein: Provided
further, That, not later than 30 days after the end of each month, the
Army shall submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total
anticipated cost for completion of $5,000,000 or more, the Secretary
shall submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other CERP
funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or a
third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in
Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commander's Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify
to the congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding provisos and accompanying report language for the ASFF, AIF,
and CERP.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up to
$63,800,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15 days
before making funds available pursuant to the authority provided in
this section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing a detailed justification
and timeline for each proposed project.
Sec. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'' up to $209,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2014, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and
maintenance, and to manage and integrate defense-related institutions:
Provided further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of State shall
submit to the congressional defense committees a plan for transitioning
any such training activities that they determine are needed after the
end of fiscal year 2014, to existing or new contracts for the sale of
defense articles or defense services consistent with the provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That not less than 15 days before making funds available
pursuant to the authority provided in this section, the Secretary of
Defense shall submit to the congressional defense committees a written
notification containing a detailed justification and timeline for the
operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2014.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``General Provision: Retroactive Stop Loss Special Pay Program,
2009/XXXX'', $53,100,000; and
``Other Procurement, Army, 2013/2015'', $87,270,000.
Sec. 9014. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the Committees on Appropriations that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic
and foreign terrorist organizations, including taking steps to end
support for such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into neighboring
countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and
interdicting precursor chemicals used in the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence and
due process of law;
(6) issuing visas in a timely manner for United States visitors
engaged in counterterrorism efforts and assistance programs in
Pakistan; and
(7) providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani civilians
affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in paragraph (a) on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so: Provided, That if the Secretary of
Defense, in coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall report to the
Committees on Appropriations on both the justification for the waiver
and on the requirements of this section that the Government of Pakistan
was not able to meet: Provided further, That such report may be
submitted in classified form if necessary.
Sec. 9015. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9016. None of the funds made available by this Act for the
``Afghanistan Infrastructure Fund'' may be used to plan, develop, or
construct any project for which construction has not commenced before
the date of the enactment of this Act.
TITLE X--MILITARY DISABILITY RETIREMENT AND SURVIVOR BENEFIT ANNUITY
RESTORATION
SEC. 10001. INAPPLICABILITY OF ANNUAL ADJUSTMENT OF RETIRED PAY FOR
MEMBERS OF THE ARMED FORCES UNDER THE AGE OF 62 UNDER THE BIPARTISAN
BUDGET ACT OF 2013 TO MEMBERS RETIRED FOR DISABILITY AND TO RETIRED PAY
USED TO COMPUTE CERTAIN SURVIVOR BENEFIT PLAN ANNUITIES.
(a) Inapplicability.--Paragraph (4) of section 1401a(b) of title
10, United States Code, as added by section 403(a) of the Bipartisan
Budget Act of 2013, is amended--
(1) in subparagraph (A), by inserting after ``age'' the
following: ``(other than a member or former member retired under
chapter 61 of this title)''; and
(2) by adding at the end the following new subparagraph:
``(F) Inapplicability to amount of retired pay used in
computation of sbp annuity for survivors.--In the computation
pursuant to subsection (d) or (f) of section 1448 of this title
of an annuity for survivors of a member or person who dies
while subject to the application of this paragraph, the amount
of the retired pay of such member or person for purposes of
such computation shall be the amount of retired pay that would
have been payable to such member or person at the time of death
without regard to the application of this paragraph.''.
(b) Conforming Amendments.--
(1) Combat-related special compensation.--Section 1413a(b)(3)
of title 10, United States Code, is amended--
(A) in subparagraph (A), by inserting ``, with adjustment
under paragraph (2) of section 1401a(b) of this title to which
the member would have been entitled (but without the
application of paragraph (4) of such section),'' after ``under
any other provision of law''; and
(B) in subparagraph (B), by striking ``whichever is
applicable to the member.'' and inserting ``with adjustment
under paragraph (2) of section 1401a(b) of this title to which
the member would have been entitled (but without the
application of paragraph (4) of such section), whichever is
applicable to the member.''.
(2) Concurrent receipt of retired pay and veterans' disability
compensation.--Section 1414(b)(1) of such title is amended by
inserting ``(but without the application of section 1401a(b)(4) of
this title)'' after ``under any other provision of law''.
(3) Prevention of cola inversions.--Section 1401a(f)(2) of
title 10, United States Code, is amended by inserting ``or
subsection (b)(4)'' after ``subsection (b)(2)''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on December 1, 2015, immediately after the coming
into effect of section 403 of the Bipartisan Budget Act of 2013 and the
amendments made by that section.
(d) Exclusion of Budgetary Effects From PAYGO Scorecards.--
(1) Statutory pay-as-you-go scorecards.--The budgetary effects
of this section shall not be entered on either PAYGO score-card
maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go
Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard maintained for
purposes of section 201 of S. Con. Res. 21 (110th Congress).
This division may be cited as the ``Department of Defense
Appropriations Act, 2014''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration,
projects and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $125,000,000, to
remain available until expended: Provided, That the Secretary may
initiate up to but no more than nine new reconnaissance study starts
during fiscal year 2014: Provided further, That the new reconnaissance
study starts will consist of three studies where the majority of the
benefits are derived from navigation transportation savings, three
studies where the majority of the benefits are derived from flood and
storm damage reduction, and three studies where the majority of the
benefits are derived from environmental restoration: Provided further,
That the number of environmental restoration studies selected shall be
limited to no more than the lessor of the number of navigation studies
or the number of flood and storm damage reduction studies selected:
Provided further, That the Secretary shall not deviate from the new
starts proposed in the work plan, once the plan has been submitted to
the Committees on Appropriations of the House of Representatives and
the Senate.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,656,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund: Provided, That during the fiscal year period
covered by this Act, 25 percentum of the funding proposed for Olmsted
Lock and Dam, Ohio River, Illinois and Kentucky, shall be derived from
the Inland Waterways Trust Fund: Provided further, That the Secretary
may initiate up to but no more than four new construction starts during
fiscal year 2014: Provided further, That the new construction starts
will consist of three projects where the majority of the benefits are
derived from navigation transportation savings or from flood and storm
damage reduction and one project where the majority of the benefits are
derived from environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall be
executed as soon as practicable but no later than August 29, 2014:
Provided further, That no allocation for a new start shall be
considered final and no work allowance shall be made until the
Secretary provides to the Committees on Appropriations of the House of
Representatives and the Senate an out-year funding scenario
demonstrating the affordability of the selected new start and the
impacts on other projects: Provided further, That the Secretary may
not deviate from the new starts proposed in the work plan, once the
plan has been submitted to the Committees on Appropriations of the
House of Representatives and the Senate.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $307,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,861,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as the
Chief of Engineers determines to be necessary and appropriate, and that
the Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2015.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $103,499,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$28,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $182,000,000, to remain available until September 30, 2015, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in title I
of this Act shall be available to fund the civil works activities of
the Office of the Chief of Engineers or the civil works executive
direction and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies appropriation
may be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2015.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2014, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers must notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount a limit of $5,000,000 per project, study
or activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same reprogramming
guidelines for the Investigations, Construction, and Operation and
Maintenance portions of the Mississippi River and Tributaries
Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
award any continuing contract that commits additional funding from the
Inland Waterways Trust Fund unless or until such time that a long-term
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104. Beginning on the date of enactment of this Act and
hereafter, not later than 120 days after the date of the Chief of
Engineers Report on a water resource matter, the Assistant Secretary of
the Army (Civil Works) shall submit the report to the appropriate
authorizing and appropriating committees of the Congress.
Sec. 105. During the fiscal year period covered by this Act, the
Secretary of the Army is authorized to implement measures recommended
in the efficacy study authorized under section 3061 of the Water
Resources Development Act of 2007 (121 Stat. 1121) or in interim
reports, with such modifications or emergency measures as the Secretary
of the Army determines to be appropriate, to prevent aquatic nuisance
species from dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River Basin.
Sec. 106. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $4,700,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 107. That portion of the project for navigation, Ipswich
River, Massachusetts adopted by the Rivers and Harbor Act of August 5,
1886 consisting of a 4-foot channel located at the entrance to the
harbor at Ipswich Harbor, lying northwesterly of a line commencing at:
N3074938.09, E837154.87, thence running easterly about 60 feet to a
point with coordinates N3074972.62, E837203.93, is no longer authorized
as a Federal project after the date of enactment of this Act.
Sec. 108. That portion of the project of navigation, Chicago
Harbor, Illinois, authorized by the River and Harbor Acts of March 3,
1899 and March 2, 1919, and that begins at the southwest corner of the
Metropolitan Sanitary District of Greater Chicago sluice gate that
abuts the north wall of the Chicago River Lock and that continues north
for approximately 290 feet, thence east approximately 1,000 feet, then
south approximately 290 feet, thence west approximately 1,000 feet to
the point of beginning shall no longer be authorized as a Federal
project after the date of enactment of this Act.
Sec. 109. Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the portion of the
project for navigation, Warwick Cove, Rhode Island, authorized by
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) that is
located within the 5 acre anchorage area east of the channel and lying
east of the line beginning at a point with coordinates N220,349.79,
E357,664.90 thence running north 9 degrees 10 minutes 21.5 seconds west
170.38 feet to a point N220,517.99, E357,637.74 thence running north 17
degrees 44 minutes 30.4 seconds west 165.98 feet to a point
N220,676.08, E357,587.16 thence running north 0 degrees 46 minutes 0.9
seconds east 138.96 feet to a point N220,815.03, E357,589.02 thence
running north 8 degrees 36 minutes 22.9 seconds east 101.57 feet to a
point N220,915.46, E357,604.22 thence running north 18 degrees 18
minutes 27.3 seconds east 168.20 feet to a point N221,075.14,
E357,657.05 thence running north 34 degrees 42 minutes 7.2 seconds east
106.4 feet to a point N221,162.62,209 E357,717.63 thence running south
29 degrees 14 minutes 17.4 seconds east 26.79 feet to a point
N221,139.24, E357,730.71 thence running south 30 degrees 45 minutes
30.5 seconds west 230.46 feet to a point N220,941.20, E357,612.85
thence running south 10 degrees 49 minutes12.0 seconds west 95.46 feet
to a point N220,847.44, E357,594.93 thence running south 9 degrees 13
minutes 44.5 seconds east 491.68 feet to a point N220,362.12,
E357,673.79 thence running south 35 degrees 47 minutes 19.4 seconds
west 15.20 feet to the point of origin.
Sec. 110. (a) Section 1001(17)(A) of Public Law 110-114 is
amended--
(1) by striking ``$125,270,000'' and inserting in lieu thereof,
``$152,510,000'';
(2) by striking ``$75,140,000'' and inserting in lieu thereof,
``$92,007,000''; and
(3) by striking ``$50,130,000'' and inserting in lieu thereof,
``$60,503,000''.
(b) The amendments made by subsection (a) shall take effect as of
November 8, 2007.
Sec. 111. The project for flood control, Little Calumet River,
Indiana, authorized by section 401(a) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4115), is
modified to authorize the Secretary to carry out the project at a total
cost of $269,988,000 with an estimated Federal cost of $202,800,000 and
an estimated non-Federal cost of $67,188,000.
Sec. 112. During fiscal years 2014 and 2015, the limitation
relating to total project costs in section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280) shall not apply with respect
to any project that receives funds made available by this title.
Sec. 113. The Cape Arundel Disposal Site in the State of Maine
selected by the Department of the Army as an alternative dredged
material disposal site under section 103(b) of the Marine Protection
Research and Sanctuaries Act of 1972, shall remain open for 5 years
after enactment of this Act, until the remaining disposal capacity of
the site has been utilized, or until completion of an Environmental
Impact Statement to support final designation of an Ocean Dredged
Material Disposal Site for southern Maine under section 102(c) of the
Marine Protection Research and Sanctuaries Act of 1972, whichever first
occurs, provided that the site conditions remain suitable for such
purpose and that the site may not be used for disposal of more than
80,000 cubic yards from any single dredging project.
Sec. 114. None of the funds made available in this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007.
Sec. 115. None of the funds made available in this or any other
Act making appropriations for Energy and Water Development for any
fiscal year may be used by the Corps of Engineers during the fiscal
year ending September 30, 2014, to develop, adopt, implement,
administer, or enforce any change to the regulations in effect on
October 1, 2012, pertaining to the definitions of the terms ``fill
material'' or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 116. During fiscal year 2014, any work that is required to be
undertaken on a flood control project because of impacts to that
project from a navigation project may be cost shared in accordance with
the cost sharing requirements for the navigation project.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $8,725,000, to remain available until expended, of
which $1,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,300,000 shall be available until
September 30, 2015, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2014, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $954,085,000, to remain available until expended, of which
$28,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $8,401,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until expended
for the same purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds may be
used for high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $53,288,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2015, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2014, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. (a) Use of Technical Memorandum.--Notwithstanding any
other provision of law, until such time as the pipeline reliability
study identified in the joint explanatory statement accompanying the
Consolidated Appropriations Act, 2012, (Public Law 112-74) is completed
and any necessary changes are made to Technical Memorandum 8140-CC-
2004-1 (``Corrosion Considerations for Buried Metallic Water Pipe'') in
accordance with subsection (c)--
(1) The Bureau of Reclamation shall not use the Technical
Memorandum as the sole basis to deny funding or approval of a
project or to disqualify any material from use in severely
corrosive soils; and
(2) Reclamation shall notify the Committees on Appropriations
of the House of Representatives and the Senate prior to
advertisement of any project with a buried metallic pipeline where
severely corrosive soils are anticipated to be encountered. The
notification shall include the corrosion prevention requirements
that are anticipated to be required in the contract bidding
documents.
(b) Deviations.--If the entity that will be the ultimate owner of a
project requests a deviation from the corrosion prevention requirements
that the Bureau of Reclamation proposes for such project, Reclamation
shall give expeditious consideration to granting the deviation and
include liability waivers, if appropriate.
(c) Revisions to Technical Memorandum.--A proposal to update
Technical Memorandum 8140-CC-2004-1 (``Corrosion Considerations for
Buried Metallic Water Pipe'') shall be--
(1) Subject to a peer review by appropriate experts not
employed or selected by the Bureau of Reclamation and in accordance
with the standards referenced in the Office of Management and
Budget document ``Final Information Quality Bulletin for Peer
Review''; and
(2) Promulgated in accordance with the requirements of
Reclamation's Design Standard No. 1 (General Design Standards Dated
May 2012), and any other applicable law, regulation, or agency
process, including opportunities for meaningful public
participation and input.
Sec. 204. The Secretary of the Interior may hereafter participate
in non-Federal groundwater banking programs to increase the operational
flexibility, reliability, and efficient use of water in the State of
California, and this participation may include making payment for the
storage of Central Valley Project water supplies, the purchase of
stored water, the purchase of shares or an interest in ground banking
facilities, or the use of Central Valley Project water as a medium of
payment for groundwater banking services: Provided, That the Secretary
of the Interior shall participate in groundwater banking programs only
to the extent allowed under State law and consistent with water rights
applicable to the Central Valley Project: Provided further, That any
water user to which banked water is delivered shall pay for such water
in the same manner provided by that water user's then-current Central
Valley Project water service, repayment, or water rights settlement
contract at the rate provided by the then-current Central Valley
Project Irrigation or Municipal and Industrial Rate Setting Policies;
and: Provided further, That in implementing this section, the
Secretary of the Interior shall comply with applicable environmental
laws, including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) Nothing herein shall alter or limit the Secretary's
existing authority to use groundwater banking to meet existing fish and
wildlife obligations.
Sec. 205. (a) Subject to compliance with all applicable Federal and
State laws, a transfer of irrigation water among Central Valley Project
contractors from the Friant, San Felipe, West San Joaquin, and Delta
divisions, and a transfer from a long-term Friant Division water
service or repayment contractor to a temporary or prior temporary
service contractors within the place of use in existence on the date of
the transfer, as identified in the Bureau of Reclamation water rights
permits for the Friant Division, shall hereafter be considered to meet
the conditions described in subparagraphs (A) and (I) of section
3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act
of 1992 (Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service and the Commissioner of the
Bureau of Reclamation shall initiate and complete, on the most
expedited basis practicable, programmatic environmental compliance so
as to facilitate voluntary water transfers within the Central Valley
Project, consistent with all applicable Federal and State law.
(c) Not later than 180 days after the date of enactment of this Act
and each of the 4 years thereafter, the Commissioner of the Bureau of
Reclamation shall submit to the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the
Senate a report that describes the status of efforts to help facilitate
and improve the water transfers within the Central Valley Project and
water transfers between the Central Valley Project and other water
projects in the State of California; evaluates potential effects of
this Act on Federal programs, Indian tribes, Central Valley Project
operations, the environment, groundwater aquifers, refuges, and
communities; and provides recommendations on ways to facilitate and
improve the process for these transfers.
Sec. 206. Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``2012'' and inserting ``2017''.
Sec. 207. Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 210 of
Public Law 111-85, is amended by striking ``2014'' each place it
appears and inserting ``2015''.
Sec. 208. The Secretary may hereafter partner, provide a grant to,
or enter into a cooperative agreement with local joint powers
authorities formed pursuant to State law by irrigation districts and
other local water districts and local governments, to advance planning
and feasibility studies authorized by Congress for water storage
project: Provided, That the Secretary shall ensure that all documents
associated with the preparation of planning and feasibility studies and
applicable environmental reviews under the National Environmental
Policy Act for a project covered by this section shall be made
available to any joint powers authority with whom the Secretary enters
into an agreement to advance such project: Provided further, That the
Secretary, acting through the Commissioner of the Bureau of
Reclamation, shall ensure that all applicable environmental reviews
under the National Environmental Policy Act, to the degree such reviews
are required, are completed on an expeditious basis and that the
shortest existing applicable process under the National Environmental
Policy Act shall be utilized, including in the completion of
feasibility studies, Draft Environmental Impact Statements (DEIS) and
Final Environmental Impact Statements (FEIS): Provided further, That
the Bureau of Reclamation need not complete the applicable feasibility
study, DEIS or FEIS if the Commissioner determines, and the Secretary
concurs, that the project can be expedited by a joint powers authority
as a non-Federal project or if the project fails to meet applicable
Federal cost-benefit requirements or standards: Provided further, That
the Secretary shall not provide financial assistance towards these
studies or projects, unless there is a demonstrable Federal interest.
Sec. 209. Section 9 of the Fort Peck Reservation Rural Water
System Act of 2000 (Public Law 106-382; 114 Stat. 1457, 123 Stat. 2856)
is amended by striking ``2015'' each place it appears in subsections
(a)(1) and (b) and inserting ``2020''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer and rescissions of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,912,104,111, to
remain available until expended: Provided, That $162,000,000 shall be
available until September 30, 2015, for program direction: Provided
further, That of the amount provided under this heading, the Secretary
may transfer up to $45,000,000 to the Defense Production Act Fund for
activities of the Department of Energy pursuant to the Defense
Production Act of 1950 (50 U.S.C. App. 2061, et seq.): Provided
further, That $4,711,100 from Public Law 111-8 and $5,707,011 from
Public Law 111-85 provided under this heading are hereby rescinded:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $147,306,000, to
remain available until expended: Provided, That $27,606,000 shall be
available until September 30, 2015, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not more than 10 buses
and 2 ambulances, all for replacement only, $889,190,000, to remain
available until expended: Provided, That of the amount made available
under this heading, $90,000,000 shall be available until September 30,
2015, for program direction.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), $562,065,000, to remain available
until expended: Provided, That $120,000,000 shall be available until
September 30, 2015, for program direction: Provided further, That for
all programs funded under Fossil Energy appropriations in this and
subsequent Acts, the Secretary may vest fee title or other property
interests acquired under projects in any entity, including the United
States.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $20,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.),
$189,400,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $8,000,000, to
remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $117,000,000, to remain available until
expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $231,765,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $598,823,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 25 passenger motor vehicles
for replacement only, including one law enforcement vehicle, one
ambulance, and one bus, $5,071,000,000, to remain available until
expended: Provided, That $185,000,000 shall be available until
September 30, 2015, for program direction: Provided further, That not
more than $22,790,000 may be made available for U.S. cash contributions
to the International Thermonuclear Experimental Reactor project until
its governing Council adopts the recommendations of the Third Biennial
International Organization Management Assessment Report: Provided
further, That the Secretary of Energy may waive this requirement upon
submission to the Committees on Appropriations of the House of
Representatives and the Senate a determination that the Council is
making satisfactory progress towards adoption of such recommendations.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69), as
amended, $280,000,000, to remain available until expended: Provided,
That $28,000,000 shall be available until September 30, 2015, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That, for
necessary administrative expenses to carry out this Loan Guarantee
program, $42,000,000 is appropriated, to remain available until
September 30, 2015: Provided further, That $22,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2014 appropriation from the general
fund estimated at not more than $20,000,000: Provided further, That
fees collected under section 1702(h) in excess of the amount
appropriated for administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy shall
not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) or
subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $6,000,000, to remain available
until September 30, 2015.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$234,637,000, to remain available until September 30, 2015, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $108,188,000 in fiscal year
2014 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation from the general fund estimated at not more than
$126,449,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,120,000, to remain available until September 30, 2015.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance, $7,845,000,000, to remain available until
expended: Provided, That of such amount not more than $40,000,000 may
be made available for B83 Stockpile Systems until the Nuclear Weapons
Council certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the B83 gravity bomb will be
retired by fiscal year 2025 or as soon as confidence in the B61-12
stockpile is gained: Provided further, That of the unobligated
balances from prior year appropriations available under this heading,
$64,000,000 is hereby rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,954,000,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,095,000,000,
to remain available until expended: Provided, That $43,212,000 shall
be available until September 30, 2015, for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, $377,000,000, to remain
available until September 30, 2015, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one sport utility vehicle, three lube trucks, and one
fire truck for replacement only, $5,000,000,000, to remain available
until expended: Provided, That $300,000,000 shall be available until
September 30, 2015, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $755,000,000, to remain available until expended: Provided,
That $127,035,000 shall be available until September 30, 2015, for
program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
construction of, or participating in the construction of, a high
voltage line from Bonneville's high voltage system to the service areas
of requirements customers located within Bonneville's service area in
southern Idaho, southern Montana, and western Wyoming; and such line
may extend to, and interconnect in, the Pacific Northwest with lines
between the Pacific Northwest and the Pacific Southwest, and for John
Day Reprogramming and Construction, the Columbia River Basin White
Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success
Evaluation Research, and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000: Provided,
That during fiscal year 2014, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, and including official reception and
representation expenses in an amount not to exceed $1,500, $7,750,000,
to remain available until expended: Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to
$7,750,000 collected by the Southeastern Power Administration from the
sale of power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
Southeastern Power Administration: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2014 appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to $78,081,000
collected by the Southeastern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,456,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $33,564,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2014 appropriation
estimated at not more than $11,892,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $42,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That, for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $299,919,000, to remain
available until expended, of which $292,019,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $203,989,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2014 appropriation
estimated at not more than $95,930,000, of which $88,030,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $230,738,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses): Provided further,
That for purposes of this appropriation in this and subsequent Acts,
purchase power and wheeling expenses includes the cost of voluntary
purchases of power allowances in compliance with state greenhouse gas
programs existing at the time of enactment of this Act.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,330,671, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,910,671 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation estimated at not more than $420,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2014, the
Administrator of the Western Area Power Administration may accept up to
$865,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$304,600,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $304,600,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2014 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2014 so as to result in a final fiscal year 2014 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of the House of Representatives and the Senate at least
3 full business days in advance, none of the funds made available in
this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the conclusion of each quarter a report detailing
each grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds for
the award were appropriated, the account and program, project, or
activity from which the funds are being drawn, the title of the
award, and a brief description of the activity for which the award
is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of the House of
Representatives and the Senate at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days prior to the use of any proposed
reprogramming which would cause any program, project, or activity
funding level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate of
any waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of the Intelligence
Authorization Act for fiscal year 2014.
Sec. 304. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Health, Safety, and Security to ensure
the project is in compliance with nuclear safety requirements.
Sec. 305. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 306. (a) Any determination (including a determination made
prior to the date of enactment of this Act) by the Secretary pursuant
to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
335), as amended, shall be valid for not more than 2 calendar years
subsequent to such determination.
(b) Not less than 30 days prior to the provision of uranium in any
form the Secretary shall notify the House and Senate Committees on
Appropriations of the following:
(1) the amount of uranium to be provided;
(2) an estimate by the Secretary of the gross fair market value
of the uranium on the expected date of the provision of the
uranium;
(3) the expected date of the provision of the uranium;
(4) the recipient of the uranium; and
(5) the value the Secretary expects to receive in exchange for
the uranium, including any adjustments to the gross fair market
value of the uranium.
Sec. 307. Section 20320 of the Continuing Appropriations
Resolution, 2007, Public Law 109-289, division B, as amended by the
Revised Continuing Appropriations Resolution, 2007, Public Law 110-5,
is amended by striking in subsection (c) ``an annual review'' after
``conduct'' and inserting in lieu thereof ``a review every three
years''.
Sec. 308. None of the funds made available by this or any
subsequent Act for fiscal year 2014 or any fiscal year hereafter may be
used to pay the salaries of Department of Energy employees to carry out
the amendments made by section 407 of division A of the American
Recovery and Reinvestment Act of 2009.
Sec. 309. Notwithstanding section 307 of Public Law 111-85, of the
funds made available by the Department of Energy for activities at
Government-owned, contractor-operated laboratories funded in this or
any subsequent Energy and Water Development Appropriations Act for any
fiscal year, the Secretary may authorize a specific amount, not to
exceed 6 percent of such funds, to be used by such laboratories for
laboratory directed research and development.
Sec. 310. Notwithstanding section 301(c) of this Act, none of the
funds made available under the heading ``Department of Energy--Energy
Programs--Science'' may be used for a multiyear contract, grant,
cooperative agreement, or Other Transaction Agreement of $1,000,000 or
less unless the contract, grant, cooperative agreement, or Other
Transaction Agreement is funded for the full period of performance as
anticipated at the time of award.
Sec. 311. (a) Not later than June 30, 2014, the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a tritium and enriched uranium
management plan that provides--
(1) an assessment of the national security demand for tritium
and low and highly enriched uranium through 2060;
(2) a description of the Department of Energy's plan to provide
adequate amounts of tritium and enriched uranium for national
security purposes through 2060; and
(3) an analysis of planned and alternative technologies which
are available to meet the supply needs for tritium and enriched
uranium for national security purposes, including weapons
dismantlement and down-blending.
(b) The analysis provided by (a)(3) shall include a detailed
estimate of the near- and long-term costs to the Department of Energy
should the Tennessee Valley Authority no longer be a viable tritium
supplier.
Sec. 312. The Secretary of Energy shall submit to the
congressional defense committees (as defined in U.S.C. 101(a)(16)), a
report on each major warhead refurbishment program that reaches the
Phase 6.3 milestone, and not later than April 1, 2014 for the B61-12
life extension program, that provides an analysis of alternatives which
includes--
(1) a full description of alternatives considered prior to the
award of Phase 6.3;
(2) a comparison of the costs and benefits of each of those
alternatives, to include an analysis of trade-offs among cost,
schedule, and performance objectives against each alternative
considered;
(3) identification of the cost and risk of critical technology
elements associated with each alternative, including technology
maturity, integration risk, manufacturing feasibility, and
demonstration needs;
(4) identification of the cost and risk of additional capital
asset and infrastructure capabilities required to support
production and certification of each alternative;
(5) a comparative analysis of the risks, costs, and scheduling
needs for any military requirement intended to enhance warhead
safety, security, or maintainability, including any requirement to
consolidate and/or integrate warhead systems or mods as compared to
at least one other feasible refurbishment alternative the Nuclear
Weapons Council considers appropriate; and
(6) a life-cycle cost estimate for the alternative selected
that details the overall cost, scope, and schedule planning
assumptions. For the B61-12 life extension program, the life cycle
cost estimate shall include an analysis of reduced life cycle costs
for Option 3b, including cost savings from consolidating the
different B61 variants.
Sec. 313. (a) In General.--Subject to subsections (b) through (d),
the Secretary may appoint, without regard to the provisions of chapter
33 of title 5, United States Code, governing appointments in the
competitive service, exceptionally well qualified individuals to
scientific, engineering, or other critical technical positions.
(b) Limitations.--
(1) Number of positions.--The number of critical positions
authorized by subsection (a) may not exceed 120 at any one time in
the Department.
(2) Term.--The term of an appointment under subsection (a) may
not exceed 4 years.
(3) Prior employment.--An individual appointed under subsection
(a) shall not have been a Department employee during the 2-year
period ending on the date of appointment.
(4) Pay.--
(A) In general.--The Secretary shall have the authority to
fix the basic pay of an individual appointed under subsection
(a) at a rate to be determined by the Secretary up to level I
of the Executive Schedule without regard to the civil service
laws.
(B) Total annual compensation.--The total annual
compensation for any individual appointed under subsection (a)
may not exceed the highest total annual compensation payable at
the rate determined under section 104 of title 3, United States
Code.
(5) Adverse actions.--An individual appointed under subsection
(a) may not be considered to be an employee for purposes of
subchapter II of chapter 75 of title 5, United States Code.
(c) Requirements.--
(1) In general.--The Secretary shall ensure that--
(A) the exercise of the authority granted under subsection
(a) is consistent with the merit principles of section 2301 of
title 5, United States Code; and
(B) the Department notifies diverse professional
associations and institutions of higher education, including
those serving the interests of women and racial or ethnic
minorities that are underrepresented in scientific,
engineering, and mathematical fields, of position openings as
appropriate.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary and the Director of the Office of
Personnel Management shall submit to Congress a report on the use
of the authority provided under this section that includes, at a
minimum, a description or analysis of--
(A) the ability to attract exceptionally well qualified
scientists, engineers, and technical personnel;
(B) the amount of total compensation paid each employee
hired under the authority each calendar year; and
(C) whether additional safeguards or measures are necessary
to carry out the authority and, if so, what action, if any, has
been taken to implement the safeguards or measures.
(d) Termination of Effectiveness.--The authority provided by this
section terminates effective on the date that is 4 years after the date
of enactment of this Act.
Sec. 314. Section 804 of Public Law 110-140 (42 U.S.C. 17283) is
hereby repealed.
Sec. 315. Section 205 of Public Law 95-91 (42 U.S.C. 7135), as
amended, is hereby further amended:
(1) in paragraph (i)(1) by striking ``once every two years''
and inserting ``once every four years''; and
(2) in paragraph (k)(1) by striking ``once every three years''
and inserting ``once every four years''.
Sec. 316. Notwithstanding any other provision of law, the
Department may use funds appropriated by this title to carry out a
study regarding the conversion to contractor performance of any
function performed by Federal employees at the New Brunswick
Laboratory, pursuant to Office of Management and Budget Circular A-76
or any other administrative regulation, directive, or policy.
Sec. 317. Of the amounts appropriated for non-defense programs in
this title, $7,000,000 are hereby reduced to reflect savings from
limiting foreign travel for contractors working for the Department of
Energy, consistent with similar savings achieved for Federal employees.
The Department shall allocate the reduction among the non-security
appropriations made in this title.
Sec. 318. Section 15(g) of Public Law 85-536 (15 U.S.C. 644), as
amended, is hereby further amended by inserting the following at the
end: ``(3) First tier subcontracts that are awarded by Management and
Operating contractors sponsored by the Department of Energy to small
business concerns, small businesses concerns owned and controlled by
service disabled veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business concerns
owned and controlled by women, shall be considered toward the annually
established agency and Government-wide goals for procurement contracts
awarded.''.
Sec. 319. (a) Establishment.--The Secretary shall establish an
independent commission to be known as the ``Commission to Review the
Effectiveness of the National Energy Laboratories.'' The National
Energy Laboratories refers to all Department of Energy and National
Nuclear Security Administration national laboratories.
(b) Members.--
(1) The Commission shall be composed of nine members who shall
be appointed by the Secretary of Energy not later than May 1, 2014,
from among persons nominated by the President's Council of Advisors
on Science and Technology.
(2) The President's Council of Advisors on Science and
Technology shall, not later than March 15, 2014, nominate not less
than 18 persons for appointment to the Commission from among
persons who meet qualification described in paragraph (3).
(3) Each person nominated for appointment to the Commission
shall--
(A) be eminent in a field of science or engineering; and/or
(B) have expertise in managing scientific facilities; and/
or
(C) have expertise in cost and/or program analysis; and
(D) have an established record of distinguished service.
(4) The membership of the Commission shall be representative of
the broad range of scientific, engineering, financial, and
managerial disciplines related to activities under this title.
(5) No person shall be nominated for appointment to the Board
who is an employee of--
(A) the Department of Energy;
(B) a national laboratory or site under contract with the
Department of Energy;
(C) a managing entity or parent company for a national
laboratory or site under contract with the Department of
Energy; or
(D) an entity performing scientific and engineering
activities under contract with the Department of Energy.
(c) Commission Review and Recommendations.--
(1) The Commission shall, by no later than February 1, 2015,
transmit to the Secretary of Energy and the Committees on
Appropriations of the House of Representatives and the Senate a
report containing the Commission's findings and conclusions.
(2) The Commission shall address whether the Department of
Energy's national laboratories--
(A) are properly aligned with the Department's strategic
priorities;
(B) have clear, well understood, and properly balanced
missions that are not unnecessarily redundant and duplicative;
(C) have unique capabilities that have sufficiently evolved
to meet current and future energy and national security
challenges;
(D) are appropriately sized to meet the Department's energy
and national security missions; and
(E) are appropriately supporting other Federal agencies and
the extent to which it benefits DOE missions.
(3) The Commission shall also determine whether there are
opportunities to more effectively and efficiently use the
capabilities of the national laboratories, including consolidation
and realignment, reducing overhead costs, reevaluating governance
models using industrial and academic bench marks for comparison,
and assessing the impact of DOE's oversight and management
approach. In its evaluation, the Commission should also consider
the cost and effectiveness of using other research, development,
and technology centers and universities as an alternative to
meeting DOE's energy and national security goals.
(4) The Commission shall analyze the effectiveness of the use
of laboratory directed research and development (LDRD) to meet the
Department of Energy's science, energy, and national security
goals. The Commission shall further evaluate the effectiveness of
the Department's oversight approach to ensure LDRD-funded projects
are compliant with statutory requirements and congressional
direction, including requirements that LDRD projects be distinct
from projects directly funded by appropriations and that LDRD
projects derived from the Department's national security programs
support the national security mission of the Department of Energy.
Finally, the Commission shall quantify the extent to which LDRD
funding supports recruiting and retention of qualified staff.
(5) The Commission's charge may be modified or expanded upon
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
(d) Response by the Secretary of Energy.--
(1) The Secretary of Energy shall, by no later than April 1,
2015, transmit to Committees on Appropriations of the House of
Representatives and the Senate a report containing the Secretary's
approval or disapproval of the Commission's recommendations and an
implementation plan for approved recommendations.
Sec. 320. The Committees on Appropriations of the House of
Representatives and the Senate shall receive a 30-day advance
notification with a detailed explanation of any waiver or adjustment
made by the National Nuclear Security Administration's Fee Determining
Official to at-risk award fees for Management and Operating contractors
that result in award term extensions.
Sec. 321. To further the research, development, and demonstration
of national nuclear security-related enrichment technologies, the
Secretary of Energy may transfer up to $56,650,000 of funding made
available in this title under the heading ``National Nuclear Security
Administration'' to ``National Nuclear Security Administration, Weapons
Activities'' not earlier than 30 days after the Secretary provides to
the Committees on Appropriations of the House of Representatives and
the Senate a cost-benefit analysis of available and prospective
domestic enrichment technologies for national security needs, the
scope, schedule, and cost of his preferred option, and after
congressional notification and approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 322. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10, Code
of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector lamps, and
ER incandescent reflector lamps.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for necessary expenses for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $80,317,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $28,000,000, to
remain available until September 30, 2015.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N
of said Act, $12,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $10,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, including official representation expenses not to exceed
$25,000, $1,043,937,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2015,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$920,721,000 in fiscal year 2014 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2014 so as to result in
a final fiscal year 2014 appropriation estimated at not more than
$123,216,000: Provided further, That of the amounts appropriated under
this heading, $10,000,000 shall be for university research and
development in areas relevant to their respective organization's
mission, and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$11,955,000, of which $850,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board, to remain available
until September 30, 2015: Provided, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$9,994,000 in fiscal year 2014 shall be retained and be available until
September 30, 2015, for necessary salaries and expenses in this
account, notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2014 so as to result
in a final fiscal year 2014 appropriation estimated at not more than
$1,961,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,400,000, to be
derived from the Nuclear Waste Fund, to remain available until
September 30, 2015.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator
for Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act, $1,000,000, to remain available until
September 30, 2015: Provided, That any fees, charges, or commissions
received pursuant to section 106(h) of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720d(h)) in fiscal year 2014 in excess of $2,402,000
shall not be available for obligation until appropriated in a
subsequent Act of Congress.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. Notwithstanding any other provision of law, the
Inspector General of the Nuclear Regulatory Commission is authorized in
this and subsequent years to exercise the same authorities with respect
to the Defense Nuclear Facilities Safety Board, as determined by the
Inspector General of the Nuclear Regulatory Commission, as the
Inspector General exercises under the Inspector General Act of 1978 (5
U.S.C. App.) with respect to the Nuclear Regulatory Commission.
Sec. 402. The Chairman of the Nuclear Regulatory Commission shall
notify the other members of the Commission, the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate, not later
than 1 day after the Chairman begins performing functions under the
authority of section 3 of Reorganization Plan No. 1 of 1980, or after a
member of the Commission who was delegated emergency functions under
subsection (b) of that section begins performing those functions. Such
notification shall include an explanation of the circumstances
warranting the exercise of such authority. The Chairman shall report to
the Committees, not less frequently than once each week, on the actions
taken by the Chairman, or a delegated member of the Commission, under
such authority, until the authority is relinquished. The Chairman shall
notify the Committees not later than 1 day after such authority is
relinquished. The Chairman shall submit the report required by section
3(d) of the Reorganization Plan No. 1 of 1980 to the Committees not
later than 1 day after it was submitted to the Commission.
Sec. 403. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 503. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 504. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred, and shall
not replace or modify existing notification requirements for each
authority.
Sec. 505. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2014''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2014
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, including for terrorism and financial intelligence
activities; executive direction program activities; international
affairs and economic policy activities; domestic finance and tax policy
activities; and Treasury-wide management policies and programs
activities, $312,400,000: Provided, That of the amount appropriated
under this heading--
(1) the following amounts shall be available as provided:
(A) $102,000,000 for the Office of Terrorism and Financial
Intelligence, of which not to exceed $26,000,000 is available
for administrative expenses;
(B) not to exceed $350,000 for official reception and
representation expenses;
(C) not to exceed $258,000 for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(D) notwithstanding any other provision of law, up to
$1,000,000 may be contributed to the Organization for Economic
Cooperation and Development for the Department's participation
in programs related to global tax administration;
(2) $19,187,000 shall remain available until September 30,
2015, of which $8,287,000 is available for the Treasury-wide
Financial Statement Audit and Internal Control Program; $3,000,000
is for information technology modernization requirements; $500,000
is for secure space requirements; and $7,400,000 is for audit,
oversight, and administration of the Gulf Coast Restoration Trust
Fund; and
(3) up to $3,400,000 shall remain available until September 30,
2016, to develop and implement programs within the Office of
Critical Infrastructure Protection and Compliance Policy, including
entering into cooperative agreements.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $2,725,000, to
remain available until September 30, 2016: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,800,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which not to exceed $2,500
shall be available for official reception and representation expenses;
and of which $2,800,000 shall be for audits and investigations
conducted pursuant to section 1608 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012 (33 U.S.C. 1321 note).
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Inspector General for Tax Administration;
$156,375,000, of which $5,000,000 shall remain available until
September 30, 2015; of which not to exceed $6,000,000 shall be
available for official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the Inspector
General for Tax Administration; and of which not to exceed $1,500 shall
be available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $34,923,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $14,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$112,000,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2016.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$736,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $360,165,000; of which not to exceed $4,210,000, to remain
available until September 30, 2016, is for information systems
modernization initiatives; of which $8,740,000 shall remain available
until September 30, 2016 for expenses related to the consolidation of
the Financial Management Service and the Bureau of the Public Debt; and
of which $5,000 shall be available for official reception and
representation expenses. In addition, $165,000, to be derived from the
Oil Spill Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000 shall be for the costs of criminal enforcement
activities and special law enforcement agents for targeting tobacco
smuggling and other criminal diversion activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2014 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $19,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
EX-3, $226,000,000, to remain available until September 30, 2015; of
which $15,000,000 shall be for financial assistance, technical
assistance, training and outreach programs, designed to benefit Native
American, Native Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender organizations
with experience and expertise in community development banking and
lending in Indian country, Native American organizations, tribes and
tribal organizations and other suitable providers; of which,
notwithstanding sections 4707(d) and 4707(e) of title 12, United States
Code, up to $22,000,000 shall be for a Healthy Food Financing
Initiative to provide financial assistance, technical assistance,
training, and outreach to community development financial institutions
for the purpose of offering affordable financing and technical
assistance to expand the availability of healthy food options in
distressed communities; of which $18,000,000 shall be for the Bank
Enterprise Award program; of which up to $24,636,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit Program and the CDFI Bond Guarantee Program, $1,000,000 for
capacity building to expand CDFI investments in underserved areas, and
up to $300,000 for the direct loan program; and of which up to
$2,222,500 may be used for the cost of direct loans: Provided, That
the cost of direct loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $25,000,000: Provided further, That during fiscal year 2014,
commitments to guarantee bonds and notes under section 114A of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4701 et seq.) shall not exceed $750,000,000: Provided further,
That no funds shall be available for the cost, if any, of bonds and
notes guaranteed under such section, as defined in section 502 of the
Congressional Budget Act of 1974.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,122,554,000, of which not less than
$5,600,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $10,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $12,000,000, to remain
available until September 30, 2015, shall be available for a Community
Volunteer Income Tax Assistance matching grants program for tax return
preparation assistance, of which not less than $203,000,000 shall be
available for operating expenses of the Taxpayer Advocate Service:
Provided, That of the amounts made available for the Taxpayer Advocate
Service, not less than $5,000,000 shall be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase (for
police-type use, not to exceed 850) and hire passenger motor vehicles
(31 U.S.C. 1343(b)), and to provide other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the Commissioner,
$5,022,178,000, of which not less than $200,000 shall be for intensive
training of employees in the Exempt Organizations Unit and of which not
less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,740,942,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2015, for information technology
support; of which not to exceed $65,000,000 shall remain available
until expended for acquisition of equipment and construction, repair
and renovation of facilities; of which not to exceed $1,000,000 shall
remain available until September 30, 2016, for research; of which not
less than $2,000,000 shall be for the Internal Revenue Service
Oversight Board; of which not to exceed $25,000 shall be for official
reception and representation expenses: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the House and Senate Committees on
Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for its major information
technology investments, including the purpose and life-cycle stages of
the investments; the reasons for any cost and schedule variances; the
risks of such investments and strategies the Internal Revenue Service
is using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall include, in
its budget justification for fiscal year 2015, a summary of cost and
schedule performance information for its major information technology
systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $312,938,000, to remain available until
September 30, 2016, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
House and Senate Committees on Appropriations and the Comptroller
General of the United States detailing the cost and schedule
performance for CADE2 and Modernized e-File information technology
investments, including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed
3 percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 109. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $92,000,000, to be available
until September 30, 2015, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely to improve the delivery of services to taxpayers, to
improve the identification and prevention of refund fraud and identity
theft, and to address international and offshore compliance issues:
Provided, That such funds shall supplement, not supplant any other
amounts made available by the Internal Revenue Service for such
purpose: Provided further, That such funds shall not be available
until the Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan for such
funds: Provided further, That such funds shall not be used to support
any provision of Public Law 111-148, Public Law 111-152, or any
amendment made by either such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 110. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 111. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 112. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 113. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 114. The Secretary of the Treasury may transfer funds from
the Bureau of the Fiscal Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 117. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2014 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2014.
Sec. 118. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 119. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, the Working Capital Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 120. (a) Not later than 2 weeks after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the House and the Senate
Committees on Appropriations, the Committee on Financial Services of
the House of Representatives and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 121. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Working Capital Fund including the amount charged for each service
provided by the Working Capital Fund to each office and a detailed
explanation of how each charge for each service is calculated.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2014''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,700,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $750,000, to remain available until
expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,184,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,600,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $112,726,000, of which not to exceed
$12,006,000 shall remain available until expended for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $89,300,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further, That the
Director of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the Office of
Management and Budget review period based on the notification from the
Director, Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $22,750,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $238,522,000,
to remain available until September 30, 2015, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2012 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2013, shall be funded at not less than the fiscal year
2013 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2014 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $105,394,000, to remain available until expended, which shall
be available as follows: $92,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $1,400,000 for drug court training and technical
assistance; $8,750,000 for anti-doping activities; $1,994,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469: Provided, That amounts made available under this
heading may be transferred to other Federal departments and agencies to
carry out such activities.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $8,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes: Provided further, That the Director
of the Office of Management and Budget shall submit quarterly reports
not later than 45 days after the end of each quarter to the Committees
on Appropriations of the House of Representatives and the Senate and
the Government Accountability Office identifying the savings achieved
by the Office of Management and Budget's government-wide information
technology reform efforts: Provided further, That such reports shall
include savings identified by fiscal year, agency, and appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $800,000, to remain available
until September 30, 2015.
Data-Driven Innovation
(including transfer of funds)
For necessary expenses to improve the use of data and evidence to
improve government effectiveness and efficiency, $2,000,000, to remain
available until expended, for projects that enable Federal agencies to
increase the use of evidence and innovation in order to improve program
results and cost-effectiveness by utilizing rigorous evaluation and
other evidence-based tools: Provided, That the Director of the Office
of Management and Budget shall transfer these funds to one or more
other agencies to carry out projects to meet these purposes and to
conduct or provide for evaluation of such projects: Provided further,
That the Office of Management and Budget shall submit a progress report
to the Committees on Appropriations of the House of Representatives and
the Senate and the Government Accountability Office not later than
March 31, 2014 and semiannually thereafter until the program is
completed, including detailed information on goals, objectives,
performance measures, and evaluations of the program in general and of
each specific project.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,319,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to
be accounted for solely on his certificate, $305,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2016, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2016 from
assessments, user fees, and other fees by the Federal agency making
the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. The Director of the Office of National Drug Control
Policy shall submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of more than
20 percent of the funds appropriated in any account under the heading
``Office of National Drug Control Policy'', a detailed narrative and
financial plan on the proposed uses of all funds under the account by
program, project, and activity: Provided, That the reports required by
this section shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information detailing
how the estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and changes in
funding of ongoing projects shall be subject to the prior approval of
the Committees on Appropriations.
Sec. 204. Not to exceed 2 percent of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 205. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2014''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $72,625,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $11,158,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $29,600,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $19,200,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,658,830,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects; and of which not to exceed $50,000,000 shall
remain available until September 30, 2015, for cost containment
initiatives: Provided, That the amount provided for cost containment
initiatives shall not be available for obligation until the Director of
the Administrative Office of the United States Courts submits a report
to the Committees on Appropriations of the House of Representatives and
the Senate showing that the estimated cost savings resulting from the
initiatives will exceed the estimated amounts obligated for the
initiatives.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,327,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,044,394,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $53,891,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $497,500,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $81,200,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $26,200,000; of which $1,800,000 shall
remain available through September 30, 2015, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,200,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. The Supreme Court of the United States, the Federal
Judicial Center, and the United States Sentencing Commission are hereby
authorized, now and hereafter, to enter into contracts for the
acquisition of severable services for a period that begins in one
fiscal year and ends in the next fiscal year and to enter into
contracts for multiple years for the acquisition of property and
services, to the same extent as executive agencies under the authority
of 41 U.S.C. sections 3902 and 3903, respectively.
Sec. 307. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph (12)--
(1) in the second sentence (relating to the District of
Kansas), by striking ``22 years and 6 months'' and inserting ``23
years and 6 months''; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ``19 years and 6 months'' and inserting ``20 years and
6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``20 years and 6 months'' and
inserting ``21 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``11 years'' and
inserting ``12 years''; and
(2) in the second sentence (relating to the central District of
California), by striking ``10 years and 6 months'' and inserting
``11 years and 6 months''.
This title may be cited as the ``Judiciary Appropriations Act,
2014''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$23,800,000, to remain available until expended, to be allocated as
follows: $14,880,000, for the costs of providing public safety at
events related to the presence of the National Capital in the District
of Columbia, including support requested by the Director of the United
States Secret Service in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific terrorist
threats or attacks in the District of Columbia or surrounding
jurisdictions; and $8,920,000 for reimbursement of the costs of
providing public safety associated with the 57th Presidential
Inauguration.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$232,812,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $13,374,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $114,921,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $69,155,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $35,362,000, to
remain available until September 30, 2015, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and building
evaluation report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That 30 days
after providing written notice to the Committees on Appropriations of
the House of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $6,000,000 of the funds provided
under this heading among the items and entities funded under this
heading: Provided further, That the Joint Committee on Judicial
Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, for
individuals serving the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$226,484,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $167,269,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons; and
of which $59,215,000 shall be available to the Pretrial Services
Agency: Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That not less than $1,000,000 shall be
available for re-entrant housing in the District of Columbia: Provided
further, That the Director is authorized to accept and use gifts in the
form of in-kind contributions of space and hospitality to support
offender and defendant programs; and equipment, supplies, and
vocational training services necessary to sustain, educate, and train
offenders and defendants, including their dependent children: Provided
further, That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the previous
proviso, and shall make such records available for audit and public
inspection: Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for space and
services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $40,607,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code, and in
addition to the authority provided by the District of Columbia Code
Section 2-1607(b), upon approval of the Board of Trustees, the District
of Columbia Public Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or facilitating the
work of the District of Columbia Public Defender Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,800,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2015, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $48,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10).
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2014
Budget Request Act of 2013 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2014 under this heading shall
not exceed the estimates included in the Fiscal Year 2014 Budget
Request Act of 2013 submitted to Congress by the District of Columbia
as amended as of the date of enactment of this Act or the sum of the
total revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and
shall comply with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2014, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2014''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,000,000, to
remain available until September 30, 2015, of which not to exceed
$1,000 is for official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $150,000, to remain
available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $118,000,000, of which
$1,000,000 shall remain available until expended to carry out the
program required by section 1405 of the Virginia Graeme Baker Pool and
Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. The Virginia Graeme Baker Pool and Spa Safety Act (15
U.S.C. 8001 et seq.) is amended--
(1) in section 1405 (15 U.S.C. 8004)--
(A) in subsection (b)(1)(A), by striking ``all swimming
pools constructed after the date that is 6 months after the
date of enactment of the Financial Services and General
Government Appropriations Act, 2012 in the State'' and
inserting ``all swimming pools constructed in the State after
the date the State submits an application to the Commission for
a grant under this section''; and
(B) in subsection (e)--
(i) by striking the first sentence and inserting the
following: ``There is authorized to be appropriated to the
Commission such sums as may be necessary to carry out this
section through fiscal year 2016.''; and
(ii) in the second sentence, by striking ``fiscal year
2012'' and inserting ``fiscal year 2016''; and
(2) in section 1406(a) (15 U.S.C. 8005(a))--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``and'' after the
semicolon;
(ii) by striking clauses (ii), (iv) and (v) and
redesignating clause (iii) as clause (ii); and
(iii) in clause (ii)(III) (as so redesignated), by
inserting ``and'' after the semicolon;
(B) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively; and
(C) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraph (1)(B)''.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $10,000,000, of which $1,900,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000, to remain available until expended: Provided, That
of which not less than $300,000 shall be available for consultation
with federally recognized Indian tribes, Alaska Native villages, and
entities related to Hawaiian Home Lands: Provided further, That
$339,844,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2014 so as to result in a final fiscal year
2014 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,844,000 in fiscal
year 2014 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years collected in
excess of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2013, shall not be available
for obligation: Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not exceed
$98,700,000 for fiscal year 2014: Provided further, That of the amount
appropriated under this heading, not less than $11,090,000 shall be for
the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``January 15, 2014'',
each place it appears and inserting ``December 31, 2015''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $65,791,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$25,500,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $298,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $103,300,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $15,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2014, so as to result in a final fiscal
year 2014 appropriation from the general fund estimated at not more
than $179,700,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,370,042,000, of which: (1)
$506,178,000 shall remain available until expended for construction and
acquisition (including funds for sites and expenses, and associated
design and construction services) of additional projects at the
following locations:
New Construction:
California:
San Ysidro, United States Land Port of Entry,
$128,300,000.
Colorado:
Lakewood, Denver Federal Center, $13,938,000.
District of Columbia:
Washington, DHS Consolidation at St. Elizabeths,
$155,000,000.
Puerto Rico:
San Juan, Federal Bureau of Investigation, $85,301,000.
Texas:
Laredo, United States Land Port of Entry, $25,786,000.
Virginia:
Winchester, FBI Central Records Complex, $97,853,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed 10
percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That all funds
for direct construction projects shall expire on September 30, 2015,
and remain in the Federal Buildings Fund, except for funds for projects
as to which funds for design or other funds have been obligated in
whole or in part prior to such date; (2) $1,076,823,000 shall remain
available until expended for repairs and alterations, which includes
associated design and construction services; of which $593,288,000 is
for Major Repairs and Alterations; $378,535,000 is for Basic Repairs
and Alterations; and $105,000,000 is for Special Emphasis Programs:
Energy and Water Retrofit and Conservation Measures,
$5,000,000.
Fire and Life Safety Program, $30,000,000.
Consolidation Activities, $70,000,000:
Provided, That consolidation projects result in reduced annual rent
paid by the tenant agency: Provided further, That no consolidation
project exceed $20,000,000 in costs: Provided further, That
consolidation projects are approved by each of the committees specified
in section 3307(a) of title 40, United States Code: Provided further,
That preference is given to consolidation projects that achieve a
utilization rate of 130 usable square feet or less per person for
office space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made until 10
days after a proposed spending plan and explanation for each project to
be undertaken has been submitted to the Committees on Appropriations of
the House of Representatives and the Senate:
Provided further, That of the total amount under this heading,
$69,500,000 shall be available for new construction and repair to meet
the housing requirements of the Judiciary's Southern District in
Mobile, Alabama: Provided further, That funds made available in this
or any previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior Act,
under the heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized increases in
prospectus projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30, 2015 and
remain in the Federal Buildings Fund except funds for projects as to
which funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That the amount provided
in this or any prior Act for Basic Repairs and Alterations may be used
to pay claims against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $109,000,000 for installment
acquisition payments including payments on purchase contracts which
shall remain available until expended; (4) $5,387,109,000 for rental of
space which shall remain available until expended; and (5)
$2,221,432,000 for building operations to remain available until
expended, of which $1,158,869,000 is for building services, and
$1,062,563,000 is for salaries and expenses: Provided further, That
not to exceed 5 percent of any appropriation made available under this
heading for building operations may be transferred between and merged
with such appropriations upon notification to the Committees on
Appropriations of the House of Representatives and the Senate, but no
such appropriation shall be increased by more than 5 percent by any
such transfers: Provided further, That section 521 of this title shall
not apply with respect to funds made available under this heading for
building operations: Provided further, That funds available to the
General Services Administration shall not be available for expenses of
any construction, repair, alteration and acquisition project for which
a prospectus, if required by 40 U.S.C. 3307(a), has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other agencies
under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues
and collections and any other sums accruing to this Fund during fiscal
year 2014, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess
of the aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109; $63,466,000,
of which $28,000,000 is for Real and Personal Property Management and
Disposal; $26,500,000 is for the Office of the Administrator, of which
not to exceed $7,500 is for official reception and representation
expenses; and $8,966,000 is for the Civilian Board of Contract Appeals:
Provided further, That not to exceed 5 percent of the appropriation
made available under this heading for Office of the Administrator may
be transferred to the appropriation for the Real and Personal Property
Management and Disposal upon notification to the Committees on
Appropriations of the House of Representatives and the Senate, but the
appropriation for the Real and Personal Property Management and
Disposal may not be increased by more than 5 percent by any such
transfer.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000
is available until expended: Provided, That not to exceed $50,000
shall be available for payment for information and detection of fraud
against the Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed $2,500 shall
be available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$16,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purpose
of the Fund: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10 days
after a proposed spending plan and explanation for each project to be
undertaken has been submitted to the Committees on Appropriations of
the House of Representatives and the Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,550,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C.
323, $34,804,000, to be deposited into the Federal Citizen Services
Fund: Provided, That the appropriations, revenues, and collections
deposited into the Fund shall be available for necessary expenses of
Federal Citizen Services activities in the aggregate amount not to
exceed $90,000,000. Appropriations, revenues, and collections accruing
to this Fund during fiscal year 2014 in excess of such amount shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2014 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2015
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $750,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $42,740,000, to remain available until
September 30, 2015, together with not to exceed $2,345,000, to remain
available until September 30, 2015, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board: Provided, That section 1204 of title 5,
United States Code, is amended by adding at the end the following:
``(n) The Board may accept and use gifts and donations of property
and services to carry out the duties of the Board.''.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $2,100,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,400,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $370,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,130,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $8,000,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $4,500,000,
to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2014, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2014 shall not exceed
$1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be
available until September 30, 2015, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $15,325,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $95,757,000, of which
$5,704,000 shall remain available until expended for the Enterprise
Human Resources Integration project, of which $642,000 may be for
strengthening the capacity and capabilities of the acquisition
workforce (as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management, and of which
$1,345,000 shall remain available until expended for the Human
Resources Line of Business project; and in addition $118,578,000 for
administrative expenses, to be transferred from the appropriate trust
funds of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs of which $2,600,000 shall remain available until expended for
a retirement case management system: Provided, That the provisions of
this appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of
title 5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2014, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,684,000, and in addition, not to exceed $21,340,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General and in addition, not to exceed $6,600,000 as determined by the
Inspector General, for administrative expenses to audit, investigate,
and provide other oversight of the activities of the revolving fund
established under section 1304(e) of title 5, United States Code, and
the programs and activities of the Office of Personnel Management
carried out using amounts made available from such revolving fund, to
be transferred from such revolving fund: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $20,639,000:
Provided, That, notwithstanding any other provision of law, not to
exceed $125,000 of available balances of expired fiscal year 2009
through fiscal year 2013 appropriations provided under this heading
shall be available for any obligation incurred in fiscal year 2014.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $14,152,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $3,100,000, to
remain available until September 30, 2015.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and
to develop and test information technology resources and oversight
mechanisms to enhance transparency of and detect and remediate waste,
fraud, and abuse in Federal spending, and to develop and use
information technology resources and oversight mechanisms to detect and
remediate waste, fraud, and abuse in obligation and expenditure of
funds as described in section 904(d) of the Disaster Relief
Appropriations Act, 2013 (Public Law 113-2), which shall be
administered under the terms and conditions of the accountability
authorities of title XV of Public Law 111-5, $20,000,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,350,000,000, to remain available until
expended; of which not less than $7,092,000 shall be for the Office of
Inspector General; of which not to exceed $50,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $44,353,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,350,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2014 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2014 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development as authorized by Public Law 108-447,
$196,165,000: Provided, That $113,625,000 shall be available to fund
grants for performance in fiscal year 2014 or fiscal year 2015 as
authorized by section 21 of the Small Business Act, to remain available
until September 30, 2015: Provided further, That $20,000,000 shall
remain available until September 30, 2015 for marketing, management,
and technical assistance under section 7(m) of the Small Business Act
(15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That $8,000,000 shall be
available for grants to States for fiscal year 2014 to carry out export
programs that assist small business concerns authorized under section
1207 of Public Law 111-240.
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $250,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2014: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2015:
Provided further, That $2,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,000,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $8,750,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,600,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
503 of the Small Business Investment Act of 1958 (Public Law 85-699),
$107,000,000, to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2014 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 shall not
exceed $7,500,000,000: Provided further, That during fiscal year 2014
commitments for general business loans authorized under section 7(a) of
the Small Business Act shall not exceed $17,500,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2014 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958 shall not
exceed $4,000,000,000: Provided further, That during fiscal year 2014,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $151,560,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $191,900,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $181,900,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provision--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $70,751,000, which shall not be
available for obligation until October 1, 2014: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year 2014.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$241,468,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $53,453,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2014, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2014 from appropriations made available for salaries
and expenses for fiscal year 2014 in this Act, shall remain available
through September 30, 2015, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the date
of such request and during the same presidential administration; or
(2) such request is required due to extraordinary circumstances
involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. Not later than 45 days after the end of each quarter,
the Department of the Treasury, the Executive Office of the President,
the Judiciary, the Federal Communications Commission, the Federal Trade
Commission, the General Services Administration, the National Archives
and Records Administration, the Securities and Exchange Commission, and
the Small Business Administration shall provide the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.
Sec. 619. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 620. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 621. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate Change.
(3) Senior Advisor to the Secretary of the Treasury assigned to
the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 622. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the Federal agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 623. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the Federal agency
has considered suspension or debarment of the corporation and has made
a determination that this further action is not necessary to protect
the interests of the Government.
Sec. 624. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 625. None of the funds made available in this Act may be used
by the Federal Communications Commission to remove the conditions
imposed on commercial terrestrial operations in the Order and
Authorization adopted by the Commission on January 26, 2011 (DA 11-
133), or otherwise permit such operations, until the Commission has
resolved concerns of potential widespread harmful interference by such
commercial terrestrial operations to commercially available Global
Positioning System devices.
Sec. 626. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected
by the Board as of December 31, 2013, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2014 shall remain available until expended.
Sec. 627. (a) Section 1511 of title XV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
(``Act'') is amended by striking, ``and linked to the website
established by section 1526''.
(b)(1) Subsection (c) and subsections (e) through (h) of section
1512 of the Act are repealed effective February 1, 2014.
(2) Subsection (d) of section 1512 of the Act is amended to read as
follows:
``(d) Agency Reports.--Starting February 1, 2014, each agency that
made recovery funds available to any recipient shall make available to
the public detailed spending data as prescribed by the Office of
Management and Budget and pursuant to the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282).''.
(c) Subsection (a) of section 1514 of the Act is amended by
striking ``and linked to the website established by section 1526''.
(d) Subparagraph (A) of section 1523(b)(4) of the Act is amended by
striking ``the website established by section 1526'' and inserting ``a
public website''.
(e) Sections 1526 and 1554 of the Act are repealed.
(f) Section 1530 of the Act is amended by striking ``2013'' and
inserting ``2015''.
Sec. 628. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by section
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), $25,000,000 are rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2014 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$13,197 except station wagons for which the maximum shall be $13,631:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-
duty vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration
Act of 1976: Provided further, That the limits set forth in this
section may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on emerging motor vehicle
technology, including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking citizenship as
outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who owes
allegiance to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be considered prima
facie evidence that the requirements of this section with respect to
his or her status are being complied with: Provided further, That for
purposes of subsections (2) and (3) such affidavits shall be submitted
prior to employment and updated thereafter as necessary: Provided
further, That any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided further, That
the above penal clause shall be in addition to, and not in substitution
for, any other provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the provisions of
this section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person who
is an officer or employee of the Government of the United States on the
date of enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies: Provided
further, That this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens employed
by the Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13423 (January 24,
2007), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to 5 U.S.C.
3302, without a certification to the Office of Personnel Management
from the head of the Federal department, agency, or other
instrumentality employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to detail the
employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the Department
of State;
(7) any agency, office, or unit of the Army, Navy, Air Force,
or Marine Corps, the Department of Homeland Security, the Federal
Bureau of Investigation or the Drug Enforcement Administration of
the Department of Justice, the Department of Transportation, the
Department of the Treasury, or the Department of Energy performing
intelligence functions; or
(8) the Director of National Intelligence or the Office of the
Director of National Intelligence.
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this Act or any
other Act may be used to provide any non-public information such as
mailing, telephone or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by the Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided further, That
the funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2014 shall
remain available for obligation through September 30, 2015: Provided
further, That such transfers or reimbursements may only be made after
15 days following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2014, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code, or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 738. (a) For purposes of this section the following
definitions apply:
(1) The terms ``Great Lakes'' and ``Great Lakes State'' have
the same meanings as such terms have in section 506 of the Water
Resources Development Act of 2000 (42 U.S.C. 1962d-22).
(2) The term ``Great Lakes restoration activities'' means any
Federal or State activity primarily or entirely within the Great
Lakes watershed that seeks to improve the overall health of the
Great Lakes ecosystem.
(b) Hereafter, not later than 45 days after submission of the
budget of the President to Congress, the Director of the Office of
Management and Budget, in coordination with the Governor of each Great
Lakes State and the Great Lakes Interagency Task Force, shall submit to
the appropriate authorizing and appropriating committees of the Senate
and the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities in
the upcoming fiscal year, separately reporting the amount of
funding to be provided under existing laws pertaining to the
Great Lakes ecosystem; and
(B) identifies all expenditures in each of the 5 prior
fiscal years by the Federal Government and State governments
for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated
by all Federal agencies and, to the extent available, State
agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description
of the project, authorization level, and project status) to be
carried out in the upcoming fiscal year with the Federal portion of
funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activities.
Sec. 739. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 740. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2014, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period beginning on September 30, 2013 and
ending on the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 2014, in an amount
that exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with section 147 of the
Continuing Appropriations and Surface Transportation Extensions
Act, 2011, as amended by the Consolidated and Further Continuing
Appropriations Act, 2013; and
(B) during the period consisting of the remainder of fiscal
year 2014, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2014 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2014 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2013, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2013, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2013.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a) and section 147 of the
Continuing Appropriations and Surface Transportation Extensions Act,
2011, as amended by the Consolidated and Further Continuing
Appropriations Act, 2013, the adjustment in rates of basic pay for the
statutory pay systems that take place in fiscal year 2014 under
sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2013.
Sec. 741. (a) The Vice President may not receive a pay raise in
calendar year 2014, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2014, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2014, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar year
2014 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above level IV of the Executive Schedule;
or
(2) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above level IV of the Executive
Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate
increase in calendar year 2014, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, or to employees in another pay
system whose position would be classified at GS-15 or below if chapter
51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and
who makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2014 but
ends in calendar year 2015, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) An initial or increased pay rate for an individual in a covered
position that takes effect in calendar year 2014 prior to enactment of
this Act shall be valid only through the end of the pay period during
which the enactment took place. Effective on the first day of the next
pay period, the individual's pay rate will be set at the rate that
would have applied if this section had been in effect on January 1,
2014.
Sec. 742. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this Act shall submit annual
reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any such
department, agency, board, commission, or office during fiscal year
2014 for which the cost to the United States Government was more than
$100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2014 for which the cost to the
United States Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
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.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012.
Sec. 743. None of the funds made available in this or any other
appropriations Act may be used to eliminate or reduce funding for a
program, project, or activity as proposed in the President's budget
request for a fiscal year until such proposed change is subsequently
enacted in an appropriation Act, or unless such change is made pursuant
to the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 744. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2014, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2014.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a District of
Columbia government employee as may otherwise be designated by the
Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day or is otherwise designated by the Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day or is otherwise designated by the
Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. None of the Federal funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
Sec. 810. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2014 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2014 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2014 in this Act, shall remain available through September 30,
2015, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a) During fiscal year 2015, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Fiscal Year 2015 Budget Request
Act of 2014 as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of the period
during which this subsection is in effect) at the rate set forth by
such Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2015 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2015.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2015 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2015 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period,
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to effect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2014''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $122,350,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, expenditure plans for the Office of Policy, the Office of
Intergovernmental Affairs, the Office for Civil Rights and Civil
Liberties, the Citizenship and Immigration Services Ombudsman, and the
Privacy Officer: Provided further, That expenditure plans for the
offices in the previous proviso shall also be submitted at the time the
President's budget proposal for fiscal year 2015 is submitted pursuant
to section 1105(a) of title 31, United States Code.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $196,015,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $4,500,000 shall remain available until September 30, 2018,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,815,000
shall remain available until September 30, 2015, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall, pursuant to the requirements
contained in House Report 112-331, submit to the Committees on
Appropriations of the Senate and the House of Representatives at the
time the President's budget proposal for fiscal year 2015 is submitted
pursuant to section 1105(a) of title 31, United States Code, a
Comprehensive Acquisition Status Report, which shall include the
information required under the heading ``Office of the Under Secretary
for Management'' under title I of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74), and quarterly updates to
such report not later than 45 days after the completion of each
quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $46,000,000: Provided, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the
President's budget proposal for fiscal year 2015 is submitted pursuant
to section 1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$257,156,000; of which $115,000,000 shall be available for salaries and
expenses; and of which $142,156,000, to remain available until
September 30, 2015, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $300,490,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; and of which $129,540,000 shall remain available until
September 30, 2015.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $115,437,000; of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,145,568,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which $165,715,000 shall be available until September 30, 2015,
solely for the purpose of hiring, training, and equipping new U.S.
Customs and Border Protection officers at ports of entry; of which not
to exceed $34,425 shall be for official reception and representation
expenses; of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2014, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That the Border Patrol
shall maintain an active duty presence of not less than 21,370 full-
time equivalent agents protecting the borders of the United States in
the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $816,523,000; of which $340,936,000 shall remain available
until September 30, 2016; and of which not less than $140,762,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $351,454,000, to remain available until September 30, 2016:
Provided, That no additional deployments of technology associated with
integrated fixed towers shall occur until the Chief of the Border
Patrol certifies to the Committees on Appropriations of the Senate and
the House of Representatives that the first deployment of technology
associated with integrated fixed towers meets the operational
requirements of the Border Patrol.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
salaries and expenses, operational training, and mission-related
travel, the operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; and, at the discretion
of the Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $805,068,000; of which $286,818,000
shall be available for salaries and expenses; and of which $518,250,000
shall remain available until September 30, 2016: Provided, That no
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2014 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, on any changes to the 5-year strategic plan for the air and
marine program required under this heading in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, including land ports of entry where the Administrator of
General Services has delegated to the Secretary of Homeland Security
the authority to operate, maintain, repair, and alter such facilities,
and to pay rent to the General Services Administration for use of land
ports of entry, $456,278,000, to remain available until September 30,
2018: Provided, That the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, an inventory of the real
property of U.S. Customs and Border Protection and a plan for each
activity and project proposed for funding under this heading that
includes the full cost by fiscal year of each activity and project
proposed and underway in fiscal year 2015.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,229,461,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
Cyber Tipline and related activities to counter child exploitation; of
which not less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor, of which
not to exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not less than
$1,600,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable: Provided further, That the Secretary
of Homeland Security shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime: Provided
further, That funding made available under this heading shall maintain
a level of not less than 34,000 detention beds through September 30,
2014: Provided further, That of the total amount provided, not less
than $2,785,096,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the total amount provided, $10,300,000 shall remain available until
September 30, 2015, for the Visa Security Program: Provided further,
That not less than $10,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center: Provided
further, That none of the funds provided under this heading may be used
to continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been violated: Provided further, That none of the funds
provided under this heading may be used to continue any contract for
the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime: Provided further, That without regard to the
limitation as to time and condition of section 503(d) of this Act, the
Secretary may propose to reprogram and transfer funds within and into
this appropriation necessary to ensure the detention of aliens
prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $34,900,000, to remain available until September 30, 2016.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$5,000,000, to remain available until September 30, 2017.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,982,735,000, to remain
available until September 30, 2015; of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$3,894,236,000 shall be for screening operations, of which $372,354,000
shall be available for explosives detection systems; $103,309,000 shall
be for checkpoint support; and not to exceed $1,088,499,000 shall be
for aviation security direction and enforcement: Provided further,
That of the amount made available in the preceding proviso for
explosives detection systems, $73,845,000 shall be available for the
purchase and installation of these systems: Provided further, That any
award to deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness: Provided further,
That security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2014 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,862,735,000: Provided
further, That notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2014, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title: Provided further, That none of the funds made available in
this Act may be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 46,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed report on--
(1) the Department of Homeland Security efforts and resources
being devoted to develop more advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and
acquisition costs, including projected funding levels for each
fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is deploying
its existing passenger and baggage screener workforce in the most
cost effective manner; and
(3) labor savings from the deployment of improved technologies
for passenger and baggage screening and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That not later than April 15, 2014, the
Administrator of the Transportation Security Administration shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, a report that:
(1) certifies that one in four air passengers that require
security screening by the Transportation Security Administration is
eligible for expedited screening without lowering security
standards; and
(2) outlines a strategy to increase the number of air
passengers eligible for expedited screening to 50 percent by the
end of calendar year 2014, including--
(A) specific benchmarks and performance measures to
increase participation in Pre-Check by air carriers, airports,
and passengers;
(B) options to facilitate direct application for enrollment
in Pre-Check through the Transportation Security
Administration's Web site, airports, and other enrollment
locations;
(C) use of third parties to pre-screen passengers for
expedited screening;
(D) inclusion of populations already vetted by the
Transportation Security Administration and other trusted
populations as eligible for expedited screening; and
(E) resource implications of expedited passenger screening
resulting from the use of risk-based security methods:
Provided further, That information provided under this
subsection shall be updated semiannually:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$108,618,000, to remain available until September 30, 2015.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
vetting and credentialing activities, $176,489,000, to remain available
until September 30, 2015.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $962,061,000,
to remain available until September 30, 2015: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
for ``Headquarters Administration'' until the Administrator of the
Transportation Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2014:
Provided further, That these plans shall be submitted not later than 60
days after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshal Service,
$818,607,000: Provided, That the Director of the Federal Air Marshal
Service shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 45 days after the date
of enactment of this Act, a detailed, classified expenditure and
staffing plan for ensuring optimal coverage of high risk flights.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost on any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,011,807,000; of which $567,000,000 shall be for
defense-related activities, of which $227,000,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $15,300 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That of the funds
provided under this heading, $75,000,000 shall be withheld from
obligation for Coast Guard Headquarters Directorates until a future-
years capital investment plan for fiscal years 2015 through 2019, as
specified under the heading ``Coast Guard Acquisition, Construction,
and Improvements'' of this Act is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading for
Overseas Contingency Operations/Global War on Terrorism may be
allocated by program, project, and activity, notwithstanding section
503 of this Act: Provided further, That without regard to the
limitation as to time and condition of section 503(d) of this Act,
after June 30, an additional $10,000,000 may be reprogrammed to or from
Military Pay and Allowances in accordance with subsections (a), (b),
and (c), of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,164,000, to remain available until
September 30, 2018.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $120,000,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,375,635,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts, to remain
available until September 30, 2018 (except as subsequently specified),
shall be available as follows: $18,000,000 shall be available for
military family housing, of which not more than $349,996 shall be
derived from the Coast Guard Housing Fund established pursuant to 14
U.S.C. 687; $999,000,000 shall be available to acquire, effect major
repairs to, renovate, or improve vessels, small boats, and related
equipment; $175,310,000 shall be available to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation
capability; $64,930,000 shall be available for other acquisition
programs; $5,000,000 shall be available for shore facilities and aids
to navigation, including facilities at Department of Defense
installations used by the Coast Guard; and $113,395,000, to remain
available until September 30, 2014, shall be available for personnel
compensation and benefits and related costs: Provided, That the funds
provided by this Act shall be immediately available and allotted to
contract for the production of the seventh National Security Cutter
notwithstanding the availability of funds for post-production costs:
Provided further, That the funds provided by this Act shall be
immediately available and allotted to contract for long lead time
materials, components, and designs for the eighth National Security
Cutter notwithstanding the availability of funds for production costs
or post-production costs: Provided further, That the Commandant of the
Coast Guard shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested
capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the next
5 fiscal years or until acquisition program baseline or project
completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed description
of the purpose of the proposed funding levels for each fiscal
year, including for each fiscal year funds requested for
design, pre-acquisition activities, production, structural
modifications, missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting
actions, design reviews, production, delivery, test and
evaluation, and transition to operations, including
necessary training, shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from the
original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying known capability gaps between such
existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address such
known capability gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and fiscal
year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for each
asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget proposal for
fiscal year 2015, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any inconsistencies between
the capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections (a) and
(b) of section 6402 of Public Law 110-28 shall apply with respect to
the amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$19,200,000 to remain available until September 30, 2016, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,460,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,533,497,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2015; and of which not less than
$7,500,000 shall be for activities related to training in electronic
crimes investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2015:
Provided further, That $4,500,000 for National Special Security Events
shall remain available until September 30, 2015: Provided further,
That the United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and entities,
as defined in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading at the
end of the fiscal year: Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes: Provided further, That none of the funds made available to
the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the
head of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret
Service may enter into an agreement to provide such protection on a
fully reimbursable basis: Provided further, That none of the funds
made available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between ``Protection of Persons and Facilities'' and ``Domestic Field
Operations''.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $51,775,000; of which $5,380,000, to remain available
until September 30, 2018, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $46,395,000,
to remain available until September 30, 2016, shall be for information
integration and technology transformation execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, and information technology, $56,499,000: Provided, That
not to exceed $3,825 shall be for official reception and representation
expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,187,000,000, of which $225,000,000 shall remain available until
September 30, 2015.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives, not
later than February 14, 2014, that the operations of the Federal
Protective Service will be fully funded in fiscal year 2014 through
revenues and collection of security fees, including maintaining not
fewer than 1,371 full-time equivalent staff and 1,007 full-time
equivalent Police Officers, Inspectors, Area Commanders, and Special
Agents who, while working, are directly engaged on a daily basis
protecting and enforcing laws at Federal buildings (referred to as
``in-service field staff''): Provided further, That if revenues and
fee collections are insufficient to maintain the staffing levels in the
previous proviso, the Secretary of Homeland Security shall submit an
expenditure plan delineating the available revenue by staffing levels
and critical infrastructure investments: Provided further, That in
implementing the previous proviso, the Secretary shall ensure revenues
are dedicated to ensure not fewer than 1,300 full-time equivalent
staff: Provided further, That the Director of the Federal Protective
Service shall submit at the time the President's budget proposal for
fiscal year 2015 is submitted pursuant to section 1105(a) of title 31,
United States Code, a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $227,108,000:
Provided, That of the total amount made available under this heading,
$113,956,000 shall remain available until September 30, 2016.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$126,763,000; of which $25,667,000 is for salaries and expenses and
$85,277,000 is for BioWatch operations: Provided, That of the amount
made available under this heading, $15,819,000 shall remain available
until September 30, 2015, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection: Provided further, That not to exceed $2,250 shall be for
official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$946,982,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 916): Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses: Provided further, That of the total amount made available
under this heading, $35,180,000 shall be for the Urban Search and
Rescue Response System, of which none is available for Federal
Emergency Management Agency administrative costs: Provided further,
That of the total amount made available under this heading, $29,000,000
shall remain available until September 30, 2015, for capital
improvements and other expenses related to continuity of operations at
the Mount Weather Emergency Operations Center: Provided further, That
of the total amount made available, $3,400,000 shall be for the Office
of National Capital Region Coordination: Provided further, That of the
total amount made available under this heading, not less than
$4,000,000 shall remain available until September 30, 2015, for
expenses related to modernization of automated systems: Provided
further, That the Administrator of the Federal Emergency Management
Agency, in consultation with the Department of Homeland Security Chief
Information Officer, shall submit to the Committees on Appropriations
of the Senate and the House of Representatives an expenditure plan
including results to date, plans for the program, and a list of
projects with associated funding provided from prior appropriations and
provided by this Act for modernization of automated systems.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as follows:
(1) $466,346,000 shall be for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605), of which not less than $55,000,000 shall be for
Operation Stonegarden: Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2014, the Commonwealth
of Puerto Rico shall make available to local and tribal governments
amounts provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such section
2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which not less than $13,000,000 shall be for
organizations (as described under section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), of which not
less than $10,000,000 shall be for Amtrak security: Provided, That
such public transportation security assistance shall be provided
directly to public transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,654,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs, of
which $162,991,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That notwithstanding
section 509 of this Act the Administrator of the Federal Emergency
Management Agency may use the funds provided in paragraph (5) to
acquire real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency Management
Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to
remain available until September 30, 2015, of which $340,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$340,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2014, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2014, and remain
available until September 30, 2016.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$6,220,908,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters: Provided, That the Administrator of the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the expenditure plan and
a justification for any changes from the initial plan: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports, including a
specific description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be submitted for
the budget year at the time that the President's budget proposal
for fiscal year 2015 is submitted pursuant to section 1105(a) of
title 31, United States Code:
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic events
for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or
will be required for catastrophic events delineated by event
and by State for all prior years, the current year, the budget
year, the budget year plus 1, the budget year plus 2, and the
budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will be
recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)), major disasters, as described in section
102(2) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187),
surge activities, and disaster readiness and support
activities;
(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public
Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not later
than the fifth day of each month, and shall be published by the
Administrator on the Agency's Web site not later than the fifth day
of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made;
(B) a table of disaster relief activity delineated by
month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster
support activities;
(iii) the obligations for catastrophic events
delineated by event and by State; and
(iv) the amount of previously obligated funds that are
recovered;
(C) a summary of allocations, obligations, and expenditures
for catastrophic events delineated by event;
(D) in addition, for a disaster declaration related to
Hurricane Sandy, the cost of the following categories of
spending: public assistance, individual assistance, mitigation,
administrative, operations, and any other relevant category
(including emergency measures and disaster resources); and
(E) the date on which funds appropriated will be exhausted:
Provided further, That the Administrator shall publish on the
Agency's Web site not later than 5 days after an award of a public
assistance grant under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) the specifics of
the grant award: Provided further, That for any mission assignment or
mission assignment task order to another Federal department or agency
regarding a major disaster, not later than 5 days after the issuance of
the mission assignment or task order, the Administrator shall publish
on the Agency's Web site the following: the name of the impacted State
and the disaster declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the total cost
estimate, and the amount obligated: Provided further, That not later
than 10 days after the last day of each month until the mission
assignment or task order is completed and closed out, the Administrator
shall update any changes to the total cost estimate and the amount
obligated: Provided further, That of the amount provided under this
heading, $5,626,386,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $95,202,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141, 126 Stat. 916), $176,300,000, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and
not less than $154,300,000 shall be available for flood plain
management and flood mapping, to remain available until September 30,
2015: Provided, That any additional fees collected pursuant to section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as an offsetting collection to this account, to be
available for flood plain management and flood mapping: Provided
further, That in fiscal year 2014, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,152,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $100,000,000, which shall remain available until expended,
for flood mitigation actions under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c): Provided further,
That the amounts collected under section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the
National Flood Insurance Act of 1968 shall be deposited in the
National Flood Insurance Fund to supplement other amounts specified
as available for section 1366 of the National Flood Insurance Act
of 1968, notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2) and
(3) of section 1367(b) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e), 4104d(b)(2)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $25,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$113,889,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $227,845,000; of which up to $44,635,000 shall
remain available until September 30, 2015, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $9,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division D of Public Law 113-6,
is further amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'': Provided further, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training
Center to ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process
to continue the implementation of measuring and assessing the quality
and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $30,885,000, to remain available until September 30,
2018: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $129,000,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $1,091,212,000; of which $543,427,000
shall remain available until September 30, 2016; and of which
$547,785,000 shall remain available until September 30, 2018, solely
for operation and construction of laboratory facilities: Provided,
That of the funds provided for the operation and construction of
laboratory facilities under this heading, $404,000,000 shall be for
construction of the National Bio- and Agro-defense Facility.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $37,353,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses: Provided further,
That not later than 120 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
strategic plan of investments necessary to implement the Department of
Homeland Security's responsibilities under the domestic component of
the global nuclear detection architecture that shall:
(1) define the role and responsibilities of each Departmental
component in support of the domestic detection architecture,
including any existing or planned programs to pre-screen cargo or
conveyances overseas;
(2) identify and describe the specific investments being made
by each Departmental component in fiscal year 2014 and planned for
fiscal year 2015 to support the domestic architecture and the
security of sea, land, and air pathways into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost effectiveness;
and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic nuclear
detection architecture, including specific investments planned for
each of fiscal years 2014 and 2015.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $205,302,000, to
remain available until September 30, 2016.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $42,600,000, to remain available
until September 30, 2016.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or the
House of Representatives for a different purpose; or
(5) contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2014
Budget Appendix for the Department of Homeland Security, as
modified by the report accompanying this Act, unless the Committees
on Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved by
the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2014: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2014 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Committees on Appropriations of the Senate and House of
Representatives shall be notified of any activity added to or removed
from the fund: Provided further, That the Chief Financial Officer of
the Department of Homeland Security shall submit a quarterly execution
report with activity level detail, not later than 30 days after the end
of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2014, as recorded in the financial records at the
time of a reprogramming request, but not later than June 30, 2015, from
appropriations for salaries and expenses for fiscal year 2014 in this
Act shall remain available through September 30, 2015, in the account
and for the purposes for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of an Act authorizing
intelligence activities for fiscal year 2014.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation of
funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery order
that would cause cumulative obligations of multi-year funds in a
single account to exceed 50 percent of the total amount
appropriated;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered by
the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account and each program, project, and activity
from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with
respect to funds made available in this Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit
the transmission to Congress of any report prepared under paragraph (6)
of such subsection.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 30 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.
Sec. 515. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 516. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Contact
Representatives, Investigative Assistants, or Immigration Services
Officers.
Sec. 517. Any funds appropriated to ``Coast Guard Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2013'' and inserting ``2014 and thereafter''.
Sec. 519. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 520. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2014, to the Office of Inspector
General of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition
during fiscal year 2014.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2015.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official do
not include operational functions related to incident management,
including coordination of operations, and are consistent with the
requirements of section 509(c) and sections 503(c)(3) and
503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c)
and 313(c)(3) and 313(c)(4)(A)) and section 302 of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the President
issues a declaration under section 401 or section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191, respectively), the Secretary of Homeland Security
shall submit a notification of the appointment of the Principal
Federal Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate and
the House of Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate; and
(3) not later than 60 days after the date of enactment of this
Act, the Secretary shall provide a report specifying timeframes and
milestones regarding the update of operations, planning and policy
documents, and training and exercise protocols, to ensure
consistency with paragraph (1) of this section.
Sec. 522. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 523. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 525. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2013,'' and inserting ``Until September 30, 2014,'';
(2) in subsection (c)(1), by striking ``September 30, 2013,''
and inserting ``September 30, 2014,''.
Sec. 526. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 527. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 528. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 529. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 530. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 531. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 532. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 533. If the Administrator of the Transportation Security
Administration determines that an airport does not need to participate
in the E-Verify Program as described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), the Administrator shall certify to the Committees on
Appropriations of the Senate and the House of Representatives that no
security risks will result from such non-participation.
Sec. 534. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of the
Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
Sec. 535. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 536. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 537 of the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6), is further amended by
striking ``on October 4, 2013'' and inserting ``on October 4, 2014''.
Sec. 537. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 538. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 539. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 540. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler or successor program of the Transportation Security
Administration shall safeguard and dispose of such information in
accordance with the requirements in--
(1) the National Institute for Standards and Technology Special
Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems'';
(2) the National Institute for Standards and Technology Special
Publication 800-53, Revision 3, entitled ``Recommended Security
Controls for Federal Information Systems and Organizations''; and
(3) any supplemental standards established by the Administrator
of the Transportation Security Administration (referred to in this
section as the ``Administrator'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
``Sponsoring Entity''.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date of
enactment of this Act, to the Sponsoring Entity written certification
that the procedures used by the company to safeguard and dispose of
information are in compliance with the requirements under subsection
(a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 541. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 542. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 543. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $7,500,000 may be allocated by United States Citizenship
and Immigration Services in fiscal year 2014 for the purpose of
providing an immigrant integration grants program.
(b) For an additional amount for ``United States Citizenship and
Immigration Services'' for the purpose of providing immigrant
integration grants, $2,500,000.
(c) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 544. For an additional amount for the ``Office of the Under
Secretary for Management'', $35,000,000 to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of the Act detailing the allocation of
these funds.
Sec. 545. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 546. (a) For an additional amount for data center migration,
$42,200,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 547. (a) For an additional amount for financial systems
modernization, $29,548,000.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 548. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 549. Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that specific U.S.
Immigration and Customs Enforcement Service Processing Centers or other
U.S. Immigration and Customs Enforcement owned detention facilities no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs,
as the Secretary deems appropriate: Provided further, That any sale or
collocation of federally owned detention facilities shall not result in
the maintenance of fewer than 34,000 detention beds: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.
Sec. 550. None of the funds made available under this Act or any
prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 551. The Department of Homeland Security Chief Information
Officer, the Commissioner of U.S. Customs and Border Protection, the
Assistant Secretary of Homeland Security for U.S. Immigration and
Customs Enforcement, the Director of the United States Secret Service,
and the Director of the Office of Biometric Identity Management shall,
with respect to fiscal years 2014, 2015, 2016, and 2017, submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget proposal for
fiscal year 2015 is submitted pursuant to the requirements of section
1105(a) of title 31, United States Code, the information required in
the multi-year investment and management plans required, respectively,
under the headings ``U.S. Customs and Border Protection, Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74); ``U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and Technology''
under such title; section 568 of such Act; and ``Office of the Chief
Information Officer'', ``United States Secret Service, Acquisition,
Construction, Improvements, and Related Expenses'', and ``Office of
Biometric Identity Management'' under division D of the Homeland
Security Appropriations Act, 2013 (Public Law 113-6).
Sec. 552. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 553. The Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than April 15, 2014, a report detailing the
fiscal policy that prescribes Coast Guard budgetary policies,
procedures, and technical direction necessary to comply with subsection
(a) of section 557 of division D of Public Law 113-6 (as required to be
developed under subsection (b) of such section).
Sec. 554. (a) Of the amounts made available by this Act for
National Protection and Programs Directorate, ``Infrastructure
Protection and Information Security'', $166,000,000 for the ``Federal
Network Security'' program, project, and activity shall be used to
deploy on Federal systems technology to improve the information
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available
under this section shall be used to assist and support Government-wide
and agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and
operation of a continuous monitoring and diagnostics program, in
collaboration with departments and agencies, that includes equipment,
software, and Department of Homeland Security supplied services:
Provided further, That not later than April 1, 2014, and quarterly
thereafter, the Under Secretary of Homeland Security of the National
Protection and Programs Directorate shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
on the obligation and expenditure of funds made available under this
section: Provided further, That continuous monitoring and diagnostics
software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally
identifiable information or content of network communications of other
agencies' users: Provided further, That such software shall be
installed, maintained, and operated in accordance with all applicable
privacy laws and agency-specific policies regarding network content.
(b) Funds made available under this section may not be used to
supplant funds provided for any such system within an agency budget.
(c) Not later than July 1, 2014, the heads of all Federal agencies
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives expenditure plans for necessary cybersecurity
improvements to address known vulnerabilities to information systems
described in subsection (a).
(d) Not later than October 1, 2014, and quarterly thereafter, the
head of each Federal agency shall submit to the Director of the Office
of Management and Budget a report on the execution of the expenditure
plan for that agency required by subsection (c): Provided, That the
Director of the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to Congress in
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section
3606 of title 44, United States Code.
(e) This section shall not apply to the legislative and judicial
branches of the Federal Government and shall apply to all Federal
agencies within the executive branch except for the Department of
Defense, the Central Intelligence Agency, and the Office of the
Director of National Intelligence.
Sec. 555. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 556. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 557. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 558. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 559. (a) In General.--In addition to existing authorities, the
Commissioner of U.S. Customs and Border Protection, in collaboration
with the Administrator of General Services, is authorized to conduct a
pilot program in accordance with this section to permit U.S. Customs
and Border Protection to enter into partnerships with private sector
and government entities at ports of entry for certain services and to
accept certain donations.
(b) Rule of Construction.--Except as otherwise provided in this
section, nothing in this section may be construed as affecting in any
manner the responsibilities, duties, or authorities of U.S. Customs and
Border Protection or the General Services Administration.
(c) Duration.--The pilot program described in subsection (a) shall
be for five years. A partnership entered into during such pilot program
may last as long as required to meet the terms of such partnership. At
the end of such five year period, the Commissioner may request that
such pilot program be made permanent.
(d) Coordination.--
(1) In general.--The Commissioner, in consultation with
participating private sector and government entities in a
partnership under subsection (a), shall provide the Administrator
with information relating to U.S. Customs and Border Protection's
requirements for new facilities or upgrades to existing facilities
at land ports of entry.
(2) Criteria.--The Commissioner and the Administrator shall
establish criteria for entering into a partnership under subsection
(a) that include the following:
(A) Selection and evaluation of potential partners.
(B) Identification and documentation of roles and
responsibilities between U.S. Customs and Border Protection,
General Services Administration, and private and government
partners.
(C) Identification, allocation, and management of explicit
and implicit risks of partnering between U.S. Customs and
Border Protection, General Services Administration, and private
and government partners.
(D) Decision-making and dispute resolution processes in
partnering arrangements.
(E) Criteria and processes for U.S. Customs and Border
Protection and General Services Administration to terminate
agreements if private or government partners are not meeting
the terms of such a partnership, including the security
standards established by U.S. Customs and Border Protection.
(3) Evaluation plan.--The Commissioner, in collaboration with
the Administrator, shall submit to the Committee on Homeland
Security, the Committee on Transportation and Infrastructure, and
the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs, the
Committee on Environment and Public Works, and the Committee on
Appropriations of the Senate, an evaluation plan for the pilot
program described in subsection (a) that includes the following:
(A) Well-defined, clear, and measurable objectives.
(B) Performance criteria or standards for determining the
performance of such pilot program.
(C) Clearly articulated evaluation methodology, including--
(i) sound sampling methods;
(ii) a determination of appropriate sample size for the
evaluation design;
(iii) a strategy for tracking such pilot program's
performance; and
(iv) an evaluation of the final results.
(D) A plan detailing the type and source of data necessary
to evaluate such pilot program, methods for data collection,
and the timing and frequency of data collection.
(e) Authority to Enter Into Agreements for the Provision of Certain
Services at Ports of Entry.--
(1) In general.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451),
the Commissioner may, during the pilot program described in
subsection (a) and upon the request of a private sector or
government entity with which U.S. Customs and Border Protection has
entered into a partnership, enter into a reimbursable fee agreement
with such entity under which--
(A) U.S. Customs and Border Protection will provide
services described in paragraph (2) at a port of entry;
(B) such entity will pay a fee imposed under paragraph (4)
to reimburse U.S. Customs and Border Protection for the costs
incurred in providing such services; and
(C) each facility at which U.S. Customs and Border
Protection services are performed shall be provided,
maintained, and equipped by such entity, without cost to the
Federal Government, in accordance with U.S. Customs and Border
Protection specifications.
(2) Services described.--Services described in this paragraph
are any activities of any employee or contractor of U.S. Customs
and Border Protection pertaining to customs, agricultural
processing, border security, and immigration inspection-related
matters at ports of entry.
(3) Limitations.--
(A) Impacts of services.--The Commissioner may not enter
into a reimbursable fee agreement under this subsection if such
agreement would unduly and permanently impact services funded
in this or any other appropriations Act, or provided from any
account in the Treasury of the United States derived by the
collection of fees.
(B) For certain costs.--The authority found in this
subsection may not be used at U.S. Customs and Border
Protection-serviced air ports of entry to enter into
reimbursable fee agreements for costs other than payment of
overtime.
(C) The authority found in this subsection may not be used
to enter into new preclearance agreements or begin to provide
U.S. Customs and Border Protection services outside of the
United States.
(D) The authority found in this subsection shall be limited
with respect to U.S. Customs and Border Protection-serviced air
ports of entry to five pilots per year.
(4) Fee.--
(A) In general.--The amount of the fee to be charged
pursuant to an agreement authorized under paragraph (1) shall
be paid by each private sector and government entity requesting
U.S. Customs and Border Protection services, and shall include
the salaries and expenses of individuals employed by U.S.
Customs and Border Protection to provide such services and
other costs incurred by U.S. Customs and Border Protection
relating to such services, such as temporary placement or
permanent relocation of such individuals.
(B) Oversight of fees.--The Commissioner shall develop a
process to oversee the activities reimbursed by the fees
charged pursuant to an agreement authorized under paragraph (1)
that includes the following:
(i) A determination and report on the full costs of
providing services, including direct and indirect costs,
including a process for increasing such fees as necessary.
(ii) Establishment of a monthly remittance schedule to
reimburse appropriations.
(iii) Identification of overtime costs to be reimbursed
by such fees.
(5) Deposit of funds.--Funds collected pursuant to any
agreement entered into under paragraph (1) shall be deposited as
offsetting collections and remain available until expended, without
fiscal year limitation, and shall directly reimburse each
appropriation for the amount paid out of that appropriation for any
expenses incurred by U.S. Customs and Border Protection in
providing U.S. Customs and Border Protection services and any other
costs incurred by U.S. Customs and Border Protection relating to
such services.
(6) Termination.--The Commissioner shall terminate the
provision of services pursuant to an agreement entered into under
paragraph (1) with a private sector or government entity that,
after receiving notice from the Commissioner that a fee imposed
under paragraph (4) is due, fails to pay such fee in a timely
manner. In the event of such termination, all costs incurred by
U.S. Customs and Border Protection, which have not been reimbursed,
will become immediately due and payable. Interest on unpaid fees
will accrue based on current Treasury borrowing rates.
Additionally, any private sector or government entity that, after
notice and demand for payment of any fee charged under paragraph
(4), fails to pay such fee in a timely manner shall be liable for a
penalty or liquidated damage equal to two times the amount of such
fee. Any amount collected pursuant to any agreement entered into
under paragraph (1) shall be deposited into the account specified
under paragraph (5) and shall be available as described therein.
(7) Notification.--The Commissioner shall notify the Congress
15 days prior to entering into any agreement under paragraph (1)
and shall provide a copy of such agreement.
(f) Donations.--
(1) In general.--Subject to paragraph (2), the Commissioner and
the Administrator may, during the pilot program described in
subsection (a), accept a donation of real or personal property
(including monetary donations) or nonpersonal services from any
private sector or government entity with which U.S. Customs and
Border Protection has entered into a partnership.
(2) Allowable uses of donations.--The Commissioner and the
Administrator, with respect to any donation provided pursuant to
paragraph (1), may--
(A) use such donation for necessary activities related to
the construction, alteration, operation, or maintenance of an
existing port of entry facility under the jurisdiction,
custody, and control of the Commissioner, including expenses
related to--
(i) land acquisition, design, construction, repair and
alteration;
(ii) furniture, fixtures, and equipment;
(iii) the deployment of technology and equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the Administrator
for necessary activities described in subparagraph (A) related
to a new or existing port of entry under the jurisdiction,
custody, and control of the Administrator, subject to chapter
33 of title 40, United States Code.
(3) Consultation and budget.--
(A) With the private sector or government entity.--To
accept a donation described in paragraph (1), the Commissioner
and the Administrator shall--
(i) consult with the appropriate stakeholders and the
private sector or government entity that is providing the
donation and provide such entity with a description of the
intended use of such donation; and
(ii) submit to the Committee on Appropriations, the
Committee on Homeland Security, and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Appropriations, the
Committee on Homeland Security and Governmental Affairs,
and the Committee on Environment and Public Works of the
Senate a report not later than one year after the date of
enactment of this Act, and annually thereafter, that
describes--
(I) the accepted donations received under this
subsection;
(II) the ports of entry that received such
donations; and
(III) how each donation helped facilitate the
construction, alternation, operation, or maintenance of
a new or existing land port of entry.
(B) Savings provision.--Nothing in this paragraph may be
construed to--
(i) create any right or liability of the parties
referred to in subparagraph (A); or
(ii) affect any consultation requirement under any
other law.
(4) Evaluation procedures.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner, in
consultation with the Administrator, shall establish procedures for
evaluating a proposal submitted by a private sector or government
entity to make a donation of real or personal property (including
monetary donations) or nonpersonal services under paragraph (1)
relating to a port of entry under the jurisdiction, custody and
control of the Commissioner or the Administrator and make any such
evaluation criteria publicly available.
(5) Considerations.--In determining whether or not to approve a
proposal referred to in paragraph (4), the Commissioner or the
Administrator shall consider--
(A) the impact of such proposal on the port of entry at
issue and other ports of entry on the same border;
(B) the potential of such proposal to increase trade and
travel efficiency through added capacity;
(C) the potential of such proposal to enhance the security
of the port of entry at issue;
(D) the funding available to complete the intended use of a
donation under this subsection, if such donation is real
property;
(E) the costs of maintaining and operating such donation;
(F) whether such donation, if real property, satisfies the
requirements of such proposal, or whether additional real
property would be required;
(G) an explanation of how such donation, if real property,
was secured, including if eminent domain was used;
(H) the impact of such proposal on staffing requirements;
and
(I) other factors that the Commissioner or Administrator
determines to be relevant.
(6) Unconditional monetary donations.--A monetary donation
shall be made unconditionally, although the donor may specify--
(A) the port of entry facility or facilities to be
benefitted from such donation; and
(B) the timeframe during which such donation shall be used.
(7) Supplemental funding.--Real or personal property (including
monetary donations) or nonpersonal services donated pursuant to
paragraph (1) may be used in addition to any other funding
(including appropriated funds), property, or services made
available for the same purpose.
(8) Return of donations.--If the Commissioner or the
Administrator does not use the real property or monetary donation
donated pursuant to paragraph (1) for the specific port of entry
facility or facilities designated by the donor or within the
timeframe specified by the donor, such donated real property or
money may be returned to the donor. No interest shall be owed to
the donor with respect to any donation of funding provided under
such paragraph (1) that is returned pursuant to this paragraph.
(9) Savings provision.--Nothing in this subsection may be
construed to affect or alter the existing authority of the
Commissioner or the Administrator to construct, alter, operate, and
maintain port of entry facilities.
(g) Annual Reports.--The Commissioner, in collaboration with the
Administrator, shall annually submit to the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Environment and Public Works
of the Senate a report on the pilot program and activities undertaken
pursuant thereto in accordance with this Act.
(h) Definitions.--In this section--
(1) the term ``private sector entity'' means any corporation,
partnership, trust, association, or any other private entity, or
any officer, employee, or agent thereof;
(2) the term ``Commissioner'' means the Commissioner of U.S.
Customs and Border Protection; and
(3) the term ``Administrator'' means the Administrator of
General Services.
(i) Role of General Services Administration.--Under this section,
collaboration with the Administrator of General Services is required
only with respect to partnerships at land ports of entry.
Sec. 560. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 561. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal or State law within the preceding
24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent, and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 562. None of the funds made available in this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation for which any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 563. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 564. None of the funds made available in this Act may be used
for new U.S. Customs and Border Protection air preclearance agreements
entering into force after February 1, 2014, unless: (1) the Secretary
of Homeland Security, in consultation with the Secretary of State, has
certified to Congress that air preclearance operations at the airport
provide a homeland or national security benefit to the United States;
(2) U.S. passenger air carriers are not precluded from operating at
existing preclearance locations; and (3) a U.S. passenger air carrier
is operating at all airports contemplated for establishment of new air
preclearance operations.
Sec. 565. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 566. (a) In General.--Beginning on the date of the enactment
of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 567. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes arising from delivery of
assistance under the Federal Emergency Management Agency Public
Assistance Program.
Sec. 568. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 569. (a) The Secretary of Homeland Security shall submit to
Congress, 180 days after the date of enactment of this Act and annually
thereafter beginning with the submission of the President's budget
proposal for fiscal year 2016 pursuant to section 1105(a) of title 31,
United States Code, a comprehensive report on the purchase and usage of
ammunition, subdivided by ammunition type. The report shall include--
(1) the quantity of ammunition in inventory at the end of the
preceding calendar year, and the amount of ammunition expended and
purchased, subdivided by ammunition type, during the year for each
relevant component or agency in the Department of Homeland
Security;
(2) a description of how such quantity, usage, and purchase
aligns to each component or agency's mission requirements for
certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the
Department of Homeland Security, including comparative details
regarding other contracting options with respect to cost and
availability.
(b) The reports required by subsection (a) shall be submitted in an
appropriate format in order to ensure the safety of law enforcement
personnel.
Sec. 570. The Commissioner of U.S. Customs and Border Protection
may waive the claim for reimbursement of $221,123 from the fiscal year
2009 appropriation for the Office of the Federal Coordinator for Gulf
Coast Rebuilding.
Sec. 571. (a) The Commissioner of U.S. Customs and Border
Protection shall develop metrics that support a goal of reducing
passenger processing times at air, land, and sea ports of entry, taking
into consideration the capacity of an air or land port's physical
infrastructure, airline arrival schedules, peak processing periods, and
security requirements.
(b) Not later than 240 days after the date of enactment of this
Act, the Commissioner of U.S. Customs and Border Protection shall
develop and implement operational work plans to meet the goals of
subsection (a) at United States air, land, and sea ports with the
highest passenger volume and longest wait times. In developing such
plans, the Commissioner of U.S. Customs and Border Protection shall
consult with appropriate stakeholders, including, but not limited to,
airlines and airport operators, port authorities, and importers.
Sec. 572. None of the funds made available in this Act may be used
to implement, carry out, administer, or enforce section 1308(h) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)).
(rescissions)
Sec. 573. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended--
(1) $14,500,000 from Public Law 111-83 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(2) $35,500,000 from Public Law 112-10 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(3) $79,300,000 from Public Law 112-74 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(4) $19,879,000 from Public Law 113-6 under the heading ``Coast
Guard Acquisition, Construction, and Improvements'';
(5) $35,000,000 from Public Law 113-6 under the heading
``Transportation Security Administration Aviation Security'';
(6) $20,000,000 from Public Law 113-6 under the heading
``Transportation Security Administration Surface Transportation
Security'';
(7) $2,000,000 from ``Transportation Security Administration
Aviation Security'' account 70x0550;
(8) $977,000 from ``Transportation Security Administration
Research and Development'' account 70x0553; and
(9) $67,498,000 from unobligated prior year balances from
``U.S. Customs and Border Protection Border Security, Fencing,
Infrastructure, and Technology''.
(rescission)
Sec. 574. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, (added by section 638 of Public Law
102-393) $100,000,000 shall be rescinded.
(rescissions)
Sec. 575. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $306,015 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $25,093 from ``U.S. Immigration and Customs Enforcement,
Violent Crime Reduction Program'';
(3) $12,864 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses'' account 70x0504 under Public Law 107-117
(115 Stat 2293);
(4) $1,024,433 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses'' account 70x0504 under Public Law 108-11
(117 Stat 582);
(5) $33,792 from ``Coast Guard, Acquisition, Construction, and
Improvements'';
(6) $682,854 from ``Federal Emergency Management Agency, Office
of Domestic Preparedness'';
(7) $1,576,761 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''; and
(8) $995,654 from the ``Working Capital Fund''.
(rescissions)
Sec. 576. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Act, 2013 (Public Law 113-6) are
rescinded:
(1) $58,547 from ``Office of the Under Secretary for
Management'';
(2) $10,595 from ``Office of the Chief Financial Officer'';
(3) $140,257 from ``Office of the Chief Information Officer'';
(4) $375,118 from ``Analysis and Operations'';
(5) $47,996 from ``Office of Inspector General'';
(6) $408,150 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(7) $49,357 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(8) $35,729 from ``U.S. Customs and Border Protection, Air and
Marine Operations'';
(9) $2,635,154 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses'';
(10) $1,231,880 from ``Transportation Security Administration,
Federal Air Marshals'';
(11) $3,878,889 from ``Coast Guard, Operating Expenses'';
(12) $245,899 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(13) $952,007 from ``United States Secret Service, Salaries and
Expenses'';
(14) $118,039 from ``National Protection and Programs
Directorate, Management and Administration'';
(15) $120,625 from ``National Protection and Programs
Directorate, Office of Biometric Identity Management'';
(16) $90,628 from ``Office of Health Affairs'';
(17) $393,451 from ``Federal Emergency Management Agency,
Salaries and Expenses'';
(18) $314,713 from ``Federal Emergency Management Agency, State
and Local Programs'';
(19) $1,906,158 from ``United States Citizenship and
Immigration Services'';
(20) $389,718 from ``Federal Law Enforcement Training Center,
Salaries and Expenses'';
(21) $132,998 from ``Science and Technology, Management and
Administration''; and
(22) $56,993 from ``Domestic Nuclear Detection Office,
Management and Administration''.
Sec. 577. Of the unobligated balance available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $300,522,000 are
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That no amounts may be rescinded from the amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2014''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$956,875,000, to remain available until expended; of which $3,000,000
shall be available in fiscal year 2014 subject to a match by at least
an equal amount by the National Fish and Wildlife Foundation for cost-
shared projects supporting conservation of Bureau lands; and such funds
shall be advanced to the Foundation as a lump-sum grant without regard
to when expenses are incurred.
In addition, $32,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from a fee of
$6,500 per new application for permit to drill that the Bureau shall
collect upon submission of each new application, and in addition,
$39,696,000 is for Mining Law Administration program operations,
including the cost of administering the mining claim fee program, to
remain available until expended, to be reduced by amounts collected by
the Bureau and credited to this appropriation from mining claim
maintenance fees and location fees that are hereby authorized for
fiscal year 2014 so as to result in a final appropriation estimated at
not more than $956,875,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $19,463,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$114,467,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181(f)).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315(b), 315(m)) and the
amount designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That not to
exceed $600,000 shall be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,188,339,000, to remain
available until September 30, 2015 except as otherwise provided herein:
Provided, That not to exceed $20,515,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing
petitions, developing and issuing proposed and final regulations, and
taking any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$4,605,000 shall be used for any activity regarding the designation of
critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1) prior to
October 1, 2012; of which not to exceed $1,501,000 shall be used for
any activity regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and (b)(3)(B); and,
of which not to exceed $1,504,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) for species that are not
indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$15,722,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, (16 U.S.C. 460l-4 et seq.), including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the United States
Fish and Wildlife Service, $54,422,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended:
Provided, That none of the funds appropriated for specific land
acquisition projects may be used to pay for any administrative
overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), $50,095,000, to remain
available until expended, of which $22,695,000 is to be derived from
the Cooperative Endangered Species Conservation Fund; and of which
$27,400,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$34,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,660,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $9,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $58,695,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 is for a competitive grant program for States,
territories, and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting $9,571,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent
of the total costs of such projects and the Federal share of
implementation grants shall not exceed 65 percent of the total costs of
such projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That any amount apportioned in 2014 to any State, territory,
or other jurisdiction that remains unobligated as of September 30,
2015, shall be reapportioned, together with funds appropriated in 2016,
in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,236,753,000, of which $9,876,000 for planning and
interagency coordination in support of Everglades restoration and
$71,040,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2015.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $60,795,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470), $56,410,000, to be derived from the
Historic Preservation Fund and to remain available until September 30,
2015.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $137,461,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2014 with a future phase
indicated in the National Park Service 5-Year Line Item Construction
Plan, a single procurement may be issued which includes the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at 48 CFR
52.232-18: Provided further, That in addition, the National Park
Service may accept and use other Federal or non-Federal funds to
implement the Tamiami Trail project, and may enter into a cooperative
agreement or other agreements with the State of Florida to transfer
funds to the State to plan and construct the Tamiami Trail project:
Provided further, That a contract for the Tamiami Trail project may not
be awarded until sufficient Federal funds and written commitments from
non-Federal entities are available to cover the total estimated cost of
the contract: Provided further, That because the Tamiami Trail project
provides significant environmental benefits for Everglades National
Park, the requirements of 49 U.S.C. 303 are deemed satisfied with
respect to such project and no additional documentation shall be
required under such section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2014 by section 9
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
10a) is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $98,100,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $48,090,000 is for the State assistance program and of which
$8,986,000 shall be for the American Battlefield Protection Program
grants as authorized by section 7301 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefitting unit anticipated franchise fee receipts over the term of
the contract at that unit exceed the amount of funds used to extinguish
or reduce liability. Franchise fees at the benefitting unit shall be
credited to the sub-account of the originating unit over a period not
to exceed the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,032,000,000,
to remain available until September 30, 2015; of which $53,337,000
shall remain available until expended for satellite operations; and of
which $7,280,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $166,891,000, of which
$69,000,000 is to remain available until September 30, 2015 and of
which $97,891,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2014 appropriation estimated at not more than $69,000,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $122,715,000, of which $63,745,000 is to remain
available until September 30, 2015 and of which $58,970,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2014 appropriation estimated at not more than $63,745,000.
For an additional amount, $65,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2014, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $65,000,000, the amounts realized in excess
of $65,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2014,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$122,713,000, to remain available until September 30, 2015: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training: Provided further, That, in fiscal year
2014, up to $40,000 collected by the Office of Surface Mining from
permit fees pursuant to section 507 of Public Law 95-87 (30 U.S.C.
1257) shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation estimated at not more than $122,713,000: Provided
further, That, in subsequent fiscal years, all amounts collected by the
Office of Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,399,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this or any other Act with respect to any fiscal
year, the Secretary may transfer title for computer hardware, software
and other technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,378,763,000, to remain available until
September 30, 2015 except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,809,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $591,234,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2014, and shall remain available
until September 30, 2015: Provided further, That not to exceed
$41,900,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
450f et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $48,253,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with ongoing grants entered into
with the Bureau prior to or during fiscal year 2013 for the operation
of Bureau-funded schools, and up to $500,000 within and only from such
amounts made available for administrative cost grants shall be
available for the transitional costs of initial administrative cost
grants to grantees that assume operation on or after July 1, 2013, of
Bureau-funded schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September 30, 2015,
may be transferred during fiscal year 2016 to an Indian forest land
assistance account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2016: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $110,124,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year 2014, in
implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to grant schools
under Public Law 100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That if the Secretary declines a grant application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of construction projects, the Secretary may assume control
of a project and all funds related to the project, if, within 18 months
of the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction:
Provided further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians appropriation for
the appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $35,655,000,
to remain available until expended: Provided, That notwithstanding
section 10807(b)(3) and section 10807(c)(3) of Public Law 111-11, the
Secretary is authorized to make payments in fiscal year 2014 in such an
amount as to satisfy the total authorized amount for Duck Valley Indian
Irrigation Project Development Fund and Maintenance Funds.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $6,731,000, of
which $981,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $99,761,658.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may wave this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1, 1996
and to any school or school program that was reinstated in fiscal year
2012. Funds made available under this Act may not be used to establish
a charter school at a Bureau-funded school (as that term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded school
before September 1, 1999, may continue to operate during that period,
but only if the charter school pays to the Bureau a pro rata share of
funds to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau does not
assume any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter
school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $264,000,000, to remain available
until September 30, 2015; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,168,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That, for fiscal
year 2014, up to $400,000 of the payments authorized by the Act of
October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided further, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary
may reduce the payment authorized by 31 U.S.C. 6901-6907 for an
individual county by the amount necessary to correct prior year
overpayments to that county: Provided further, That the amount needed
to correct a prior year underpayment to an individual county shall be
paid from any reductions for overpayments to other counties and the
amount necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties: Provided
further, That notwithstanding any other provision of law, $15,000 under
this heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Secretary concurred
with the claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments: Provided
further, That, notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act (30 U.S.C. 191(b)), the Secretary shall deduct 2
percent from the amount payable to each State in fiscal year 2014 and
deposit the amount deducted to miscellaneous receipts of the Treasury.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $85,976,000, of
which: (1) $76,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,448,000 shall be available until September 30, 2015, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,831,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,677,000, to remain available until expended, of which not to
exceed $23,045,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2014, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding any
other provision of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected Indian tribe or
individual Indian has been furnished with an accounting of such funds
from which the beneficiary can determine whether there has been a loss:
Provided further, That, notwithstanding any other provision of law,
the Secretary shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had activity for
at least 18 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in each such
account to be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative errors of
either disbursements from or deposits to Individual Indian Money or
Tribal accounts after September 30, 2002: Provided further, That
erroneous payments that are recovered shall be credited to and remain
available in this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $740,982,000, to remain available until expended, of
which not to exceed $6,127,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $145,024,000 is for
hazardous fuels reduction activities: Provided further, That of the
funds provided $16,035,000 is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps
(Public Law 109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That of the funds made available under section 135 of
Public Law 113-46, $7,500,000 are rescinded and the remaining balances
shall not be subject to the pro rata replenishment requirement in
section 102 of title I of this division.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $92,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the
FLAME Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $9,598,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $6,263,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system, information technology improvements of general
benefit to the Department, and consolidation of facilities and
operations throughout the Department, $57,000,000, to remain available
until expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Secretary may assess reasonable charges to
State, local and tribal government employees for training services
provided by the National Indian Program Training Center, other than
training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft: Provided further, That the Bell 206L-1
aircraft, serial number 45287, currently registered as N613, is to be
retired from service and, notwithstanding any other provision of law,
the Interior Business Center, Aviation Management Directorate shall
transfer the aircraft without reimbursement to the National Law
Enforcement Officers Memorial Fund, for the purpose of providing a
static display in the National Law Enforcement Museum: Provided, That
such aircraft shall revert back to the Department of the Interior if
said museum determines in the future that the subject aircraft is no
longer needed.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2014. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2014, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2014 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2014. Fees for fiscal year 2014 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
oil and gas leasing internet program
Sec. 108. Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
shall have the authority to implement an oil and gas leasing Internet
program, under which the Secretary may conduct lease sales through
methods other than oral bidding.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 109. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines for division G in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
authorized use of indian education funds
Sec. 110. Beginning July 1, 2008, and thereafter, any funds
(including investments and interest earned, except for construction
funds) held by a Public Law 100-297 grant or a Public Law 93-638
contract school shall, upon retrocession to or re-assumption by the
Bureau of Indian Education, remain available to the Bureau of Indian
Education for a period of 5 years from the date of retrocession or re-
assumption for the benefit of the programs approved for the school on
October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 111. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 304B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year term
restriction in subsection (d) shall not apply), for the long-term care
and maintenance of excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative agreements
and contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
mass marking of salmonids
Sec. 112. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contribution authority
Sec. 113. In fiscal years 2014 through 2019, the Secretary of the
Interior may accept from public and private sources contributions of
money and services for use by the Bureau of Ocean Energy Management or
the Bureau of Safety and Environmental Enforcement to conduct work in
support of the orderly exploration and development of Outer Continental
Shelf resources, including preparation of environmental documents such
as impact statements and assessments, studies, and related research.
prohibition on use of funds
Sec. 114. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve
or lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.
sunrise mountain instant study area release
Sec. 115. (a) Finding.--Congress finds that for the purposes of
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), the public land in Clark County, Nevada, administered by
the Bureau of Land Management in the Sunrise Mountain Instant Study
Area has been adequately studied for wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with land management plans
adopted under section 202 of that Act (43 U.S.C. 1712).
(c) Post Release Land Use Approvals.--Recognizing that the area
released under subsection (b) presents unique opportunities for the
granting of additional rights-of-way, including for high voltage
transmission facilities, the Secretary of the Interior may accommodate
multiple applicants within a particular right-of-way.
prohibition on use of funds
Sec. 116. No funds appropriated or otherwise made available to the
Department of the Interior may be used to process or grant a right of
way, lease or other property interest for the siting of commercial
energy generation facilities on those exclusion lands identified by the
Record of Decision for Solar Energy Development in Six Southwestern
States, signed by the Secretary of the Interior on October 12, 2012,
that lie within the boundaries of the proposed Mojave Trails National
Monument as identified on the Bureau of Land Management map entitled
``Proposed Mojave Trails National Monument'' dated November 20, 2009.
offshore pay authority extension
Sec. 117. For fiscal years 2014 and 2015, funds made available in
this title for the Bureau of Ocean Energy Management and the Bureau of
Safety and Environmental Enforcement may be used by the Secretary of
the Interior to establish higher minimum rates of basic pay described
in section 121(c) of division E of Public Law 112-74 (125 Stat. 1012).
republic of palau
Sec. 118. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2014 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2014 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under section 211(f) of
the Compact, amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
extension of national heritage area authorities
Sec. 119. (a) Division II of Public Law 104-333 (16 U.S.C. 461
note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707,
809, and 910, by striking ``2013'' and inserting ``2015'';
(b) Effective on October 12, 2013, section 7 of Public Law 99-647,
is amended by striking ``2013'' and inserting ``2015'';
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is
amended--
(1) in subsection (c)(1), by striking ``2013'' and inserting
``2015''; and
(2) in subsection (d), by striking ``2013'' and inserting
``2015''; and
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is
amended by striking ``2013'' and inserting ``2015''.
redesignation of the white river national wildlife refuge
Sec. 120. (a) In General.--The White River National Wildlife
Refuge, located in the State of Arkansas, is redesignated as the
``Senator Dale Bumpers White River National Wildlife Refuge''.
(b) References.--Any reference in any statute, rule, regulation,
Executive Order, publication, map, paper, or other document of the
United States to the White River National Wildlife Refuge is deemed to
refer to the Senator Dale Bumpers White River National Wildlife Refuge.
civil penalties
Sec. 121. Section 206 of the Federal Oil and Gas Royalty
Management Act of 1982, Public Law 97-451 (30 U.S.C. 1736) is hereby
amended by striking the second sentence, and inserting in lieu thereof
``Any payments under this section shall be reduced by an amount equal
to any payments provided or due to such State or Indian tribe under the
cooperative agreement or delegation, as applicable, during the fiscal
year in which the civil penalty is received, up to the total amount
provided or due for that fiscal year.''.
exhaustion of administrative review
Sec. 122. Paragraph (1) of Section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``2012 and 2013
only,'' in the first sentence and inserting ``2012 through 2015,''.
onshore pay authority
Sec. 123. For fiscal years 2014 and 2015, funds made available in
this title for the Bureau of Land Management and the Bureau of Indian
Affairs may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the Department of
the Interior carrying out the inspection and regulation of onshore oil
and gas operations on public lands in the Petroleum Engineer (GS-0881)
and Petroleum Engineering Technician (G-0802) job series at grades 5
through 14 at rates no greater than 25 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title 5,
United States Code.
wild lands funding prohibition
Sec. 124. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
trailing livestock across public lands
Sec. 125. During fiscal years 2014 and 2015, the Bureau of Land
Management may, at its sole discretion, review planning and
implementation decisions regarding the trailing of livestock across
public lands, including, but not limited to, issuance of crossing or
trailing authorizations or permits, under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or
crossing authorizations across public lands shall not be subject to
protest and/or appeal under subpart E of part 4 of title 43, Code of
Federal Regulations, and subpart 4160 of part 4100 of such title.
redesignation of the nisqually national wildlife refuge visitor center
Sec. 126. The visitor center at the Nisqually National Wildlife
Refuge in the State of Washington is hereby designated as the ``Norm
Dicks Visitor Center''. Any reference to the visitor center at the
Nisqually National Wildlife Refuge in any law, regulation, map,
document, record, or other paper of the United States shall be
considered a reference to the ``Norm Dicks Visitor Center''. The
Secretary of the Interior shall post an interpretative sign at the
visitor center that includes information on Norm Dicks and his
contributions as a member of the U.S. House of Representatives.
antelope rule
Sec. 127. Before the end of the 60-day period beginning on the
date of enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on September 2, 2005 (70 Fed. Reg.
52310 et seq.) without regard to any other provision of statute or
regulation that applies to issuance of such rule.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $759,156,000, to remain available until September 30,
2015: Provided, That of the funds included under this heading,
$4,234,000 shall be for Research: National Priorities as specified in
the explanatory statement accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,624,149,000, to remain available until
September 30, 2015: Provided, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement accompanying this
Act: Provided further, That of the funds included under this heading,
$415,737,000 shall be for Geographic Programs specified in the
explanatory statement accompanying this Act.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until September 30, 2016.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,849,000, to remain available until September 30, 2015.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,088,769,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2013, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $9,939,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2015, and $19,216,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2015.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $94,566,000, to remain available until expended, of which
$68,937,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,629,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,535,161,000, to remain available until expended,
of which--
(1) $1,448,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $906,896,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That for fiscal year 2014, to the extent there are
sufficient eligible project applications, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2014, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2014 and prior
years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2014,
notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act and section 1452(i) of the Safe
Drinking Water Act, up to a total of 2 percent of the funds
appropriated for State Revolving Funds under such Acts may be
reserved by the Administrator for grants under section 518(c) and
section 1452(i) of such Acts: Provided further, That for fiscal
year 2014, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent of
the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved under
section 518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Clean Water Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, and United
States Virgin Islands: Provided further, That for fiscal year
2014, notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent
of the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of the Safe
Drinking Water Act: Provided further, That not less than 20
percent but not more than 30 percent of the funds made available
under this title to each State for Clean Water State Revolving Fund
capitalization grants and not less than 20 percent but not more
than 30 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of these),
and shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient or to buy,
refinance, or restructure the debt obligations of eligible
recipients only where such debt was incurred on or after the date
of enactment of this Act; except that for the Clean Water State
Revolving Fund capitalization grant appropriation this section
shall only apply to the portion that exceeds $1,000,000,000;
(2) $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $10,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That, of these funds: (A)
the State of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs;
(5) $20,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005; and
(6) $1,054,378,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying out
section 128 of CERCLA; $9,646,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs; $1,498,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, which shall be
in addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of
the Solid Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs.
Administrative Provisions--Environmental Protection Agency
(including transfer of funds)
For fiscal year 2014, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2014.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
The fourth paragraph under the heading Administrative Provisions of
title II of Public Law 109-54, as amended by the fifth paragraph under
such heading of title II of division E of Public Law 111-8 and the
third paragraph under such heading of title II of Public Law 111-88, is
further amended by striking ``thirty persons'' and inserting ``fifty
persons''.
For fiscal year 2014, and notwithstanding section 518(f) of the
Water Pollution Control Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under Section 319 of the Act
to make grants to federally recognized Indian tribes pursuant to
sections 319(h) and 518(e) of that Act.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $292,805,000, to remain available until expended:
Provided, That of the funds provided, $66,805,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $229,980,000, to remain
available until expended, as authorized by law; of which $50,965,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,496,330,000, to remain available
until expended: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $339,130,000
shall be for forest products: Provided further, That of the funds
provided, up to $81,000,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $53,000,000 may
be transferred to support the Integrated Resource Restoration pilot
program in the preceding proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $350,000,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $35,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2014 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $12,000,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, (16 U.S.C. 460l-4 et seq.),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $43,525,000, to be derived from the
Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $912,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
(16 U.S.C. 484a), to remain available until expended (16 U.S.C. 460l-
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $40,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,500,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,162,302,000, to remain
available until expended: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $6,914,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $306,500,000 is for hazardous fuels reduction activities,
$19,795,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State fire
assistance, and $13,025,000 is for volunteer fire assistance under
section 10 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106): Provided further, That amounts in this paragraph may be
transferred to the ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund forest and rangeland research,
the Joint Fire Science Program, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels reduction and for training or monitoring associated
with such hazardous fuels reduction activities on Federal land or on
non-Federal land if the Secretary determines such activities implement
a community wildfire protection plan (or equivalent) and benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forest Restoration Act, Public Law 106-393,
title VI, shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the ``State
and Private Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by the Forest Service
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq. may be
credited to this appropriation, and are available without fiscal year
limitation: Provided further, That of the funds provided for hazardous
fuels reduction, not to exceed $10,000,000 may be used to make grants,
using any authorities available to the Forest Service under the ``State
and Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the
same basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous fuels
reduction, up to $24,000,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource Restoration pilot
program.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $315,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement of the managers
accompanying this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit
the Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the Financial Management Modernization
Initiative.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That for fiscal year 2014
and thereafter, the National Forest Foundation may hold Federal funds
made available but not immediately disbursed and may use any interest
or other investment income earned (before, on, or after the date of the
enactment of this Act) on Federal funds to carry out the purposes of
Public Law 101-593: Provided further, That such investments may be
made only in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
The 19th unnumbered paragraph under heading ``Administrative
Provisions, Forest Service'' in title III of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006
(Public Law 109-54) is amended by striking ``2014'' and inserting
``2019''.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,982,842,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) and 238b, for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That, $878,575,000 for Purchased/
Referred Care, including $51,500,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: Provided
further, That, of the funds provided, up to $36,000,000 shall remain
available until expended for implementation of the loan repayment
program under section 108 of the Indian Health Care Improvement Act:
Provided further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited to the Fund authorized
by section 108A of the Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c) of the
Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under sections 104
and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided further, That
notwithstanding any other provision of law, the amounts made available
within this account for the methamphetamine and suicide prevention and
treatment initiative and for the domestic violence prevention
initiative shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within 2 fiscal years, provided
the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided
further, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $451,673,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651-2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public Law 86-
121, the Indian Sanitation Facilities Act and Public Law 93-638:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA); section
118(f) of the Superfund Amendments and Reauthorization Act of 1986
(SARA); and section 3019 of the Solid Waste Disposal Act, $74,691,000,
of which up to $1,000 per eligible employee of the Agency for Toxic
Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding any
other provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(I) of CERCLA during
fiscal year 2014, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,341,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10:
Provided further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Office
of Navajo and Hopi Indian Relocation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $9,369,000, to remain available until
September 30, 2015.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $647,000,000, to remain available until September 30, 2015,
except as otherwise provided herein; of which not to exceed $41,082,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $158,000,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109, and of which $55,000,000 shall be for construction of the
National Museum of African American History and Culture.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $118,000,000, to remain available until September 30, 2015, of
which not to exceed $3,533,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $15,000,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $22,193,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $12,205,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,500,000, to remain available until September 30, 2015.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 to remain available
until expended, of which $135,283,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,738,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,357,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter 91 of
title 40, United States Code, $2,396,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,531,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,084,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $52,385,000, of which
$515,000 shall remain available until September 30, 2016, for the
Museum's equipment replacement program; and of which $1,900,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. In fiscal year 2014 and thereafter, the expenditure of
any appropriation under this Act or any subsequent Act appropriating
funds for departments and agencies funded in this Act, for any
consulting service through procurement contract, pursuant to 5 U.S.C.
3109, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 404. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 405. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2015, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs
Sec. 406. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88,
112-10, 112-74, and 113-6 for payments for contract support costs
associated with self-determination or self-governance contracts,
grants, compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such Acts, are
the total amounts available for fiscal years 1994 through 2013 for such
purposes, except that the Bureau of Indian Affairs, tribes and tribal
organizations may use their tribal priority allocations for unmet
contract support costs of ongoing contracts, grants, self-governance
compacts, or annual funding agreements.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
extension of grazing permits
Sec. 411. Section 415 of division E of Public Law 112-74 is
amended by striking ``and 2013'' and inserting ``through 2015''.
prohibition on no-bid contracts
Sec. 412. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as defined
in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 413. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 414. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 415. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
national endowment for the arts grant awards to states
Sec. 416. Section 5(g)(4) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)), is amended--
(1) in subparagraph (A) by adding at the end the following:
``Whenever a State agency requests that the Chairperson exercise
such discretion, the Chairperson shall--
``(i) give consideration to the various circumstances the State
is encountering at the time of such request; and
``(ii) ensure that such discretion is not exercised with
respect to such State in perpetuity.''; and
(2) in subparagraph (C) by adding at the end the following:
``The non-Federal funds required by subparagraph (A) to pay 50
percent of the cost of a program or production shall be provided
from funds directly controlled and appropriated by the State
involved and directly managed by the State agency of such State.''.
expansion and extension of good neighbor cooperative conservation
authority
Sec. 417. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114
Stat. 996), as amended by section 336 of division E of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3102) and
section 422 of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2010 (division A of Public Law 111-88; 123
Stat. 2961), is further amended--
(1) in the section heading, by striking ``in Colorado'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Colorado'';
(B) by striking ``may permit the Colorado State Forest
Service'' and inserting ``may permit the head of a State agency
with jurisdiction over State forestry programs in a State
containing National Forest System land (in this section
referred to as a `State Forester')''; and
(C) by striking ``of Colorado'';
(3) in subsection (b)--
(A) in the first sentence, by striking ``of Colorado''; and
(B) in the second sentence, by striking ``the Colorado
State Forest Service'' and inserting ``a State Forester'';
(4) in subsection (c)--
(A) by striking ``the Colorado State Forest Service'' the
first place it appears and inserting ``a State Forester'';
(B) by striking ``of Colorado''; and
(C) by striking ``the Colorado State Forest Service'' the
second place it appears and inserting ``the State'';
(5) in subsection (d)--
(A) in the subsection heading, by striking ``Colorado'';
and
(B) by striking ``the State of Colorado'' and inserting ``a
State''; and
(6) in subsection (e), by striking ``September 30, 2013'' and
inserting ``September 30, 2018''.
status of balances of appropriations
Sec. 418. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 419. Not later than 120 days after the date on which the
President's fiscal year 2015 budget request is submitted to the
Congress, the President shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate describing in detail all Federal agency funding, domestic and
international, for climate change programs, projects, and activities in
fiscal years 2013 and 2014, including an accounting of funding by
agency with each agency identifying climate change programs, projects,
and activities and associated costs by line item as presented in the
President's Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each
climate change program, project, and activity listed in the report.
prohibition on use of funds
Sec. 420. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 421. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 422. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
limitation with respect to delinquent tax debts
Sec. 423. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
alaska native regional health entities
Sec. 424. (a) Notwithstanding any other provision of law and until
October 1, 2018, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to
which funds may be disbursed under this section.
forest service administration of rights-of-way and land uses
Sec. 425. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 note) is
amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Program Required.--For fiscal year 2014 and each fiscal year
thereafter, the Secretary of Agriculture shall conduct a program for
the purpose of enhancing Forest Service administration of rights-of-way
and other land uses.''; and
(2) in subsection (b), by striking ``during fiscal years 2000
through 2012'' and inserting ``each fiscal year''.
forest service partnership agreements
Sec. 426. (a) Agreements Authorized.--The Secretary of Agriculture
may enter into an agreement under section 1 of Public Law 94-148 (16
U.S.C. 565a-1) with a Federal, tribal, State, or local government or a
nonprofit entity for the following additional purposes:
(1) To develop, produce, publish, distribute, or sell
educational and interpretive materials and products.
(2) To develop, conduct, or sell educational and interpretive
programs and services.
(3) To construct, maintain, or improve facilities not under the
jurisdiction, custody, or control of the Administrator of General
Services on or in the vicinity of National Forest System lands for
the sale or distribution of educational and interpretive materials,
products, programs, and services.
(4) To operate facilities (including providing the services of
Forest Service employees to staff facilities) in any public or
private building or on land not under the jurisdiction, custody, or
control of the Administrator of General Services for the sale or
distribution of educational and interpretive materials, products,
programs, and services, pertaining to National Forest System lands,
private lands, and lands administered by other public entities.
(5) To sell health and safety products, visitor convenience
items, or other similar items (as determined by the Secretary) in
facilities not under the jurisdiction, custody, or control of the
Administrator of General Services on or in the vicinity of National
Forest System lands.
(6) To collect funds on behalf of cooperators from the sale of
materials, products, programs, and services, as authorized by a
preceding paragraph, when the collection of such funds is
incidental to other duties of Forest Service employees.
(b) Treatment of Contributions of Volunteers.--The Forest Service
may consider the value of services performed by persons who volunteer
their services to the Forest Service and who are recruited, trained,
and supported by a cooperator as an in-kind contribution of the
cooperator for purposes of any cost sharing requirement under any
Forest Service authority to enter into mutual benefit agreements.
(c) Duration.--The authority provided by subsections (a) and (b)
expires September 30, 2019.
contracting authorities
Sec. 427. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2013,'' and inserting ``fiscal year
2015,''.
chesapeake bay initiative
Sec. 428. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 16 U.S.C. 461 note) is amended by striking
``2013'' and inserting ``2015''.
american battlefield protection program grants
Sec. 429. Section 7301(c)(6) of Public Law 111-11 (16 U.S.C. 469k-
1(c)(6)) is amended by striking ``2013'' and inserting ``2014''.
cooperative action and sharing of resources by secretaries of the
interior and agriculture
(service first initiative)
Sec. 430. Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106-291; 43
U.S.C. 1703) is amended--
(1) in the first sentence, by striking ``programs. involving
the land management agencies referred to in this section'' and
inserting ``programs'';
(2) in the first sentence, by striking ``and promulgate'' and
inserting ``and may promulgate''; and
(3) in the third sentence, by inserting after ``Forest
Service'' the following: ``or matters under the purview of other
bureaus or offices of either Department''.
separate forest service decision making and appeals process
Sec. 431. Section 322 of the Department of the Interior and
Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16
U.S.C. 1612 note) and section 428 of division E of the Consolidated
Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 1046; 16 U.S.C.
6515 note) shall not apply to any project or activity implementing a
land and resource management plan developed under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) that is categorically excluded from documentation in an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
extension of forest botanical products authorities
Sec. 432. Section 339(h)(1) of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (enacted into law by section
1000(a)(3) of Public Law 106-113; 16 U.S.C. 528 note) is amended by
striking ``until September 30, 2014'' and inserting ``through fiscal
year 2019''.
shasta trinity marina fees
Sec. 433. Section 422, division F, Consolidated Appropriations
Act, 2008 (Public Law 110-161; 121 Stat 2149), as amended, is further
amended by striking ``and subsequent fiscal years through fiscal year
2014'' and inserting ``and each subsequent fiscal year through fiscal
year 2019''.
stewardship end result contracting projects
Sec. 434. Section 347(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public
Law 105-277, as amended) is amended in subsection (a) by striking
``Until September 30, 2013,'' and inserting ``Until September 30,
2014,''.
mining access
Sec. 435. In Region 10, the Secretary of Agriculture, acting
though the Chief of the Forest Service, shall allow reasonable access
for the orderly development of mining claims located inside areas
subject to mineral lands use designations in the relevant Forest Plan.
use of american iron and steel
Sec. 436. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made
available by a drinking water treatment revolving loan fund as
authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment works
unless all of the iron and steel products used in the project are
produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
(f) This section does not apply with respect to a project if a
State agency approves the engineering plans and specifications for the
project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to the date of
the enactment of this Act.
modification of authorities
Sec. 437. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2013'' and inserting ``September
30, 2014''.
(b) For fiscal year 2014, 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.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2014''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of 1998
(referred to in this Act as ``WIA''), the Second Chance Act of 2007,
the Women in Apprenticeship and Non-Traditional Occupations Act of 1992
(``WANTO Act''), and the Workforce Innovation Fund, as established by
this Act, $3,148,855,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,588,108,000 as follows:
(A) $766,080,000 for adult employment and training
activities, of which $54,080,000 shall be available for the
period July 1, 2014, through June 30, 2015, and of which
$712,000,000 shall be available for the period October 1, 2014
through June 30, 2015;
(B) $820,430,000 for youth activities, which shall be
available for the period April 1, 2014 through June 30, 2015;
and
(C) $1,001,598,000 for dislocated worker employment and
training activities, of which $141,598,000 shall be available
for the period July 1, 2014 through June 30, 2015, and of which
$860,000,000 shall be available for the period October 1, 2014
through June 30, 2015:
Provided, That notwithstanding the transfer limitation under section
133(b)(4) of the WIA, up to 30 percent of such funds may be transferred
by a local board if approved by the Governor: Provided further, That a
local board may award a contract to an institution of higher education
or other eligible training provider if the local board determines that
it would facilitate the training of multiple individuals in high-demand
occupations, if such contract does not limit customer choice: Provided
further, That notwithstanding section 128(a)(1) of the WIA, the amount
available to the Governor for statewide workforce investment activities
shall not exceed 8.75 percent of the amount allotted to the State from
each of the appropriations under the preceding subparagraphs;
(2) for federally administered programs, $474,669,000 as
follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available for
the period July 1, 2014 through June 30, 2015, and of which
$200,000,000 shall be available for the period October 1, 2014
through June 30, 2015: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIA may be used to provide
assistance to a State for statewide or local use in order to
address cases where there have been worker dislocations across
multiple sectors or across multiple local areas and such
workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and
train such eligible dislocated workers: Provided further, That
funds provided to carry out section 171(d) of the WIA may be
used for demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That none of the funds shall be obligated to carry out
section 173(e) of the WIA;
(B) $46,082,000 for Native American programs, which shall
be available for the period July 1, 2014 through June 30, 2015;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $75,885,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $5,517,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $494,000 for other discretionary
purposes, which shall be available for the period July 1, 2014
through June 30, 2015: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $994,000 for carrying out the WANTO Act, which shall be
available for the period July 1, 2014 through June 30, 2015;
(E) $77,534,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2014 through June 30, 2015; and
(F) $47,304,000 to be available to the Secretary of Labor
(referred to in this title as ``Secretary'') for the Workforce
Innovation Fund to carry out projects that demonstrate
innovative strategies or replicate effective evidence-based
strategies that align and strengthen the workforce investment
system in order to improve program delivery and education and
employment outcomes for beneficiaries, which shall be for the
period July 1, 2014 through September 30, 2015: Provided, That
amounts shall be available for awards to States or State
agencies that are eligible for assistance under any program
authorized under the WIA, consortia of States, or partnerships,
including regional partnerships: Provided further, That not
more than 5 percent of the funds available for workforce
innovation activities shall be for technical assistance and
evaluations related to the projects carried out with these
funds: Provided further, That the Secretary may authorize
awardees to use a portion of awarded funds for evaluation, upon
the Chief Evaluation Officer's approval of an evaluation plan;
(3) for national activities, $86,078,000, as follows:
(A) $80,078,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2014 through June 30, 2015, notwithstanding the
requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the
WIA: Provided, That of this amount, $20,000,000 shall be for
competitive grants to national and regional intermediaries for
activities that prepare young ex-offenders and school dropouts
for employment, with a priority for projects serving high-
crime, high-poverty areas; and
(B) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 171(c)(2) of the WIA, which
shall be available for the period July 1, 2014 through June 30,
2015, and which shall not be subject to the requirements of
section 171(c)(4)(D).
office of job corps
To carry out subtitle C of title I of the WIA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIA, $1,688,155,000, plus reimbursements,
as follows:
(1) $1,578,008,000 for Job Corps Operations, which shall be
available for the period July 1, 2014 through June 30, 2015;
(2) $80,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2014 through June 30, 2017: Provided, That the
Secretary may transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve administrative
efficiencies: Provided further, That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June 30, 2015: Provided further, That the
Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any
transfer; and
(3) $30,147,000 for necessary expenses of the Office of Job
Corps, which shall be available for obligation for the period
October 1, 2013 through September 30, 2014:
Provided further, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $434,371,000, which shall be available for
the period July 1, 2014 through June 30, 2015, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2014 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, including benefit payments, allowances, training, employment and
case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, $656,000,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for payments
for any period subsequent to September 15, 2014.
state unemployment insurance and employment service operations
For authorized administrative expenses, $81,566,000, together with
not to exceed $3,596,813,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,861,575,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $60,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper payment
reviews, and $10,000,000 for activities to address the
misclassification of workers), the administration of unemployment
insurance for Federal employees and for ex-service members as
authorized under 5 U.S.C. 8501-8523, and the administration of
trade readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011, and shall be available for
obligation by the States through December 31, 2014, except that
funds used for automation acquisitions or competitive grants
awarded to States for improved operations, reemployment and
eligibility assessments and improper payments, or activities to
address misclassification of workers shall be available for Federal
obligation through December 31, 2014 and for obligation by the
States through September 30, 2016, and funds used for unemployment
insurance workloads experienced by the States through September 30,
2014 shall be available for Federal obligation through December 31,
2014;
(2) $10,676,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $642,771,000 from the Trust Fund, together with $21,413,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2014
through June 30, 2015;
(4) $19,818,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986, and the provision of technical assistance and staff
training under the Wagner-Peyser Act, including not to exceed
$1,166,000 that may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980;
(5) $61,973,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$47,691,000 shall be available for the Federal administration of
such activities, and $14,282,000 shall be available for grants to
States for the administration of such activities; and
(6) $60,153,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and section 171 (e)(2)(C) of
the WIA and shall be available for Federal obligation for the
period July 1, 2014 through June 30, 2015:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2014 is projected by the
Department of Labor to exceed 3,357,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance or immigration programs, may be obligated in contracts,
grants, or agreements with non-State entities: Provided further, That
States awarded competitive grants for improved operations under title
III of the Social Security Act, or awarded grants to support the
national activities of the Federal-State unemployment insurance system,
may award subgrants to other States under such grants, subject to the
conditions applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under title III
of the Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular A-87:
Provided further, That the Secretary, at the request of a State
participating in a consortium with other States, may reallot funds
allotted to such State under title III of the Social Security Act to
other States participating in the consortium in order to carry out
activities that benefit the administration of the unemployment
compensation law of the State making the request: Provided further,
That the Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services relating
to the National Agricultural Workers Survey requested by State and
local governments, public and private institutions of higher education,
and non-profit organizations and may utilize such sums, in accordance
with the provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet the
information collection and reporting needs of such entities, which
shall be credited to this appropriation and shall remain available
until September 30, 2015, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2015.
program administration
For expenses of administering employment and training programs,
$100,577,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $178,500,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2014, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2014 shall be
available for obligations for administrative expenses in excess of
$505,441,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2014, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2015, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That an additional $50,000
shall be made available through September 30, 2015, for obligation for
investment management fees for every $25,000,000 in assets received by
the Corporation as a result of new plan terminations or asset growth,
after approval by the Office of Management and Budget and notification
of the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That obligations in excess of the
amounts provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary multiemployer
program related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of the
House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $224,330,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $39,129,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $104,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $109,641,000, together with $2,142,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948; and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $396,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer,
who is not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2013, shall
remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2014: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $60,017,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$19,499,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical review,
$16,190,000;
(4) For program integrity, $1,360,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $93,235,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2015, $24,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,176,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2014 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $33,033,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$25,365,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,247,000, including not to exceed $100,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2014, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,687,000 shall be available for Susan Harwood training
grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$8,441,000 for state assistance grants; in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $2,499,000 in this fiscal year and each
fiscal year thereafter from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
the Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of a
major disaster: Provided, That the Secretary may transfer such sums as
may be necessary to ``Departmental Management'' for the Office of the
Solicitor move related to the relocation of the Mine Safety and Health
Administration headquarters.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $527,212,000,
together with not to exceed $65,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $37,745,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $336,621,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$64,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2014: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than $58,825,000 shall
be for programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs that
address worker rights issues through technical assistance in countries
with which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall be used
for program evaluation and shall be available for obligation through
September 30, 2015: Provided further, That funds available for program
evaluation may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce.
veterans employment and training
Not to exceed $231,414,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and
for the expenses described in section 4102A(b)(5)(C), which shall
be available for obligation by the States through December 31,
2014: Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision of
services to transitioning members of the Armed Forces who have
participated in the Transition Assistance Program and have been
identified as in need of intensive services, to members of the
Armed Forces who are wounded, ill, or injured and receiving
treatment in military treatment facilities or warrior transition
units, and to the spouses or other family caregivers of such
wounded, ill, or injured members;
(2) $14,000,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $39,000,000 is for Federal administration of chapters 41,
42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided further, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above an
amount not to exceed 3 percent of the appropriation from which such
reallocation is made.
In addition, from the General Fund of the Treasury, $38,109,000 is
for carrying out the Homeless Veterans Reintegration Programs under 38
U.S.C. 2021.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $19,778,000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$74,721,000, together with not to exceed $5,590,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than competitive grants for training individuals over the age of 16 who
are not currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using H-1B
visas to hire foreign workers, and the related activities necessary to
support such training: Provided, That the preceding limitation shall
not apply to funding provided pursuant to solicitations for grant
applications issued prior to January 15, 2014.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs. Notwithstanding this section, the limitation on salaries for
the Job Corps shall continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend, through
regulatory or administration action, the definition established in
section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of WIA, or to modify, through
regulatory or administrative action, the procedure for redesignation of
local areas as specified in subtitle B of title I of that Act
(including applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation reauthorizing
the Act is enacted. Nothing in the preceding sentence shall permit or
require the Secretary to withdraw approval for such redesignation from
a State that received the approval not later than October 12, 2005, or
to revise action taken or modify the redesignation procedure being used
by the Secretary in order to complete such redesignation for a State
that initiated the process of such redesignation by submitting any
request for such redesignation not later than October 26, 2005.
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may transfer
funds made available to the Employment and Training Administration by
this Act, either directly or through a set-aside, for technical
assistance services to grantees to ``Program Administration'' when it
is determined that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not apply to
section 173A(f)(2) of the WIA.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2015: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Office of Job Corps'', ``Community Service
Employment for Older Americans'', ``State Unemployment Insurance and
Employment Service Operations'', ``Employee Benefits Security
Administration'', ``Office of Workers' Compensation Programs'', ``Wage
and Hour Division'', ``Office of Federal Contract Compliance
Programs'', ``Office of Labor Management Standards'', ``Occupational
Safety and Health Administration'', ``Mine Safety and Health
Administration'', funding made available to the ``Bureau of
International Affairs'' and ``Women's Bureau'' within the
``Departmental Management, Salaries and Expenses'' account, and
``Veterans Employment and Training''.
Sec. 109. None of the funds made available by this Act may be used
to promulgate the Definition of ``Fiduciary'' regulation (Regulatory
Identification Number 1210-AB32) published by the Employee Benefits
Security Administration of the Department of Labor on October 22, 2010
(75 Fed. Reg. 65263).
Sec. 110. (a) Of the funds appropriated under section 272(b) of the
Trade Act of 1974 for fiscal year 2014, the Secretary may reserve no
more than 3 percent of such funds to conduct evaluations and provide
technical assistance relating to the activities carried out under
section 271 of such Act, including activities carried out under such
section supported by the appropriations provided for fiscal years 2011
through 2013.
(b) Institutions of higher education awarded grants under section
271 of the Trade Act of 1974 may award subgrants to other institutions
of higher education that meet the definition of ``eligible
institution'' under section 271(b)(1)(A) of such Act, subject to the
conditions applicable to such grants.
Sec. 111. (a) Section 5315 of title 5, United States Code, is
amended after the item relating to the Assistant Secretaries of Labor
by inserting ``Administrator, Wage and Hour Division, Department of
Labor.''
(b) Section 5316, title 5, United States Code, is amended by
striking ``Administrator, Wage and Hour and Public Contracts Division,
Department of Labor.''
directive for the secretary of labor
Sec. 112. In an investigation by the Department of substantial
violations related to the admission of nonimmigrants described in
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, if
the employer of such nonimmigrants demonstrates, by a preponderance of
the evidence, that an agent of the employer engaged in fraud or
misrepresentation to the Department that was outside the scope of the
authority conferred by the employer, the Secretary is authorized--
(1) to exclude the employer of such nonimmigrants from
debarment proceedings under section 655.118 of title 20, Code of
Federal Regulations, which were commenced on or after January 1,
2013; and
(2) to initiate or continue debarment proceedings against the
agent who engaged in such fraud or misrepresentation.
Sec. 113. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-
2B nonimmigrants filed by an employer in the seafood industry is
granted, the employer may bring the nonimmigrants described in the
petition into the United States at any time during the 120-day
period beginning on the start date for which the employer is
seeking the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer in
the seafood industry may not bring H-2B nonimmigrants into the
United States after the date that is 90 days after the start date
for which the employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
(c) This section shall be in effect until September 30, 2014.
This title may be cited as the ``Department of Labor Appropriations
Act, 2014''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,495,276,000: Provided, That no more than $40,000 shall be available
until expended for carrying out the provisions of section 224(o) of the
PHS Act, including associated administrative expenses and relevant
evaluations: Provided further, That no more than $94,893,000 shall be
available until expended for carrying out the provisions of Public Law
104-73 and for expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law: Provided further, That of
funds provided for the Health Centers program, as defined by section
330 of the PHS Act, by this Act or any other Act for fiscal year 2014,
not less than $110,000,000 shall be obligated in fiscal year 2014 as
base grant adjustments and not less than $350,000,000 shall be
obligated in fiscal year 2014 to support new access points including
approved and unfunded applications from fiscal year 2013, grants to
expand medical services, behavioral health, oral health, pharmacy, and
vision services, and costs associated with the HHS administration of
these grants.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986, $734,236,000:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
may hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period
of a grant under such section: Provided further, That no funds shall
be available for section 340G-1 of the PHS Act: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the full
disclosure of information under such Act sufficient to recover the full
costs of operating the National Practitioner Data Bank and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the
``Health Care Fraud and Abuse Data Collection Program'', authorized by
section 1128E(d)(2) of the Social Security Act, shall be sufficient to
recover the full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the disclosure of information under the information
reporting requirement program authorized by section 1921 of the Social
Security Act shall be sufficient to recover the full costs of operating
the program and shall remain available until expended to carry out that
Act: Provided further, That funds transferred to this account to carry
out section 846 and subpart 3 of part D of title III of the PHS Act may
be used to make prior year adjustments to awards made under such
sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$846,017,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $77,093,000 shall
be available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in paragraphs (A) through (F)
of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,293,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2016, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act: Provided, That in
addition to amounts provided herein, $25,000,000 shall be available
from amounts available under section 241 of the PHS Act to carry out
parts A, B, C, and D of title XXVI of the PHS Act to fund Special
Projects of National Significance under section 2691.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $103,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820
of the Social Security Act, $142,335,000, of which $40,609,000 from
general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program: Provided, That of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $14,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of
health information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds provided
for grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $9,511,000 shall
be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $153,061,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the PHS Act. For administrative
expenses to carry out the guaranteed loan program, including section
709 of the PHS Act, $2,687,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$6,464,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $571,536,000: Provided, That
in addition to amounts provided herein, $12,864,000 shall be available
from amounts available under section 241 of the PHS Act to carry out
the National Immunization Surveys.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, XXIII, and XXVI of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,072,834,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $287,300,000: Provided,
That of the funds provided for the Advanced Molecular Detection
initiative, the CDC Director shall establish and publish a five-year
program implementation plan within 90 days of enactment.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$711,650,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds available under this heading, $5,000,000
shall be available to conduct an extension and outreach program to
combat obesity in counties with the highest levels of obesity:
Provided further, That of the funds provided under this heading,
$80,000,000 shall be available for a program consisting of three-year
grants of no less than $100,000 per year to non-governmental entities,
local public health offices, school districts, local housing
authorities, local transportation authorities or Indian tribes to
implement evidence-based chronic disease prevention strategies:
Provided further, That applicants for grants described in the previous
proviso shall determine the population to be served and shall agree to
work in collaboration with multi-sector partners.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $122,435,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, informatics, and workforce
development, $347,179,000: Provided, That in addition to amounts
provided herein, $85,691,000 shall be available from amounts available
under section 241 of the PHS Act to carry out public health scientific
services.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $147,555,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $142,311,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and New
Emergency Response Act, and sections 20, 21, and 22 of the Occupational
Safety and Health Act, with respect to occupational safety and health,
$180,300,000: Provided, That in addition to amounts provided herein,
$112,000,000 shall be available from amounts available under section
241 of the PHS Act.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $383,000,000, of which $114,250,000 for
international HIV/AIDS shall remain available through September 30,
2015, and of which $7,500,000 shall remain available through September
30, 2015, to support national public health institutes: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,323,450,000, of which $535,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 30 days to support the work of
the CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
in the previous proviso the annual reimbursement cannot exceed
$3,000,000 across CDC: Provided further, That of the funds provided
for the Strategic National Stockpile, up to $2,000,000 shall be used to
support a comprehensive IOM evaluation of the distribution system.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support that
supplement activities funded under the headings ``Immunization and
Respiratory Diseases'', ``HIV/AIDS, Viral Hepatitis, Sexually
Transmitted Diseases, and Tuberculosis Prevention'', ``Emerging and
Zoonotic Infectious Diseases'', ``Chronic Disease Prevention and Health
Promotion'', ``Birth Defects, Developmental Disabilities, Disabilities
and Health'', ``Environmental Health'', ``Injury Prevention and
Control'', ``National Institute for Occupational Safety and Health'',
``Energy Employees Occupational Illness Compensation Program'',
``Global Health'', ``Public Health Preparedness and Response'', and
``Public Health Scientific Services'', $517,570,000, of which
$380,000,000 shall be available until September 30, 2015, for business
services and transfer to the Working Capital Fund, and of which
$24,000,000 shall be available until September 30, 2018, for
acquisition of real property, equipment, construction and renovation of
facilities: Provided, That paragraphs (1) through (3) of subsection
(b) of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of the CDC:
Provided further, That funds appropriated under this heading and in all
other accounts of CDC may be used to support the purchase, hire,
maintenance, and operation of aircraft for use and support of the
activities of CDC: Provided further, That employees of CDC or the
Public Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments,
shall be treated as non-Federal employees for reporting purposes only
and shall not be included within any personnel ceiling applicable to
the Agency, Service, or HHS during the period of detail or assignment:
Provided further, That CDC may use up to $10,000 from amounts
appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program shall be available through September 30, 2015: Provided
further, That of the funds made available under this heading and in all
other accounts of CDC, up to $1,000 per eligible employee of CDC shall
be made available until expended for Individual Learning Accounts:
Provided further, That to facilitate the implementation of the
permanent Working Capital Fund (``WCF'') authorized under this heading
in division F of Public Law 112-74, on or after enactment of this Act,
unobligated balances of amounts appropriated for business services for
fiscal year 2013 shall be transferred to the WCF: Provided further,
That on or after enactment of this Act, CDC shall transfer amounts
available for business services to other CDC appropriations consistent
with the benefit each appropriation received from the business services
appropriation in fiscal year 2013: Provided further, That once the WCF
is implemented in fiscal year 2014, assets purchased in any prior
fiscal year with funds appropriated for or reimbursed to business
services may be transferred to the WCF and customers billed for
depreciation of those assets: Provided further, That CDC shall,
consistent with the authorities provided in 42 U.S.C. 231, ensure that
the WCF is used only for administrative support services and not for
programmatic activities: Provided further, That CDC shall notify the
Committees on Appropriations of the House of Representatives and the
Senate not later than 15 days prior to any transfers made with funds
provided under this heading.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $4,923,238,000, of which up to $8,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $2,988,605,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $398,650,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,744,274,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,587,982,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,358,841,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,364,147,000: Provided, That
not less than $273,325,000 is provided for the Institutional
Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,282,595,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $682,077,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $665,439,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,171,038,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$520,053,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $404,049,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $140,517,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $446,025,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,025,435,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,446,172,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $497,813,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$329,172,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and alternative medicine, $124,296,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$268,322,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $67,577,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $327,723,000, of which
$4,000,000 shall be available until September 30, 2015, for improvement
of information systems: Provided, That in fiscal year 2014, the
National Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH''): Provided further, That in
addition to amounts provided herein, $8,200,000 shall be available from
amounts available under section 241 of the PHS Act to carry out the
purposes of the National Information Center on Health Services Research
and Health Care Technology established under section 478A of the PHS
Act and related health information services.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $633,267,000: Provided, That up to
$9,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $474,746,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,400,134,000, of which up to $25,000,000 shall be used
to carry out section 213 of this Act: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That NIH is authorized to
collect third-party payments for the cost of clinical services that are
incurred in NIH research facilities and that such payments shall be
credited to the NIH Management Fund: Provided further, That all funds
credited to the NIH Management Fund shall remain available for one
fiscal year after the fiscal year in which they are deposited:
Provided further, That $165,000,000 shall be for the National
Children's Study (``NCS''), except that not later than July 15, 2014,
the Director shall estimate the amount needed for the NCS during fiscal
year 2014, and any funds in excess of the estimated need shall be
transferred to and merged with the accounts for the various Institutes
and Centers in proportion to their shares of total NIH appropriations
made by this Act: Provided further, That $533,039,000 shall be
available for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided further,
That the Office of AIDS Research within the Office of the Director of
the NIH may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section 2354(a)(5)(B) of
the PHS Act.
buildings and facilities
For the study of, construction or demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,663,000, to remain available
until September 30, 2018, of which up to $7,000,000 may be used for
demolition.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,055,347,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated under this Act for fiscal year 2014:
Provided further, That of the amount appropriated under this heading,
$46,000,000 shall be for the National Child Traumatic Stress Initiative
as described in section 582 of the PHS Act: Provided further, That
States shall expend at least 5 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-based
programs that address the needs of individuals with early serious
mental illness, including psychotic disorders, regardless of the age of
the individual at onset: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to section
241 of such Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with respect
to substance abuse treatment and section 1922(a) of the PHS Act with
respect to substance abuse prevention, $2,052,661,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS
Act shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $175,631,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $151,296,000: Provided, That in
addition to amounts provided herein, $30,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That funds made available under this
heading may be used to supplement program support funding provided
under the headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$364,008,000 shall be available from amounts available under section
241 of the PHS Act, notwithstanding subsection 947(c) of such Act:
Provided, That in addition, amounts received from Freedom of
Information Act fees, reimbursable and interagency agreements, and the
sale of data shall be credited to this appropriation and shall remain
available until September 30, 2015.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $177,872,985,000, to remain available until
expended.
For making, after May 31, 2014, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2014 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2015, $103,472,323,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$255,185,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302
of the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall
be credited to this account and remain available until September 30,
2019: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That the Secretary is directed
to collect fees in fiscal year 2014 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That $22,004,000 shall be available for the State
high-risk health insurance pool program as authorized by the State High
Risk Pool Funding Extension Act of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $293,588,000, to remain available through
September 30, 2015, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $207,636,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $28,122,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $29,708,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $28,122,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2014 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided under titles I, IV-
D, X, XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960, $2,965,245,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2015,
$1,250,000,000, to remain available until expended.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,424,549,000:
Provided, That all but $491,000,000 of this amount shall be allocated
as though the total appropriation for such payments for fiscal year
2014 was less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief Act of
1998, $1,486,095,000 of which $1,461,605,000 shall remain available
through September 30, 2016 for carrying out such sections 414, 501,
462, and 235: Provided, That amounts available under this heading to
carry out such section 203 and the TVPA shall also be available for
research and evaluation with respect to activities under those
authorities.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $2,360,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That $19,357,000 shall be available for
child care resource and referral and school-aged child care activities,
of which $996,000 shall be available to the Secretary for a competitive
grant for the operation of a national toll free referral line and Web
site to develop and disseminate child care consumer education
information for parents and help parents access child care in their
local community: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G of the CCDBG
Act, $296,484,000 shall be reserved by the States for activities
authorized under section 658G, of which $108,732,000 shall be for
activities that improve the quality of infant and toddler care:
Provided further, That $9,851,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities:
Provided further, That technical assistance under section 658I(a)(3) of
such Act may be provided directly, or through the use of contracts,
grants, cooperative agreements, or interagency agreements.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 303 and 313 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), the Abandoned Infants Assistance Act of
1988, part B-1 of title IV and sections 413, 1110, and 1115 of the
Social Security Act; for making payments under the Community Services
Block Grant Act (``CSBG Act''), sections 473B and 477(i) of the Social
Security Act, and the Assets for Independence Act; for necessary
administrative expenses to carry out such Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
1960, the Low Income Home Energy Assistance Act of 1981, title IV of
the Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980; and for the administration of prior
year obligations made by the Administration for Children and Families
under the Developmental Disabilities Assistance and Bill of Rights Act
and the Help America Vote Act of 2002, $10,346,943,000, of which
$37,943,000, to remain available through September 30, 2015, shall be
for grants to States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2014: Provided, That subsection (b)(5)
of such section 473A shall apply to funds appropriated under this
heading by substituting ``2013'' for ``2012'': Provided further, That
$8,598,095,000 shall be for making payments under the Head Start Act:
Provided further, That of the amount in the previous proviso,
$8,073,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $100,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That for purposes of allocating funds under section
640 of the Head Start Act, subsection (a)(2) of such section shall be
applied by substituting ``fiscal year 2012'' for ``the prior fiscal
year'' each place it appears in such subsection: Provided further,
That of the amount provided for making payments under the Head Start
Act, $25,000,000 shall be available for allocation by the Secretary to
supplement activities described in paragraphs (7)(B) and (9) of section
641(c) of such Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of
such Act: Provided further, That amounts allocated to Head Start
grantees at the discretion of the Secretary to supplement activities
pursuant to the previous proviso shall not be included in the
calculation of the ``base grant'' in subsequent fiscal years, as such
term is used in section 640(a)(7)(A) of the Head Start Act: Provided
further, That notwithstanding section 640 of the Head Start Act, of the
amount provided for making payments under the Head Start Act,
$500,000,000 shall be available through March 31, 2015 for expansion of
Early Head Start programs as described in section 645A of such Act, for
conversion of Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and for new
discretionary grants for high quality infant and toddler care through
Early Head Start-Child Care Partnerships, to entities defined as
eligible under section 645A(d) of such Act, and, notwithstanding
section 645A(c)(2) of such Act, these funds are available to serve
children under age 4: Provided further, That of the amount made
available in the immediately preceding proviso, up to $10,000,000 shall
be available for the Federal costs of administration and evaluation
activities of the program described in such proviso: Provided further,
That an Early Head Start agency awarded funds for an Early Head Start-
Child Care Partnership after October 1, 2014, shall not be subject to
the requirements of the system for designation renewal as defined by
section 641 of the Head Start Act, for this award only, prior to 18
months after the date of such award: Provided further, That
$709,854,000 shall be for making payments under the CSBG Act: Provided
further, That $36,204,000 shall be for sections 680 and 678E(b)(2) of
the CSBG Act, of which not less than $29,883,000 shall be for section
680(a)(2) and not less than $5,971,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the CSBG Act, and have
not been expended by such entity, they shall remain with such entity
for carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of intangible
assets and program income that permit such assets acquired with, and
program income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees after a
period of not more than 12 years after the end of the grant period for
any activity consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That intangible assets in the form of loans, equity
investments and other debt instruments, and program income may be used
by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures
shall apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided further, That in
addition to amounts provided herein, $5,762,000 shall be available from
amounts available under section 241 of the PHS Act to carry out the
provisions of section 1110 of the Social Security Act: Provided
further, That section 303(a)(2)(A)(i) of the Family Violence Prevention
and Services Act shall not apply to amounts provided herein: Provided
further, That $1,864,000 shall be for a human services case management
system for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of administering
the system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System, including
grants to States to support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and in addition, for carrying out,
except as otherwise provided, section 437 of such Act, $59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $4,806,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2015,
$2,200,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the OAA,
titles III and XXIX of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $1,610,143,000, together with $52,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That none of the funds provided shall be used to
carry out sections 1701 and 1703 of the PHS Act (with respect to
chronic disease self-management activity grants), except that such
funds may be used for necessary expenses associated with administering
any such grants awarded prior to the date of the enactment of this Act:
Provided further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out section 311
of the OAA may be transferred to the Secretary of Agriculture in
accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$458,056,000, together with $69,211,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $52,224,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not less than $72,200,000 shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, of
which not less than $24,000,000 shall be available for research and
demonstration grants to develop, replicate, refine, and test additional
models and innovative strategies for preventing teenage pregnancy, and
of which any remaining amounts shall be available for training and
technical assistance, evaluation, outreach, and additional program
support activities: Provided further, That of the amounts provided
under this heading from amounts available under section 241 of the PHS
Act, $8,455,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this heading,
$1,750,000 is for strengthening the Department's acquisition workforce
capacity and capabilities: Provided further, That with respect to the
previous proviso, such funds shall be available for training,
recruitment, retention and hiring members of the acquisition workforce
as defined by 41 U.S.C. 1703, and for information technology in support
of acquisition workforce effectiveness or for management solutions to
improve acquisition management: Provided further, That of the funds
made available under this heading, $5,000,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents,
and for Federal costs of administering the grant: Provided further,
That grants made under the authority of section 510(b)(2)(A)-(H) of the
Social Security Act shall be made only to public and private entities
that agree that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by
law to provide health information or services the adolescent shall not
be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $82,381,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $15,556,000: Provided,
That in addition to amounts provided herein, $44,811,000 shall be
available from amounts available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$71,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $857,290,000, of which $415,000,000 shall remain
available through September 30, 2015, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act, and other administrative expenses of the Biomedical Advanced
Research and Development Authority, and of which up to $5,000,000 shall
remain available through September 30, 2016, to support the delivery of
medical countermeasures and shall be in addition to any other amounts
available for such purpose: Provided, That funds provided under this
heading for the purpose of acquisition of security countermeasures
shall be in addition to any other funds available for such purpose:
Provided further, That products purchased with funds provided under
this heading may, at the discretion of the Secretary, be deposited in
the Strategic National Stockpile pursuant to section 319F-2 of the PHS
Act: Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2016.
For necessary expenses for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $255,000,000, to
remain available until expended.
For expenses necessary to prepare for and respond to an influenza
pandemic, $115,009,000; of which $83,000,000 shall be available until
expended, for activities including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics, and other
surveillance tools: Provided further, That notwithstanding section
496(b) of the PHS Act, funds may be used for the construction or
renovation of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds such
construction or renovation necessary to secure sufficient supplies of
such vaccines or biologics.
In addition, for expenses necessary for replacement of building
leases and associated renovation costs for Public Health Service
agencies and other components of HHS, including relocation and fit-out
costs, $16,131,000, to remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 204. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2014:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds available under
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 214. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (``ATSDR'') may be transferred to appropriate accounts
of CDC, to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 215. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 216. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the PHS Act, and 1 percent of
the amount made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 217. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 218. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable
Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
the Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not later
than the day after the transfer is made.
(2) Identification (along with a link to the full text) of each
funding opportunity announcement, request for proposals, or other
announcement or solicitation of proposals for grants, cooperative
agreements, or contracts intended to be awarded using such funds,
to be posted not later than the day after the announcement or
solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such funds,
including the purpose of the award and the identity of the
recipient, to be posted not later than 5 days after the award is
made.
(4) A report detailing the uses of all funds transferred under
section 4002(c) during the fiscal year, to be posted not later than
90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 and 2014, the
Secretary shall also include on the Web site established under
subsection (a), semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a value of
$25,000 or more, summarizing the activities undertaken and identifying
any sub-grants or sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted not later than
30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall:
(1) present the information required in subsection (b)(1) on a
single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 219. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
Patient Protection and Affordable Care Act of 2010 (``ACA'') to the
accounts specified, in the amounts specified, and for the activities
specified under the heading ``Prevention and Public Health Fund'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 220. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by encouraging
full and open competition or promoting economy in administration,
performance, and operation of BARDA's programs.
(b) A contract entered into under this section:
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 221. (a) The Secretary shall publish in the fiscal year 2015
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the Patient Protection and
Affordable Care Act of 2010 (``ACA''), and the amendments made by that
Act, in the proposed fiscal year and the 4 prior fiscal years.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and the
amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who:
(1) Are supported through appropriations enacted in laws other
than the ACA and work on programs that existed prior to the passage
of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA;
(3) or who work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 222. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 223. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2014
under section 338B of such Act.
Sec. 224. The Secretary shall publish, as part of the fiscal year
2015 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Marketplaces for each fiscal year since the enactment
of the Patient Protection and Affordable Care Act (Public Law 111-148)
and the proposed uses for such funds for fiscal year 2015. Such
information shall include, for each such fiscal year--
(1) the section(s) of such Act under which such funds were
appropriated or used;
(2) the program, project, or activity for which such funds were
used;
(3) the amount of funds that were used for the Health Insurance
Marketplaces within each such program, project, or activity; and
(4) the milestones completed for data hub functionality and
implementation readiness.
Sec. 225. 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 September 30,
2014, 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. 226. The Secretary shall include in the fiscal year 2016
budget justification an analysis of how section 2713 of the PHS Act
will impact eligibility for discretionary HHS programs.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2014''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$15,552,693,000, of which $4,625,762,000 shall become available on July
1, 2014, and shall remain available through September 30, 2015, and of
which $10,841,177,000 shall become available on October 1, 2014, and
shall remain available through September 30, 2015, for academic year
2014-2015: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$3,984,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2013, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $3,281,550,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,281,550,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That funds available
under sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to
provide homeless children and youths with services not ordinarily
provided to other students under those sections, including supporting
the liaison designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act, and providing transportation
pursuant to section 722(g)(1)(J)(iii) of such Act: Provided further,
That $880,000 shall be to carry out sections 1501 and 1503 of the ESEA:
Provided further, That $505,756,000 shall be available for school
improvement grants under section 1003(g) of the ESEA, which shall be
allocated by the Secretary through the formula described in section
1003(g)(2) and shall be used consistent with the requirements of
section 1003(g), except that State and local educational agencies may
use such funds to serve any school eligible to receive assistance under
part A of title I that has not made adequate yearly progress for at
least 2 years or is in the State's lowest quintile of performance based
on proficiency rates and, in the case of secondary schools, priority
shall be given to those schools with graduation rates below 60 percent:
Provided further, That notwithstanding section 1003(g)(5)(C) of the
ESEA, the Secretary may permit a State educational agency to establish
an award period of up to 5 years for each participating local
educational agency: Provided further, That funds available for school
improvement grants may be used by a local educational agency to
implement a whole-school reform strategy for a school using an
evidence-based strategy that ensures whole-school reform is undertaken
in partnership with a strategy developer offering a whole-school reform
program that is based on at least a moderate level of evidence that the
program will have a statistically significant effect on student
outcomes, including more than one well-designed or well-implemented
experimental or quasi-experimental study: Provided further, That funds
available for school improvement grants may be used by a local
educational agency to implement an alternative State-determined school
improvement strategy that has been established by a State educational
agency with the approval of the Secretary: Provided further, That a
local educational agency that is determined to be eligible for services
under subpart 1 or 2 of part B of title VI of the ESEA may modify not
more than one element of a school improvement grant model: Provided
further, That notwithstanding section 1003(g)(5)(A), each State
educational agency may establish a maximum subgrant size of not more
than $2,000,000 for each participating school applicable to such funds:
Provided further, That the Secretary may reserve up to 5 percent of
the funds available for section 1003(g) of the ESEA to carry out
activities to build State and local educational agency capacity to
implement effectively the school improvement grants program: Provided
further, That $158,000,000 shall be available under section 1502 of the
ESEA for a comprehensive literacy development and education program to
advance literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including limited-
English-proficient students and students with disabilities, of which
one-half of 1 percent shall be reserved for the Secretary of the
Interior for such a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants to the
outlying areas for such a program, up to 5 percent may be reserved for
national activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a program, of
which a State educational agency may reserve up to 5 percent for State
leadership activities, including technical assistance and training,
data collection, reporting, and administration, and shall subgrant not
less than 95 percent to local educational agencies or, in the case of
early literacy, to local educational agencies or other nonprofit
providers of early childhood education that partner with a public or
private nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of children
from birth through kindergarten entry and in providing professional
development in early literacy, giving priority to such agencies or
other entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used to
serve children from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided
further, That eligible entities receiving subgrants from State
educational agencies shall use such funds for services and activities
that have the characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and other
research-based methods of improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,288,603,000,
of which $1,151,233,000 shall be for basic support payments under
section 8003(b), $48,316,000 shall be for payments for children with
disabilities under section 8003(d), $17,406,000 shall be for
construction under section 8007(a), $66,813,000 shall be for Federal
property payments under section 8002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a)
for school year 2013-2014, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and
the Civil Rights Act of 1964, $4,397,391,000, of which $2,580,358,000
shall become available on July 1, 2014, and remain available through
September 30, 2015, and of which $1,681,441,000 shall become available
on October 1, 2014, and shall remain available through September 30,
2015, for academic year 2014-2015: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That funds made available to carry out part C of
title VII of the ESEA shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $48,445,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002: Provided further, That $16,699,000 shall be
available to carry out the Supplemental Education Grants program for
the Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of the amount referred
to in the previous proviso may be reserved by the Federated States of
Micronesia and the Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain technical
assistance, oversight and consultancy services in the administration of
these grants and to reimburse the United States Departments of Labor,
Health and Human Services, and Education for such services: Provided
further, That up to 2 percent of the funds for subpart 1 of part A of
title II of the ESEA shall be reserved by the Secretary for competitive
awards for teacher or principal recruitment and training or
professional enhancement activities to national not-for-profit
organizations, of which up to 10 percent may be used for related
research, dissemination, evaluation, technical assistance, and outreach
activities: Provided further, That $149,717,000 shall be to carry out
part B of title II of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $123,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V of the ESEA, and sections 14006 and 14007 of division A of the
American Recovery and Reinvestment Act of 2009, as amended,
$1,181,317,000: Provided, That $250,000,000 shall be available through
December 31, 2014 for awards to States, in accordance with the
applicable requirements of section 14006 of division A of Public Law
111-5, as amended: Provided further, That the Secretary, jointly with
the Secretary of HHS, shall use all funds made available under the
immediately preceding proviso to make competitive awards in accordance
with such section 14006 to States for improving early childhood care
and education, except that, notwithstanding sections 14006(a) and
14005(d)(6) of such division, such awards may be limited to activities
that build the capacity within the State to develop, enhance, or expand
high-quality preschool programs, including comprehensive services and
family engagement, for preschool-aged children from families at or
below 200 percent of the Federal poverty line: Provided further, That
each State may subgrant a portion of such grant funds to local
educational agencies and other early learning providers (including but
not limited to Head Start programs and licensed child care providers),
or consortia thereof, for the implementation of high-quality preschool
programs for children from families at or below 200 percent of the
Federal poverty line: Provided further, That subgrantees that are
local educational agencies shall form strong partnerships with early
learning providers and that subgrantees that are early learning
providers shall form strong partnerships with local educational
agencies, in order to carry out the requirements of the subgrant:
Provided further, That, notwithstanding the second proviso, up to 3
percent of such funds for improving early childhood care and education
shall be available for technical assistance, evaluation, and other
national activities related to such grants: Provided further, That not
later than 30 days prior to the announcement of a competition under
such section 14006 pursuant to the requirements of this Act, the
Secretary shall submit a report outlining the proposed competition and
priorities to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Secretary
shall administer State grants for improving early childhood care and
education under such section jointly with the Secretary of HHS on such
terms as such Secretaries set forth in an interagency agreement:
Provided further, That up to $141,602,000 shall be available through
December 31, 2014 for section 14007 of division A of Public Law 111-5,
and up to 5 percent of such funds may be used for technical assistance
and the evaluation of activities carried out under such section:
Provided further, That the Secretary may renew a grant made under
section 14007 for additional 1-year periods, for fiscal year 2014 and
thereafter, if the grantee is meeting its performance targets, up to a
total award period of 6 years: Provided further, That the education
facilities clearinghouse established through a competitive award
process in fiscal year 2013 is authorized to collect and disseminate
information on effective educational practices and the latest research
regarding the planning, design, financing, construction, improvement,
operation, and maintenance of safe, healthy, high-performance public
facilities for early learning programs, kindergarten through grade 12,
and higher education: Provided further, That $288,771,000 of the funds
for subpart 1 of part D of title V of the ESEA shall be for competitive
grants to local educational agencies, including charter schools that
are local educational agencies, or States, or partnerships of: (1) a
local educational agency, a State, or both; and (2) at least one
nonprofit organization to develop and implement performance-based
compensation systems for teachers, principals, and other personnel in
high-need schools: Provided further, That such performance-based
compensation systems must consider gains in student academic
achievement as well as classroom evaluations conducted multiple times
during each school year among other factors and provide educators with
incentives to take on additional responsibilities and leadership roles:
Provided further, That recipients of such grants shall demonstrate
that such performance-based compensation systems are developed with the
input of teachers and school leaders in the schools and local
educational agencies to be served by the grant: Provided further, That
recipients of such grants may use such funds to develop or improve
systems and tools (which may be developed and used for the entire local
educational agency or only for schools served under the grant) that
would enhance the quality and success of the compensation system, such
as high-quality teacher evaluations and tools to measure growth in
student achievement: Provided further, That applications for such
grants shall include a plan to sustain financially the activities
conducted and systems developed under the grant once the grant period
has expired: Provided further, That up to 5 percent of such funds for
competitive grants shall be available for technical assistance,
training, peer review of applications, program outreach, and evaluation
activities: Provided further, That of the funds available for part B
of title V of the ESEA, the Secretary shall use not less than
$11,000,000 to carry out activities under section 5205(b) and shall use
not less than $12,000,000 for subpart 2: Provided further, That of the
funds available for subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary shall reserve not less
than $45,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-profit
entities for the replication and expansion of successful charter school
models and shall reserve up to $11,000,000 to carry out the activities
described in section 5205(a), including improving quality and oversight
of charter schools and providing technical assistance and grants to
authorized public chartering agencies in order to increase the number
of high-performing charter schools: Provided further, That funds
available for part B of title V of the ESEA may be used for grants that
support preschool education in charter schools: Provided further, That
each application submitted pursuant to section 5203(a) shall describe a
plan to monitor and hold accountable authorized public chartering
agencies through such activities as providing technical assistance or
establishing a professional development program, which may include
evaluation, planning, training, and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized
charter school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the rights and responsibilities of the
school and the public chartering agency; conduct annual, timely, and
independent audits of the school's financial statements that are filed
with the school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized public
chartering agencies use increases in student academic achievement for
all groups of students described in section 1111(b)(2)(C)(v) of the
ESEA as the most important factor when determining to renew or revoke a
school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title IV and
subparts 1, 2, and 10 of part D of title V of the ESEA, $270,892,000:
Provided, That $90,000,000 shall be available for subpart 2 of part A
of title IV, of which up to $8,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-related
services to local educational agencies and institutions of higher
education in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That $56,754,000 shall
be available for Promise Neighborhoods and shall be available through
December 31, 2014.
English Language Acquisition
For carrying out part A of title III of the ESEA, $723,400,000,
which shall become available on July 1, 2014, and shall remain
available through September 30, 2015, except that 6.5 percent of such
amount shall be available on October 1, 2013, and shall remain
available through September 30, 2015, to carry out activities under
section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for the most
recent 3-year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$12,497,300,000, of which $2,981,201,000 shall become available on July
1, 2014, and shall remain available through September 30, 2015, and of
which $9,283,383,000 shall become available on October 1, 2014, and
shall remain available through September 30, 2015, for academic year
2014-2015: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2013, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2013: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611(d), from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical assistance to
States to improve the capacity of the States to meet the data
collection requirements of sections 616 and 618 and to administer and
carry out other services and activities to improve data collection,
coordination, quality, and use under parts B and C of the IDEA:
Provided further, That funds made available for the Special Olympics
Sport and Empowerment Act of 2004 may be used to support expenses
associated with the Special Olympics National and World Games:
Provided further, That the level of effort a local educational agency
must meet under section 613(a)(2)(A)(iii) of the IDEA, in the year
after it fails to maintain effort is the level of effort that would
have been required in the absence of that failure and not the LEA's
reduced level of expenditures.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,680,497,000, of which
$3,302,053,000 shall be for grants for vocational rehabilitation
services under title I of the Rehabilitation Act: Provided, That the
Secretary may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities aimed at
improving the outcomes of individuals with disabilities as defined in
section 7(20)(B) of the Rehabilitation Act, including activities aimed
at improving the education and post-school outcomes of children
receiving Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child recipient's
economic status and self-sufficiency: Provided further, That from the
remaining available amounts that are not used to carry out activities
aimed at improving the education and post-school outcomes of children
receiving SSI and their families authorized in the previous proviso, up
to $20,000,000 may be used for other innovative activities aimed at
improving the outcomes of individuals with disabilities as defined in
section 7(20)(B) of the Rehabilitation Act: Provided further, That
States may award subgrants for a portion of the funds to other public
and private, non-profit entities: Provided further, That any funds
made available subsequent to reallotment for innovative activities
aimed at improving the outcomes of individuals with disabilities shall
remain available until September 30, 2015: Provided further, That
$2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,456,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $66,291,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $119,000,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,702,686,000, of which
$911,686,000 shall become available on July 1, 2014, and shall remain
available through September 30, 2015, and of which $791,000,000 shall
become available on October 1, 2014, and shall remain available through
September 30, 2015: Provided, That of the amount provided for Adult
Education State Grants, $70,811,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited-English-proficient populations: Provided further,
That of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the AEFLA, 65 percent shall
be allocated to States based on a State's absolute need as determined
by calculating each State's share of a 10-year average of the United
States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence for the 10 most recent years,
and 35 percent allocated to States that experienced growth as measured
by the average of the 3 most recent years for which United States
Citizenship and Immigration Services data for immigrants admitted for
legal permanent residence are available, except that no State shall be
allocated an amount less than $60,000: Provided further, That of the
amounts made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 243.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,486,210,000, which shall remain available
through September 30, 2015.
The maximum Pell Grant for which a student shall be eligible during
award year 2014-2015 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, $1,166,000,000, to remain available until
September 30, 2015.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $1,925,408,000: Provided,
That $575,000 shall be for data collection and evaluation activities
for programs under the HEA, including such activities needed to comply
with the Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and section
102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961
may be used to support visits and study in foreign countries by
individuals who are participating in advanced foreign language training
and international studies in areas that are vital to United States
national security and who plan to apply their language skills and
knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That, of the amount
available under subpart 2 of part A of title VII of the HEA, the
Secretary may use up to $1,485,000 to fund continuation awards for
projects originally supported under subpart 1 of part A of title VII of
the HEA: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV may be
used for evaluation.
Howard University
For partial support of Howard University, $221,821,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $19,096,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2015: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $303,593,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $576,935,000, which shall remain available through
September 30, 2015: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $422,917,000, of which up to $1,000,000, to
remain available until expended, shall be for relocation of, and
renovation of buildings occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $98,356,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $57,791,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting ``2014'' for ``2009''.
Sec. 307. (a) Section 206 of the Department of Education
Organization Act (20 U.S.C. 3416) is amended--
(1) by striking out the heading and inserting ``Office of
Career, Technical, and Adult Education'';
(2) by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and Adult
Education'';
(3) by striking out ``Assistant Secretary for Vocational and
Adult Education'' and inserting ``Assistant Secretary for Career,
Technical, and Adult Education''; and
(4) by striking out ``vocational and adult education'' each
place it appears and inserting ``career, technical, and adult
education''.
(b) Section 202 of the Department of Education Organization Act (20
U.S.C. 3412) is amended--
(1) in subsection (b)(1)(C), by striking out ``Assistant
Secretary for Vocational and Adult Education'' and inserting
``Assistant Secretary for Career, Technical, and Adult Education'';
and
(2) in subsection (h), by striking out ``Assistant Secretary
for Vocational and Adult Education'' each place it appears and
inserting ``Assistant Secretary for Career, Technical, and Adult
Education''.
(c) Section 1 of the Department of Education Organization Act (20
U.S.C. 3401 note) is amended by striking out the entry for section 206
and inserting ``Sec. 206. Office of Career, Technical, and Adult
Education.''.
(d) Section 114(b)(1) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out
``Office of Vocational and Adult Education'' and inserting ``Office of
Career, Technical, and Adult Education''.
Sec. 308. The Secretary may reserve funds under section 9601 of
the ESEA (subject to the limitations in subsections (b) and (c) of that
section) in order to carry out activities authorized under that section
with respect to any ESEA program funded in this Act and without respect
to the source of funds for those activities: Provided, That any funds
reserved under this section shall be available from July 1, 2014
through September 30, 2015: Provided further, That not later than 10
days prior to the initial obligation of funds reserved under this
section, the Secretary shall submit an evaluation plan to the Senate
Committees on Appropriations and Health, Education, Labor, and Pensions
and the House Committees on Appropriations and Education and the
Workforce which identifies the source and amount of funds reserved
under this section, the impact on program grantees if funds are
withheld, and the programs to be evaluated with such funds.
Sec. 309. (a) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described in
subsection (b) is formed at any time after 1938 by the consolidation of
2 or more former school districts, the local educational agency may
elect to have the Secretary determine its eligibility for any fiscal
year on the basis of 1 or more of those former districts, as designated
by the local educational agency.
(b) Eligible Local Educational Agencies.--A local educational
agency referred to in subsection (a) is--
(1) any local educational agency that, for fiscal year 1994 or
any preceding fiscal year, applied, and was determined to be
eligible under, section 2(c) of the Act of September 30, 1950
(Public Law 874, 81st Congress) as that section was in effect for
that fiscal year; or
(2) a local educational agency formed by the consolidation of 2
or more districts, at least 1 of which was eligible for assistance
under this section for the fiscal year preceding the year of the
consolidation, if--
(A) for fiscal years 2006 through 2013 the local
educational agency notified the Secretary not later than 30
days after the date of enactment of this Act; and
(B) for fiscal year 2014 the local educational agency
includes the designation in its application under section 8005
or any timely amendment to such application.
(c) Amount.--A local educational agency eligible under subsection
(b) shall receive a foundation payment as provided for under
subparagraphs (A) and (B) of subsection (h)(1), as in effect on the
date of enactment of this Act, except that the foundation payment shall
be calculated based on the most recent payment received by the local
educational agency based on its former common status.
Sec. 310. The Secretary of Education shall--
(1) modify the Free Application for Federal Student Aid
described in section 483 of the HEA so that the Free Application
for Federal Student Aid contains an individual box for the purpose
of identifying students who are foster youth or were in the foster
care system; and
(2) utilize such identification as a tool to notify students
who are foster youth or were in the foster care system of their
potential eligibility for Federal student aid, including
postsecondary education programs through the John H. Chafee Foster
Care Independence Program and any other Federal programs under
which such students may be eligible to receive assistance.
This title may be cited as the ``Department of Education
Appropriations Act, 2014''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,257,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $756,849,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C),
and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $70,000,000 shall be available for
expenses authorized under section 501(a)(4)(E) of the 1990 Act; (3)
$15,038,000 shall be available to provide assistance to State
commissions on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act;
(4) $30,000,000 shall be available to carry out subtitle E of the 1990
Act; and (5) $3,800,000 shall be available for expenses authorized
under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the
provisions of section 198P shall be awarded by CNCS on a competitive
basis: Provided further, That not to exceed 20 percent of funds made
available under section 501(a)(4)(E) of the 1990 Act may be used for
Social Innovation Funds Pilot Program-related performance-based awards
for Pay for Success projects: Provided further, That, with respect to
the previous proviso, any funds obligated for such projects shall
remain available for disbursement until expended, notwithstanding 31
U.S.C. 1552(a), and that any funds deobligated from such projects shall
immediately be available for activities authorized under 198K of such
Act.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $207,368,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $80,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,000,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2014, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act:
(1) Entities described in paragraph (a) of such section shall
be considered ``qualified entities'' under section 3 of the
National Child Protection Act of 1993 (``NCPA''); and
(2) Individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized
to receive criminal history record information, consistent with
Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2016, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds made
available to CPB by this Act shall be used to support the Television
Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$45,149,000, including up to $400,000 to remain available through
September 30, 2015 for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $16,423,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$226,860,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,500,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,519,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,186,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 406. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,116,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $11,411,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $39,000,000,
which shall include amounts becoming available in fiscal year 2014
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2015, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $110,300,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,272,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$16,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,249,064,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $47,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act and remain available through
September 30, 2015.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2015, $19,700,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $10,328,040,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds provided
under this paragraph at the end of fiscal year 2014 not needed for
fiscal year 2014 shall remain available until expended to invest in the
Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, for the costs 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, $1,197,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That, of
such amount, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $924,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such
Act: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $171,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2014
exceed $171,000,000, the amounts shall be available in fiscal year 2015
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$28,829,000, together with not to exceed $73,249,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.204(b) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2014, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2014, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2014 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act, or the
fiscal year 2014 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2014, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the 3 years preceding the certification,
has not been convicted of a criminal offense under the Internal Revenue
Code of 1986, and has not, more than 90 days prior to certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
Sec. 519. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 520. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
(rescission)
Sec. 521. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act,
$6,317,000,000 are hereby rescinded.
Sec. 522. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to carry out any program
of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
(rescission)
Sec. 523. Of the funds made available for fiscal year 2014 under
section 3403 of Public Law 111-148, $10,000,000 are rescinded.
Sec. 524. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a quarterly
report on the status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and obligated
but unexpended, the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation (beginning
with fiscal year 2012, or, to the extent feasible, earlier fiscal
years) from which balances were derived.
(including transfer of funds)
Sec. 525. (a) In General.--The Health Education Assistance Loan
(``HEAL'') program under title VII, part A, subpart I of the PHS Act,
and the authority to administer such program, including servicing,
collecting, and enforcing any loans that were made under such program
that remain outstanding, shall be permanently transferred from the
Secretary of Health and Human Services to the Secretary of Education no
later than the end of the first fiscal quarter that begins after the
date of enactment of this Act.
(b) Transfer of Functions, Assets, and Liabilities.--The functions,
assets, and liabilities of the Secretary of Health and Human Services
relating to such program shall be transferred to the Secretary of
Education.
(c) Interdepartmental Coordination of Transfer.--The Secretary of
Health and Human Services and the Secretary of Education shall carry
out the transfer of the HEAL program described in subsection (a),
including the transfer of the functions, assets, and liabilities
specified in subsection (b), in the manner that they determine is most
appropriate.
(d) Use of Authorities Under HEA of 1965.--In servicing,
collecting, and enforcing the loans described in subsection (a), the
Secretary of Education shall have available any and all authorities
available to such Secretary in servicing, collecting, or enforcing a
loan made, insured, or guaranteed under part B of title IV of the HEA
of 1965.
(e) Conforming Amendments.--Effective as of the date on which the
transfer of the HEAL program under subsection (a) takes effect, section
719 of the PHS Act is amended by adding at the end the following new
paragraph:
``(6) The term `Secretary' means the Secretary of Education.''.
(including transfer of funds)
Sec. 526. (a) Definitions.--In this section,
(1) ``Performance Partnership Pilot'' (or ``Pilot'') is a
project that seeks to identify, through a demonstration, cost-
effective strategies for providing services at the State, regional,
or local level that--
(A) involve two or more Federal programs (administered by
one or more Federal agencies)--
(i) which have related policy goals, and
(ii) at least one of which is administered (in whole or
in part) by a State, local, or tribal government; and
(B) achieve better results for regions, communities, or
specific at-risk populations through making better use of the
budgetary resources that are available for supporting such
programs.
(2) ``To improve outcomes for disconnected youth'' means to
increase the rate at which individuals between the ages of 14 and
24 (who are low-income and either homeless, in foster care,
involved in the juvenile justice system, unemployed, or not
enrolled in or at risk of dropping out of an educational
institution) achieve success in meeting educational, employment, or
other key goals.
(3) The ``lead Federal administering agency'' is the Federal
agency, to be designated by the Director of the Office of
Management and Budget (from among the participating Federal
agencies that have statutory responsibility for the Federal
discretionary funds that will be used in a Performance Partnership
Pilot), that will enter into and administer the particular
Performance Partnership Agreement on behalf of that agency and the
other participating Federal agencies.
(b) Use of Discretionary Funds in Fiscal Year 2014.--Federal
agencies may use Federal discretionary funds that are made available in
this Act to carry out up to 10 Performance Partnership Pilots. Such
Pilots shall:
(1) be designed to improve outcomes for disconnected youth, and
(2) involve Federal programs targeted on disconnected youth, or
designed to prevent youth from disconnecting from school or work,
that provide education, training, employment, and other related
social services.
(c) Performance Partnership Agreements.--Federal agencies may use
Federal discretionary funds, as authorized in subsection (b), to
participate in a Performance Partnership Pilot only in accordance with
the terms of a Performance Partnership Agreement that--
(1) is entered into between--
(A) the head of the lead Federal administering agency, on
behalf of all of the participating Federal agencies (subject to
the head of the lead Federal administering agency having
received from the heads of each of the other participating
agencies their written concurrence for entering into the
Agreement), and
(B) the respective representatives of all of the State,
local, or tribal governments that are participating in the
Agreement; and
(2) specifies, at a minimum, the following information:
(A) the length of the Agreement (which shall not extend
beyond September 30, 2018);
(B) the Federal programs and federally funded services that
are involved in the Pilot;
(C) the Federal discretionary funds that are being used in
the Pilot (by the respective Federal account identifier, and
the total amount from such account that is being used in the
Pilot), and the period (or periods) of availability for
obligation (by the Federal Government) of such funds;
(D) the non-Federal funds that are involved in the Pilot,
by source (which may include private funds as well as
governmental funds) and by amount;
(E) the State, local, or tribal programs that are involved
in the Pilot;
(F) the populations to be served by the Pilot;
(G) the cost-effective Federal oversight procedures that
will be used for the purpose of maintaining the necessary level
of accountability for the use of the Federal discretionary
funds;
(H) the cost-effective State, local, or tribal oversight
procedures that will be used for the purpose of maintaining the
necessary level of accountability for the use of the Federal
discretionary funds;
(I) the outcome (or outcomes) that the Pilot is designed to
achieve;
(J) the appropriate, reliable, and objective outcome-
measurement methodology that the Federal Government and the
participating State, local, or tribal governments will use, in
carrying out the Pilot, to determine whether the Pilot is
achieving, and has achieved, the specified outcomes that the
Pilot is designed to achieve;
(K) the statutory, regulatory, or administrative
requirements related to Federal mandatory programs that are
barriers to achieving improved outcomes of the Pilot; and
(L) in cases where, during the course of the Pilot, it is
determined that the Pilot is not achieving the specified
outcomes that it is designed to achieve,
(i) the consequences that will result from such
deficiencies with respect to the Federal discretionary
funds that are being used in the Pilot, and
(ii) the corrective actions that will be taken in order
to increase the likelihood that the Pilot, upon completion,
will have achieved such specified outcomes.
(d) Agency Head Determinations.--A Federal agency may participate
in a Performance Partnership Pilot (including by providing Federal
discretionary funds that have been appropriated to such agency) only
upon the written determination by the head of such agency that the
agency's participation in such Pilot--
(1) will not result in denying or restricting the eligibility
of any individual for any of the services that (in whole or in
part) are funded by the agency's programs and Federal discretionary
funds that are involved in the Pilot, and
(2) based on the best available information, will not otherwise
adversely affect vulnerable populations that are the recipients of
such services.
In making this determination, the head of the agency may take into
consideration the other Federal discretionary funds that will be used
in the Pilot as well as any non-Federal funds (including from private
sources as well as governmental sources) that will be used in the
Pilot.
(e) Transfer Authority.--For the purpose of carrying out the Pilot
in accordance with the Performance Partnership Agreement, and subject
to the written approval of the Director of the Office of Management and
Budget, the head of each participating Federal agency may transfer
Federal discretionary funds that are being used in the Pilot to an
account of the lead Federal administering agency that includes Federal
discretionary funds that are being used in the Pilot. Subject to the
waiver authority under subsection (f), such transferred funds shall
remain available for the same purposes for which such funds were
originally appropriated: Provided, That such transferred funds shall
remain available for obligation by the Federal Government until the
expiration of the period of availability for those Federal
discretionary funds (which are being used in the Pilot) that have the
longest period of availability, except that any such transferred funds
shall not remain available beyond September 30, 2018.
(f) Waiver Authority.--In connection with a Federal agency's
participation in a Performance Partnership Pilot, and subject to the
other provisions of this section (including subsection (e)), the head
of the Federal agency to which the Federal discretionary funds were
appropriated may waive (in whole or in part) the application, solely to
such discretionary funds that are being used in the Pilot, of any
statutory, regulatory, or administrative requirement that such agency
head--
(1) is otherwise authorized to waive (in accordance with the
terms and conditions of such other authority), and
(2) is not otherwise authorized to waive, provided that in such
case the agency head shall--
(A) not waive any requirement related to nondiscrimination,
wage and labor standards, or allocation of funds to State and
substate levels;
(B) issue a written determination, prior to granting the
waiver, with respect to such discretionary funds that the
granting of such waiver for purposes of the Pilot--
(i) is consistent with both--
(I) the statutory purposes of the Federal program
for which such discretionary funds were appropriated,
and
(II) the other provisions of this section,
including the written determination by the agency head
issued under subsection (d);
(ii) is necessary to achieve the outcomes of the Pilot
as specified in the Performance Partnership Agreement, and
is no broader in scope than is necessary to achieve such
outcomes; and
(iii) will result in either--
(I) realizing efficiencies by simplifying reporting
burdens or reducing administrative barriers with
respect to such discretionary funds, or
(II) increasing the ability of individuals to
obtain access to services that are provided by such
discretionary funds; and
(C) provide at least 60 days advance written notice to the
Committees on Appropriations and other committees of
jurisdiction in the House of Representatives and the Senate.
Sec. 527. Each Federal agency, or in the case of an agency with
multiple bureaus, each bureau (or operating division) funded under this
Act that has research and development expenditures in excess of
$100,000,000 per year shall develop a Federal research public access
policy that provides for--
(1) the submission to the agency, agency bureau, or designated
entity acting on behalf of the agency, a machine-readable version
of the author's final peer-reviewed manuscripts that have been
accepted for publication in peer-reviewed journals describing
research supported, in whole or in part, from funding by the
Federal Government;
(2) free online public access to such final peer-reviewed
manuscripts or published versions not later than 12 months after
the official date of publication; and
(3) compliance with all relevant copyright laws.
Sec. 528. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2014''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader of the
Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
of the Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of
the Majority and Minority Conference Committees, $4,690 for each
Chairman; and Chairmen of the Majority and Minority Policy Committees,
$4,690 for each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $175,950,812, which shall be
paid from this appropriation without regard to the following
limitations:
office of the vice president
For the Office of the Vice President, $2,393,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $715,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,201,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,321,424.
committee on appropriations
For salaries of the Committee on Appropriations, $14,942,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,639,000 for each such committee; in all, $3,278,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $805,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,673,905 for each such committee; in all,
$3,347,810.
office of the chaplain
For Office of the Chaplain, $410,886.
office of the secretary
For Office of the Secretary, $24,524,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $68,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,740,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $47,271,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,192,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,109,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
the Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $132,000,000, of which
$26,650,000 shall remain available until September 30, 2016, and of
which $720,000 shall remain available until September 30, 2015 to
enhance inquiries and investigations of intelligence matters.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $493,822.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$6,250,000 of which $4,350,000 shall remain available until September
30, 2017.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $128,210,000, which shall remain available until
September 30, 2018.
miscellaneous items
For miscellaneous items, $19,400,000, which shall remain available
until September 30, 2016.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$390,000,000 of which $19,109,214 shall remain available until
September 30, 2016.
official mail costs
For expenses necessary for official mail costs of the Senate,
$281,000.
Administrative Provision
workers compensation payments
Sec. 1. (a) In General.--Available balances of expired
appropriations which are subject to disbursement by the Secretary of
the Senate shall be available to the Secretary of the Senate to make
the deposit to the credit of the Employees' Compensation Fund required
by section 8147(b) of title 5, United States Code.
(b) Effective Date.--This section shall apply with respect to
appropriations for fiscal year 2014, and each fiscal year thereafter.
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Beverly A. Young, widow of C.W. Bill Young, late a
Representative from the State of Florida, $174,000.
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,459,639, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2014 until January 2, 2015.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $554,317,732.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $123,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2014, except that $2,300,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2014.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $172,654,864, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, including not more than $25,000, of which not more than
$20,000 is for the Family Room and not more than $2,000 is for the
Office of the Chaplain, for official representation and reception
expenses, $24,009,473; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $14,776,729,
of which $7,063,000 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer
including not more than $3,000 for official representation and
reception expenses, $113,100,000, of which $6,200,000 shall remain
available until expended; for salaries and expenses of the Office of
the Inspector General, $4,741,809; for salaries and expenses of the
Office of General Counsel, $1,340,987; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian, $2,000
for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $1,952,249; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,087,587; for salaries and expenses of the Office of the
Legislative Counsel of the House, $8,352,975; for salaries and expenses
of the Office of Interparliamentary Affairs, $814,069; and for other
authorized employees, $478,986.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $284,310,336, including: supplies, materials, administrative costs
and Federal tort claims, $3,502,789; official mail for committees,
leadership offices, and administrative offices of the House, $190,486;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $258,081,289, to remain available
until March 31, 2015; Business Continuity and Disaster Recovery,
$16,217,008, of which $5,000,000 shall remain available until expended;
transition activities for new Members and staff $1,631,487 to remain
available until expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics, $1,467,030;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,247.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members' Representational
Allowances'' shall be available only for fiscal year 2014. Any amount
remaining after all payments are made under such allowances for fiscal
year 2014 shall be deposited in the Treasury and used for deficit
reduction (or, if there is no Federal budget deficit after all such
payments have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. (a) Section 109(a) of the Legislative Branch
Appropriations Act, 1998 (2 U.S.C. 95d(a)) is amended by striking the
period at the end and inserting the following: ``, and for reimbursing
the Secretary of Labor for any amounts paid with respect to
unemployment compensation payments for former employees of the
House.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2014 and each succeeding fiscal year.
Sec. 103. (a) Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 95b(c)(2)) is amended by striking
``and `Allowances and Expenses''' and inserting the following:
```Allowances and Expenses', the heading for any joint committee under
the heading `Joint Items' (to the extent that amounts appropriated for
the joint committee are disbursed by the Chief Administrative Officer
of the House of Representatives), and `Office of the Attending
Physician'''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2014 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,004,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580 per
month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and
(5) $2,625,000 for reimbursement to the Department of the Navy
for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $3,400,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
salaries and expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,387,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $279,000,000, of which overtime
shall not exceed $22,802,195 unless the Committees on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
general expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $59,459,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law, the cost of
basic training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2014 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
Administrative Provisions
(including transfer of funds)
authority to transfer amounts between salaries and general expenses
Sec. 1001. During fiscal year 2014 and any succeeding fiscal year,
the Capitol Police may transfer amounts appropriated for the fiscal
year between the category for salaries and the category for general
expenses, upon the approval of the Committees on Appropriations of the
House of Representatives and Senate.
funds available for workers compensation payments
Sec. 1002. (a) In General.--Available balances of expired United
States Capitol Police appropriations shall be available to the Capitol
Police to make the deposit to the credit of the Employees' Compensation
Fund required by section 8147(b) of title 5, United States Code.
(b) Conforming Amendment.--Section 1018 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1907) is amended by striking
subsection (f).
(c) Effective Date.--This section shall apply with respect to
appropriations for fiscal year 2014 and each fiscal year thereafter.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act of
1995 (2 U.S.C. 1385), $3,868,000, of which $780,000 shall remain
available until September 30, 2015: Provided, That not more than $500
may be expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation and
reception expenses.
Administrative Provisions
Sec. 1101. (a) The second sentence of section 415(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) is amended
to read as follows: ``There are appropriated for such account such sums
as may be necessary to pay such awards and settlements.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2014 and each succeeding fiscal year.
semiannual report of disbursements
Sec. 1102. (a) Reports Required.--Not later than 60 days after the
last day of each semiannual period of a fiscal year, the Executive
Director of the Office of Compliance shall submit to the Committee on
House Administration of the House of Representatives, the Committee on
Rules and Administration of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate, with respect
to that period, a detailed, itemized report of the disbursements for
the operations of the Office of Compliance.
(b) Contents.--
(1) In general.--The report required by subsection (a) shall
include--
(A) the identification of each person who receives a
payment from the Office of Compliance, except that in the case
of an individual, the identification shall be provided in a
manner that does not identify the individual by name;
(B) the quantity and price of any item furnished to the
Office of Compliance;
(C) a description of any service rendered to the Office of
Compliance, together with a statement of the time required for
the service, and the name, title, and amount paid to each
person who renders the service;
(D) a statement of all amounts appropriated to, or received
or expended by, the Office of Compliance and any unexpended
balances of such amounts; and
(E) such additional information as may be required by
regulation of the Committee on House Administration of the
House of Representatives, the Committee on Rules and
Administration of the Senate, or the Committees on
Appropriations of the House of Representatives or Senate.
(2) Exception for confidential information.--The Executive
Director of the Office of Compliance may exclude from any report
required by subsection (a) any information the disclosure of which
would violate confidentiality policies of the Office of Compliance.
(c) Effective Date.--This section shall apply with respect to the
semiannual periods of October 1 through March 31 and April 1 through
September 30 of each fiscal year, beginning with fiscal year 2014.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $45,700,000.
Administrative Provision
acceptance of voluntary student services
Sec. 1201. (a) Section 3111(e) of title 5, United States Code, is
amended--
(1) by striking ``(e)'' and inserting ``(e)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In this section, the term `agency' includes the Congressional
Budget Office, except that in the case of the Congressional Budget
Office--
``(A) any student who provides voluntary service in accordance
with this section shall be considered an employee of the
Congressional Budget Office for purposes of section 203 of the
Congressional Budget Act of 1974 (relating to the level of
confidentiality of budget data); and
``(B) the authority granted to the Office of Personnel
Management under this section shall be exercised by the Director of
the Congressional Budget Office.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2014 and each succeeding fiscal year.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $90,276,946, of which $599,000 shall remain
available until September 30, 2018.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $61,376,000, of which $21,400,000 shall remain
available until September 30, 2018, and of which $15,940,000 shall
remain available until expended solely for expenses related to
rehabilitation of the U.S. Capitol Dome.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $13,860,000, of which $4,000,000 shall remain
available until September 30, 2018.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $72,990,000, of which $16,000,000 shall remain available until
September 30, 2018.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $71,622,000, of which $9,100,000 shall
remain available until September 30, 2018.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $70,000,000, shall remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $116,678,000, of which $32,500,000 shall remain
available until September 30, 2018: Provided, That not more than
$9,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2014.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$53,391,000, of which $28,531,000 shall remain available until
September 30, 2018.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $19,348,000, of which $1,814,000 shall remain
available until September 30, 2018.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $11,856,000, of which $2,082,000 shall
remain available until September 30, 2018: Provided, That of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $20,632,000.
Administrative Provisions
semiannual report of disbursements
Sec. 1301. (a) Reports Required.--Not later than 60 days after the
last day of each semiannual period, the Architect of the Capitol shall
submit to Congress, with respect to that period, a detailed, itemized
report of the disbursements for the operations of the Office of the
Architect of the Capitol.
(b) Contents.--The report required by subsection (a) shall
include--
(1) the name of each person who receives a payment from the
Office of the Architect of the Capitol;
(2) the quantity and price of any item furnished to the Office
of the Architect of the Capitol;
(3) a description of any service rendered to the Office of the
Architect of the Capitol, together with a statement of the time
required for the service, and the name, title, and amount paid to
each person who renders the service;
(4) a statement of all amounts appropriated to, or received or
expended by, the Office of the Architect of the Capitol and any
unexpended balances of such amounts;
(5) the information submitted to the Comptroller General under
section 3523(b) of title 31, United States Code; and
(6) such additional information as may be required by
regulation of the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration of the
Senate.
(c) Printing.--Each report under this section shall be printed as a
House document.
(d) Effective Date.--This section shall apply with respect to the
semiannual periods of January 1 through June 30 and July 1 through
December 31 of each year, beginning with the semiannual period in which
this section is enacted.
use of building
Sec. 1302. (a) Use of Building.--In exercising its authority under
the item ``Architect of the Capitol, Capitol Buildings and Grounds,
House Office Buildings'' in the Legislative Branch Appropriations Act,
1985 (Public Law 98-367; 2 U.S.C. 2001 note), to use the building
referred to in such item for the purposes of providing office and
accommodations for the House of Representatives, the House Office
Building Commission is authorized to enter into such agreements
regarding the use of the building by the House or by other persons as
the Commission considers appropriate.
(b) Effective Date.--This section shall apply with respect to
fiscal year 2014 and each succeeding fiscal year.
collection and sale of recyclable materials
Sec. 1303. Section 1101(c) of Legislative Branch Appropriations
Act, 2009 (division G of Public Law 111-8, 123 Stat. 823, 2 U.S.C. 1811
note) is amended by striking ``each of the fiscal years 2009 through
2013'' and inserting ``fiscal year 2009 and each fiscal year
thereafter''.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and
maintenance of the American Folklife Center in the Library; activities
under the Civil Rights History Project Act of 2009; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $412,052,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2014, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2014 and shall remain available until
expended for the development and maintenance of an international legal
information database and activities related thereto: Provided, That
the Library of Congress may not obligate or expend any funds derived
from collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than $6,350,000:
Provided further, That of the total amount appropriated, not more than
$12,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the Overseas Field Offices: Provided further, That of the
total amount appropriated, $7,119,000 shall remain available until
expended for the digital collections and educational curricula program.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $51,624,000, of
which not more than $27,971,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2014 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $5,473,000 shall be derived from
collections during fiscal year 2014 under sections 111(d)(2),
119(b)(2), 803(e), 1005, and 1316 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $33,444,000: Provided
further, That not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than
$6,500 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203
of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $105,350,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $49,750,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1401. (a) In General.--For fiscal year 2014, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $185,579,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
authority to transfer amounts between categories of appropriations
Sec. 1402. (a) In General.--During fiscal year 2014 and any
succeeding fiscal year, the Librarian of Congress may transfer amounts
appropriated for the fiscal year between the categories of
appropriations provided under law for the Library of Congress for the
fiscal year, upon the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(b) Limitation.--Not more than 10 percent of the total amount of
funds appropriated to the account under any category of appropriations
for the Library of Congress for a fiscal year may be transferred from
that account by all transfers made under subsection (a).
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title 44,
United States Code); printing and binding of Government publications
authorized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,736,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That notwithstanding the 2-
year limitation under section 718 of title 44, United States Code, none
of the funds appropriated or made available under this Act or any other
Act for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United States
Code: Provided further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office revolving
fund for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the Congressional
Record on only a monthly and session basis.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $31,500,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations
are authorized for producing and disseminating Congressional serial
sets and other related publications for fiscal years 2012 and 2013 to
depository and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or accounts for
similar purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving Fund,
$8,064,000, to remain available until expended, for information
technology development and facilities repair: Provided, That the
Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Printing Office Revolving Fund: Provided further, That not
more than $7,500 may be expended on the certification of the Public
Printer in connection with official representation and reception
expenses: Provided further, That the revolving fund shall be available
for the hire or purchase of not more than 12 passenger motor vehicles:
Provided further, That expenditures in connection with travel expenses
of the advisory councils to the Public Printer shall be deemed
necessary to carry out the provisions of title 44, United States Code:
Provided further, That the revolving fund shall be available for
temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of the
Executive Schedule under section 5316 of such title: Provided further,
That activities financed through the revolving fund may provide
information in any format: Provided further, That the revolving fund
and the funds provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' may not be used for
contracted security services at GPO's passport facility in the District
of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $505,383,000: Provided, That in addition,
$32,368,000 of payments received under sections 782, 3521, and 9105 of
title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
Administrative Provision
use of electronic filing for procurement protest system
Sec. 1501. Section 3555(c) of title 31, United States Code, is
amended to read as follows:
``(c) Electronic Filing and Document Dissemination System.--
``(1) Establishment and operation of system.--The Comptroller
General shall establish and operate an electronic filing and
document dissemination system under which, in accordance with
procedures prescribed by the Comptroller General--
``(A) a person filing a protest under this subchapter may
file the protest through electronic means; and
``(B) all documents and information required with respect
to the protest may be disseminated and made available to the
parties to the protest through electronic means.
``(2) Imposition of fees.--
``(A) In general.--The Comptroller General may require each
person who files a protest under this subchapter to pay a fee
to support the establishment and operation of the electronic
system under this subsection, without regard to whether or not
the person uses the system with respect to the protest.
``(B) Amount.--The Comptroller General shall establish (and
from time to time shall update) a schedule setting forth the
amount of the fee to be paid under subparagraph (A).
``(3) Treatment of amounts collected.--
``(A) Establishment of account.--The Comptroller General
shall maintain a separate account among the accounts of the
Government Accountability Office for the electronic system
under this subsection, and shall deposit all amounts received
as fees under paragraph (2) into the account.
``(B) Use of amounts.--Amounts in the account maintained
under this paragraph shall be available to the Comptroller
General, without fiscal year limitation, solely to establish
and operate the electronic system under this subsection.''.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2014 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
landscape maintenance
Sec. 206. The Architect of the Capitol, in consultation with the
District of Columbia, is authorized to maintain and improve the
landscape features, excluding streets, in the irregular shaped grassy
areas bounded by Washington Avenue, SW on the northeast, Second Street,
SW, on the west, Square 582 on the south, and the beginning of the I-
395 tunnel on the southeast.
limitation on transfers
Sec. 207. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 208. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
delivery of bills and resolutions
Sec. 209. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 210. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 211. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 212. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
authorizing commercial activity on union square
Sec. 213. (a) Treatment as Part of Capitol Grounds.--
(1) In general.--For purposes of chapter 51 of title 40, United
States Code, the United States Capitol Grounds shall include Union
Square.
(2) Union square defined.--In this section, the term ``Union
Square'' means the area for which jurisdiction and control was
transferred to the Architect of the Capitol under section 1202 of
the Legislative Branch Appropriations Act, 2012 (Public Law 112-
74).
(b) Continuation of Types of Activity Previously Authorized.--
(1) In general.--Notwithstanding any limitations on the use of
the United States Capitol Grounds (including section 5104(c) of
title 40, United States Code), the Chief of the United States
Capitol Police (hereafter referred to as the ``Chief'')--
(A) may issue a permit authorizing a person to engage in
commercial activity in Union Square if the activity is similar
to the types of commercial activity permitted in Union Square
prior to the transfer of jurisdiction and control of Union
Square to the Architect of the Capitol under section 1202 of
the Legislative Branch Appropriations Act, 2012 (Public Law
112-74); and
(B) under the terms and conditions of such a permit, may
require the person to whom the permit is issued to pay a fee to
cover any costs incurred by the Architect of the Capitol as a
result of the issuance of the permit, if the fees are similar
to the fees collected by the Director of the National Park
Service for commercial activity permitted in Union Square prior
to such transfer of jurisdiction and control.
(2) Regulations.--The Chief shall carry out this section in
accordance with such regulations as the Capitol Police Board may
promulgate pursuant to the Board's authority under section 14 of
the Act of July 31, 1946 (2 U.S.C. 1969), except that the Board
shall promulgate the regulations in consultation with the Committee
on House Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate.
(c) Capitol Trust Account.--
(1) Establishment.--There is established in the Treasury of the
United States an account for the Architect of the Capitol to be
known as the ``Capitol Trust Account'', consisting of all fees
collected by the Chief under subsection (b)(2).
(2) Transfer.--Immediately upon receiving any fees collected
under subsection (b)(2), the Chief shall transfer the fees to the
Capitol Trust Account.
(3) Use of funds.--Amounts in the Capitol Trust Account shall
be available without fiscal year limitation for such maintenance,
improvements, and projects with respect to Union Square as the
Architect of the Capitol considers appropriate, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
(d) Effective Date.--This section shall take effect on the date of
the enactment of the Legislative Branch Appropriations Act, 2012
(Public Law 112-74).
This division may be cited as the ``Legislative Branch
Appropriations Act, 2014''.
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,104,875,000, to remain
available until September 30, 2018: Provided, That of this amount, not
to exceed $64,575,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,629,690,000, to remain available until September 30,
2018: Provided, That of this amount, not to exceed $80,638,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,052,796,000, to remain available until September 30, 2018:
Provided, That of this amount, not to exceed $11,314,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That none of the funds provided under this heading for
military construction in the United Kingdom as identified in the table
entitled ``Military Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) may be obligated or expended until the Department of
Defense completes a European Consolidation Study, and the Secretary of
Defense (1) provides to the Committees on Appropriations of both Houses
of Congress a comprehensive European basing strategy reflecting the
findings of the Consolidation Study, and (2) certifies in writing the
requirement identified in the study for each of the military
construction projects in the United Kingdom funded in this section:
Provided further, That none of the funds provided under this heading
for military construction in Saipan or for Pacific Airpower Resiliency
projects in Guam, Joint Region Marianas, as identified in the table
entitled ``Military Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) may be obligated or expended until the Department of
Defense completes a Pacific Resiliency Study and the Secretary of
Defense (1) provides to the Committees on Appropriations of both Houses
of Congress a comprehensive Pacific Resiliency Plan, and (2) certifies
in writing the requirement identified in the study for each of the
military construction projects in Saipan, and for the Pacific Airpower
Resiliency projects in Guam funded in this section.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$3,445,423,000, to remain available until September 30, 2018:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $205,185,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That none of the funds provided under this heading for
military construction in Germany or the United Kingdom as identified in
the table entitled ``Military Construction'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) may be obligated or expended until the
Department of Defense completes a European Consolidation Study, and the
Secretary of Defense (1) provides to the Committees on Appropriations
of both Houses of Congress a comprehensive European basing strategy
reflecting the findings of the Consolidation Study, and (2) certifies
in writing the requirement identified in the study for each of the
military construction projects in Germany and the United Kingdom funded
in this section: Provided further, That of the amount appropriated,
notwithstanding any other provision of law, $38,513,000 shall be
available for payments to the North Atlantic Treaty Organization for
the planning, design, and construction of a new North Atlantic Treaty
Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $314,740,000, to remain available until September
30, 2018: Provided, That of the amount appropriated, not to exceed
$22,930,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $119,800,000, to remain available until September
30, 2018: Provided, That of the amount appropriated, not to exceed
$13,400,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $156,560,000, to
remain available until September 30, 2018: Provided, That of the
amount appropriated, not to exceed $14,212,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $29,000,000, to remain available until September
30, 2018: Provided, That of the amount appropriated, not to exceed
$2,540,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $45,659,000, to
remain available until September 30, 2018: Provided, That of the
amount appropriated, not to exceed $2,229,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $199,700,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $27,408,000, to remain available
until September 30, 2018.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $512,871,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $73,407,000, to remain
available until September 30, 2018.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $379,444,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $76,360,000, to remain available
until September 30, 2018.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $388,598,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $55,845,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,780,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law,
$122,536,000, to remain available until September 30, 2018, which shall
be only for the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), as amended by section
2711 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239), $451,357,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 121. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 123. None of the funds made available in this title, or in
any Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a
continuing mission or function at that installation or a new mission or
function that is planned for that installation, or unless the Secretary
of Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary of
Defense may not transfer funds made available as a result of this
limitation from any military construction project, land acquisition, or
family housing project to another account or use such funds for another
purpose or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within 7 days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 125. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and Army
contractor personnel employed exceeds 10 percent of the total
number of members of the regular and reserve components of the Army
assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 126. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 127. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 128. None of the funds appropriated or otherwise made
available by this Act may be used for decommissioning the Combined Heat
and Power Plant at Clear Air Force Station, Alaska, until the
Comptroller General of the United States conducts a review of the data
used by the Department of Defense, including data in the Environmental
Impact Statement and Fiscal Year 2010 Feasibility Study, to determine
whether decommissioning the Combined Heat and Power Plant is the most
cost-effective and beneficial option for the day-to-day operations and
missions at the installation in support of United States national
security.
Sec. 129. Notwithstanding section 116, the Secretary of Army may
obligate from any available military construction funds such additional
funds that the Secretary determines are necessary to complete the
Explosive Research and Development Loading Facility, Picatinny Arsenal,
New Jersey.
(including rescission of funds)
Sec. 130. Of the unobligated balances available for ``Military
Construction, Army'', from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $200,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for ``Military
Construction, Navy and Marine Corps'', from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $12,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 132. Of the unobligated balances available for ``Military
Construction, Air Force'', from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $39,700,000 are hereby rescinded.
(including rescission of funds)
Sec. 133. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriations Acts (other
than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $14,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 134. Of the unobligated balances available for ``Military
Construction, Air National Guard'', from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $14,200,000 are hereby rescinded.
(including rescission of funds)
Sec. 135. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374) (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism
or as an emergency requirement), $99,949,000 are hereby rescinded.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$71,476,104,000, to remain available until expended: Provided, That
not to exceed $17,049,000 of the amount appropriated under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for
the payment of benefits under the Veterans Retraining Assistance
Program, $13,135,898,000, to remain available until expended:
Provided, That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
subsection (a) of section 3104 of title 38, United States Code, other
than under paragraphs (1), (2), (5), and (11) of that subsection, shall
be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $77,567,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2014, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $158,430,000.
vocational rehabilitation loans program account
For the cost of direct loans, $5,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,500,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $354,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,109,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $40,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2013; and, in addition, $45,015,527,000, plus reimbursements, shall
become available on October 1, 2014, and shall remain available until
September 30, 2015: Provided, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a priority
for the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall give priority funding for the provision of
basic medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs may authorize the dispensing
of prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$5,879,700,000, plus reimbursements, shall become available on October
1, 2014, and shall remain available until September 30, 2015.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $85,000,000 which shall be in
addition to funds previously appropriated under this heading that
became available on October 1, 2013; and, in addition, $4,739,000,000,
plus reimbursements, shall become available on October 1, 2014, and
shall remain available until September 30, 2015.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $585,664,000, plus reimbursements, shall
remain available until September 30, 2015.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,000,000, of which not to exceed
$25,000,000 shall remain available until September 30, 2015.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $415,885,000, of which not to exceed
$20,151,000 shall remain available until September 30, 2015: Provided,
That the Board of Veterans Appeals shall be funded at not less than
$88,294,000: Provided further, That funds provided under this heading
may be transferred to ``General Operating Expenses, Veterans Benefits
Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,465,490,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That of the funds
made available under this heading, not to exceed $123,000,000 shall
remain available until September 30, 2015.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,703,344,000, plus reimbursements: Provided, That $1,026,400,000
shall be for pay and associated costs, of which not to exceed
$30,792,000 shall remain available until September 30, 2015: Provided
further, That $2,181,653,000 shall be for operations and maintenance,
of which not to exceed $151,316,000 shall remain available until
September 30, 2015: Provided further, That $495,291,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2015:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts
made available for the ``Information Technology Systems'' account for
development, modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to develop a
standard data reference terminology model: Provided further, That of
the funds provided for information technology systems development,
modernization, and enhancement for VistA Evolution, not more than 25
percent may be obligated until the Secretary of the Department of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a plan for expenditure
that: (1) defines the budget and cost for full operating capability and
the total life cycle cost of the project; (2) identifies the deployment
timeline, including benchmarks, for full operating capability; (3)
describes how VistA Evolution will adhere to data standardization as
defined by the Interagency Program Office and how testing will be
conducted in order to ensure interoperability between current and
future Department of Veterans Affairs and Department of Defense
electronic health record systems; (4) has been submitted to the
Government Accountability Office for review; and (5) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government: Provided further, That
the funds made available under this heading for information technology
systems development, modernization, and enhancement, shall be for the
projects, and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $121,411,000, of which
$10,000,000 shall remain available until September 30, 2015: Provided,
That the Office of Inspector General, in coordination with the
Department of Defense's Office of Inspector General, shall examine the
process and procedures currently in place in the transmission of
service treatment and personnel records from the Department of Defense
to the Department of Veterans Affairs.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $342,130,000, of which
$322,130,000 shall remain available until September 30, 2018, and of
which $20,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2014, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2014; and (2) by the
awarding of a construction contract by September 30, 2015: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$714,870,000, to remain available until September 30, 2018, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2014 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2014, in this Act or any other Act, under the
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical Services'' and ``Medical
Support and Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'' and ``Construction,
Minor Projects'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2013.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2014, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2014 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2014 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$42,904,000 for the Office of Resolution Management and $3,360,000 for
the Office of Employment Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the Secretary submits a
report which the Committees on Appropriations of both Houses of
Congress approve within 30 days following the date on which the report
is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical Services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'', ``General
Operating Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2014 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2014, in this Act or any other Act,
under the ``Medical Facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2014 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $254,257,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United States
Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in division E of Public Law
113-6, the following amounts which became available on October 1, 2013,
are hereby rescinded from the following accounts in the amounts
specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $150,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2015:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of the Department of Veterans Affairs
shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total
at least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed amount:
Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use
of such savings.
Sec. 228. The scope of work for a project included in
``Construction, Major Projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 229. The Secretary of the Department of Veterans Affairs
shall provide on a quarterly basis to the Committees on Appropriations
of both Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000.
Sec. 230. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days; (3) error rates; (4) the number of claims
personnel; (5) any corrective action taken within the quarter to
address poor performance; (6) training programs undertaken; and (7) the
number and results of Quality Review Team audits: Provided, That each
quarterly report shall be submitted no later than 30 days after the end
of the respective quarter.
Sec. 231. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming request if at
any point during fiscal year 2014, the funding allocated for a medical
care initiative identified in the fiscal year 2014 expenditure plan is
adjusted by more than $25,000,000 from the allocation shown in the
corresponding congressional budget justification. Such a reprogramming
request may go forward only if the Committees on Appropriations of both
Houses of Congress approve the request or if a period of 14 days has
elapsed.
Sec. 232. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2014 for ``Medical Services'' and ``Medical
Support and Compliance'', a maximum of $1,139,000 may be obligated from
the ``Medical Services'' account and a maximum of $69,804,000 may be
obligated from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability projects:
Provided, That funds in addition to these amounts may be obligated for
the VistA Evolution and electronic health record interoperability
projects upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
Sec. 233. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
(including rescission of funds)
Sec. 234. Of the unobligated balances available to the Department
of Veterans Affairs from prior year discretionary appropriations (other
than appropriations designated by law as being for an emergency
requirement) $182,000,000 are hereby rescinded.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $63,200,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,408,000: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $65,800,000, of
which not to exceed $7,000,000 shall remain available until September
30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,800,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 404. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 405. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 408. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 409. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 410. None of the funds made available in this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries or successors.
Sec. 411. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 413. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 414. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 415. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2014''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,605,701,000, of which
$710,000,000 may remain available until September 30, 2015, and of
which up to $1,867,251,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, $2,360,312,000, of which not less than
$131,713,000 shall be available only for public diplomacy American
salaries, and up to $255,866,000 is for Worldwide Security
Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,760,255,000, of which not less than
$369,589,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$769,534,000.
(4) Security programs.--For necessary expenses for security
activities, $1,715,600,000, of which up to $1,611,385,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $520,150, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act, funds may be
reprogrammed within and between paragraphs (1) through (4)
under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to 31 U.S.C. 1108(g), for
the field examination of programs and activities in the United
States funded from any account contained in this title.
(D) Of the funds appropriated under this heading, up to
$34,000,000, to remain available until expended, may be
transferred to, and merged with, funds previously made
available under the heading ``Conflict Stabilization
Operations'' in title I of prior acts making appropriations for
the Department of State, foreign operations, and related
programs.
(E) None of the funds appropriated under this heading may
be used for the preservation of religious sites unless the
Secretary of State determines and reports to the Committees on
Appropriations that such sites are historically, artistically,
or culturally significant, that the purpose of the project is
neither to advance nor to inhibit the free exercise of
religion, and that the project is in the national interest of
the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $76,900,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$69,406,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$10,400,000 may remain available until September 30, 2015.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $560,000,000, to remain available until expended:
Provided, That fees or other payments received from or in connection
with English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That
not later than 45 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on Appropriations
detailing modifications made to existing educational and cultural
exchange programs since calendar year 2011, including for special
academic and special professional and cultural exchanges: Provided
further, That any further modifications to such programs shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,300,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$28,200,000, to remain available until September 30, 2015.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $785,351,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as
authorized: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture, furnishings,
or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,614,000,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2014.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,242,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,537,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,690,000.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,221,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,265,762,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That the Secretary of State shall report to the Committees on
Appropriations any credits available to the United States, including
from the United Nations Tax Equalization Fund (TEF), and provide
updated fiscal year 2015 assessment costs including offsets from
available TEF credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any payment of arrearages under
this heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,765,519,000, of
which 15 percent shall remain available until September 30, 2015:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has in place measures to prevent
United Nations employees, contractor personnel, and peacekeeping troops
serving in the mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of illegal sexual exploitation or
other violations of human rights, and to bring to justice individuals
who engage in such acts while participating in the peacekeeping
mission, including prosecution in their home countries of such
individuals in connection with such acts, and to make information about
such cases publicly available in the country where an alleged crime
occurs and on the United Nations' Web site; and (3) pursuant to section
7015 of this Act and the procedures therein followed, of the source of
funds that will be used to pay the cost of the new or expanded mission:
Provided further, That funds shall be available for peacekeeping
expenses unless the Secretary of State determines that American
manufacturers and suppliers are not being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That the Secretary of
State shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human rights:
Provided further, That none of the funds appropriated or otherwise made
available under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed Forces under
the command or operational control of a foreign national, unless the
President's military advisors have submitted to the President a
recommendation that such involvement is in the national interests of
the United States and the President has submitted to the Congress such
a recommendation: Provided further, That the Secretary of State shall
report to the Committees on Appropriations any credits available to the
United States, including those resulting from United Nations
peacekeeping missions or the United Nations Tax Equalization Fund:
Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That notwithstanding any other
provision of law, funds appropriated or otherwise made available under
this heading shall be available for United States assessed
contributions up to the amount specified in Annex IV accompanying
United Nations General Assembly Resolution 64/220: Provided further,
That such funds may be made available above the amount authorized in
section 404(b)(2)(B) of the Foreign Relations Authorization Act, fiscal
years 1994 and 1995 (22 U.S.C. 287e note) only if the Secretary of
State determines and reports to the appropriate congressional
committees that it is important to the national interest of the United
States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $44,000,000.
construction
For detailed plan preparation and construction of authorized
projects, $33,438,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$12,499,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $35,980,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio
and television broadcasting to the Middle East, $721,080,000:
Provided, That up to $41,734,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $25,500,000 shall
be available to expand unrestricted access to programs funded under
this heading and other information on the Internet through the
development and use of circumvention and secure communication
technologies: Provided further, That of the total amount appropriated
under this heading, not to exceed $35,000 may be used for
representation expenses, of which $10,000 may be used for
representation expenses within the United States as authorized, and not
to exceed $30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the authority provided by
section 504(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect
through September 30, 2014: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $2,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio, television, and digital transmission and reception, and
purchase and installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized, $8,000,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $30,984,000, to
remain available until September 30, 2015, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2014, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2014, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2014, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That none of the funds appropriated herein
shall be used to pay any salary, or enter into any contract providing
for the payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act, $135,000,000, to remain available until expended, of
which $100,000,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $35,000,000 shall be for
democracy, human rights, and rule of law programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $690,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292), as
amended, $3,500,000, including not more than $4,000 for representation
expenses: Provided, That if the United States Commission on
International Religious Freedom is authorized beyond September 30,
2014, this amount will remain available until September 30, 2015.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,579,000,
including not more than $4,000 for representation expenses, to remain
available until September 30, 2015.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2015.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2015:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in effect
during fiscal year 2014 and shall apply to funds appropriated under
this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,059,229,000, of which
$158,900,000 may remain available until September 30, 2015: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development (USAID), unless the
USAID Administrator has identified such proposed use of funds in a
report submitted to the Committees on Appropriations at least 15 days
prior to the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, for USAID during
the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $117,940,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That not later than 180
days after enactment of this Act, the Administrator of the United
States Agency for International Development, in consultation with the
Secretary of State, shall submit a strategy to eliminate redundant
services and operations at diplomatic facilities abroad, including
information technology systems, communications systems, and motor pool:
Provided further, That funds appropriated under this heading shall be
available for obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $45,000,000, of which $6,750,000
may remain available until September 30, 2015, for the Office of
Inspector General of the United States Agency for International
Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,769,450,000, to remain available until September 30, 2015,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That funds appropriated under
this paragraph may be made available for a United States contribution
to the GAVI Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made not later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2018, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,650,000,000: Provided further, That up to 5 percent of
the aggregate amount of funds made available to the Global Fund in
fiscal year 2014 may be made available to USAID for technical
assistance related to the activities of the Global Fund: Provided
further, That the annual report required by section 104(A)(f) of the
Foreign Assistance Act of 1961 shall also be submitted hereafter to the
Committees on Appropriations: Provided further, That funds
appropriated under this paragraph shall be made available for a
challenge grant pilot program: Provided further, That of the funds
appropriated under this paragraph, up to $14,250,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the United
States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $2,507,001,000, to remain
available until September 30, 2015: Provided, That of the funds
appropriated under this heading, not less than $23,000,000 shall be
made available for the American Schools and Hospitals Abroad program,
and not less than $10,000,000 shall be made available for cooperative
development programs of the United States Agency for International
Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $876,828,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development
(USAID), pursuant to section 491 of the Foreign Assistance Act of 1961,
$48,177,000, to remain available until expended, to support transition
to democracy and long-term development for countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That USAID shall submit a report to the
Committees on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interests of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
complex crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $20,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise made
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development (USAID), as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act: Provided,
That funds provided under this paragraph and funds provided as a gift
that are used for purposes of this paragraph pursuant to section 635(d)
of the Foreign Assistance Act of 1961 shall be made available only for
micro- and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single country shall
not exceed $300,000,000: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,041,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2016.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,982,967,000, to
remain available until September 30, 2015.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$130,500,000, to remain available until September 30, 2015, of which
$70,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights, and Labor, Department of
State, and $60,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $1,774,645,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements: Provided, That $15,000,000 of the
funds appropriated under this heading in this Act, or in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, shall be made available for refugees resettling
in Israel: Provided further, That no amounts in the previous proviso
may be made available from amounts that were designated by Congress as
an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $379,000,000, of which $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2015: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
22 U.S.C. 2515, an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided further, That any
decision to open, close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (MCA), $898,200,000, to remain
available until expended: Provided, That of the funds appropriated
under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation (the
Corporation): Provided further, That up to 5 percent of the funds
appropriated under this heading may be made available to carry out the
purposes of section 616 of the MCA for fiscal year 2014: Provided
further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That the Chief Executive Officer of the Corporation
shall notify the Committees on Appropriations not later than 15 days
prior to commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold program:
Provided further, That funds appropriated under this heading by this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold program
after such country has completed a country compact: Provided further,
That any funds that are deobligated from a Millennium Challenge Compact
shall be subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided further,
That notwithstanding section 606(a)(2) of the MCA, a country shall be a
candidate country for purposes of eligibility for assistance for the
fiscal year if the country has a per capita income equal to or below
the World Bank's lower middle income country threshold for the fiscal
year and is among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year
if the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year and is
not among the 75 lowest per capita income countries as identified by
the World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That any Millennium
Challenge Corporation candidate country under section 606 of the MCA
with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower
middle income country or from a lower middle income country to a low
income country shall retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent fiscal years:
Provided further, That publication in the Federal Register of a notice
of availability of a copy of a Compact on the Millennium Challenge
Corporation Web site shall be deemed to satisfy the requirements of
section 610(b)(2) of the MCA for such Compact: Provided further, That
none of the funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be available for a threshold program in a
country that is not currently a candidate country: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2015, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That section 503(a) of the African Development Foundation Act
(Public Law 96-533; 22 U.S.C. 290h-1(a)) is hereby amended by inserting
``United States'' before ``African Development'': Provided further,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by up to
10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $23,500,000, to remain available
until September 30, 2016, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,005,610,000, to remain available until
September 30, 2015: Provided, That the provision of assistance by any
other United States Government department or agency which is comparable
to assistance made available under this heading but which is provided
under any other provision of law, shall be administered in accordance
with the provisions of sections 481(b) and 622(c) of the Foreign
Assistance Act of 1961: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be made
available to combat piracy of United States copyright materials,
consistent with the requirements of section 688(a) and (b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161): Provided
further, That the reporting requirements contained in section 1404 of
Public Law 110-252 shall apply to funds made available by this Act,
including a description of modifications, if any, to the Palestinian
Authority's security strategy: Provided further, That of the funds
appropriated under this heading, $5,000,000 shall be made available, on
a competitive basis, for rule of law programs for transitional and
post-conflict states, and for activities to coordinate rule of law
programs among foreign governments, international and nongovernmental
organizations, and other United States Government agencies: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: Provided further, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of providing
such property to a foreign country or international organization under
chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available for the
International Police Peacekeeping Operations Support Program shall only
be made available on a cost-matching basis from sources other than the
United States Government, to the maximum extent practicable: Provided
further, That section 482(b) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated under this heading, except that
any funds made available notwithstanding such section shall be subject
to the regular notification procedures of the Committees on
Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $630,000,000, to remain
available until September 30, 2015, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That for the clearance of unexploded ordnance,
the Secretary of State should prioritize those areas where such
ordnance was caused by the United States: Provided further, That funds
made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision
of law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons destruction, and shall remain
available until expended: Provided further, That such funds may also
be used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is in the
national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $235,600,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $36,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai, of which of up to $8,000,000
may be made available to address force protection requirements:
Provided further, That funds appropriated under this Act should not be
used to support any military training or operations that include child
soldiers: Provided further, That the Secretary of State shall consult
with the Committees on Appropriations prior to the obligation of funds
made available under this heading for the Global Peacekeeping
Operations Initiative: Provided further, That none of the funds
appropriated under this heading shall be obligated except as provided
through the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $105,573,000, of which up to
$4,000,000 may remain available until September 30, 2015, and may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided, That the civilian personnel
for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights:
Provided further, That of the funds appropriated under this heading,
not to exceed $55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,389,280,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and funds are available for assistance for Jordan and
Egypt subject to section 7041 of this Act: Provided further, That the
funds appropriated under this heading for assistance for Israel shall
be disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That none of the funds made available
under this heading shall be made available to support or continue any
program initially funded under the authority of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456) unless the Secretary of State, in coordination
with the Secretary of Defense, has justified such program to the
Committees on Appropriations: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not more
than $60,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not
to exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That not more than $885,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2014
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $344,020,000, of
which up to $10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention on Climate
Change: Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations Democracy
Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $143,750,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,355,000,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$186,957,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the Secretary
of the Treasury, $184,630,000, to remain available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $49,900,000, to remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $133,000,000, to remain available until
expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $102,000,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $6,298,000, to remain
available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $106,586,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $109,854,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $176,336,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,100,000, to remain available until September 30, 2015.
program account
The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the
program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That not less than 20 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
should be used to finance exports directly by small business concerns
(as defined under section 3 of the Small Business Act): Provided
further, That not less than 10 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
should be used for renewable energy technologies or energy efficiency
technologies: Provided further, That notwithstanding section 1(c) of
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law
103-428 shall remain in effect through October 1, 2014.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $115,500,000, of which $10,500,000
shall remain available until expended and shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided, That the Export-Import Bank (the Bank) may accept, and use,
payment or services provided by transaction participants for legal,
financial, or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until September 30, 2014: Provided
further, That the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee basis, but
not including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of pledged
collateral or other assets acquired by the Bank in satisfaction of
moneys owed the Bank, or the investigation or appraisal of any
property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That, in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2014 in
excess of obligations, up to $10,000,000, shall become available on
September 1, 2014, and shall remain available until September 30, 2017.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $62,574,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $27,371,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2014, 2015, and 2016:
Provided further, That funds so obligated in fiscal year 2014 remain
available for disbursement through 2022; funds obligated in fiscal year
2015 remain available for disbursement through 2023; and funds
obligated in fiscal year 2016 remain available for disbursement through
2024: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 in Iraq: Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $55,073,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not more than $4,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2014 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113
Stat. 1501A-453), as amended by section 629 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
(c) For the purposes of calculating the fiscal year 2014 costs of
providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the Department of State's contribution for this
purpose.
(d) Funds appropriated by this Act, and any prior Act making
appropriations for the Department of State, foreign operations, and
related programs, which may be made available for the acquisition of
property for diplomatic facilities in Afghanistan, Pakistan, and Iraq,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(e)(1) The limitation and reporting requirement regarding the New
London Embassy contained in section 7004(f) of division I of Public Law
112-74 shall remain in effect during fiscal year 2014.
(2) Funds appropriated or otherwise made available by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, under the heading ``Embassy Security,
Construction, and Maintenance'' may be obligated for the relocation of
the United States Embassy to the Holy See only if the Secretary of
State reports in writing to the Committees on Appropriations that--
(A) the United States Ambassador to the Holy See and embassy
staff will retain their independence from other United States
missions located in Rome, including by maintaining a separate
building with a discrete address and entrance; and
(B) any relocation of the chancery will not increase annual
operating costs, will not result in a reduction in staff, and will
enhance overall security for the United States Embassy to the Holy
See.
(f)(1) Of the funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'', not less than
$25,000,000 shall be made available to address security vulnerabilities
at expeditionary, interim, and temporary facilities abroad, including
physical security upgrades and local guard staffing: Provided, That
the uses of such funds should be the responsibility of the Assistant
Secretary of State for the Bureau of Diplomatic Security and Foreign
Missions, in consultation with the Director of the Bureau of Overseas
Buildings Operations: Provided further, That such funds shall be
subject to prior consultation with the Committees on Appropriations.
(2) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the policies, standards, and
procedures for the construction and operation of expeditionary,
interim, and temporary diplomatic facilities, including any waiver of
security requirements and accommodation of temporary surges in
personnel or programs: Provided, That such report shall include a list
of all expeditionary, interim, and temporary diplomatic facilities and
the number of personnel and security costs for each such facility:
Provided further, That the report required by this paragraph may be
submitted in classified form if necessary.
(3) Notwithstanding any other provision of law, the opening,
closure, or any significant modification to an expeditionary, interim,
or temporary diplomatic facility shall be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations, except
that such consultation and notification may be waived if there is a
security risk to personnel.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such
section, for high risk, high threat posts: Provided, That the
authority in this section shall apply to any options for renewal that
may be exercised under such contracts.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the President determines and certifies to the
Committees on Appropriations that subsequent to the termination of
assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers.
(2) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Broadcasting Board of Governors
under title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 7015(a) and (b) of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2014, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II through V
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to
a transfer made by, or transfer authority provided in, this Act or
any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance Act
of 1961 may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency for
International Development (USAID) or the Department of State with
any department, agency, or instrumentality of the United States
Government pursuant to section 632(b) of the Foreign Assistance Act
of 1961 valued in excess of $1,000,000 and any agreement made
pursuant to section 632(a) of such Act, with funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'', and
``Economic Support Fund'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the Department
of State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds: Provided, That such audits shall be transmitted
to the Committees on Appropriations: Provided further, That funds
transferred under such authority may be made available for the cost of
such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2014, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peacekeeping Operations'', and
``Pakistan Counterinsurgency Capability Fund'' in this Act, or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs: Provided, That such report shall
include a description of the obligation and expenditure of funds, and
the specific country in receipt of, and the use or purpose of, the
assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the heading ``Development Credit
Authority'' shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act: Provided
further, That the Secretary of State shall provide a report to the
Committees on Appropriations at the beginning of each fiscal year,
detailing by account and source year, the use of this authority during
the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2014 on funds
appropriated by this Act by a foreign government or entity against
United States assistance programs for which funds are appropriated by
this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2015 and allocated for the
central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations, not later than
September 30, 2015, that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State reports to the Committees
on Appropriations--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on
Appropriations at least 15 days prior to exercising the authority
of this subsection with regard to any country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States and
the government of the country receiving assistance that describes
the privileges and immunities applicable to United States foreign
assistance for such country generally, or an individual agreement
between the Government of the United States and such government
that describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided under
that agreement;
(2) the term ``taxes and taxation'' shall include value added
taxes and customs duties but shall not include individual income
taxes assessed to local staff or personal services contractors.
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies, shall submit a report to the
Committees on Appropriations, not later than 90 days after the
enactment of this Act, detailing steps taken by such departments or
agencies to comply with the requirements of this section.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of
this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
(USAID) that are specifically designated for particular programs or
activities by this or any other Act shall be extended for an additional
fiscal year if the USAID Administrator determines and reports promptly
to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely
that such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue to
be available for an additional fiscal year shall be obligated only for
the purpose of such designation.
(c) Ceilings and specifically designated funding levels contained
in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) None of the funds made available in titles I and II
of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, closes, reorganizes, or renames bureaus, centers,
or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds: Provided, That unless
previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations of
funds appropriated under titles I and II of this Act for paragraphs
(5) and (6) of this subsection.
(b) None of the funds provided under titles I and II of this Act,
or provided under previous appropriations Acts to the agency or
department funded under titles I and II of this Act that remain
available for obligation or expenditure in fiscal year 2014, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agency or department funded
under title I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, activities, or projects as approved by Congress; unless
the Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) None of the funds made available under titles III through VI of
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Conflict Stabilization Operations'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Millennium Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'', and
``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year.
(d) Notwithstanding any other provision of law, with the exception
of funds transferred to, and merged with, funds appropriated under
title I of this Act, funds transferred by the Department of Defense to
the Department of State and the United States Agency for International
Development for assistance for foreign countries and international
organizations, and funds made available for programs authorized by
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) The requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but in no
event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) None of the funds appropriated under titles III through VI of
this Act shall be obligated or expended for assistance for Afghanistan,
Bahrain, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, the
Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan,
Syria, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles III
through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which
are returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961 or section 7049(a) of this Act, shall remain
available for obligation until September 30, 2015: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act shall be made available
for programs and countries in the amounts contained in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) For the purposes of implementing this section and only with
respect to the tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), the Secretary of State, the Administrator of the United States
Agency for International Development, and the Broadcasting Board of
Governors, as appropriate, may propose deviations to the amounts
referenced in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations.
representation and entertainment expenses
Sec. 7020. (a) Each Federal department, agency, or entity funded in
titles I or II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act, shall take
steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and United
States foreign policy interests and are--
(1) primarily for fostering relations outside of the Executive
Branch;
(2) principally for meals and events of a protocol nature;
(3) not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) None of the funds appropriated or otherwise made available by
this Act under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health Programs'',
``Development Assistance'', and ``Economic Support Fund'' may be
obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made available
by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined supports international terrorism for purposes of section
6(j) of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic Powers Act:
Provided, That the prohibition under this section with respect to
a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal military
equipment provided under a contract entered into after October 1,
1997.
(2) Assistance restricted by paragraph (1) or any other similar
provision of law, may be furnished if the President determines that
to do so is important to the national interests of the United
States.
(3) Whenever the President makes a determination pursuant to
paragraph (2), the President shall submit to the Committees on
Appropriations a report with respect to the furnishing of such
assistance, including a detailed explanation of the assistance to
be provided, the estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States national
interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles III
through VI of this Act and funds appropriated under any such title
in prior Acts making appropriations for the Department of State,
foreign operations, and related programs, shall not be made
available to any foreign government which the President
determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(2) The President may waive the application of paragraph (1) to
a government if the President determines that national security or
humanitarian reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall notify
the Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular
notification procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'' and ``Foreign Military Financing Program'', ``program, project,
and activity'' shall also be considered to include country, regional,
and central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to the Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations within
30 days of the enactment of this Act, as required by section 653(a)
of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit American
producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) The Secretary of the Treasury shall instruct the United States
executive directors of the international financial institutions, as
defined in section 7029(g) of this Act, to use the voice and vote of
the United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part II
of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the
Administrator of the United States Agency for International
Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such report
shall include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country shall
be required to maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961: Provided, That before using the authority of this
subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification procedures
of those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2014, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480): Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development (USAID) may only
be made available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) In addition to the requirements of paragraph (1), the USAID
Administrator shall report, on a semi-annual basis, to the appropriate
congressional committees on all awards subject to limited or no
competition for local entities: Provided, That such report should be
posted on the USAID Web site: Provided further, That the requirements
of this subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of $2,000,000.
(c) Section 7077 of division I of Public Law 112-74 shall continue
in effect during fiscal year 2014: Provided, That subsection (b) of
such section is amended in subsection (b)(3) by striking ``either'' and
in subsection (b)(3)(A) by striking ``or'' after the semicolon and
replacing in lieu thereof ``and''.
international financial institutions
Sec. 7029. (a) None of the funds appropriated under title V of this
Act should be made as payment to any international financial
institution unless the Secretary of the Treasury certifies to the
Committees on Appropriations that such institution has a policy and
practice of requiring independent, outside evaluations of each project
and program loan or grant and significant analytical, non-lending
activity, and the impact of such loan, grant, or activity on achieving
the institution's goals, including reducing poverty and promoting
equitable economic growth, consistent with effective safeguards.
(b) None of the funds appropriated under title V of this Act may be
made as payment to any international financial institution while the
United States executive director to such institution is compensated by
the institution at a rate which, together with whatever compensation
such executive director receives from the United States, is in excess
of the rate provided for an individual occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United States
Code, or while any alternate United States executive director to such
institution is compensated by the institution at a rate in excess of
the rate provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United States
Code.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to
oppose any loan, grant, strategy, or policy of such institution that
would require user fees or service charges on poor people for primary
education or primary healthcare, including maternal and child health,
and the prevention, care and treatment of HIV/AIDS, malaria, and
tuberculosis in connection with such institution's financing programs.
(d) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to use the
voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the IMF to
a Heavily Indebted Poor Country that imposes budget caps or restraints
that do not allow the maintenance of or an increase in governmental
spending on healthcare or education; and to promote government spending
on healthcare, education, agriculture and food security, or other
critical safety net programs in all of the IMF's activities with
respect to Heavily Indebted Poor Countries.
(e) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to seek
to ensure that each such institution responds to the findings and
recommendations of its accountability mechanisms by providing just
compensation or other appropriate redress to individuals and
communities that suffer violations of human rights, including forced
displacement, resulting from any loan, grant, strategy or policy of
such institution.
(f) The Secretary of the Treasury shall direct the United States
executive directors of the World Bank and the Inter-American
Development Bank to report to the Committees on Appropriations not
later than 30 days after enactment of this Act and every 90 days
thereafter until September 30, 2014, on the steps being taken by such
institutions to support implementation of the April 2010 Reparations
Plan for Damages Suffered by the Communities Affected by the
Construction of the Chixoy Hydroelectric Dam in Guatemala.
(g) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation, the North
American Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African Development
Fund.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Funds appropriated by this Act may be made available for
direct government-to-government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed; and
(i) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial, and
management capabilities;
(ii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iii) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(iv) no level of acceptable fraud is assumed; and
(v) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act;
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear and
achievable objectives for the use of such assistance, which
should be made available on a cost-reimbursable basis; and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedom of association and
assembly.
(2) In addition to the requirements in subsection (a), no funds
may be made available for direct government-to-government
assistance without prior consultation with, and notification of,
the Committees on Appropriations: Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000 and
all funds available for cash transfer, budget support, and cash
payments to individuals.
(3) The Administrator of the United States Agency for
International Development (USAID) or the Secretary of State, as
appropriate, shall suspend any direct government-to-government
assistance if the Administrator or the Secretary has credible
information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification, or
that such misuse has been appropriately addressed.
(4) The Secretary of State shall submit to the Committees on
Appropriations, concurrent with the fiscal year 2015 congressional
budget justification materials, amounts planned for assistance
described in subsection (a) by country, proposed funding amount,
source of funds, and type of assistance.
(5) Not later than 90 days after the enactment of this Act and
6 months thereafter until September 30, 2014, the USAID
Administrator shall submit to the Committees on Appropriations a
report that--
(A) details all assistance described in subsection (a)
provided during the previous 6-month period by country, funding
amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) None of the funds made available by this Act may be used
for any foreign country for debt service payments owed by any
country to any international financial institution: Provided, That
for purposes of this subsection, the term ``international financial
institution'' has the meaning given the term in section 7029(g) of
this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--Not later
than 90 days after enactment of this Act, the Secretary of State,
in consultation with the heads of other relevant Federal agencies,
shall develop for each government receiving assistance appropriated
by this Act, ``minimum requirements of fiscal transparency'' which
shall be updated and strengthened, as appropriate, to reflect best
practices.
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements consistent
with those in subsection (a)(1), and the public disclosure of
national budget documentation (to include receipts and expenditures
by ministry) and government contracts and licenses for natural
resource extraction (to include bidding and concession allocation
practices).
(3) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after enactment of this Act, shall make a determination of
``significant progress'' or ``no significant progress'' in meeting
the minimum requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State's Web
site: Provided, That the Secretary shall identify the significant
progress made by each such government to publicly disclose national
budget documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and include
specific recommendations of short- and long-term steps such
government should take to improve fiscal transparency: Provided
further, That the annual report shall include a detailed
description of how funds appropriated by this Act are being used to
improve fiscal transparency, and identify benchmarks for measuring
progress.
(4) Assistance.--Of the funds appropriated under title III of
this Act, not less than $10,000,000 should be made available for
programs and activities to assist governments identified pursuant
to paragraph (1) to improve budget transparency and to support
civil society organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes: Provided
further, That a description of the uses of such funds shall be
included in the annual ``Fiscal Transparency Report'' required by
paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1) Officials of foreign governments and their immediate family
members who the Secretary of State has credible information have
been involved in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry into the
United States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law enforcement
objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement:
Provided, That nothing in paragraph (1) shall be construed to
derogate from United States Government obligations under applicable
international agreements.
(3) The Secretary may waive the application of paragraph (1) if
the Secretary determines that the waiver would serve a compelling
national interest or that the circumstances which caused the
individual to be ineligible have changed sufficiently.
(4) Not later than 6 months after enactment of this Act, the
Secretary of State shall submit a report, including a classified
annex if necessary, to the Committees on Appropriations describing
the information relating to corruption or violation of human rights
concerning each of the individuals found ineligible in the previous
12 months pursuant to paragraph (1), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) Any unclassified portion of the report required under
paragraph (4) shall be posted on the Department of State's Web
site, without regard to the requirements of section 222(f) of the
Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
(d) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and III may be made available to support the provision
of additional information on United States Government foreign
assistance on the Department of State's foreign assistance Web site:
Provided, That all Federal agencies funded under this Act shall provide
such information on foreign assistance, upon request, to the Department
of State.
democracy programs
Sec. 7032. (a) Of the funds appropriated by this Act, not less than
$2,849,555,000 should be made available for democracy programs, as
defined in subsection (c).
(b) Funds made available by this Act for democracy programs may be
made available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any regulation.
(c)(1) For purposes of funds appropriated by this Act, the term
``democracy programs'' means programs that support good governance,
credible and competitive elections, freedom of expression, association,
assembly, and religion, human rights, labor rights, independent media,
and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development
of democratic states, and institutions that are responsive and
accountable to citizens.
(2) For purposes of funds appropriated under title III of this Act,
the term ``democracy programs'' shall also include programs to rescue
scholars, and fellowships, scholarships, and exchanges in the Middle
East and North Africa region for academic professionals and university
students from countries in such region, subject to the regular
notification procedures of the Committees on Appropriations.
(d) With respect to the provision of assistance for democracy,
human rights, and governance activities in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development (USAID), shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(e) The Secretary of State shall submit to the Committees on
Appropriations a strategy for the promotion of democracy in each
country that receives funds appropriated by this Act in title III and
that is important to the security interests of the United States, but
whose central government does not govern justly or in accordance with
the rule of law: Provided, That such strategy shall include support
for institutions and individuals within such government that
demonstrate a commitment to democratic principles.
(f) Funds appropriated by this Act that are made available for
democracy programs shall be made available to support freedom of
religion, including in the Middle East and North Africa.
(g) Any funds made available by this Act for a business and human
rights program in the People's Republic of China shall be made
available on a cost-matching basis from sources other than the United
States Government.
(h) The Bureau of Democracy, Human Rights, and Labor, Department of
State (DRL) and the Bureau for Democracy, Conflict and Humanitarian
Assistance, USAID, shall regularly communicate their planned programs
to the NED.
(i) Funds appropriated by this Act under the heading ``Democracy
Fund'' that are made available to DRL shall be made available to
establish and maintain a database of prisons and gulags in North Korea,
including a list of political prisoners, and such database shall be
regularly updated and made publicly available on the Internet, as
appropriate.
multi-year pledges
Sec. 7033. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the Department
of State, foreign operations, and related programs or previously
authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days
in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, may be
made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(d) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', ``Complex Crises Fund'', and
``Transition Initiatives'' may be made available to support programs to
disarm, demobilize, and reintegrate into civilian society former
members of foreign terrorist organizations: Provided, That the
Secretary of State shall consult with the Committees on Appropriations
prior to the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection the term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(e) Research and Training.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' may be made available to carry
out the Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
4501-4508).
(f) Partner Vetting.--Funds appropriated in this Act or any prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be used by the Secretary of
State and the USAID Administrator, as appropriate, to support the
continued implementation of the Partner Vetting System (PVS) pilot
program: Provided, That the Secretary of State and the USAID
Administrator shall jointly submit a report to the Committees on
Appropriations, not later than 30 days after completion of the pilot
program, on the estimated timeline and criteria for evaluating the PVS
for expansion: Provided further, That such report shall include the
requirements under this subsection in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That such report may be delivered
in classified form, if necessary.
(g) Contingencies.--During fiscal year 2014, the President may use
up to $100,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State may
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Reports Repealed.--Section 585 in the matter under section
101(c) of Division A of Public Law 104-208, Omnibus Consolidated
Appropriations Act, 1997; and subsection (g)(3) of section 7081 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (Division F of Public Law 111-117) are hereby
repealed.
(j) Transfers for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under the heading ``Protection
of Foreign Missions and Officials'' unobligated balances of expired
funds appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2014, except for funds 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, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall
implement section 203(a)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
Provided, That in determining whether to suspend the issuance of A-3 or
G-5 visas under such section, the Secretary should consider the
following as ``credible evidence'': (1) a final court judgment
(including a default judgment) issued against a current or former
employee of such mission or organization (for which the time period for
appeal has expired); (2) the issuance of a T-visa to the victim; or (3)
a request by the Department of State to the sending state that immunity
of individual diplomats or family members be waived to permit criminal
prosecution: Provided further, That the Secretary should assist in
obtaining payment of final court judgments awarded to A-3 and G-5 visa
holders, including encouraging the sending states to provide
compensation directly to victims: Provided further, That the Secretary
shall include in the Trafficking in Persons annual report a concise
summary of each trafficking case involving an A-3 or G-5 visa holder
which meets one or more of the items in the first proviso of this
subsection.
(l) Modification of Amendment.--Section 620M of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security Forces) is
amended in subsection (d)(5) by striking everything after ``when'' and
inserting in lieu thereof ``an individual is designated to receive
United States training, equipment, or other types of assistance the
individual's unit is vetted as well as the individual;''.
(m) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September 30,
2014'' for ``September 30, 2010''.
(2) The authority provided by section 301(a)(3) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect for facilities in Afghanistan
through September 30, 2014, except that the notification and
reporting requirements contained in such section shall include the
Committees on Appropriations.
(3) The authority contained in section 1115(d) of Public Law
111-32 shall remain in effect through September 30, 2014.
(4) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting ``September 30,
2014'' for ``October 1, 2010'' in paragraph (2).
(5) Section 61(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
``September 30, 2014'' for ``October 1, 2010'' in paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting ``September 30,
2014'' for ``October 1, 2010'' in subparagraph (B).
(7)(A) Subject to the limitation described in subparagraph (B),
the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904) shall
remain in effect through September 30, 2014.
(B) The authority described in subparagraph (A) may not be used
to pay an eligible member of the Foreign Service (as defined in
section 1113(b) of the Supplemental Appropriations Act, 2009) a
locality-based comparability payment (stated as a percentage) that
exceeds two-thirds of the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such member under section 5304 of title 5, United States
Code, if such member's official duty station were in the District
of Columbia.
(8) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(A) In section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2013'' and
inserting ``2013, and 2014''; and
(ii) in subsection (e), by striking ``2013'' each place
it appears and inserting ``2014''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2013'' and inserting ``2014''.
(9) The authorities provided in section 1015(b) of Public Law
111-212 shall remain in effect through September 30, 2014.
(n) Crowd Control Items.--Funds appropriated by this Act should not
be used for tear gas, small arms, light weapons, ammunition, or other
items for crowd control purposes for foreign security forces that use
excessive force to repress peaceful expression, association, or
assembly in countries undergoing democratic transition.
(o) Extension of Protection for Afghan Allies.--Section 602(b) of
Public Law 111-8 is amended by adding at the end of subsection
602(b)(3)(C):
``(D) Additional fiscal year.--For fiscal year 2014, the
total number of principal aliens who may be provided special
immigrant status under this section may not exceed 3,000,
except that any unused balance of the total number of principal
aliens who may be provided special immigrant status in fiscal
year 2014 may be carried forward and provided through the end
of fiscal year 2015, notwithstanding the provisions of
paragraph (C), except that the one year period during which an
alien must have been employed in accordance with subsection
(b)(2)(A)(ii) shall be the period from October 7, 2001 through
December 31, 2014, and except that the principal alien seeking
special immigrant status under this subparagraph shall apply to
the Chief of Mission in accordance with subsection (b)(2)(D) no
later than September 30, 2014.''.
(p) Department of State Working Capital Fund.--Funds appropriated
by this Act or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
activities and in the amounts allowed in the President's fiscal year
2014 budget: Provided, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the component's
purpose and authorities: Provided further, That the Working Capital
Fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 7015 of
this Act.
(q) Property Management.--Section 585(a) of Public Law 101-513 is
amended by inserting ``and for maintenance'' after ``of that Act''.
(r) Evaluations of Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance funded under
the headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' should be made available for the independent and
systematic collection and reporting of information obtained directly
from beneficiaries of such assistance regarding the quality and utility
of such assistance, for the purpose of maximizing its cost
effectiveness: Provided, That the Department of State and USAID, as
appropriate, shall post summaries of such information on their Web
sites.
(s) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-477) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(t) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of this
Act the term ``appropriate congressional committees'' shall mean
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of this
Act the term ``funds appropriated in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' shall mean funds that remain available for
obligation, and have not expired.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2014, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through VI
of this Act for assistance under the West Bank and Gaza Program may
be made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made available
for obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on the
extent of Palestinian compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may be
used by the Office of Inspector General of the United States Agency
for International Development for audits, inspections, and other
activities in furtherance of the requirements of this subsection:
Provided, That such funds are in addition to funds otherwise
available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds for
the bilateral West Bank and Gaza Program, including all funds provided
as cash transfer assistance, in fiscal year 2014 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Funds made available in this Act for West Bank and Gaza shall
be subject to the regular notification procedures of the Committees on
Appropriations.
(g) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestine
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) In general.--Funds appropriated by this Act that are
available for assistance for the Government of Egypt may only be
made available if the Secretary of State certifies to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--(A) Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', and subject
to paragraph (6) of this subsection, up to $250,000,000 may be made
available for assistance for Egypt, of which not less than
$35,000,000 should be made available for higher education programs
including not less than $10,000,000 for scholarships at not-for-
profit institutions for Egyptian students with high financial need:
Provided, That such funds may also be made available for democracy
programs.
(B) Notwithstanding any provision of law restricting
assistance for Egypt, including paragraph (6) of this
subsection, funds made available under the heading ``Economic
Support Fund'' in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs for assistance for Egypt may be made available for
education and economic growth programs, subject to prior
consultation with the appropriate congressional committees:
Provided, That such funds may not be made available for cash
transfer assistance or budget support unless the Secretary of
State certifies to the appropriate congressional committees
that the Government of Egypt is taking steps to stabilize the
economy and implement economic reforms.
(C) The Secretary of State may reduce the amount of
assistance for the central Government of Egypt under the
heading ``Economic Support Fund'' by an amount the Secretary
determines is equivalent to that expended by the United States
Government for bail, and by nongovernmental organizations for
legal and court fees, associated with democracy-related trials
in Egypt.
(3) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', and subject to paragraph (6) of this
subsection, up to $1,300,000,000, to remain available until
September 30, 2015, may be made available for assistance for Egypt
which may be transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation with the
Committees on Appropriations: Provided, That if the Secretary of
State is unable to make the certification in subparagraph (6)(A) or
(B) of this subsection, such funds may be made available at the
minimum rate necessary to continue existing contracts,
notwithstanding any other provision of law restricting assistance
for Egypt and following consultation with the Committees on
Appropriations, except that defense articles and services from such
contracts shall not be delivered until the certification
requirements in subparagraph (6)(A) or (B) of this subsection are
met.
(4) Prior year funds.--Funds appropriated under the headings
``Foreign Military Financing Program'' and ``International Military
Education and Training'' in prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available notwithstanding any provision of law
restricting assistance for Egypt, except that such funds under the
heading ``Foreign Military Financing Program'' shall only be made
available at the minimum rate necessary to continue existing
contracts, and following consultation with the Committees on
Appropriations.
(5) Security exemptions.--Notwithstanding any other provision
of law restricting assistance for Egypt, including paragraphs (3),
(4), and (6) of this subsection, funds made available for
assistance for Egypt in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available for counterterrorism, border
security, and nonproliferation programs in Egypt, and for
development activities in the Sinai.
(6) Fiscal year 2014 funds.--Except as provided in paragraphs
(2), (3) and (5) of this subsection, funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Military Education and Training'', and ``Foreign Military Financing
Program'' for assistance for the Government of Egypt may be made
available notwithstanding any provision of law restricting
assistance for Egypt as follows--
(A) up to $975,000,000 may be made available if the
Secretary of State certifies to the Committees on
Appropriations that the Government of Egypt has held a
constitutional referendum, and is taking steps to support a
democratic transition in Egypt; and
(B) up to $576,800,000 may be made available if the
Secretary of State certifies to the Committees on
Appropriations that the Government of Egypt has held
parliamentary and presidential elections, and that a newly
elected Government of Egypt is taking steps to govern
democratically.
(b) Iran.--The terms and conditions of section 7041(c) in division
I of Public Law 112-74 shall continue in effect during fiscal year 2014
as if part of this Act, except that the date in paragraph (3) shall be
deemed to be ``September 30, 2014''.
(c) Iraq.--
(1) Funds appropriated by this Act for assistance for the
Government of Iraq should be made available to such government to
support international efforts to promote regional stability,
including in Syria.
(2) Funds appropriated by this Act under the heading ``Economic
Support Fund'' for assistance for Iraq shall be made available for
democracy programs, which shall be the responsibility of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor, in consultation with the Chief of Mission.
(3)(A) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees assessing cost effective, operational
alternatives for Consulate Basrah, including closure of the
Consulate and coverage of Basrah from Embassy Baghdad: Provided,
That should the Secretary of State determine that the closure of
Consulate Basrah is a cost effective alternative, funds made
available by this Act under the heading ``Diplomatic and Consular
Programs'' for such diplomatic facility may be transferred to, and
merged with, funds made available by this Act under the heading
``Embassy Security, Construction, and Maintenance'' to increase
security at diplomatic facilities abroad.
(B) Of the funds appropriated under title I of this Act that
are made available for the costs of operations at Embassy Baghdad,
10 percent may not be obligated until the Secretary of State
reports to the Committees on Appropriations on all active
diplomatic facility construction projects in Iraq since October 1,
2011, including the status of each project, the amount obligated
and expended for each project, the savings from completed or
terminated projects, and how such savings were reprogrammed:
Provided, That none of the funds appropriated by title I of this
Act may be made available for construction, rehabilitation, or
other improvements to facilities in Iraq on property for which no
land-use agreement has been entered into by the Governments of the
United States and Iraq: Provided further, That the restrictions in
this subparagraph shall not apply if such funds are necessary to
protect United States Government facilities or the security,
health, and welfare of United States personnel.
(d) Jordan.--Of the funds appropriated by this Act for assistance
for Jordan--
(1) not less than $360,000,000 shall be made available under
the heading ``Economic Support Fund'' and not less than
$300,000,000 shall be made available under the heading ``Foreign
Military Financing Program''; and
(2) from amounts made available under title VIII designated for
Overseas Contingency Operations/Global War on Terrorism, not less
than $340,000,000 above the levels included in the Memorandum of
Understanding between the United States and Jordan shall be made
available for the extraordinary costs related to instability in the
region, including for security requirements along the border with
Iraq.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may be made
available for the Lebanese Armed Forces (LAF) if the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act.
(2) Funds appropriated by this Act under the heading ``Foreign
Military Financing Program'' for assistance for Lebanon may be made
available only to professionalize the LAF and to strengthen border
security and combat terrorism, including training and equipping the
LAF to secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist groups,
and to implement United Nations Security Council Resolution 1701:
Provided, That funds may not be made available for obligation for
assistance for the LAF until the Secretary of State submits a
detailed spend plan, including actions to be taken to ensure that
equipment provided to the LAF is used only for the intended
purposes, to the Committees on Appropriations, except such plan may
not be considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later than
September 1, 2014: Provided further, That any notification
submitted pursuant to section 634A of the Foreign Assistance Act of
1961 or section 7015 of this Act shall include any funds
specifically intended for lethal military equipment.
(3) Funds appropriated by this Act under the heading ``Economic
Support Fund'' for assistance for Lebanon may be made available
notwithstanding any other provision of law, except for the
provisions of this Act.
(f) Libya.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Libya unless
the Secretary of State reports to the Committees on Appropriations
that such government is cooperating with United States Government
efforts to investigate and bring to justice those responsible for
the attack on United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation in this
paragraph shall not apply to funding made available for the purpose
of protecting United States Government personnel or facilities.
(2) None of the funds appropriated by this Act may be made
available for assistance for Libya for infrastructure projects,
except on a loan basis with terms favorable to the United States,
and only following consultation with the Committees on
Appropriations.
(g) Loan Guarantees and Enterprise Funds.--
(1) Funds appropriated under the heading ``Economic Support
Fund'' in this Act--
(A) may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of loan
guarantees for Tunisia and Jordan, which are authorized to be
provided: Provided, That amounts made available under this
paragraph for the cost of guarantees shall not be considered
``assistance'' for the purposes of provisions of law limiting
assistance to a country; and
(B) may be made available to establish and operate one or
more enterprise funds for Egypt, Tunisia, and Jordan:
Provided, That the first, third and fifth provisos under
section 7041(b) of division I of Public Law 112-74 shall apply
to funds appropriated by this Act under the heading ``Economic
Support Fund'' for an enterprise fund or funds to the same
extent and in the manner as such provision of law applied to
funds made available under such section (except that the clause
excluding subsection (d)(3) of section 201 of the SEED Act
shall not apply): Provided further, That the authority of any
such enterprise fund or funds to provide assistance shall cease
to be effective on December 31, 2024.
(2) Funds made available by this subsection shall be subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(h) Morocco.--Funds appropriated under title III of this Act that
are available for assistance for Morocco should also be available for
assistance for the territory of the Western Sahara: Provided, That the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall submit a
report to the Committees on Appropriations, not later than 90 days
after enactment of this Act, on proposed uses of such assistance.
(i) Syria.--
(1) Funds appropriated under title III of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available
notwithstanding any other provision of law for non-lethal
assistance for programs to address the needs of civilians affected
by conflict in Syria, and for programs that seek to--
(A) establish governance in Syria that is representative,
inclusive, and accountable;
(B) develop and implement political processes that are
democratic, transparent, and adhere to the rule of law;
(C) further the legitimacy of the Syrian opposition through
cross-border programs;
(D) develop civil society and an independent media in
Syria;
(E) promote economic development in Syria;
(F) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations; and
(G) counter extremist ideologies.
(2) Prior to the obligation of funds appropriated by this Act
and made available for assistance for Syria, the Secretary of State
shall take all appropriate steps to ensure that mechanisms are in
place for the adequate monitoring, oversight, and control of such
assistance inside Syria: Provided, That the Secretary of State
shall promptly inform the appropriate congressional committees of
each significant instance in which assistance provided pursuant to
the authority of this subsection has been compromised, to include
the type and amount of assistance affected, a description of the
incident and parties involved, and an explanation of the Department
of State's response.
(3) Funds appropriated by this Act that are made available for
assistance for Syria pursuant to the authority of this subsection
may only be made available after the Secretary of State, in
consultation with the heads of relevant United States Government
agencies, submits, in classified form if necessary, a comprehensive
strategy to the appropriate congressional committees, which shall
include a clear mission statement, achievable objectives and
timelines, and a description of inter-agency and donor coordination
and implementation of such strategy: Provided, That such strategy
shall also include a description of oversight and vetting
procedures to prevent the misuse of funds.
(4) Funds made available pursuant to this subsection may only
be made available following consultation with the appropriate
congressional committees, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(j) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof
outside an agreement negotiated between Israel and the
Palestinians; or
(II) the Palestinians initiate an International
Criminal Court judicially authorized investigation, or
actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the restriction in
paragraph (A) resulting from the application of subparagraph
(A)(i)(I) if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interest of the United States, and submits a report to such
Committees detailing how the waiver and the continuation of
assistance would assist in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Committees on Appropriations that the Palestinians have
not, after the date of enactment of this Act, obtained in the
United Nations or any specialized agency thereof the same
standing as member states or full membership as a state outside
an agreement negotiated between Israel and the Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to subparagraph (i), the
President may waive section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204 under
subparagraph (i) of this paragraph or under previous provisions
of law must expire before the waiver under the preceding
sentence may be exercised.
(iii) Any waiver pursuant to this paragraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(k) Yemen.--None of the funds appropriated by this Act for
assistance for Yemen may be made available for the Armed Forces of
Yemen if such forces are controlled by a foreign terrorist
organization, as designated pursuant to section 219 of the Immigration
and Nationality Act.
africa
Sec. 7042. (a) Central African Republic.--Funds made available by
this Act for assistance for the Central African Republic shall be made
available for reconciliation and peacebuilding programs, including
activities to promote inter-faith dialogue at the national and local
levels, and for programs to prevent crimes against humanity.
(b) Counterterrorism Programs.--
(1) Of the funds appropriated by this Act, not less than
$53,000,000 should be made available for the Trans-Sahara
Counterterrorism Partnership program, and not less than $24,000,000
should be made available for the Partnership for Regional East
Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $10,000,000 shall be made available for
programs to counter extremism in East Africa, in addition to such
sums that may otherwise be made available for such purposes.
(c) Crisis Response.--Notwithstanding any other provision of law,
up to $10,000,000 of the funds appropriated by this Act under the
heading ``Global Health Programs'' for HIV/AIDS activities may be
transferred to, and merged with, funds appropriated under the headings
``Economic Support Fund'' and ``Transition Initiatives'' to respond to
unanticipated crises in Africa, except that funds shall not be
transferred unless the Secretary of State certifies to the Committees
on Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by the
transfer of such funds: Provided, That the authority of this
subsection shall be subject to prior consultation with the Committees
on Appropriations.
(d) Ethiopia.--
(1) Funds appropriated by this Act that are available for
assistance for Ethiopian military and police forces shall not be
made available unless the Secretary of State--
(A) certifies to the Committees on Appropriations that the
Government of Ethiopia is implementing policies to--
(i) protect judicial independence; freedom of
expression, association, assembly, and religion; the right
of political opposition parties, civil society
organizations, and journalists to operate without
harassment or interference; and due process of law; and
(ii) permit access to human rights and humanitarian
organizations to the Somali region of Ethiopia; and
(B) submits a report to the Committees on Appropriations on
the types and amounts of United States training and equipment
proposed to be provided to the Ethiopian military and police
including steps to ensure that such assistance is not provided
to military or police personnel or units that have violated
human rights, and steps taken by the Government of Ethiopia to
investigate and prosecute members of the Ethiopian military and
police who have been credibly alleged to have violated such
rights.
(2) The restriction in paragraph (1) shall not apply to IMET
assistance, assistance to Ethiopian military efforts in support of
international peacekeeping operations, countering regional
terrorism, border security, and for assistance to the Ethiopian
Defense Command and Staff College.
(3) Funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'' that are
available for assistance in the lower Omo and Gambella regions of
Ethiopia shall--
(A) not be used to support activities that directly or
indirectly involve forced evictions;
(B) support initiatives of local communities to improve
their livelihoods; and
(C) be subject to prior consultation with affected
populations.
(4) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose financing for any activities that directly or
indirectly involve forced evictions in Ethiopia.
(e) Expanded International Military Education and Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are made
available for assistance for Angola, Cameroon, Chad, Cote d'Ivoire,
Guinea, Somalia, and Zimbabwe may be made available only for
training related to international peacekeeping operations and
expanded IMET: Provided, That the limitation included in this
paragraph shall not apply to courses that support training in
maritime security.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act may
be made available for assistance for Equatorial Guinea or the
Central African Republic.
(f) Lord's Resistance Army.--Funds appropriated by this Act shall
be made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act (Public
Law 111-172), including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(g) Programs in Africa.--
(1) Of the funds appropriated by this Act under the headings
``Global Health Programs'', ``Complex Crises Fund'', and ``Economic
Support Fund'', not less than $7,000,000 shall be made available
for a pilot program to address health and development challenges in
Africa and promote increased economic opportunities with the United
States.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' and ``International Narcotics Control and
Law Enforcement'', not less than $8,000,000 shall be made available
for a pilot program to address security challenges in Africa.
(3) Funds made available under paragraphs (1) and (2) shall be
programmed in a manner that leverages a United States Government-
wide approach to addressing shared challenges and mutually
beneficial opportunities, and shall be the responsibility of United
States Chiefs of Mission in countries in Africa seeking enhanced
partnerships with the United States in areas of trade, investment,
development, health, and security.
(h) Somalia.--
(1) Funds appropriated by this Act under the heading ``Economic
Support Fund'' that are made available for assistance for Somalia
should be used to promote dialogue and reconciliation between the
central government and Somali regions, and should be provided in an
impartial manner that is based on need and institutional capacity.
(2) None of the funds appropriated by this Act may be made
available for lethal assistance for Somali security forces.
(i) South Africa.--Not later than 90 days after enactment of this
Act, and following consultation with the Government of South Africa,
the Secretary of State shall submit a transition strategy to the
appropriate congressional committees for the President's Emergency Plan
for AIDS Relief in South Africa, including projected trajectories for
levels and types of United States assistance.
(j) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for assistance
for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost of
selling, reducing, or canceling amounts owed to the United States,
and modifying concessional loans, guarantees, and credit
agreements.
(3) The limitations of paragraphs (1) and (2) shall not apply
to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues associated with
the CPA, or any other internationally recognized viable peace
agreement in Sudan.
(k) South Sudan.--
(1) Funds appropriated by this Act may be made available for
assistance for South Sudan, including to promote stability and
reconciliation, prevent and respond to gender-based violence,
promote women's leadership, expand educational opportunities
especially for girls, strengthen democratic institutions and the
rule of law, and enhance the capacity of the Federal Legislative
Assembly to conduct oversight over government processes, revenues,
and expenditures.
(2) Of the funds appropriated by this Act that are available
for assistance for the central Government of South Sudan, 15
percent may not be obligated until the Secretary of State reports
to the Committees on Appropriations that such government is--
(A) implementing policies to support freedom of expression
and association, establish democratic institutions including an
independent judiciary, parliament, and security forces that are
accountable to civilian authority; and
(B) investigating and punishing members of security forces
who have violated human rights.
(3) The Secretary of State shall seek to obtain regular audits
of the financial accounts of the Government of South Sudan to
ensure transparency and accountability of funds, including revenues
from the extraction of oil and gas, and the timely, public
disclosure of such audits: Provided, That the Secretary should
assist the Government of South Sudan in conducting such audits, and
provide technical assistance to enhance the capacity of the
National Auditor Chamber to carry out its responsibilities, and
shall submit a report not later than 90 days after enactment of
this Act to the Committees on Appropriations detailing steps that
will be taken by the Government of South Sudan, which are
additional to those taken in the previous fiscal year, to improve
resource management and ensure transparency and accountability of
funds.
(l) Trafficking in Conflict Minerals, Wildlife, and Other
Contraband.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda unless the Secretary of State
certifies to the Committees on Appropriations that the Government
of Rwanda is taking steps to cease political, military and/or
financial support to armed groups in the Democratic Republic of the
Congo (DRC), including M23, that have violated human rights or are
involved in the illegal exportation of minerals, wildlife, or other
contraband out of the DRC.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out of the
DRC by such groups, to protect humanitarian relief efforts, or to
support the training and deployment of members of the Rwandan
military in international peacekeeping operations, or to conduct
operations against the Lord's Resistance Army.
(m) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of the
International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a timely
manner.
(2) Funds appropriated by this Act may be made available for
assistance for the central government of a country in which
individuals indicted by the ICTR and the SCSL are credibly alleged
to be living, if the Secretary of State determines and reports to
the Committees on Appropriations that such government is
cooperating with the ICTR and the SCSL, including the apprehension,
surrender, and transfer of indictees in a timely manner: Provided,
That this subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to project
assistance under title VI of this Act: Provided further, That the
United States shall use its voice and vote in the United Nations
Security Council to fully support efforts by the ICTR and the SCSL
to bring to justice individuals indicted by such tribunals in a
timely manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the President determines that doing so
is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation of the
government in apprehending and surrendering the indictee in
question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing the
indictee before such court; and
(C) the justification for exercising the waiver authority.
(n) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loans or grants to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy, unless
the Secretary of State determines and reports in writing to the
Committees on Appropriations that the rule of law has been restored
in Zimbabwe, including respect for ownership and title to property,
and freedom of speech and association.
(2) None of the funds appropriated by this Act shall be made
available for assistance for the central Government of Zimbabwe,
except for health and education, unless the Secretary of State
makes the determination required in paragraph (1), and funds may be
made available for macroeconomic growth assistance if the Secretary
reports to the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State, after consultation with the Administrator of
the United States Agency for International Development (USAID), the
Secretary of Defense, and the heads of other relevant Federal
agencies, shall submit to the appropriate congressional committees
an integrated, multi-year planning and budget strategy for a
rebalancing of United States policy in Asia that links United
States interests in the region with the necessary resources and
personnel required for implementation, management and oversight of
such strategy: Provided, That such strategy may be submitted in
classified form if necessary.
(2) Funds appropriated by title III of this Act that are
designated for implementation of the strategy described in
paragraph (1) shall also support the advancement of democracy and
human rights in Asia, including for democratic political parties,
civil society, and groups and individuals seeking to advance
transparency, accountability, and the rule of law: Provided, That
such funds shall also be made available, through an open and
competitive process, to nongovernmental networks and alliances that
seek to promote democracy, human rights, and the rule of law in
Asia.
(3) Funds appropriated by this Act that are designated for the
implementation of the strategy described in paragraph (1) should be
matched, to the maximum extent practicable and as appropriate, by
sources other than the United States Government.
(b) Burma.--
(1) Funds appropriated by this Act under the heading ``Economic
Support Fund'' may be made available for assistance for Burma
notwithstanding any other provision of law: Provided, That no such
funds shall be made available to any successor or affiliated
organization of the State Peace and Development Council (SPDC)
controlled by former SPDC members that promote the repressive
policies of the SPDC, or to any individual or organization credibly
alleged to have committed gross violations of human rights,
including against Rohingyas and other minority Muslim groups:
Provided further, That such funds may be made available for
programs administered by the Office of Transition Initiatives,
USAID, for ethnic groups and civil society in Burma to help sustain
ceasefire agreements and further prospects for reconciliation and
peace, which may include support to representatives of ethnic armed
groups for this purpose.
(2) Funds appropriated under title III of this Act for
assistance for Burma--
(A) may not be made available for budget support for the
Government of Burma;
(B) shall be provided to strengthen civil society
organizations in Burma, including as core support for such
organizations;
(C) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for Burmese
refugees from funds appropriated by this Act under the heading
``Migration and Refugee Assistance''; and
(D) shall be made available for ethnic and religious
reconciliation programs, including in ceasefire areas, as
appropriate, and to address the Rohingya and Kachin crises.
(3)(A) Not later than 60 days after enactment of this Act, the
Secretary of State, in consultation with the USAID Administrator,
shall submit to the appropriate congressional committees a
comprehensive strategy for the promotion of democracy and human
rights in Burma, which shall include support for civil society,
former prisoners, monks, students, and democratic parliamentarians:
Provided, That funds made available by this Act for assistance for
Burma shall be made available for the implementation of such
strategy: Provided further, That the Assistant Secretary for the
Bureau of Democracy, Human Rights, and Labor, Department of State,
shall be consulted on democracy and human rights programs for Burma
administered by USAID.
(B) Not later than 90 days after enactment of this Act and
every 90 days thereafter until September 30, 2014, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the status of election
preparations in Burma, including an assessment of the ability
of citizens to participate as voters and candidates and of
political parties to freely contest elections.
(4) The Department of State may continue consultations with the
armed forces of Burma only on human rights and disaster response,
and following consultation with the appropriate congressional
committees.
(5) Funds appropriated by this Act should only be made
available for assistance for the central Government of Burma if
such government has implemented Constitutional reforms, in
consultation with Burma's political opposition and ethnic groups,
providing for inclusive, transparent, and fair participation in
presidential and parliamentary elections in Burma, including as
voters and candidates.
(6) Any new program or activity in Burma initiated in fiscal
year 2014 shall be subject to prior consultation with the
appropriate congressional committees.
(c) Cambodia.--
(1) Of the funds appropriated under title III of this Act for
assistance for Cambodia, 10 percent shall be withheld from
obligation until the Secretary of State submits to the Committees
on Appropriations the financial assessment and comparative analysis
report on Cambodia required under such heading in Senate Report
113-81.
(2) None of the funds appropriated by titles III and IV of this
Act may be made available for assistance for the central Government
of Cambodia unless the Secretary of State certifies to the
Committees on Appropriations that--
(A) such government is conducting and implementing, with
the concurrence of the political opposition in Cambodia, an
independent and credible investigation into irregularities
associated with the July 28, 2013 parliamentary elections, and
comprehensive reform of the National Election Committee; or
(B) all parties that won parliamentary seats in such
elections have agreed to join the National Assembly, and the
National Assembly is conducting business in accordance with the
Cambodian constitution.
(3) The requirements of paragraph (2) shall not apply to
assistance for global health, food security, humanitarian demining
programs, human rights training for the Royal Cambodian Armed
Forces, or to enhance maritime security capabilities, except that
any such programs shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) Funds appropriated by this Act for a United States
contribution to a Khmer Rouge tribunal should not be made available
unless the Secretary of State certifies to the Committees on
Appropriations that the Government of Cambodia has provided, or
otherwise secured, funding for the national side of such tribunal.
(5) The Secretary of the Treasury shall direct the United
States executive director to the World Bank to report to the
Committees on Appropriations not later than 45 days after enactment
of this Act and every 90 days thereafter until September 30, 2014,
on the steps being taken by the World Bank to provide appropriate
redress for the Boeung Kak Lake families who were harmed by the
Land Management and Administration Project, as determined by the
World Bank Inspection Panel, and as described in Senate Report 113-
81: Provided, That such report shall also include steps taken by
the executive director to postpone reengagement of World Bank
programs in Cambodia until the requirements of paragraph (2) are
met.
(d) North Korea.--
(1) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this Act,
not less than $8,938,000 shall made available for broadcasts into
North Korea.
(2) Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available for
assistance for refugees from North Korea, including for protection
activities in the People's Republic of China.
(3) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the government of North Korea.
(e) People's Republic of China.--
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be obligated
or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least 15
days in advance, the Committees on Appropriations are notified of
such proposed action.
(2) The terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance projects
or activities of the People's Liberation Army (PLA) of the People's
Republic of China, to include such projects or activities by any
entity that is owned or controlled by, or an affiliate of, the PLA:
Provided, That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity that
the Secretary of State has reason to believe is owned or controlled
by, or an affiliate of, the PLA.
(3) Funds appropriated by this Act for public diplomacy under
title I and for assistance under titles III and IV shall be made
available to counter the strategic influence of the People's
Republic of China: Provided, That the Secretary of State shall
consult with other relevant United States Government agencies in
the development of a coordinated diplomacy and assistance strategy
that counters such influence: Provided further, That the Secretary
of State shall consult with the Committees on Appropriations on
such strategy prior to the initial obligation of funds for such
purposes, and such strategy may be submitted to the Committees in
classified form if necessary.
(f) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to use the voice and vote of the United States to
support financing in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and promote
sustainable development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other Tibetan
communities in China.
(g) Vietnam.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for remediation of
dioxin contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the military, for
such purposes, and funds appropriated under the heading ``Development
Assistance'' shall be made available for health/disability activities
in areas sprayed with Agent Orange or otherwise contaminated with
dioxin.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Operations and reports.--
(A) Funds appropriated under titles I and II of this Act
that are available for the construction and renovation of
United States Government facilities in Afghanistan may not be
made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or assets
above those notified by the Department of State and the United
States Agency for International Development (USAID) to the
Committees on Appropriations, or contractors in addition to
those in place on the date of enactment of this Act: Provided,
That the limitations in this paragraph shall not apply if funds
are necessary to protect such facilities or the security,
health, and welfare of United States personnel.
(B) Of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and ``Operating
Expenses'' that are made available for operations in
Afghanistan, 15 percent shall be withheld from obligation until
the Secretary of State, in consultation with the Secretary of
Defense and the USAID Administrator, submits the report to the
Committees on Appropriations, in classified form if necessary,
on transition and security plans for the Department of State
and USAID required under the heading ``Sec. 7046'' in House
Report 113-185: Provided, That such report shall be updated
every 6 months until September 30, 2015.
(2) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' for assistance for Afghanistan--
(A) may not be used to initiate any new program, project,
or activity for which regular oversight by the Department of
State or USAID, as appropriate, is not possible, to include
site visits;
(B) shall only be made available for programs that the
Government of Afghanistan (GoA) or other Afghan entity is
capable of sustaining, as appropriate and as determined by the
Chief of Mission;
(C) may be made available for independent election bodies;
(D) may be made available for reconciliation programs and
disarmament, demobilization and reintegration activities for
former combatants who have renounced violence against the GoA,
in accordance with section 7046(a)(2)(B)(ii) of Public Law 112-
74;
(E) should not be used to initiate new major infrastructure
projects;
(F) shall be prioritized for programs that promote women's
economic and political empowerment, strengthen and protect the
rights of women and girls, and to implement the United States
Embassy Kabul Gender Strategy;
(G) shall be implemented in accordance with all applicable
audit policies of the Department of State and USAID; and
(H) may not be made available to any individual or
organization that the Secretary of State determines to be
involved in corrupt practices, including with respect to Kabul
Bank.
(3) Certification requirement.--
(A) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'' for assistance for the central Government
of Afghanistan may not be obligated unless the Secretary of
State certifies to the Committees on Appropriations that--
(i) credible elections in Afghanistan have taken place,
and a peaceful transfer of power has occurred;
(ii) the GoA--
(I) has agreed to a Bilateral Security Agreement
with the United States Government that further defines
the security partnership, including support for
counterterrorism operations; and
(II) is cooperating with the United States
concerning the release of prisoners that the United
States Government, the International Security
Assistance Force, or the Afghan National Security
Forces believe pose a threat to the United States,
Afghanistan, and the region;
(iii) the GoA is taking credible steps to protect and
advance the rights of women and girls in Afghanistan;
(iv) the necessary policies and procedures are in place
to ensure GoA compliance with section 7013 of this Act; and
(v) the GoA is making credible efforts to reduce
corruption and recover Kabul Bank stolen assets.
(B) The Secretary of State, in consultation with the
Secretary of Defense, may waive the requirements of
subparagraph (A) if to do so is important to the national
security interests of the United States: Provided, That if the
Secretary of State, after such consultation, exercises the
authority of this subparagraph the Secretary shall report to
the Committees on Appropriations, in classified form if
necessary, on the justification for the waiver and the
requirements of subparagraph (A) that cannot be certified.
(4) Rule of law programs.--Of the funds appropriated by this
Act that are made available for assistance for Afghanistan, not
less than $50,000,000 shall be made available for rule of law
programs: Provided, That decisions on the uses of such funds shall
be the responsibility of the Coordinating Director, in consultation
with other appropriate United States Government officials in
Afghanistan, and such Director shall be consulted on the uses of
all funds appropriated by this Act for rule of law programs in
Afghanistan.
(5) Funding reduction.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available for
assistance for the GoA shall be reduced by $5 for every $1 that the
GoA imposes in taxes, duties, penalties, or other fees on the
transport of property of the United States Government (including
the United States Armed Forces), entering or leaving Afghanistan.
(6) Base rights.--None of the funds made available by this Act
may be used by the United States Government to enter into a
permanent basing rights agreement between the United States and
Afghanistan.
(7) Extension of authority.--Funds appropriated under titles
III through VI of this Act that are made available for assistance
for Afghanistan may be made available notwithstanding section 7012
of this Act or any similar provision of law and section 660 of the
Foreign Assistance Act of 1961.
(8) Afghanistan regional transition.--Of the funds made
available by this Act for assistance for Afghanistan, up to
$150,000,000 may be made available for programs in Central and
South Asia relating to a transition in Afghanistan, including
expanding Afghanistan linkages with the region: Provided, That
such funds shall be the responsibility of the Assistant Secretary
for the Bureau of South and Central Asian Affairs, Department of
State, and the coordinator designated pursuant to section 601 of
the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179) and section 102 of the FREEDOM Support Act
(Public Law 102-511): Provided further, That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(9) Contributing authority.--Section 7046(a)(2)(A) of division
I of Public Law 112-74 shall apply to funds appropriated by this
Act for assistance for Afghanistan.
(b) Bangladesh.--Funds appropriated by this Act under the heading
``Development Assistance'' that are available for assistance for
Bangladesh shall be made available for programs to improve labor
conditions by strengthening the capacity of independent workers'
organizations in Bangladesh's readymade garment, shrimp, and fish
export sectors.
(c) Nepal.--
(1) Funds appropriated by this Act under the heading ``Foreign
Military Financing Program'' may be made available for assistance
for Nepal only if the Secretary of State certifies to the
Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and the
laws of war, and the Nepal army is cooperating fully with civilian
judicial authorities, including providing investigators access to
witnesses, documents, and other information.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction activities in
Nepal, or for training to participate in international peacekeeping
missions.
(d) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or otherwise made
available by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', and ``Foreign Military Financing Program'' for
assistance for the Government of Pakistan may be made available
unless the Secretary of State certifies to the Committees on
Appropriations that the Government of Pakistan is--
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani Network, the
Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed,
Al-Qaeda, and other domestic and foreign terrorist
organizations, including taking steps to end support for
such groups and prevent them from basing and operating in
Pakistan and carrying out cross border attacks into
neighboring countries;
(ii) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening
extra-judicially into political and judicial processes in
Pakistan;
(iii) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in the
manufacture of IEDs;
(iv) preventing the proliferation of nuclear-related
material and expertise;
(v) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts, assistance
programs, and Department of State operations in Pakistan;
and
(vi) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(B) The Secretary of State may waive the requirements of
subparagraph (A) if to do so is important to the national
security interests of the United States: Provided, That if the
Secretary of State, after consultation with the Secretary of
Defense, exercises the authority of this subparagraph the
Secretary of State shall report to the Committees on
Appropriations on the justification for the waiver and the
requirements of subparagraph (A) that the Government of
Pakistan has not met: Provided further, That such report may
be submitted in classified form if necessary.
(2) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan may be made available only to support counterterrorism
and counterinsurgency capabilities in Pakistan, and are subject
to section 620M of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining, and Related Programs'' that are available
for assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use
among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6) of the
Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III and IV
for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection.
(E) Of the funds appropriated under titles III and IV of
this Act that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations
that Dr. Shakil Afridi has been released from prison and
cleared of all charges relating to the assistance provided to
the United States in locating Osama bin Laden.
(3) Reports.--
(A)(i) The spend plan required by section 7076 of this Act
for assistance for Pakistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and
expected results regarding combating poverty and furthering
development in Pakistan, countering extremism, and establishing
conditions conducive to the rule of law and transparent and
accountable governance: Provided, That such benchmarks may
incorporate those required in title III of Public Law 111-73,
as appropriate: Provided further, That not later than 6 months
after submission of such spend plan, and each 6 months
thereafter until September 30, 2015, the Secretary of State
shall submit a report to the Committees on Appropriations on
the status of achieving the goals and benchmarks in such plan.
(ii) The Secretary of State should suspend assistance for
the Government of Pakistan if any report required by paragraph
(A)(i) indicates that Pakistan is failing to make measurable
progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated
with significant infrastructure projects supported by the
United States in Pakistan, and an assessment of the extent to
which such projects achieve such objectives.
(e) Sri Lanka.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Sri Lanka, no defense export license
may be issued, and no military equipment or technology shall be
sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the Secretary of
State certifies to the Committees on Appropriations that the
Government of Sri Lanka is meeting the conditions specified under
such heading in Senate Report 113-81.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining, disaster relief, and aerial and maritime
surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for assistance
for Sri Lanka should be used to support the recruitment of Tamils
into the Sri Lankan military in an inclusive and transparent
manner, Tamil language training for Sinhalese military personnel,
and human rights training for all military personnel.
(4) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
available for assistance for Sri Lanka, may be made available only
for training related to international peacekeeping operations and
expanded IMET: Provided, That the limitation in this paragraph
shall not apply to maritime security.
(5) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human needs,
unless the Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka is meeting the
conditions specified under such heading in Senate Report 113-81.
(f) Regional Cross Border Programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan
and Pakistan, or between either country and the Central Asian
countries.
western hemisphere
Sec. 7045. (a) Colombia.--
(1) Funds appropriated by this Act and made available to the
Department of State for assistance for the Government of Colombia
may be used to support a unified campaign against narcotics
trafficking, organizations designated as Foreign Terrorist
Organizations, and other criminal or illegal armed groups, and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided,
That the first through fifth provisos of paragraph (1), and
paragraph (3) of section 7045(a) of division I of Public Law 112-74
shall continue in effect during fiscal year 2014 and shall apply to
funds appropriated by this Act and made available for assistance
for Colombia as if included in this Act: Provided further, That 10
percent of the funds appropriated by this Act for the Colombian
national police for aerial drug eradication programs may not be
used for the aerial spraying of chemical herbicides unless the
Secretary of State certifies to the Committees on Appropriations
that the herbicides do not pose unreasonable risks or adverse
effects to humans, including pregnant women and children, or the
environment, including endemic species: Provided further, That any
complaints of harm to health or licit crops caused by such aerial
spraying shall be thoroughly investigated and evaluated, and fair
compensation paid in a timely manner for meritorious claims:
Provided further, That of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $141,500,000
shall be apportioned directly to the United States Agency for
International Development (USAID) for alternative development/
institution building and local governance programs in Colombia.
(2) Limitation.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', 25 percent may
be obligated only in accordance with the procedures and conditions
specified under section 7045 in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Cuba.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $17,500,000 should be made
available for programs and activities in Cuba.
(2) None of the funds appropriated by this Act under the
heading ``Economic Support Fund'' may be obligated by USAID for any
new programs or activities in Cuba.
(c) Guatemala.--
(1) Funds appropriated by this Act may be made available for
assistance for the Guatemalan army only--
(A) if the Secretary of State certifies that the Government
of Guatemala is taking credible steps to implement the
Reparations Plan for Damages Suffered by the Communities
Affected by the Construction of the Chixoy Hydroelectric Dam
(April 2010); and
(B) in accordance with the procedures and requirements
specified under section 7045 in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) None of the funds appropriated by this Act under the
headings ``International Military Education and Training'' and
``Foreign Military Financing Program'' may be expended for
assistance for the Guatemalan Armed Forces until the Secretary of
State certifies to the Committees on Appropriations that the
Government of Guatemala has resolved all cases involving Guatemalan
children and American adoptive parents pending since December 31,
2007, or that such government is making significant progress toward
meeting a specific timetable for resolving such cases.
(d) Haiti.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Haiti until
the Secretary of State certifies to the Committees on
Appropriations that--
(A) Haiti is taking steps to hold free and fair
parliamentary elections and to seat a new Haitian Parliament;
(B) the Government of Haiti is respecting the independence
of the judiciary; and
(C) the Government of Haiti is combating corruption and
improving governance, including passage of the anti-corruption
law to enable prosecution of corrupt officials and implementing
financial transparency and accountability requirements for
government institutions.
(2) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for the Coast Guard.
(e) Honduras.--
(1) Of the funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'', 35 percent may not be made
available for assistance for the Honduran military and police
except in accordance with the procedures and requirements specified
under section 7045 in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
security, and the rule of law within the military and police.
(f) Mexico.--
(1) Prior to the obligation of 15 percent of the funds
appropriated by this Act under the headings ``International
Narcotics Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are available for assistance for the
Mexican military and police, the Secretary of State shall report in
writing to the Committees on Appropriations that the Government of
Mexico is meeting the requirements specified under section 7045 in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
security, and the rule of law within the military and police.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act should be paid for by the recipient
country.
(h) Trade Capacity.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund''
should be made available for labor and environmental capacity building
activities relating to free trade agreements with countries of Central
America, Colombia, Peru, and the Dominican Republic.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter 1
of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V of
this Act that are available for contributions to the United
Nations, any United Nations agency, or the Organization of American
States, 15 percent may not be obligated for such organization or
agency until the Secretary of State reports to the Committees on
Appropriations that the organization or agency is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization or agency, and
providing the United States Government with necessary access to
such financial and performance audits; and
(B) implementing best practices for the protection of
whistleblowers from retaliation, including best practices for--
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation.
(2) The Secretary of State may waive the restriction in this
subsection, on a case-by-case basis, if the Secretary determines
and reports to the Committees on Appropriations that to do so is
important to the national interests of the United States.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available under title I of this Act
may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 as continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) None of the funds made available under title I of this Act
may be used by the Secretary of State as a contribution to any
organization, agency, or program within the United Nations system
if such organization, agency, commission, or program is chaired or
presided over by a country the government of which the Secretary of
State has determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control Act,
section 6(j)(1) of the Export Administration Act of 1979, or any
other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) The Secretary of State may waive the restriction in this
subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of the
United States.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act may be made available to support the United Nations Human
Rights Council only if the Secretary of State reports to the Committees
on Appropriations that participation in the Council is in the national
interest of the United States: Provided, That the Secretary of State
shall report to the Committees on Appropriations not later than
September 30, 2014, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item.
(d) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2014 under the headings ``Contributions
to International Organizations'' and ``International Organizations and
Programs'' that are withheld from obligation or expenditure due to any
provision of law: Provided, That the Secretary shall update such
report each time additional funds are withheld by operation of any
provision of law: Provided further, That the reprogramming of any
withheld funds identified in such report, including updates thereof,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(e) United Nations Relief and Works Agency.--The reporting
requirements regarding the United Nations Relief and Works Agency
contained in the joint explanatory statement accompanying the
Supplemental Appropriations Act, 2009 (Public Law 111-32, House Report
111-151), under the heading ``Migration and Refugee Assistance'' in
title XI shall apply to funds made available by this Act under such
heading.
(f) United Nations Capital Master Plan.--None of the funds made
available in this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the Department
of State and the United States Agency for International Development
(USAID) with funds made available in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be coordinated under the authority of the
appropriate Chief of Mission: Provided, That such aircraft may be
used to transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of State
and USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds received by
the Department of State for the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Department's Working Capital Fund and shall be available for
expenses related to the purchase, lease, maintenance, chartering,
or operation of such aircraft.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of division F
of Public Law 111-117 shall apply to this Act: Provided, That the date
``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be
``September 30, 2013''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming, do
not result in more than 1 percent unexploded ordnance across the
range of intended operational environments, and the agreement
applicable to the assistance, transfer, or sale of such cluster
munitions or cluster munitions technology specifies that the
cluster munitions will only be used against clearly defined
military targets and will not be used where civilians are known to
be present or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such cluster
munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
the Congress: Provided, That not to exceed $25,000 may be made
available to carry out the provisions of section 316 of Public Law 96-
533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961 may be used by the United
States Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2015.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which such individual's responsibilities
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961 may
be used, in addition to funds otherwise available for such purposes,
for the cost (including the support costs) of individuals detailed to
or employed by USAID whose primary responsibility is to carry out
programs in response to natural disasters, or man-made disasters
subject to the regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in
Afghanistan or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Pandemic Response.--If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, any funds made
available under titles III and IV in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available to combat such virus: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Global Fund.--(1) Of the funds appropriated by this Act that
are available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that--
(A) the Global Fund is maintaining and implementing a
policy of transparency, including the authority of the Global
Fund Office of the Inspector General (OIG) to publish OIG
reports on a public Web site;
(B) the Global Fund is providing sufficient resources to
maintain an independent OIG that--
(i) reports directly to the Board of the Global Fund;
(ii) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(iii) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(C) the Global Fund maintains an effective whistleblower
policy to protect whistleblowers from retaliation, including
confidential procedures for reporting possible misconduct or
irregularities; and
(D) the Global Fund is implementing the recommendations
contained in the Consolidated Transformation Plan approved by
the Board of the Global Fund on November 21, 2011.
(2) The withholding required by this subsection shall not be in
addition to funds that are withheld from the Global Fund in fiscal
year 2014 pursuant to the application of any other provision
contained in this or any other Act.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of this
Act, not less than $150,000,000 should be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(2) Department of State and USAID gender programs shall
incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict
settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement''
should be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and
girls.
sector allocations
Sec. 7060. (a) Basic and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated by title III of this Act, not
less than $800,000,000 shall be made available for assistance
for basic education.
(B) The United States Agency for International Development
shall ensure that programs supported with funds appropriated
for basic education in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs are integrated, when appropriate, with
health, agriculture, governance, and economic development
activities to address the economic and social needs of the
broader community.
(C) Funds appropriated by title III of this Act for basic
education may be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $225,000,000 shall be made available for
assistance for higher education, of which not less than $25,000,000
shall be to support such programs in Africa, including for
partnerships between higher education institutions in Africa and
the United States.
(b) Development Grants Program.--Of the funds appropriated in title
III of this Act, not less than $45,000,000 shall be made available for
the Development Grants Program established pursuant to section 674 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161), primarily
for unsolicited proposals for activities within all sectors, to support
grants of not more than $2,000,000 to small nongovernmental
organizations, universities, and other small entities: Provided, That
funds made available under this subsection shall remain available until
September 30, 2016, and are in addition to other funds available for
such purposes.
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,153,500,000 should be made available for environment
programs.
(2) Clean energy.--The limitation in section 7081(b) of
division F of Public Law 111-117 shall continue in effect during
fiscal year 2014 as if part of this Act: Provided, That the
proviso contained in such section shall not apply.
(3) Adaptation and mitigation.--Funds appropriated by this Act
may be made available for United States contributions to
multilateral environmental funds to support adaptation and
mitigation programs and activities.
(4) Sustainable landscapes and biodiversity.--Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for sustainable landscapes
programs and, in addition, not less than $212,500,000 shall be made
available to protect biodiversity, and shall not be used to support
or promote the expansion of industrial scale logging or any other
industrial scale extractive activity into areas that were primary/
intact tropical forest as of December 30, 2013: Provided, That
funds made available for the Central African Regional Program for
the Environment and other tropical forest programs in the Congo
Basin for the United States Fish and Wildlife Service (USFWS) shall
be apportioned directly to the USFWS: Provided further, That funds
made available for the Department of the Interior (DOI) for
programs in the Mayan Biosphere Reserve shall be apportioned
directly to the DOI: Provided further, That such funds shall also
support programs to protect great apes and other endangered
species.
(5) Wildlife poaching and trafficking.--
(A) Not less than $45,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(B) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the Committees on Appropriations that to do so is in the
national security interests of the United States.
(6) Authority.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II,
of the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law except for the provisions of this
subsection and subject to the regular notification procedures of
the Committees on Appropriations, to support environment programs.
(7) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be made available
to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and
monitoring of the Extractive Industries Transparency
Initiative, implementing and enforcing section 8204 of Public
Law 110-246 and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(B)(i) The Secretary of the Treasury shall inform the
managements of the international financial institutions and
post on the Department of the Treasury's Web site that it is
the policy of the United States to vote against any assistance
by such institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of a
natural resource if the government of the country has in place
laws, regulations, or procedures to prevent or limit the public
disclosure of company payments as required by section 1504 of
Public Law 111-203, and unless such government has adopted
laws, regulations, or procedures in the sector in which
assistance is being considered for--
(I) accurately accounting for and public disclosure of
payments to the host government by companies involved in
the extraction and export of natural resources;
(II) the independent auditing of accounts receiving
such payments and public disclosure of the findings of such
audits; and
(III) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that
is commercially proprietary or that would create
competitive disadvantage.
(ii) The requirements of clause (i) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(C) The Secretary of the Treasury or the Secretary of
State, as appropriate, shall instruct the United States
executive director of each international financial institution
and the United States representatives to all forest-related
multilateral financing mechanisms and processes that it is the
policy of the United States to vote against any financing to
support or promote the expansion of industrial scale logging or
any other industrial scale extractive activity into areas that
were primary/intact tropical forest as of December 30, 2013.
(D) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution that it is the policy of the United States to
oppose any loan, grant, strategy or policy of such institution
to support the construction of any large hydroelectric dam (as
defined in ``Dams and Development: A New Framework for
Decision-Making,'' World Commission on Dams (November 2000)).
(8) Transfer of funds.--The Secretary of State, after
consultation with the Secretary of the Treasury, shall transfer
$50,000,000 of funds appropriated under the heading ``Economic
Support Fund'' to funds appropriated by this Act under the headings
``Multilateral Assistance, International Financial Institutions''
for additional payments to trust funds enumerated under such
headings: Provided, That prior to exercising such transfer
authority the Secretary of State shall consult with the Committees
on Appropriations.
(9) Continuation of prior law.--Section 7081(g)(2) and (4) of
division F of Public Law 111-117 shall continue in effect during
fiscal year 2014 as if part of this Act.
(d) Food Security and Agriculture Development.--Of the funds
appropriated by title III of this Act, not less than $1,100,000,000
should be made available for food security and agriculture development
programs, of which $32,000,000 shall be made available for the Feed the
Future Collaborative Research Innovation Lab: Provided, That such
funds may be made available notwithstanding any other provision of law
to address food shortages, and, if authorized, for a United States
contribution to the endowment of the Global Crop Diversity Trust.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', $26,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals of
different ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the Administrator of the United
States Agency for International Development shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than
the United States Government.
(g) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'',
not less than $44,000,000 shall be made available for activities to
combat trafficking in persons internationally.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $365,000,000 shall be made available for water and
sanitation supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
(i) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
uzbekistan
Sec. 7061. The terms and conditions of section 7076 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply
to funds appropriated by this Act, except that the Secretary of State
may waive the application of section 7076(a) for a period of not more
than 6 months and every 6 months thereafter until September 30, 2015,
if the Secretary certifies to the Committees on Appropriations that the
waiver is in the national security interest and necessary to obtain
access to and from Afghanistan for the United States, and the waiver
includes an assessment of progress, if any, by the Government of
Uzbekistan in meeting the requirements in section 7076(a): Provided,
That the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the Committees on Appropriations not
later than 12 months after enactment of this Act and 6 months
thereafter, on all United States Government assistance provided to the
Government of Uzbekistan and expenditures made in support of the
Northern Distribution Network in Uzbekistan during the previous 12
months, including any credible information that such assistance or
expenditures are being diverted for corrupt purposes: Provided
further, That information provided in the assessment and report
required by the previous provisos shall be unclassified but may be
accompanied by a classified annex and such annex shall indicate the
basis for such classification: Provided further, That for purposes of
the application of section 7076(e) to this Act, the term ``assistance''
shall not include expanded international military education and
training.
requests for documents
Sec. 7062. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
united nations population fund
Sec. 7063. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2014, $35,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that the UNFPA
plans to spend funds for a country program in the People's Republic
of China in the year covered by the report, then the amount of such
funds the UNFPA plans to spend in the People's Republic of China
shall be deducted from the funds made available to the UNFPA after
March 1 for obligation for the remainder of the fiscal year in
which the report is submitted.
overseas private investment corporation
Sec. 7064. (a) Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title III of
this Act may be transferred to, and merged with, funds appropriated by
this Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for administrative
expenses of the Overseas Private Investment Corporation: Provided
further, That designated funding levels in this Act shall not be
transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign Assistance Act
of 1961, the authority of subsections (a) through (c) of section 234 of
such Act shall remain in effect until September 30, 2014.
international prison conditions
Sec. 7065. Funds appropriated under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' in this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of 1961, for
assistance to eliminate inhumane conditions in foreign prisons and
other detention facilities: Provided, That decisions regarding the
uses of such funds shall be the responsibility of the Assistant
Secretary of State for Democracy, Human Rights, and Labor (DRL), in
consultation with the Assistant Secretary of State for International
Narcotics Control and Law Enforcement Affairs, and the Assistant
Administrator for Democracy, Conflict, and Humanitarian Assistance,
United States Agency for International Development, as appropriate:
Provided further, That the Assistant Secretary of State for DRL shall
consult with the Committees on Appropriations prior to the obligation
of funds.
prohibition on use of torture
Sec. 7066. (a) None of the funds made available in this Act may be
used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
(b) Funds appropriated under title IV of this Act shall be made
available, notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on Appropriations,
for assistance to eliminate torture by foreign police, military or
other security forces in countries receiving assistance from funds
appropriated by this Act.
extradition
Sec. 7067. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the
headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Subsection (a) shall only apply to the central government of a
country with which the United States maintains diplomatic relations and
with which the United States has an extradition treaty and the
government of that country is in violation of the terms and conditions
of the treaty.
(c) The Secretary of State may waive the restriction in subsection
(a) on a case-by-case basis if the Secretary certifies to the
Committees on Appropriations that such waiver is important to the
national interests of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO) and major non-NATO allies for
the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
independent states of the former soviet union
Sec. 7069. (a) None of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(b) Funds appropriated by this Act under the heading ``Economic
Support Fund'' may be made available, notwithstanding any other
provision of law, for assistance and related programs for the countries
identified in section 3(c) of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the
FREEDOM Support Act (Public Law 102-511) and may be used to carry out
the provisions of those Acts: Provided, That such assistance and
related programs from funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall be
administered in accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 102 of
the FREEDOM Support Act (Public Law 102-511).
(c) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act and section 1424 of Public Law 104-201
or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the Overseas Private Investment Corporation under title
IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of
1945; or
(6) humanitarian assistance.
international monetary fund
Sec. 7070. (a) The terms and conditions of sections 7086(b) (1) and
(2) and 7090(a) of division F of Public Law 111-117 shall apply to this
Act.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private
creditors.
(c) The Secretary of the Treasury shall report to the Committees on
Appropriations, not later than 45 days after enactment of this Act, a
description and estimate of IMF surcharges on outstanding and new loans
for calendar years 2011, 2012, and 2013; the IMF's internal use of
funds derived from such surcharges; and details of the IMF's internal
budget for the calendar years 2011, 2012, and 2013.
(d) The Secretary of the Treasury shall seek to ensure that the IMF
is implementing best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosures;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
sovereignty of the post-soviet states
Sec. 7071. (a) Prior to the obligation of funds appropriated under
title III of this Act that are available for assistance for the central
Government of the Russian Federation, the Secretary of State shall
consult with the Committees on Appropriations on how such assistance
supports the national interests of the United States.
(b)(1) Funds appropriated by this Act for assistance to the Eastern
Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova,
and Ukraine) shall be made available to advance the signing and
implementation of Association Agreements, trade agreements, and visa
liberalization agreements with the European Union, and to reduce their
vulnerability to external pressure not to enter into such agreements
with the European Union.
(2) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations on actions taken by the Government of the Russian
Federation to apply pressure on Eastern Partnership countries to
prevent their further integration with European institutions and
harmonization with European legal norms; an assessment of whether the
Government of the Russian Federation is violating its obligations as a
member of the World Trade Organization by erecting non-tariff barriers
against imports of goods from these countries; and a description of
actions taken or planned by the United States Government to ensure that
the Eastern Partnership countries maintain full sovereignty in their
foreign policy decisionmaking.
(c) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing efforts by the Government of the Russian
Federation to investigate and prosecute law enforcement and government
personnel credibly alleged to be responsible for gross violations of
human rights against Russian individuals affiliated with
nongovernmental and civil society organizations, the private sector,
social activism, opposition political parties, and the media.
(d) Funds appropriated by this Act shall be made available for
democracy and rule of law programs in countries of the former Soviet
Union: Provided, That not later than 90 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a multi-year strategy, including cost estimates,
objectives, and oversight mechanisms, for such programs on a country-
by-country basis.
(e) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the support of the Government of the Russian
Federation for the Government of Syria, including arms sales and the
use of such arms against civilian populations, and for the Government
of Iran, including support for nuclear research cooperation and
sanctions relief.
(f) The Secretary of State shall submit to the Committees on
Appropriations a description of steps taken by the United States
Government to assist in the restoration of the territorial integrity of
Georgia.
prohibition on first-class travel
Sec. 7072. None of the funds made available in this Act may be
used for first-class travel by employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
limitation on certain awards
Sec. 7073. (a) Convictions.--None of the funds made available by
this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that was convicted
of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency has direct knowledge of
the conviction, unless a Federal agency has considered, in accordance
with its procedures, that this further action is not necessary to
protect the interests of the Government.
(b) Unpaid Taxes.--None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
has direct knowledge of the unpaid tax liability, unless a Federal
agency has considered, in accordance with its procedures, that this
further action is not necessary to protect the interests of the
Government.
(c) Implementation.--The requirements of this section shall be
implemented 180 days after enactment of this Act.
enterprise funds
Sec. 7074. (a) None of the funds made available under titles III
through VI of this Act may be made available for Enterprise Funds
unless the Committees on Appropriations are notified at least fifteen
days in advance.
(b) Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(c) Prior to a transition to and operation of any private equity
fund or other parallel investment fund under an existing Enterprise
Fund, the President shall submit such transition or operating plan to
the Committees on Appropriations, in accordance with the regular
notification procedures of the Committees on Appropriations.
arms trade treaty
Sec. 7075. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 30 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I and II, and the Department of the Treasury and
Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the African Development Foundation, shall
submit to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal year
2014, that provides details of the use of such funds at the program,
project, and activity level.
(b) Spend Plans.--Prior to the initial obligation of funds, the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development (USAID), shall
submit to the Committees on Appropriations a detailed spend plan for
funds made available by this Act under title III, and under title IV
where applicable, for--
(1) assistance for Afghanistan, Colombia, Egypt, Haiti, Iraq,
Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and
Yemen;
(2) the Caribbean Basin Security Initiative, the Central
American Regional Security Initiative, the Trans-Sahara
Counterterrorism Partnership program, and the Partnership for
Regional East Africa Counterterrorism program; and
(3) democracy programs, and food security and agriculture
development programs.
(c) Not later than 45 days after enactment of this Act, the USAID
Administrator shall submit to the Committees on Appropriations a
detailed spend plan for funds made available during fiscal year 2013
under the heading ``Development Credit Authority''.
(d) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this
Act under the headings ``Department of the Treasury'' in title III and
``International Financial Institutions'' in title V.
(e) Notifications.--The spend plans referenced in subsections (b),
(c) and (d) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
(f) Congressional Budget Justifications.--The congressional budget
justifications for Department of State operations and foreign
operations shall be provided to the Committees on Appropriations
concurrent with the date of submission of the President's budget for
fiscal year 2015.
special defense acquisition fund
Sec. 7077. Not to exceed $100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2016: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
use of funds in contravention of this act
Sec. 7078. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
disability programs
Sec. 7079. (a) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for programs and
activities administered by the United States Agency for International
Development (USAID) to address the needs and protect and promote the
rights of people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Of the funds made available by this section, up to 7 percent
may be for USAID for management, oversight, and technical support.
global internet freedom
Sec. 7080. (a) Of the funds appropriated under titles I and III of
this Act, not less than $50,500,000 shall be made available for
programs to promote Internet freedom globally: Provided, That such
programs shall be prioritized for countries whose governments restrict
freedom of expression on the Internet, and that are important to the
national interests of the United States: Provided further, That funds
made available pursuant to this section shall be matched, to the
maximum extent practicable, by sources other than the United States
Government, including from the private sector.
(b) Funds made available pursuant to subsection (a) shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Complex Crises Fund'', and shall
be incorporated into country assistance, democracy promotion, and
broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human Rights,
and Labor, Department of State and the United States Agency for
International Development (USAID) for programs to implement the May
2011, International Strategy for Cyberspace and the comprehensive
strategy to promote Internet freedom and access to information in
Iran, as required by section 414 of Public Law 112-158;
(3) made available to the Broadcasting Board of Governors (BBG)
to provide tools and techniques to access the Internet Web sites of
BBG broadcasters that are censored, and to work with such
broadcasters to promote and distribute such tools and techniques,
including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive Internet-
related laws and regulations, including countering threats to
Internet freedom at international organizations; to combat violence
against bloggers and other users; and to enhance digital security
training and capacity building for democracy activists; and
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide or
enhance access to the Internet, including circumvention tools that
bypass Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and maintenance of
the United States Government's technological advantage over such
censorship techniques: Provided, That the Secretary of State, in
consultation with the BBG, shall coordinate any such research and
development programs with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the effectiveness
of such technologies.
(c) After consultation among the relevant agency heads to
coordinate and de-conflict planned activities, but not later than 90
days after enactment of this Act, the Secretary of State, the USAID
Administrator, and the BBG Board Chairman shall submit to the
Committees on Appropriations spend plans for funds made available by
this Act for programs to promote Internet freedom globally, which shall
include a description of safeguards established by relevant agencies to
ensure that such programs are not used for illicit purposes.
impact on jobs in the united states
Sec. 7081. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement is likely to reduce the number of employees of such
business enterprise in the United States because United States
production is being replaced by such enterprise outside the United
States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized workers
rights, as defined in section 507(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone or
area in that country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate with the level
of development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) until September 30, 2014, for the enforcement of any rule,
regulation, policy, or guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal; or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-fired
or other power-generation project the purpose of which is to: (i)
provide affordable electricity in International Development
Association (IDA)-eligible countries and IDA-blend countries; and
(ii) increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
death gratuity and other benefits
(including rescission of funds)
Sec. 7082. (a) Death Gratuity.--Section 413 of the Foreign Service
Act of 1980 (22 U.S.C. 3973) is amended--
(1) in subsection (a) by striking ``at the time of death'' and
inserting ``at level II of the Executive Schedule under section
5313 of title 5, United States Code, at the time of death, except
that for employees compensated under local compensation plans
established under section 408 the amount shall be equal to the
greater of either one year's salary at the time of death, or one
year's basic salary at the highest step of the highest grade on the
local compensation plan from which the employee was being paid at
the time of death'';
(2) by redesignating subsections (b) and (d) as subsections (d)
and (e) respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b) Other Executive Agencies.--The head of an executive agency
shall, pursuant to guidance issued under subsection (c), make a death
gratuity payment authorized by this section to the survivors of any
employee of that agency or of an individual in a special category
serving in an uncompensated capacity for that agency, as identified in
guidance issued under subsection (c), who dies as a result of injuries
sustained in the performance of duty abroad while subject to the
authority of the chief of mission pursuant to section 207.''; and
(4) by amending subsection (c) to read as follows:
``Guidance.--Not later than 60 days after the date of the enactment
of the Consolidated Appropriations Act, 2014, the Secretary shall, in
consultation with the heads of other relevant executive agencies, issue
guidance with criteria for determining eligibility for, and order of
payments to, survivors and beneficiaries of any employee or of an
individual in a special category serving in an uncompensated capacity
for that agency who dies as a result of injuries sustained in the
performance of duty while subject to the authority of the chief of
mission pursuant to section 207.''.
(b) Life Insurance and Educational Benefits.--
(1) In general.--Chapter 4 of the Foreign Service Act of 1980
(22 U.S.C. 3961 et seq.) is amended by adding at the end the
following new sections:
``SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT APPLICABLE TO THOSE
KILLED IN TERRORIST ATTACKS.
``(a) Foreign Service Employees.--
``(1) In general.--Notwithstanding the amounts specified in
chapter 87 of title 5, United States Code, a Foreign Service
employee who dies as a result of injuries sustained while on duty
abroad because of an act of terrorism, as defined in section 140(d)
of the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (22 U.S.C. 2656f(d)), shall be eligible for a payment from the
United States in an amount that, when added to the amount of the
employee's employer-provided group life insurance policy coverage
(if any), equals $400,000. In the case of an employee compensated
under a local compensation plan established under section 408, the
amount of such payment shall be determined by regulations
implemented by the Secretary of State and shall be no greater than
$400,000.
``(2) Designation of beneficiary.--A payment made under
paragraph (1) shall be made in accordance with the guidance issued
under section 413(c).
``(b) Other Executive Agencies.--The head of an executive agency
shall provide the additional payment authorized by this section,
consistent with the provisions set forth in subsection (a), with
respect to any employee of that agency or of an individual in a special
category serving in an uncompensated capacity for that agency who dies
as a result of injuries sustained while on duty abroad because of an
act of terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),
while subject to the authority of the chief of mission pursuant to
section 207.
``SEC. 416. SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.
``(a) Foreign Service Employees.--The Secretary shall, pursuant to
guidance issued under section 413(c), provide educational assistance to
a beneficiary of any United States national Foreign Service employee
who dies while on duty abroad as a result of an act of terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), to meet, in whole or
in part, the expenses incurred by the beneficiary in pursuing a program
of education at an educational institution, including subsistence,
tuition, fees, supplies, books, equipment, and other educational costs.
``(b) Other Executive Agencies.--The head of an executive agency
shall, pursuant to guidance issued under section 413(c) provide
educational assistance authorized by this section to a beneficiary of
any employee of that agency who dies as a result of an act of terrorism
or terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),
while on duty abroad and subject to the authority of the chief of
mission pursuant to section 207.
``(c) Amount of Assistance.--Educational assistance under this
section may be made available up to the amounts provided for in section
3532 of title 38, United States Code, as adjusted by section 3564 of
such title, and for an aggregate period not in excess of 48 months.
``(d) Program of Education and Educational Institution Defined.--
For purposes of this section, the terms `program of education' and
`educational institution' have the meanings given the terms in section
3501 of title 38.''.
(2) Clerical amendment.--The table of contents in section 2 of
the Foreign Service Act of 1980 is amended by inserting after the
item relating to section 414 the following new items:
``Sec. 415. Group life insurance supplement applicable to those killed
in terrorist attacks.
``Sec. 416. Survivors' and dependents' educational assistance.''.
(c) Applicability.--Notwithstanding any other provision of law,
sections 413, 415, and 416 of the Foreign Service Act of 1980, as
amended or added by this section, shall apply in the case of a Foreign
Service employee or executive branch employee subject to the authority
of the chief of mission pursuant to section 207 of the Foreign Service
Act (22 U.S.C. 3927), serving at a United States diplomatic or consular
mission abroad, who died on or after April 18, 1983, as a result of
injuries sustained in an act of terrorism, as defined in section 140(d)
of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999
(22 U.S.C. 2656f(d)).
(d) Funding.--
(1) Diplomatic and consular programs funds.--Amounts made
available to the Department of State pursuant to the sixth proviso
under the heading ``Diplomatic and Consular Programs'' in title I
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law 110-
161) are authorized to be used by the Department of State to pay
benefits or payments made available pursuant to this Act.
(2) Availability.--To pay benefits or payments made available
pursuant to this Act, the Secretary of State may merge with the
amounts described in paragraph (1) unobligated balances of funds
appropriated under the ``Diplomatic and Consular Programs'' heading
for fiscal year 2014 and subsequent fiscal years, up until the end
of the fifth fiscal year after the fiscal year for which such funds
were appropriated or otherwise made available.
(3) Rescission.--Of the unexpended balances available under the
heading ``Export and Investment Assistance, Export-Import Bank of
the United States, Subsidy Appropriation'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $23,000,000 are rescinded.
preadoption visitation requirement
Sec. 7083. Section 101(b)(1)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)(F)(i)) is amended by striking ``at
least twenty-five years of age, who personally saw and observed the
child prior to or during the adoption proceedings;'' and inserting
``who is at least 25 years of age, at least 1 of whom personally saw
and observed the child before or during the adoption proceedings;''.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,391,109,000, to remain available until September 30, 2015, of which
$900,274,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $100,000,000 of the total funds made available under
this heading to any other appropriation of any department or agency of
the United States, upon the concurrence of the head of such department
or agency, to support operations in and assistance for Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That such amount is 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.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$8,500,000, to remain available until expended: Provided, That such
amount is 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$49,650,000, to remain available until September 30, 2015, which shall
be for the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That such amount is 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.
educational and cultural exchange programs
For an additional amount for ``Educational and Cultural Exchange
Programs'', as authorized, $8,628,000, to remain available until
September 30, 2015: Provided, That such amount is 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $275,000,000, to remain available until expended:
Provided, That such amount is 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.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $74,400,000: Provided, That such amount is 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.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,400,000, to remain available until September 30, 2015:
Provided, That such amount is 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.
RELATED PROGRAMS
United States Institute of Peace
For an additional amount for ``United States Institute of Peace'',
$6,016,000, to remain available until September 30, 2015: Provided,
That such amount is 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $81,000,000,
to remain available until September 30, 2015: Provided, That such
amount is 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$10,038,000, to remain available until September 30, 2015: Provided,
That such amount is 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$924,172,000, to remain available until expended: Provided, That such
amount is 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.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$9,423,000, to remain available until September 30, 2015: Provided,
That such amount is 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.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until September 30, 2015: Provided, That such
amount is 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,656,215,000, to remain available until September 30, 2015:
Provided, That such amount is 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,284,355,000, to remain available until expended: Provided, That
such amount is 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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $344,390,000, to remain available until September
30, 2015: Provided, That such amount is 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $70,000,000, to remain available until
September 30, 2015: Provided, That such amount is 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$200,000,000, to remain available until September 30, 2015: Provided,
That such amount is 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:
Provided further, That of the funds available for obligation under this
heading in this Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs, up to
$194,000,000 may be used to pay assessed expenses of international
peacekeeping activities in Somalia.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $530,000,000, to remain available until September 30, 2015:
Provided, That such amount is 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.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2014.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority
Sec. 8003. (a) Funds appropriated by this title in this Act under
the headings ``Diplomatic and Consular Programs'' and ``Embassy
Security, Construction, and Maintenance'' may be transferred to, and
merged with, funds appropriated by this title under such headings.
(b) Funds appropriated by this title in this Act under the headings
``Economic Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'' may be transferred to, and merged with--
(1) funds appropriated by this title under such headings; and
(2) funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance''.
(c) Notwithstanding any other provision of this section, of the
funds appropriated by this title in this Act not to exceed $400,000,000
from funds appropriated under the heading ``Economic Support Fund'',
not to exceed $10,000,000 from funds appropriated under the heading
``International Narcotics Control and Law Enforcement'', and not to
exceed $50,000,000 from funds appropriated under the heading ``Foreign
Military Financing Program'' may be transferred to, and merged with,
funds made available under the heading ``Complex Crises Fund'':
Provided, That upon determination that all or part of the funds so
transferred from such appropriations are not necessary for the purposes
for which they were transferred, such amounts may be transferred back
to such appropriation and shall be available for the same purposes and
for the same time period as originally appropriated.
(d) Notwithstanding any other provision of this section, not to
exceed $25,000,000 from funds appropriated under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by this title
in this Act may be transferred to, and merged with, funds previously
made available under the heading ``Global Security Contingency Fund'':
Provided, That not later than 15 days prior to making any such
transfer, the Secretary of State shall notify the Committees on
Appropriations on a country basis, including the implementation plan
and timeline for each proposed use of such funds.
(e) The transfer authority provided in subsections (a) and (b) may
only be exercised to address unanticipated contingencies: Provided,
That no such transfer shall exceed 15 percent of any appropriation made
available for the current fiscal year by this title and no such
appropriation shall be increased by more than 25 percent by any such
transfer.
(f) The transfer authority provided by this section shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided, That such transfer authority is in addition
to any transfer authority otherwise available under any other provision
of law, including section 610 of the Foreign Assistance Act of 1961
which may be exercised by the Secretary of State for the purposes of
this title.
rescission of funds
Sec. 8004. Of the unobligated balances available from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Diplomatic and Consular
Programs'' and 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,
$427,296,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated for Worldwide Security Protection.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$107,000,000, of which not to exceed $2,652,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,000,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $19,900,000 shall be available for the Office of the General
Counsel; not to exceed $10,271,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$12,676,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,530,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $26,378,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,020,000
shall be available for the Office of Public Affairs; not to exceed
$1,714,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,386,000 shall be available for the Office
of Small and Disadvantaged Business Utilization; not to exceed
$10,778,000 shall be available for the Office of Intelligence,
Security, and Emergency Response; and not to exceed $15,695,000 shall
be available for the Office of the Chief Information Officer:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding
fees authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $14,765,000, of which $8,218,000
shall remain available until September 30, 2016: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That notwithstanding any other provision of law, the
powers and duties, functions, authorities and personnel of the Research
and Innovative Technology Administration are hereby transferred to the
Office of the Assistant Secretary for Research and Technology in the
Office of the Secretary: Provided further, That notwithstanding
section 102 of title 49 and section 5315 of title 5, United States
Code, there shall be an Assistant Secretary for Research and Technology
within the Office of the Secretary, appointed by the President with the
advice and consent of the Senate, to lead such office: Provided
further, That any reference in law, regulation, judicial proceedings,
or elsewhere to the Research and Innovative Technology Administration
shall be deemed to be a reference to the Office of the Assistant
Secretary for Research and Technology of the Department of
Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$600,000,000, to remain available through September 30, 2016:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; and
port infrastructure investments: Provided further, That the Secretary
may use up to 35 percent of the funds made available under this heading
for the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6 of
title 23, United States Code, if the Secretary finds that such use of
the funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this heading, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded under this
heading shall be not less than $10,000,000 and not greater than
$200,000,000: Provided further, That not more than 25 percent of the
funds made available under this heading may be awarded to projects in a
single State: Provided further, That the Federal share of the costs
for which an expenditure is made under this heading shall be, at the
option of the recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That not less than 20 percent of the funds provided
under this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas, the minimum
grant size shall be $1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent: Provided further, That of the
amount made available under this heading, the Secretary may use an
amount not to exceed $35,000,000 for the planning, preparation or
design of projects eligible for funding under this heading: Provided
further, That grants awarded under the previous proviso shall not be
subject to a minimum grant size: Provided further, That projects
conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded under
this heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Federal Maritime Administration, to
fund the award and oversight of grants and credit assistance made under
the National Infrastructure Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $7,000,000, to remain available through September 30, 2015.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices, and
enhancement of cyber security workforce training tools, $4,455,000, to
remain available through September 30, 2015.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,551,000.
transportation planning, research, and development
(including rescissions)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $7,000,000: Provided, That
of the unobligated balances made available by Public Law 111-117,
$750,000 are hereby rescinded: Provided further, That of the
unobligated balances made available by section 195 of Public Law 111-
117, $2,000,000 are hereby rescinded.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $178,000,000 shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For the cost of guaranteed loans, $333,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $592,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,088,000, to remain available until September
30, 2015: Provided, That notwithstanding 49 U.S.C. 332, these funds
may be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $149,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to the
reduction of motorcycle fatalities.
Sec. 103. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, That the Department shall include adequate safeguards in
the contract with the vendors to ensure timely and high-quality
performance under the contract.
Sec. 104. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit
Council to record the decisions and actions of each meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$9,651,422,000, of which $6,495,208,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,311,790,000
shall be available for air traffic organization activities; not to
exceed $1,204,777,000 shall be available for aviation safety
activities; not to exceed $16,011,000 shall be available for commercial
space transportation activities; not to exceed $762,462,000 shall be
available for finance and management activities; not to exceed
$59,782,000 shall be available for NextGen and operations planning
activities; and not to exceed $296,600,000 shall be available for staff
offices: Provided, That not to exceed 2 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of
2 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $140,000,000 shall be
for the contract tower program, of which $10,350,000 is for the
contract tower cost share program: Provided further, That none of the
funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the
Working Capital Fund.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,600,000,000, of which $450,250,000 shall remain available until
September 30, 2014, and $2,149,750,000 shall remain available until
September 30, 2016: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That upon initial submission to the
Congress of the fiscal year 2015 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2015 through 2019,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
(including rescission)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $158,792,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2016: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That of the unobligated balances from prior year appropriations
available under this heading, $26,183,998 are rescinded.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,200,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2014, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $106,600,000 shall be
obligated for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$29,500,000 shall be available for Airport Technology Research, and
$5,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2014.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the FAA for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from a large
certified air carrier (as defined in part 241 of title 14 Code of
Federal Regulations, or such other regulations as may be issued by the
Secretary under the authority of section 41709) an amount equal to the
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
determines that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the Secretary under
part 241 of title 14, Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 118. Subparagraph (D) of section 47124(b)(3) of title 49,
United States Code, is amended by striking ``benefit.'' and inserting
``benefit, with the maximum allowable local cost share capped at 20
percent.''.
Sec. 119. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119A. None of the funds in this Act shall be available for
salaries and expenses of more than 8 political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119B. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the FAA provides to the House and Senate Committees
on Appropriations the report related to aeronautical navigation
products described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Sec. 119C. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119D. The Secretary shall (1) evaluate and adjust existing
helicopter routes above Los Angeles, and make adjustments to such
routes if the adjustments would lessen impacts on residential areas and
noise-sensitive landmarks; (2) analyze whether helicopters could safely
fly at higher altitudes in certain areas above Los Angeles County; (3)
develop and promote best practices for helicopter hovering and
electronic news gathering; (4) conduct outreach to helicopter pilots to
inform them of voluntary policies and to increase awareness of noise
sensitive areas and events; (5) work with local stakeholders to develop
a more comprehensive noise complaint system; and (6) continue to
participate in collaborative engagement between community
representatives and helicopter operators: Provided, That not later
than one year after enactment of this Act, the Secretary shall begin a
regulatory process related to the impact of helicopter use on the
quality of life and safety of the people of Los Angeles County unless
the Secretary can demonstrate significant progress in undertaking the
actions required under the previous proviso.
Sec. 119E. (a) Section 44302 of title 49, United States Code, is
amended in paragraph (f) by deleting ``the date specified in section
106(3) of the Continuing Appropriations Act, 2014'' and inserting
``September 30, 2014'' in lieu thereof.
(b) Section 44303 of title 49, United States Code, is amended in
paragraph (b) by deleting ``the date specified in section 106(3) of the
Continuing Appropriations Act, 2014'' and inserting ``September 30,
2014'' in lieu thereof.
(c) Section 44310 of title 49, United States Code, is amended in
paragraph (a) by deleting ``the date specified in section 106(3) of the
Continuing Appropriations Act, 2014'' and inserting ``September 30,
2014'' in lieu thereof.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $416,100,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed $3,248,000
shall be paid from appropriations made available by this Act and
transferred to the Appalachian Regional Commission in accordance with
section 104 of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of programs of
Federal-aid highways and highway safety construction programs
authorized under titles 23 and 49, United States Code, and the
provisions of Public Law 112-141 shall not exceed total obligations of
$40,256,000,000 for fiscal year 2014: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available for
such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highways and highway safety construction programs authorized under
title 23, United States Code, $40,995,000,000 derived from the Highway
Trust Fund (other than the Mass Transit Account), to remain available
until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2014, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under the Moving Ahead for Progress in the 21st Century
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (but, for each
of fiscal years 2005 through 2012, only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for
fiscal years 2013 and 2014, only in an amount equal to $639,000,000
for each of those fiscal years).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of the Moving Ahead
for Progress in the 21st Century Act) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of the Moving Ahead for Progress in the 21st
Century Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid Highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid Highways and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his
statutory authority, any Buy America requirement for Federal-aid
highway projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. (a) In General.--Except as provided in subsection (b),
none of the funds made available, limited, or otherwise affected by
this Act shall be used to approve or otherwise authorize the imposition
of any toll on any segment of highway located on the Federal-aid system
in the State of Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under title
23, United States Code; and
(3) is in actual operation as of the date of enactment of this
Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply to
any segment of highway on the Federal-aid system described in that
subsection that, as of the date on which a toll is imposed on the
segment, will have the same number of nontoll lanes as were in
existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to this
section, and shall not be considered to be a nontoll lane for
purposes of determining whether a highway will have fewer nontoll
lanes than prior to the date of imposition of the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane may
use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be replaced
by a toll lane under a plan approved by the appropriate county,
town, municipal or other local government entity, or public
toll road or transit authority.
Sec. 124. None of the funds in this Act to the Department of
Transportation may be used to provide credit assistance unless not less
than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 125. Section 149(m) of title 23, United States Code, is
amended by striking ``that was previously eligible under this section''
and replacing with ``for which CMAQ funding was made available,
obligated or expended in fiscal year 2012, and shall have no imposed
time limitation''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31104(i) of title 49, United States Code,
and sections 4127 and 4134 of Public Law 109-59, as amended by Public
Law 112-141, $259,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $259,000,000 for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2014, of which $9,000,000, to remain
available for obligation until September 30, 2016, is for the research
and technology program, and of which $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out section 4134 of
Public Law 109-59, and of which $34,545,000, to remain available for
obligation until September 30, 2016, is for information management:
Provided further, That the Federal Motor Carrier Safety Administration
shall transmit to Congress a report by March 28, 2014, on the agency's
ability to meet its requirement to conduct compliance reviews on
mandatory carriers.
national motor carrier safety
(limitation on obligations)
(highway trust fund)
Of the unobligated contract authority provided in the
Transportation Equity Act for the 21st Century (Public Law 105-178) or
other appropriation or authorization acts for the national motor
carrier safety program, $13,000,000 shall be made available for the
modernization and maintenance of border facilities and the total
limitation of these obligations shall not exceed $13,000,000.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, as amended by
Public Law 112-141, $313,000,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed total
obligations of $313,000,000 in fiscal year 2014 for ``Motor Carrier
Safety Grants''; of which $218,000,000 shall be available for the motor
carrier safety assistance program, $30,000,000 shall be available for
the commercial driver's license improvements program, $32,000,000 shall
be available for border enforcement grants, $5,000,000 shall be
available for the performance and registration information system
management program, $25,000,000 shall be available for the commercial
vehicle information systems and networks deployment program, and
$3,000,000 shall be available for the safety data improvement program:
Provided further, That, of the funds made available herein for the
motor carrier safety assistance program, $32,000,000 shall be available
for audits of new entrant motor carriers.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$134,000,000, of which $20,000,000 shall remain available through
September 30, 2015.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$123,500,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which, in
fiscal year 2014, are in excess of $123,500,000, of which $118,500,000
shall be for programs authorized under 23 U.S.C. 403 and $5,000,000
shall be for the National Driver Register authorized under chapter 303
of title 49, United States Code: Provided further, That within the
$118,500,000 obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2015, and shall
be in addition to the amount of any limitation imposed on obligations
for future years: Provided further, That $5,000,000 of the total
obligation limitation for operations and research in fiscal year 2014
shall be applied toward unobligated balances of contract authority
provided in prior Acts for carrying out the provisions of 23 U.S.C.
403, and chapter 303 of title 49, United States Code.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law 112-141, to
remain available until expended, $561,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal
year 2014, are in excess of $561,500,000 for programs authorized under
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law 112-141, of
which $235,000,000 shall be for ``Highway Safety Programs'' under 23
U.S.C. 402; $272,000,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405; $29,000,000 shall be for ``High
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59, as amended by Public Law 112-141; $25,500,000 shall be for
``Administrative Expenses'' under section 31101(a)(6) of Public Law
112-141: Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(1)(G), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(1)(G) within 60
days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $184,500,000, of which $12,400,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$35,250,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority to exist as long as any such direct
loan or loan guarantee is outstanding: Provided, That, pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2014.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, in amounts based on the
Secretary's assessment of the Corporation's seasonal cash flow
requirements, for the operation of intercity passenger rail, as
authorized by section 101 of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432),
$340,000,000, to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for the
Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the Corporation shall
transmit, in electronic format, to the Secretary and the House and
Senate Committees on Appropriations the annual budget, business plan,
the 5-Year Financial Plan for fiscal year 2014 required under section
204 of the Passenger Rail Investment and Improvement Act of 2008 and
the comprehensive fleet plan for all Amtrak rolling stock: Provided
further, That the budget, business plan and the 5-Year Financial Plan
shall include annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock consistent with
the comprehensive fleet plan: Provided further, That the Corporation
shall provide monthly performance reports in an electronic format which
shall describe the work completed to date, any changes to the business
plan, and the reasons for such changes as well as progress against the
milestones and target dates of the 2012 performance improvement plan:
Provided further, That the Corporation's budget, business plan, 5-Year
Financial Plan, semiannual reports, monthly reports, comprehensive
fleet plan and all supplemental reports or plans comply with
requirements in Public Law 112-55: Provided further, That none of the
funds provided in this Act may be used to support any route on which
Amtrak offers a discounted fare of more than 50 percent off the normal
peak fare: Provided further, That the preceding proviso does not apply
to routes where the operating loss as a result of the discount is
covered by a State and the State participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for capital investments as
authorized by section 101(c), 102, and 219(b) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $1,050,000,000, to remain available until expended, of which not
to exceed $199,000,000 shall be for debt service obligations as
authorized by section 102 of such Act: Provided, That of the amounts
made available under this heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act: Provided further,
That after an initial distribution of up to $200,000,000, which shall
be used by the Corporation as a working capital account, all remaining
funds shall be provided to the Corporation only on a reimbursable
basis: Provided further, That of the amounts made available under this
heading, up to $40,000,000 may be used by the Secretary to subsidize
operating losses of the Corporation should the funds provided under the
heading ``Operating Grants to the National Railroad Passenger
Corporation'' be insufficient to meet operational costs for fiscal year
2014: Provided further, That the Secretary may retain up to one-half
of 1 percent of the funds provided under this heading to fund the costs
of project management and oversight of activities authorized by
subsections 101(a) and 101(c) of division B of Public Law 110-432:
Provided further, That the Secretary shall approve funding for capital
expenditures, including advance purchase orders of materials, for the
Corporation only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to the
Secretary's satisfaction: Provided further, That except as otherwise
provided herein, none of the funds under this heading may be used to
subsidize operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital projects
not approved by the Secretary of Transportation or on the Corporation's
fiscal year 2014 business plan: Provided further, That in addition to
the project management oversight funds authorized under section 101(d)
of division B of Public Law 110-432, the Secretary may retain up to an
additional $5,000,000 of the funds provided under this heading to fund
expenses associated with implementing section 212 of division B of
Public Law 110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code.
next generation high-speed rail
(rescission)
Of the funds made available for Next Generation High Speed Rail, as
authorized by sections 1103 and 7201 of Public Law 105-178, $1,973,000
are hereby permanently rescinded: Provided, That no amounts may be
cancelled from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
northeast corridor improvement program
(rescission)
Of the funds made available for the Northeast Corridor Improvement
Program, as authorized by Public Law 94-210, $4,419,000 are hereby
permanently rescinded: Provided, That no amounts may be cancelled from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision of law,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation
in the event that the Corporation contracts to have services provided
at or from any location outside the United States. For purposes of this
section, the word ``services'' shall mean any service that was, as of
July 1, 2006, performed by a full-time or part-time Amtrak employee
whose base of employment is located within the United States.
Sec. 151. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment
as a result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and
shall remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 152. Notwithstanding any other provision of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount to be determined by the Secretary.
Sec. 153. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the president
of Amtrak may waive the cap set in the previous proviso for specific
employees when the president of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That Amtrak shall notify the House and Senate Committees on
Appropriations each quarter of the calendar year on waivers granted to
employees and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted: Provided
further, That Amtrak shall provide to the House and Senate Committees
on Appropriations by March 17, 2014, a summary of all overtime payments
incurred by the Corporation for 2013 and the two prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments the
Corporation paid to those employees receiving waivers for each month
for 2013 and for the two prior calendar years.
Sec. 154. Of the funds made available under Public Law 113-2 under
the heading ``Federal Railroad Administration, Grants to the National
Railroad Passenger Corporation'', the second proviso is amended by
deleting ``or any other Act''.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $105,933,000, of which not less than $4,000,000 shall be
available to carry out the provisions of 49 U.S.C. 5329 and not less
than $1,000,000 shall be available to carry out the provisions of 49
U.S.C. 5326: Provided, That none of the funds provided or limited in
this Act may be used to create a permanent office of transit security
under this heading: Provided further, That upon submission to the
Congress of the fiscal year 2015 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on New
Starts, including proposed allocations for fiscal year 2015.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by Public Law 112-141; and section 20005(b) of Public
Law 112-141, $9,500,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310,
5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended
by Public Law 112-141, and section 20005(b) of Public Law 112-141,
shall not exceed total obligations of $8,595,000,000 in fiscal year
2014.
transit research
For necessary expenses to carry out 49 U.S.C. 5312 and 5313,
$43,000,000, to remain available until expended: Provided, That
$40,000,000 shall be for activities authorized under 49 U.S.C. 5312 and
$3,000,000 shall be for activities authorized under 49 U.S.C. 5313.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314 and 5322(a), (b)
and (e), $5,000,000, to remain available until expended: Provided,
That $3,000,000 shall be for activities authorized under 49 U.S.C. 5314
and $2,000,000 shall be for activities authorized under 49 U.S.C.
5322(a), (b) and (e).
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309, $1,942,938,000,
to remain available until expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit Authority
only after receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the Secretary
shall determine that the Washington Metropolitan Area Transit Authority
has placed the highest priority on those investments that will improve
the safety of the system: Provided further, That the Secretary, in
order to ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of title VI of Public Law 110-432
(112 Stat. 4968).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the Federal Transit
Administration's discretionary program appropriations headings for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2018, and other recoveries,
shall be directed to projects eligible to use the funds for the
purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2013, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. The Secretary may not enforce regulations related to
charter bus service under part 604 of title 49, Code of Federal
Regulations, for any transit agency who during fiscal year 2008 was
both initially granted a 60-day period to come into compliance with
part 604, and then was subsequently granted an exception from said
part.
Sec. 164. For purposes of applying the project justification and
local financial commitment criteria of 49 U.S.C. 5309(d) to a New
Starts project, the Secretary may consider the costs and ridership of
any connected project in an instance in which private parties are
making significant financial contributions to the construction of the
connected project; additionally, the Secretary may consider the
significant financial contributions of private parties to the connected
project in calculating the non-Federal share of net capital project
costs for the New Starts project.
Sec. 165. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 60 percent.
Sec. 166. None of the funds in this Act may be available to
advance in any way a new fixed guideway capital project towards a full
funding grant agreement as defined by 49 U.S.C. 5309 for the
Metropolitan Transit Authority of Harris County, Texas if the proposed
capital project is constructed on or planned to be constructed on
Richmond Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
Sec. 167. Unobligated and recovered fiscal year 2010 through 2012
funds that were made available to carry out 49 U.S.C. 5339 shall be
available to carry out 49 U.S.C. 5309, as amended by Public Law 112-
141, subject to the terms and conditions required under such section.
Sec. 168. New bus rapid transit projects recommended in the
President's budget submission to the Congress of the United States for
funds appropriated under the heading ``capital investment grants'' in
this Act shall be funded from $93,269,369 in unobligated amounts that
were made available to carry out the discretionary bus and bus
facilities program under 49 U.S.C. 5309 in fiscal years 1999 through
2010: Provided, That all such projects shall remain subject to the
Capital Investment Grants Program requirements of 49 U.S.C. 5309 for
New Starts, Small Starts, or Core Capacity projects as applicable.
Sec. 169. Of the funds made available for the Formula Grants
program, as authorized by Public Law 97-424, as amended, $63,465,775
are hereby permanently rescinded: Provided, That of the funds made
available for the Formula Grants program, as authorized by Public Law
91-453, as amended, $795,307 are hereby permanently rescinded:
Provided further, That of the funds made available for the Formula
Grants program as authorized by Public Law 95-599, as amended, $928,838
are hereby permanently rescinded: Provided further, That of the funds
made available for the University Transportation Research program, as
authorized by Public Law 91-453, as amended, and by Public Law 102-240,
as amended, $595,619 are hereby permanently rescinded: Provided
further, That of the funds made available for the Job Access and
Reverse Commute program, as authorized by Public Law 105-178, as
amended, $15,704,469 are hereby permanently rescinded: Provided
further, That of the funds made available for the Capital Investment
Grants program, as authorized by Public Law 105-178, as amended,
$11,429,055 are hereby permanently rescinded: Provided further, That
of the funds made available for the Research, Training, and Human
Resources program, as authorized by Public Law 95-599, as amended,
$419,474 are hereby permanently rescinded: Provided further, That of
the funds made available for the Interstate Transfer Grants program, as
authorized by 23 U.S.C. 103(e)(4), $2,687,207 are hereby permanently
rescinded: Provided further, That of the funds made available for the
Washington Metropolitan Area Transit Authority, as authorized by
section 14 of Public Law 96-184, as amended, and by Public Law 101-551,
as amended, $523,107 are hereby permanently rescinded: Provided
further, That of the funds made available for the Urban Discretionary
Grants program, as authorized by Public Law 88-365, as amended,
$679,314 are hereby permanently rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $31,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662, and of which
$15,150,000 shall remain available until September 30, 2016, for the
Asset Renewal Program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $186,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $148,003,000, of which $11,300,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $2,400,000 shall remain
available through September 30, 2015, for Student Incentive Program
payments at State Maritime Academies, and of which $16,000,000 shall
remain available until expended for facilities maintenance and repair,
equipment, and capital improvements at the United State Merchant Marine
Academy: Provided, That amounts apportioned for the United States
Merchant Marine Academy shall be available only upon allotments made
personally by the Secretary of Transportation or the Assistant
Secretary for Budget and Programs: Provided further, That the
Superintendent, Deputy Superintendent and the Director of the Office of
Resource Management of the United State Merchant Marine Academy may not
be allotment holders for the United States Merchant Marine Academy, and
the Administrator of the Maritime Administration shall hold all
allotments made by the Secretary of Transportation or the Assistant
Secretary for Budget and Programs under the previous proviso: Provided
further, That 50 percent of the funding made available for the United
States Merchant Marine Academy under this heading shall be available
only after the Secretary, in consultation with the Superintendent and
the Maritime Administrator, completes a plan detailing by program or
activity how such funding will be expended at the Academy, and this
plan is submitted to the House and Senate Committees on Appropriations:
Provided further, That the Administrator shall submit a report to the
House and Senate Committees on Appropriations within 90 days of the
date of enactment of this Act detailing the current and future impacts
of reductions in government impelled cargo on the U.S. Merchant Marine
as a result of changes to cargo preference requirements included in the
Bipartisan Budget Act of 2013, the Moving Ahead for Progress in the
21st Century Act (MAP-21), the historical reductions in the P.L. 480
title II Food for Peace program, and the winding down of the wars in
Iraq and Afghanistan: Provided further, That the Secretary of
Transportation and the Administrator, in collaboration with the
Department of Defense, shall further develop a national sealift
strategy that ensures the long-term viability of the U.S. Merchant
Marine.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$4,800,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $38,500,000, of
which $35,000,000 shall remain available until expended: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That not to exceed $3,500,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in this Act
shall be used by the United States Department of Transportation or the
United States Maritime Administration to negotiate or otherwise
execute, enter into, facilitate or perform fee-for-service contracts
for vessel disposal, scrapping or recycling, unless there is no
qualified domestic ship recycler that will pay any sum of money to
purchase and scrap or recycle a vessel owned, operated or managed by
the Maritime Administration or that is part of the National Defense
Reserve Fleet. Such sales offers must be consistent with the
solicitation and provide that the work will be performed in a timely
manner at a facility qualified within the meaning of section 3502 of
Public Law 106-398. Nothing contained herein shall affect the Maritime
Administration's authority to award contracts at least cost to the
Federal Government and consistent with the requirements of 16 U.S.C.
5405(c), section 3502, or otherwise authorized under the Federal
Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $21,654,000, of which $639,000 shall
be derived from the Pipeline Safety Fund: Provided, That $1,500,000
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline
Safety Information Grants to Communities'' as authorized under section
60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $45,000,000, of which $2,300,000 shall remain available
until September 30, 2016: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
(pipeline safety design review fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$119,087,000, of which $18,573,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2016; and of which $98,514,000 shall be derived from the Pipeline
Safety Fund, of which $54,436,000 shall remain available until
September 30, 2016; and of which $2,000,000, to remain available until
expended, shall be derived from the Pipeline Safety Design Review Fund,
as authorized in 49 U.S.C. 60117(n): Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call state grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2015: Provided, That not more than $28,318,000
shall be made available for obligation in fiscal year 2014 from amounts
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $85,605,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading may be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso: Provided further,
That: (1) the Inspector General shall have the authority to audit and
investigate the Metropolitan Washington Airports Authority (MWAA); (2)
in carrying out these audits and investigations the Inspector General
shall have all the authorities described under section 6 of the
Inspector General Act (5 U.S.C. App.); (3) MWAA Board Members,
employees, contractors, and subcontractors shall cooperate and comply
with requests from the Inspector General, including providing testimony
and other information; (4) The Inspector General shall be permitted to
observe closed executive sessions of the MWAA Board of Directors; (5)
MWAA shall pay the expenses of the Inspector General, including staff
salaries and benefits and associated operating costs, which shall be
credited to this appropriation and remain available until expended; and
(6) if MWAA fails to make funds available to the Inspector General
within 30 days after a request for such funds is received, then the
Inspector General shall notify the Secretary of Transportation, who
shall not approve a grant for MWAA under section 47107(b) of title 49,
United States Code, until such funding is made available for the
Inspector General: Provided further, That hereafter funds transferred
to the Office of the Inspector General through forfeiture proceedings
or from the Department of Justice Assets Forfeiture Fund or the
Department of the Treasury Forfeiture Fund, as a participating agency,
as an equitable share from the forfeiture of property in investigations
in which the Office of Inspector General participates, or through the
granting of a Petition for Remission or Mitigation, shall be deposited
to the credit of this account for law enforcement activities authorized
under the Inspector General Act of 1978, as amended, to remain
available until expended.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2014, to
result in a final appropriation from the general fund estimated at no
more than $29,750,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account, the Federal Transit Administration's ``Technical
Assistance and Training'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 185. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive a discretionary grant award, any
discretionary grant award, letter of intent, or full funding grant
agreement is announced by the department or its modal administrations
from:
(1) any discretionary grant program of the Federal Highway
Administration including the emergency relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act: Provided, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with the
improper payment or payments is not readily available, the
Secretary may credit an appropriate account, which shall be
available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to an
appropriations account, the Secretary shall notify the House
and Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for purposes
of this section, the term ``improper payments'' has the same
meaning as that provided in section 2(d)(2) of Public Law 107-
300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the Committees on Appropriations, and said
reprogramming action shall be approved or denied solely by the
Committees on Appropriations: Provided, That the Secretary may provide
notice to other congressional committees of the action of the
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect any
filing fee for rate or practice complaints filed with the Board in an
amount in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 191. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 192. The unobligated balances of funds made available for
section 1307(d)(1) of Public Law 109-59, as amended (23 U.S.C. 322
note; 119 Stat. 1217; 122 Stat. 1577), shall be made available to the
Secretary of Transportation to make grants for projects as defined in
section 24401(2)(A) of title 49, United States Code and to carry out
sections 20158 and 26101(b) of title 49, United States Code: Provided,
That the Secretary shall make available no less than $20,000,000 for
corridor planning improvement grants as described in section 26101(b)
of title 49, United States Code: Provided further, That such corridor
planning improvement grants shall be available for passenger rail
corridors that have not completed a tier 1 environmental impact
statement within the last 10 years: Provided further, That the
Secretary may retain a portion of the funds made available for planning
activities to facilitate the preparation of a service development plan
and related environmental impact statement for rail corridors located
in multiple States.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2014''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,500,000:
Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for administration, management
and operations of offices of the Department of Housing and Urban
Development, $506,000,000, of which not to exceed $47,900,000 shall be
available for the Office of the Chief Financial Officer; not to exceed
$94,000,000 shall be available for the Office of the General Counsel;
not to exceed $197,400,000 shall be available for the Office of
Administration; not to exceed $53,700,000 shall be available for the
Office of the Chief Human Capital Officer; not to exceed $53,000,000
shall be available for the Office of Field Policy and Management; not
to exceed $16,500,000 shall be available for the Office of the Chief
Procurement Officer; not to exceed $3,200,000 shall be available for
the Office of Departmental Equal Employment Opportunity; not to exceed
$4,300,000 shall be available for the Office of Strategic Planning and
Management; and not to exceed $36,000,000 shall be available for the
Office of the Chief Information Officer: Provided further, That funds
provided under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefore, as authorized by U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that support the housing mission
area: Provided further, That the Secretary shall provide the
Committees on Appropriations quarterly written notification regarding
the status of pending congressional reports: Provided further, That
the Secretary shall provide all signed reports required by Congress
electronically.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $205,000,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $102,000,000.
housing
For necessary salaries and expenses of the Office of Housing,
$381,500,000, of which at least $8,000,000 shall be for the Office of
Risk and Regulatory Affairs: Provided, That the Secretary shall ensure
that an administrator of the Office of Manufactured Housing has been
selected and begun such administration within 120 days of enactment of
this Act: Provided further, That the funds made available under this
heading shall be reduced by $50,000 for each day that the Department is
in violation of the previous proviso and any such funds shall be
rescinded.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $22,000,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $69,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $7,000,000.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,177,218,000, to remain available until
expended, shall be available on October 1, 2013 (in addition to the
$4,000,000,000 previously appropriated under this heading that became
available on October 1, 2013), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2014: Provided, That
the amounts made available under this heading are provided as follows:
(1) $17,365,527,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2014 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and HOPE VI vouchers: Provided further, That in
determining calendar year 2014 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of changes
in targeting and utility allowances, on public housing agencies'
contract renewal needs: Provided further, That none of the funds
provided under this paragraph may be used to fund a total number of
unit months under lease which exceeds a public housing agency's
authorized level of units under contract, except for public housing
agencies participating in the Moving to Work (MTW) demonstration,
which are instead governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph), pro
rate each public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies based
on the allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2014: Provided further, That the Secretary may extend the
notification period with the prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW demonstration
shall be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That the Secretary may offset public
housing agencies' calendar year 2014 allocations based on the
excess amounts of public housing agencies' net restricted assets
accounts, including HUD held programmatic reserves (in accordance
with VMS data in calendar year 2013 that is verifiable and
complete), as determined by the Secretary: Provided further, That
the Secretary shall use any offset referred to in the previous
proviso throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $75,000,000 shall be available only: (1) for adjustments in
the allocations for public housing agencies, after application for
an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the 12-month period in order to be available
to meet a commitment pursuant to section 8(o)(13) of the Act; (3)
for adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; and (4) for public housing
agencies that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act, HOPE VI
and Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including replacement
and relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants currently
residing in section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an imminent health
and safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds:
Provided further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result of
(1) the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (2) the expiration of a rental assistance contract for
which the tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (3) the expiration of
affordability restrictions accompanying a mortgage or preservation
program administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk households
within 120 days of the enactment of this Act;
(3) $1,500,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $15,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section 8
programs, including fees associated with section 8 tenant
protection rental assistance, the administration of disaster
related vouchers, Veterans Affairs Supportive Housing vouchers, and
other special purpose incremental vouchers: Provided, That no less
than $1,485,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year 2014
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of
1998 (Public Law 105-276): Provided further, That if the amounts
made available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this paragraph
or may, to the extent necessary to provide full payment of amounts
determined under the previous proviso, utilize unobligated
balances, including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, notwithstanding the
purposes for which such amounts were appropriated: Provided
further, That all public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements, and
shall be subject to the same uniform percentage decrease as under
the previous proviso: Provided further, That amounts provided
under this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $106,691,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public housing
agencies under paragraph (3) of this heading;
(5) $75,000,000 for incremental rental voucher assistance for
use through a supported housing program administered in conjunction
with the Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided, That
the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 204 (competition
provision) of this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified
by the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available under
this paragraph shall continue to remain available for homeless
veterans upon turn-over; and
(6) The Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2014 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $1,875,000,000, to remain available until
September 30, 2017: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2014 the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $8,000,000 shall be to
support ongoing Public Housing Financial and Physical Assessment
activities: Provided further, That of the total amount provided under
this heading, not to exceed $20,000,000 shall be available for the
Secretary to make grants, notwithstanding section 204 of this Act, to
public housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or unpreventable
emergencies and natural disasters excluding Presidentially declared
emergencies and natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal
year 2014: Provided further, That of the total amount provided under
this heading $45,000,000 shall be for supportive services, service
coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this heading, up
to $15,000,000 may be used for incentives as part of a Jobs-Plus Pilot
initiative modeled after the Jobs-Plus demonstration: Provided
further, That the funding provided under the previous proviso shall
provide competitive grants to partnerships between public housing
authorities, local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998, and other agencies
and organizations that provide support to help public housing residents
obtain employment and increase earnings: Provided further, That
applicants must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and leverage
service dollars: Provided further, That the Secretary may set aside a
portion of the funds provided for the Resident Opportunity and Self-
Sufficiency program to support the services element of the Jobs-Plus
Pilot initiative: Provided further, That the Secretary may allow PHAs
to request exemptions from rent and income limitation requirements
under sections 3 and 6 of the United States Housing Act of 1937 as
necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for the
effective implementation of the Jobs-Plus Pilot initiative as a
voluntary program for residents: Provided further, That the Secretary
shall publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no later
than 10 days before the effective date of such notice: Provided
further, That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2014 to public
housing agencies that are designated high performers.
public housing operating fund
For 2014 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,400,000,000:
Provided, That in determining public housing agencies', including
Moving to Work agencies', calendar year 2014 funding allocations under
this heading, the Secretary shall take into account the impact of
changes to flat rents on public housing agencies' formula income
levels.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $90,000,000, to remain available until September 30, 2016:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall undertake comprehensive local planning
with input from residents and the community, and that grantees shall
provide a match in State, local, other Federal or private funds:
Provided further, That grantees may include local governments, tribal
entities, public housing authorities, and nonprofits: Provided
further, That for-profit developers may apply jointly with a public
entity: Provided further, That of the amount provided, not less than
$55,000,000 shall be awarded to public housing authorities: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or implementing
other revitalization efforts in conjunction with community notice and
input: Provided further, That the Secretary shall develop and publish
guidelines for the use of such competitive funds, including but not
limited to eligible activities, program requirements, and performance
metrics.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000:
Provided, That the Secretary may, by Federal Register notice, waive or
specify alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the operation of
a unified self-sufficiency program for individuals receiving assistance
under different provisions of the Act, as determined by the Secretary.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$650,000,000, to remain available until September 30, 2018: Provided,
That, notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $3,000,000 shall be contracted for assistance for
national or regional organizations representing Native American housing
interests for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities as
authorized under NAHASDA; and $2,000,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and management of such
Indian housing and tenant-based assistance, including up to $300,000
for related travel: Provided further, That of the amount provided
under this heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $16,530,000: Provided further, That
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to
remain available until expended: Provided, That of this amount,
$300,000 shall be for training and technical assistance activities,
including up to $100,000 for related travel by Hawaii-based employees
of the Department of Housing and Urban Development.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $6,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,818,000,000, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b)
and for such costs for loans used for refinancing, $100,000, to remain
available until expended: Provided, That such costs, including the
costs of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $18,868,000, to remain available until
expended.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $330,000,000, to remain available until September 30,
2015, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2016: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(3)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under each section, and if amounts
provided under this heading pursuant to such section are insufficient
to fund renewals for all such expiring contracts, then amounts made
available under this heading for formula grants pursuant to section
854(c)(1) shall be used to provide the balance of such renewal funding
before awarding funds for such formula grants: Provided further, That
the Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,100,000,000, to remain available until September 30,
2016, unless otherwise specified: Provided, That of the total amount
provided, $3,030,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That none of the funds made available under this heading may
be used for grants for the Economic Development Initiative (``EDI'') or
Neighborhood Initiatives activities, Rural Innovation Fund, or for
grants pursuant to section 107 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5307): Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That $70,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided further,
That of the amounts made available under the previous proviso,
$10,000,000 shall be for grants for mold remediation and prevention
that shall be awarded through one national competition to Native
American tribes with the greatest need.
empowerment zones/enterprise communities/renewal communities
(rescission)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading are hereby permanently rescinded.
community development loan guarantees program account
For the cost of guaranteed loans, $3,000,000, to remain available
until September 30, 2015, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That additionally, the Secretary may collect fees
from borrowers, notwithstanding subsection (m) of such section 108, and
any such fees shall be collected in accordance with section 502(7) of
the Congressional Budget Act of 1974: Provided further, That the funds
provided under this heading and any amounts from any such fees
collected are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $150,000,000, notwithstanding
any aggregate limitation on outstanding obligations guaranteed in
section 108(k) of the Housing and Community Development Act of 1974, as
amended.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,000,000,000, to remain available until September 30, 2016:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2 through 6
under this heading for fiscal year 2012 and such requirements
applicable pursuant to the ``Full-Year Continuing Appropriations Act,
2013'', shall not apply to any project to which funds were committed on
or after August 23, 2013, but such projects shall instead be governed
by the Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property Standards''
which became effective on such date: Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $50,000,000, to remain available
until September 30, 2016: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended: Provided further, That $35,000,000 shall be made available
for the second, third, and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of 1993 (42
U.S.C. 9816 note), of which not less than $5,000,000 shall be made
available for rural capacity-building activities: Provided further,
That $5,000,000 shall be made available for capacity building by
national rural housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments and Indian Tribes serving high need rural communities.
homeless assistance grants
(including transfer of funds)
For the emergency solutions grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the continuum of care program as authorized under subtitle
C of title IV of such Act; and the rural housing stability assistance
program as authorized under subtitle D of title IV of such Act,
$2,105,000,000, to remain available until September 30, 2016:
Provided, That any rental assistance amounts that are recaptured under
such continuum of care program shall remain available until expended:
Provided further, That not less than $250,000,000 of the funds
appropriated under this heading shall be available for such emergency
solutions grants program: Provided further, That not less than
$1,815,000,000 of the funds appropriated under this heading shall be
available for such continuum of care and rural housing stability
assistance programs: Provided further, That up to $6,000,000 of the
funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the continuum of care
program and the rural housing stability assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior years,
a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That the Secretary may renew on an
annual basis expiring contracts or amendments to contracts funded under
the continuum of care program if the program is determined to be needed
under the applicable continuum of care and meets appropriate program
requirements, performance measures, and financial standards, as
determined by the Secretary: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps, and
services funding through the Mental Health and Substance Abuse Block
Grant, Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if recaptured, for
continuum of care renewals in fiscal year 2014: Provided further, That
with respect to funds provided under this heading for the continuum of
care program for fiscal years 2012, 2013, and 2014, provision of
permanent housing rental assistance may be administered by private
nonprofit organizations: Provided further, That not later than 180
days after awarding fiscal year 2013 funds described in the previous
proviso to private nonprofit organizations, the Secretary of Housing
and Urban Development shall submit to the House and Senate Committees
on Appropriations, the House Committee on Financial Services, and the
Senate Committee on Banking, Housing, and Urban Affairs a report that
includes a review of the history of and need for the authority provided
in the previous proviso, the number and geographic distribution of
persons assisted under such actions, an analysis of the effectiveness,
advantages, and disadvantages of the authority under the previous
proviso and such other information as may be necessary to assess the
ongoing need for such authority: Provided further, That the Department
shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts allocated) for
the emergency solutions grant program within 60 days of enactment of
this Act.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$9,516,628,000, to remain available until expended, shall be available
on October 1, 2013 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2013),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2014: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $265,000,000 shall
be available for assistance agreements with performance-based contract
administrators for section 8 project-based assistance, for carrying out
42 U.S.C. 1437(f): Provided further, That the Secretary of Housing
and Urban Development may also use such amounts in the previous proviso
for performance-based contract administrators for the administration
of: interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance payments
(12 U.S.C. 1715z-1(f)(2)); project rental assistance contracts for the
elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under section
202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667):
Provided further, That amounts recaptured under this heading, the
heading ``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or amendments
to section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD to require that
surplus project funds be deposited in an interest-bearing residual
receipts account and that are in excess of an amount to be determined
by the Secretary, shall be remitted to the Department and deposited in
this account, to be available until expended: Provided further, That
amounts deposited pursuant to the previous proviso shall be available
in addition to the amount otherwise provided by this heading for uses
authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for senior preservation rental assistance
contracts, as authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for supportive
services associated with the housing, $383,500,000 to remain available
until September 30, 2017: Provided, That of the amount provided under
this heading, up to $72,000,000 shall be for service coordinators and
the continuation of existing congregate service grants for residents of
assisted housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided further,
That upon the request of the Secretary of Housing and Urban
Development, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract and that upon termination of such contract are in excess of an
amount to be determined by the Secretary shall be remitted to the
Department and deposited in this account, to be available until
September 30, 2017: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for the purposes
authorized under this heading and, together with such funds, may be
used by the Secretary for demonstration programs to test housing with
services models for the elderly that demonstrate the potential to delay
or avoid the need for nursing home care: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading may be
used for the current purposes authorized under this heading,
notwithstanding the purposes for which such funds were originally
appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project
assistance contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $126,000,000 to remain available until September 30, 2017:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the Secretary
of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 811
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
be available until September 30, 2017: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading may be
used for the current purposes authorized under this heading
notwithstanding the purposes for which such funds originally were
appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $45,000,000, including up to $4,500,000 for
administrative contract services: Provided, That grants made available
from amounts provided under this heading shall be awarded within 120
days of enactment of this Act: Provided further, That funds shall be
used for providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property maintenance,
financial management/literacy, and such other matters as may be
appropriate to assist them in improving their housing conditions,
meeting their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for housing
counselor training.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $21,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$3,500,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $7,530,000, to remain available until expended, of
which $6,530,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2014 so as to result
in a final fiscal year 2014 appropriation from the general fund
estimated at not more than $1,000,000 and fees pursuant to such section
620 shall be modified as necessary to ensure such a final fiscal year
2014 appropriation: Provided further, That for the dispute resolution
and installation programs, the Secretary of Housing and Urban
Development may assess and collect fees from any program participant:
Provided further, That such collections shall be deposited into the
Fund, and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses of
such Act: Provided further, That, notwithstanding the requirements of
section 620 of such Act, the Secretary may carry out responsibilities
of the Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2015: Provided, That during
fiscal year 2014, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $20,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund. For administrative contract expenses of the
Federal Housing Administration, $127,000,000, to remain available until
September 30, 2015: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2014, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in
no case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2015: Provided,
That during fiscal year 2014, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $20,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available until
September 30, 2015: Provided, That $19,500,000 shall be available for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments will and do exceed $155,000,000,000 on or
before April 1, 2014, an additional $100 for necessary salaries and
expenses shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That receipts
from Commitment and Multiclass fees collected pursuant to title III of
the National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $46,000,000, to remain available until September 30, 2015:
Provided, That with respect to amounts made available under this
heading, notwithstanding section 204 of this title, the Secretary may
enter into cooperative agreements funded with philanthropic entities,
other Federal agencies, or State or local governments and their
agencies for research projects: Provided further, That with respect to
the previous proviso, such partners to the cooperative agreements must
contribute at least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered into in
accordance with the previous two provisos, the Secretary of Housing and
Urban Development shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282, 31
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$66,000,000, to remain available until September 30, 2015, of which
$40,100,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training: Provided
further, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this heading,
$300,000 shall be available to the Secretary of Housing and Urban
Development for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$110,000,000, to remain available until September 30, 2015: Provided,
That up to $15,000,000 of that amount shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and
hazards: Provided further, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of the law that further the purposes
of such Act, a grant under the Healthy Homes Initiative, or the Lead
Technical Studies program under this heading or under prior
appropriations Acts for such purposes under this heading, shall be
considered to be funds for a special project for purposes of section
305(c) of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made available under
this heading, $45,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs: Provided
further, That each recipient of funds provided under the third proviso
shall make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in this or
prior appropriations Acts, and that still remain available, may be used
for any purpose under this heading notwithstanding the purpose for
which such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems,
for the continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-related
maintenance activities, $250,000,000, of which $205,000,000 shall
remain available until September 30, 2015, and of which $45,000,000
shall remain available until September 30, 2016 for Development,
Modernization and Enhancement: Provided, That any amounts transferred
to this Fund under this Act shall remain available until expended:
Provided further, That any amounts transferred to this Fund from
amounts appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 25 percent of the
funds made available under this heading for Development, Modernization
and Enhancement, including development and deployment of a Next
Generation Management System and development and deployment of
modernized Federal Housing Administration systems may be obligated
until the Secretary submits to the Committees on Appropriations and the
Comptroller General of the United States a plan for expenditure that--
(A) provides for all information technology investments: (i) the cost
and schedule baselines with explanations for each associated variance,
(ii) the status of functional and performance capabilities delivered or
planned to be delivered, and (iii) mitigation strategies to address
identified risks; (B) outlines activities to ensure strategic,
consistent, and effective application of information technology
management controls: (i) enterprise architecture, (ii) project
management, (iii) investment management, and (iv) human capital
management.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$125,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
Transformation Initiative
For necessary expenses of research, evaluation, and program metrics
activities; program demonstrations; and technical assistance and
capacity building, $40,000,000 to remain available until September 30,
2016: Provided, That prior to obligation of technical assistance and
capacity building funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how
it will allocate funding for this activity: Provided further, That
with respect to amounts made available under this heading for research,
evaluation and program metrics or program demonstrations,
notwithstanding section 204 of this title, the Secretary may enter into
cooperative agreements funded with philanthropic entities, other
Federal agencies, or State or local governments and their agencies for
such projects: Provided further, That with respect to the previous
proviso, such partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2014 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Sections 203 and 209 of division C of Public Law 112-55
(125 Stat. 693-694) shall apply during fiscal year 2014 as if such
sections were included in this title, except that during such fiscal
year such sections shall be applied by substituting ``fiscal year
2014'' for ``fiscal year 2011'' and ``fiscal year 2012'' each place
such terms appear.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2014 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 208. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 209. The President's formal budget request for fiscal year
2015, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 210. Paragraph (2)(B)(i) of section 3(a) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended--
(1) in the matter preceding subclause (I)--
(A) by striking ``Except as otherwise provided under this
clause, each'' and inserting ``Each''; and
(B) by inserting after ``which shall'' the following: ``not
be lower than 80 percent of the applicable fair market rental
established under section 8(c) of this Act and which shall'';
and
(2) by striking the undesignated matter following subclause
(II) and inserting the following: ``Public housing agencies must
comply by June 1, 2014, with the requirement of this clause, except
that if a new flat rental amount for a dwelling unit will increase
a family's existing rental payment by more than 35 percent, the new
flat rental amount shall be phased in as necessary to ensure that
the family's existing rental payment does not increase by more than
35 percent annually. The preceding sentence shall not be construed
to require establishment of rental amounts equal to 80 percent of
the fair market rental in years when the fair market rental falls
from the prior year.''.
Sec. 211. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California and the
States of Alaska, Iowa and Mississippi that chooses not to include a
resident of public housing or a recipient of section 8 assistance on
the board of directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the
public housing agency or other administering entity on issues related
to public housing and section 8. Such advisory board shall meet not
less than quarterly.
Sec. 212. Subparagraph (A) of section 3(b)(6) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(A)) is amended by inserting
before the period at the end the following: ``, or a consortium of such
entities or bodies as approved by the Secretary''.
Sec. 213. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 214. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2014 and
2015, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: the
number of low-income and very low-income units and the
configuration (i.e. bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: the
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended) of
any FHA-insured mortgage, except to the extent that appropriations
are provided in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the Cranston-
Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable Housing
Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than 30
days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the transfer
authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical
and financial conditions, and long-term preservation of the
affected properties.
Sec. 215. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 216. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 217. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2014, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 218. Notwithstanding any other provision of law, in fiscal
year 2014, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 219. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of 1959 (12
U.S.C. 1701q) after December 26, 2000, in accordance with the
unnumbered paragraph at the end of section 202(b) of such Act, may, at
its option, establish a single-asset nonprofit entity to own the
project and may lend the grant funds to such entity, which may be a
private nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 220. (a) Inspections.--Section 8(o)(8) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (G); and
(2) by striking subparagraph (D) and inserting the following
new subparagraphs:
``(D) Biennial inspections.--
``(i) Requirement.--Each public housing agency
providing assistance under this subsection (or other
entity, as provided in paragraph (11)) shall, for each
assisted dwelling unit, make inspections not less often
than biennially during the term of the housing assistance
payments contract for the unit to determine whether the
unit is maintained in accordance with the requirements
under subparagraph (A).
``(ii) Use of alternative inspection method.--The
requirements under clause (i) may be complied with by use
of inspections that qualify as an alternative inspection
method pursuant to subparagraph (E).
``(iii) Records.--The public housing agency (or other
entity) shall retain the records of the inspection for a
reasonable time, as determined by the Secretary, and shall
make the records available upon request to the Secretary,
the Inspector General for the Department of Housing and
Urban Development, and any auditor conducting an audit
under section 5(h).
``(iv) Mixed-finance properties.--The Secretary may
adjust the frequency of inspections for mixed-finance
properties assisted with vouchers under paragraph (13) to
facilitate the use of the alternative inspections in
subparagraph (E).
``(E) Alternative inspection method.--An inspection of a
property shall qualify as an alternative inspection method for
purposes of this subparagraph if--
``(i) the inspection was conducted pursuant to
requirements under a Federal, State, or local housing
program (including the Home investment partnership program
under title II of the Cranston-Gonzalez National Affordable
Housing Act and the low-income housing tax credit program
under section 42 of the Internal Revenue Code of 1986); and
``(ii) pursuant to such inspection, the property was
determined to meet the standards or requirements regarding
housing quality or safety applicable to properties assisted
under such program, and, if a non-Federal standard or
requirement was used, the public housing agency has
certified to the Secretary that such standard or
requirement provides the same (or greater) protection to
occupants of dwelling units meeting such standard or
requirement as would the housing quality standards under
subparagraph (B).
``(F) Interim inspections.--Upon notification to the public
housing agency, by a family (on whose behalf tenant-based
rental assistance is provided under this subsection) or by a
government official, that the dwelling unit for which such
assistance is provided does not comply with the housing quality
standards under subparagraph (B), the public housing agency
shall inspect the dwelling unit--
``(i) in the case of any condition that is life-
threatening, within 24 hours after the agency's receipt of
such notification, unless waived by the Secretary in
extraordinary circumstances; and
``(ii) in the case of any condition that is not life-
threatening, within a reasonable time frame, as determined
by the Secretary.''.
(b) Effective Date.--The amendments in subsection (a) shall take
effect upon such date as the Secretary determines, in the Secretary's
sole discretion, through the Secretary's publication of such date in
the Federal Register, as part of regulations promulgated, or a notice
issued, by the Secretary to implement such amendments.
Sec. 221. The commitment authority provided under the heading
``Community Development Loan Guarantees Program Account'' may be used
to guarantee, or make commitments to guarantee, notes, or other
obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That any State receiving such a guarantee or commitment shall
distribute all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the commitment.
Sec. 222. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 223. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 224. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD sub-office under the accounts ``Executive
Offices'' and ``Administrative Support Offices,'' as well as each
account receiving appropriations for ``Program Office Salaries and
Expenses'' within the Department of Housing and Urban Development.
Sec. 225. The Secretary of Housing and Urban Development shall
report annually to the House and Senate Committees on Appropriations on
the status of all section 8 project-based housing, including the number
of all project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-to-Market
program. The Secretary shall in the report identify all existing units
maintained by region as section 8 project-based units and all project-
based units that have opted out of section 8 or have otherwise been
eliminated as section 8 project-based units. The Secretary shall
identify in detail and by project all the efforts made by the
Department to preserve all section 8 project-based housing units and
all the reasons for any units which opted out or otherwise were lost as
section 8 project-based units. Such analysis shall include a review of
the impact of the loss of any subsidized units in that housing
marketplace, such as the impact of cost and the loss of available
subsidized, low-income housing in areas with scarce housing resources
for low-income families.
Sec. 226. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2014 and subsequent fiscal years,
notify the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the availability
of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2014 and subsequent fiscal years, the Secretary may make
the NOFA available only on the Internet at the appropriate Government
Web site or through other electronic media, as determined by the
Secretary.
Sec. 227. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and Urban
Development is authorized to transfer up to 5 percent or $5,000,000,
whichever is less, of the funds appropriated for any office funded
under the heading ``Administrative Support Offices'' to any other
office funded under such heading: Provided, That no appropriation for
any office funded under the heading ``Administrative Support Offices''
shall be increased or decreased by more than 5 percent or $5,000,000,
whichever is less, without prior written approval of the House and
Senate Committees on Appropriations: Provided further, That the
Secretary is authorized to transfer up to 5 percent or $5,000,000,
whichever is less, of the funds appropriated for any account funded
under the general heading ``Program Office Salaries and Expenses'' to
any other account funded under such heading: Provided further, That no
appropriation for any account funded under the general heading
``Program Office Salaries and Expenses'' shall be increased or
decreased by more than 5 percent or $5,000,000, whichever is less,
without prior written approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary may transfer
funds made available for salaries and expenses between any office
funded under the heading ``Administrative Support Offices'' and any
account funded under the general heading ``Program Office Salaries and
Expenses'', but only with the prior written approval of the House and
Senate Committees on Appropriations.
Sec. 229. The Disaster Housing Assistance Programs, administered
by the Department of Housing and Urban Development, shall be considered
a ``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
Sec. 230. (a) The Secretary of Housing and Urban Development shall
take the required actions under subsection (b) when a multifamily
housing project with a section 8 contract or contract for similar
project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score of 30
or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days that
all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the united States
housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions as
authorized under subsection (a)--
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations remain,
the Secretary shall develop a Compliance, Disposition and
Enforcement Plan within 60 days, with a specified timetable for
correcting all deficiencies. The Secretary shall provide notice of
the Plan to the owner, tenants, the local government, any
mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance, Disposition and
Enforcement Plan, if the owner fails to fully comply with such
plan, the Secretary may require immediate replacement of project
management with a management agent approved by the Secretary, and
shall take one or more of the following actions, and provide
additional notice of those actions to the owner and the parties
specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered; or
(D) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies.
(c) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other remedies set
forth above. To the extent the Secretary determines, in consultation
with the tenants and the local government, that the property is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall report semi-annually on all properties covered by this
section that are assessed through the Real Estate Assessment Center and
have physical inspection scores of less than 30 or have consecutive
physical inspection scores of less than 60. The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 231. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, for the chief
executive officer of which, or any other official or employee of which,
that exceeds the annual rate of basic pay payable for a position at
level IV of the Executive Schedule at any time during any public
housing agency fiscal year 2014.
Sec. 232. Title II of division K of Public Law 110-161 is amended
by striking the item related to ``Flexible Subsidy Fund''.
Sec. 233. Paragraph (1) of section 242(i) of the National Housing
Act (12 U.S.C. 1715z-7(i)(1)) is amended by striking ``July 31, 2011''
and inserting ``July 31, 2016''.
Sec. 234. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and all
that follows through the period at the end and inserting ``fiscal
year 2014.''; and
(2) in subsection (o), by striking ``September'' and all that
follows through the period at the end and inserting ``September 30,
2014.''.
Sec. 235. Of the amounts made available for salaries and expenses
under all accounts under this title (except for the Office of Inspector
General account), a total of up to $5,000,000 may be transferred to and
merged with amounts made available in the ``Information Technology
Fund'' account under this title.
Sec. 236. The proviso under the ``Community Development Fund''
heading in Public Laws 109-148, 109-234, 110-252, and 110-329 which
requires the Secretary to establish procedures to prevent duplication
of benefits and to report to the Committees on Appropriations on all
steps to prevent fraud and abuse is amended by striking ``quarterly''
and inserting ``annually''.
Sec. 237. None of the funds in this Act may be available for the
doctoral dissertation research grant program at the Department of
Housing and Urban Development.
Sec. 238. (a) Section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a) is amended--
(1) in paragraph (2), by designating the first sentence as
subparagraph (A), the second sentence as subparagraph (B), and the
remaining sentences as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph (C):
``(C) The term extremely low-income families means very
low-income families whose incomes do not exceed the higher of--
``(i) the poverty guidelines updated periodically by
the Department of Health and Human Services under the
authority of section 673(2) of the Community Services Block
Grant Act applicable to a family of the size involved
(except that this clause shall not apply in the case of
public housing agencies or projects located in Puerto Rico
or any other territory or possession of the United States);
or
``(ii) 30 percent of the median family income for the
area, as determined by the Secretary, with adjustments for
smaller and larger families (except that the Secretary may
establish income ceilings higher or lower than 30 percent
of the median for the area on the basis of the Secretary's
findings that such variations are necessary because of
unusually high or low family incomes).''; and
(b) Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended--
(1) in subsection (a)(2)(A);
(2) in subsection (b)(1); and
(3) in subsection (c)(3), by striking ``families whose
incomes'' and all that follows through ``low family incomes'' and
inserting ``extremely low-income families''.
Sec. 239. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55) is amended in the
penultimate proviso by striking ``and 2013,'' and inserting ``through
December 31, 2014''.
Sec. 240. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 241. Section 202(f)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(f)(2)) is amended--
(a) in paragraph (A)--
(1) by striking the matter before clause (i) and inserting the
following: ``The Secretary shall establish procedures to delegate
the award, review and processing of projects, selected by the
Secretary in a national competition, to a State or local housing
agency that--''; and
(2) in clause (iii), by striking ``capital advance'' and
inserting ``funding'', and by replacing the comma with a semi-
colon;
(b) in subparagraph (B), by striking ``capital advances'' and
inserting ``funding under this section'';
(c) in subparagraph (C), by striking the first sentence;
(d) by redesignating subparagraph (D) as subparagraph (E), and in
the redesignated subparagraph (E)--
(1) by striking ``a capital advance'' and inserting ``funding
under this section''; and
(2) by striking ``capital advance amounts or project rental
assistance'' and inserting ``funding under this section''; and
(e) by inserting the following new subparagraph after subparagraph
(C):
``(D) Assistance under subsection (c)(2) may be provided
for projects which identify in the application for assistance a
defined health and other supportive services program including
sources of financing the services for eligible residents and
memoranda of understanding with service provision agencies and
organizations to provide such services for eligible residents
at their request. Such supportive services plan and memoranda
of understating shall--
``(i) identify the target populations to be served by
the project;
``(ii) set forth methods for outreach and referral;
``(iii) identify the health and other supportive
services to be provided; and
``(iv) identify the terms under which such services
will be made available to residents of the project.''.
Sec. 242. Section 8(o)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(2)), is amended by adding at the end the following
new subparagraph:
``(D) Utility allowance.--
``(i) General.--In determining the monthly assistance
payment for a family under subparagraphs (A) and (B), the
amount allowed for tenant-paid utilities shall not exceed
the appropriate utility allowance for the family unit size
as determined by the public housing agency regardless of
the size of the dwelling unit leased by the family.
``(ii) Exception for families in including persons with
disabilities.--Notwithstanding subparagraph (A), upon
request by a family that includes a person with
disabilities, the public housing agency shall approve a
utility allowance that is higher than the applicable amount
on the utility allowance schedule if a higher utility
allowance is needed as a reasonable accommodation to make
the program accessible to and usable by the family member
with a disability.''.
Sec. 243. The Secretary shall establish by notice such
requirements as may be necessary to implement sections 210, 212, 220,
238, and 242 under this title and the notice shall take effect upon
issuance: Provided, That the Secretary shall commence rulemaking based
on the initial notice no later than the expiration of the 6-month
period following issuance of the notice and the rulemaking shall allow
for the opportunity for public comment.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2014''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $7,448,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $24,669,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,499,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget request
for fiscal year 2015, the Inspector General shall submit to the House
and Senate Committees on Appropriations a budget request for fiscal
year 2015 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$103,027,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $136,600,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That in addition, $67,500,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC'') shall
make grants to counseling intermediaries approved by the Department
of Housing and Urban Development (HUD) (with match to be determined
by the NRC based on affordability and the economic conditions of an
area; a match also may be waived by the NRC based on the
aforementioned conditions) to provide mortgage foreclosure
mitigation assistance primarily to States and areas with high rates
of defaults and foreclosures to help eliminate the default and
foreclosure of mortgages of owner-occupied single-family homes that
are at risk of such foreclosure. Other than areas with high rates
of defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic analysis
of the Nation by the NRC which determines where there is a
prevalence of mortgages that are risky and likely to fail,
including any trends for mortgages that are likely to default and
face foreclosure. A State Housing Finance Agency may also be
eligible where the State Housing Finance Agency meets all the
requirements under this paragraph. A HUD-approved counseling
intermediary shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by the NRC, and
shall be approved by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with mortgages
in default or in danger of default. These mortgages shall likely be
subject to a foreclosure action and homeowners will be provided
such assistance that shall consist of activities that are likely to
prevent foreclosures and result in the long-term affordability of
the mortgage retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any other direct
debt reduction payments.
(3) The use of mortgage foreclosure mitigation assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding the
assumption of the mortgage by another non-Federal party, counseling
regarding the possible purchase of the mortgage by a non-Federal
third party, counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy by
all interested parties.
(4) NRC may provide up to 15 percent of the total funds under
this paragraph to its own charter members with expertise in
foreclosure prevention counseling, subject to a certification by
the NRC that the procedures for selection do not consist of any
procedures or activities that could be construed as an unacceptable
conflict of interest or have the appearance of impropriety.
(5) HUD-approved counseling entities and State Housing Finance
Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity, outreach
capacity, past successful performance and positive outcomes with
documented counseling plans (including post mortgage foreclosure
mitigation counseling), loan workout agreements and loan
modification agreements. NRC may use other criteria to demonstrate
capacity in underserved areas.
(6) Of the total amount made available under this paragraph, up
to $3,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except that
private financial institutions that participate in NRC training
shall pay market rates for such training.
(7) Of the total amount made available under this paragraph, up
to 5 percent may be used for associated administrative expenses for
the NRC to carry out activities provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) The NRC shall continue to report bi-annually to the House
and Senate Committees on Appropriations as well as the Senate
Banking Committee and House Financial Services Committee on its
efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,500,000. Title II of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11319) is amended by striking ``October 1, 2015'' in section 209
and inserting ``October 1, 2016''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2014, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
explanatory statement accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and
Senate Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include:
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2014 from appropriations made available for salaries
and expenses for fiscal year 2014 in this Act, shall remain available
through September 30, 2015, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees
on Appropriations on all sole-source contracts by no later than July
30, 2014. Such report shall include the contractor, the amount of the
contract and the rationale for using a sole-source contract.
Sec. 409. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 410. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 411. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 412. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 413. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 414. None of the funds made available under this Act or any
prior Act may be provided to the Association of Community Organizations
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or
allied organizations.
Sec. 415. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 416. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation with any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 417. It is the sense of the Congress that the Congress should
not pass any legislation that authorizes spending cuts that would
increase poverty in the United States.
Sec. 418. All agencies and departments funded by the Act shall
send to Congress at the end of the fiscal year a report containing a
complete inventory of the total number of vehicles owned, leased,
permanently retired, and purchased during fiscal year 2014, as well as
the total cost of the vehicle fleet, including maintenance, fuel,
storage, purchasing, and leasing.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2014''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.