[Congressional Record Volume 160, Number 9 (Wednesday, January 15, 2014)]
[House]
[Pages H255-H452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPACE LAUNCH LIABILITY INDEMNIFICATION EXTENSION ACT
Mr. ROGERS of Kentucky. Madam Speaker, pursuant to House Resolution
458, I call up the bill (H.R. 3547) to extend the application of
certain space launch liability provisions through
[[Page H256]]
2014, with the Senate amendments thereto, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Ros-Lehtinen). The Clerk will designate
the Senate amendments.
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. LAUNCH LIABILITY EXTENSION.
Section 50915(f) of title 51, United States Code, is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2016''.
Amend the title so as to read: ``A bill to extend
Government liability, subject to appropriation, for certain
third-party claims arising from commercial space launches.''.
Motion Offered by Mr. Rogers of Kentucky
Mr. ROGERS of Kentucky. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Rogers of Kentucky moves that the House concur in the
Senate amendment to the title of H.R. 3547 and concur in the
Senate amendment to the text of H.R. 3547 with an amendment
inserting the text of Rules Committee Print 113-32, as
modified by section 6 of House Resolution 458, in lieu of the
matter proposed to be inserted by the Senate.
The text of the House amendment to the Senate amendments to the text
is as follows:
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
[[Page H257]]
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
[[Page H258]]
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
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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:
[[Page H260]]
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
[[Page H261]]
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
[[Page H262]]
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.
[[Page H263]]
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
[[Page H264]]
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
[[Page H265]]
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
[[Page H266]]
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.
[[Page H267]]
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),
[[Page H268]]
$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
[[Page H269]]
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
[[Page H270]]
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.
[[Page H271]]
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
[[Page H272]]
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;
[[Page H273]]
(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
[[Page H274]]
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
[[Page H275]]
$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
[[Page H276]]
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
[[Page H277]]
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
[[Page H278]]
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
[[Page H279]]
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:
[[Page H280]]
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
[[Page H281]]
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
[[Page H282]]
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
[[Page H283]]
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
[[Page H284]]
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.
[[Page H285]]
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.
[[Page H286]]
(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);
[[Page H287]]
(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
[[Page H288]]
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)
[[Page H289]]
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
[[Page H290]]
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
[[Page H291]]
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.
[[Page H292]]
(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
[[Page H293]]
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.
[[Page H294]]
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
[[Page H295]]
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.
[[Page H296]]
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.
[[Page H297]]
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
SECTION 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)(A) of title 10, United States Code, is amended by
inserting
[[Page H298]]
``(but without the application of section 1401a(b)(4) of this
title)'' after ``under any other provision of law''.
(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.
[[Page H299]]
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
[[Page H300]]
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
[[Page H301]]
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
[[Page H302]]
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
[[Page H303]]
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,
[[Page H304]]
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
[[Page H305]]
(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.
[[Page H306]]
(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
[[Page H307]]
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
[[Page H308]]
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.
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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.
[[Page H310]]
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
[[Page H311]]
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
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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
[[Page H313]]
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
[[Page H314]]
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
[[Page H315]]
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,
[[Page H316]]
$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
[[Page H317]]
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
[[Page H318]]
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
[[Page H319]]
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.
[[Page H320]]
(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;
[[Page H321]]
(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.
[[Page H322]]
(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
[[Page H323]]
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
[[Page H324]]
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
[[Page H325]]
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
[[Page H326]]
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;
[[Page H327]]
(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
[[Page H328]]
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.
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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;
[[Page H330]]
(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.
[[Page H331]]
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
[[Page H332]]
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
[[Page H333]]
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
[[Page H334]]
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
[[Page H335]]
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;
[[Page H336]]
(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--
[[Page H337]]
(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
[[Page H338]]
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
[[Page H339]]
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
[[Page H340]]
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.
[[Page H341]]
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
[[Page H342]]
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
[[Page H343]]
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
[[Page H344]]
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
[[Page H345]]
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;
[[Page H346]]
(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,
[[Page H347]]
$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
[[Page H348]]
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
[[Page H349]]
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
[[Page H350]]
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.
[[Page H351]]
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
[[Page H352]]
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.
[[Page H353]]
(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
[[Page H354]]
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;
[[Page H355]]
(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:
[[Page H356]]
(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
[[Page H357]]
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.''
[[Page H358]]
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.
[[Page H359]]
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.
[[Page H360]]
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.
[[Page H361]]
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,
[[Page H362]]
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
[[Page H363]]
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.
[[Page H364]]
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
[[Page H365]]
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
[[Page H366]]
$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
[[Page H367]]
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
[[Page H368]]
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
[[Page H369]]
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,
[[Page H370]]
$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
[[Page H371]]
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--
[[Page H372]]
(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);
[[Page H373]]
(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.
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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',
[[Page H375]]
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,
[[Page H376]]
$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
[[Page H377]]
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
[[Page H378]]
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
[[Page H379]]
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.
[[Page H380]]
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
[[Page H381]]
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;
[[Page H382]]
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.
[[Page H383]]
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
[[Page H384]]
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
[[Page H385]]
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
[[Page H386]]
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
[[Page H387]]
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
[[Page H388]]
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,
[[Page H389]]
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
[[Page H390]]
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,
[[Page H391]]
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,
[[Page H392]]
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.
[[Page H393]]
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.
[[Page H394]]
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
[[Page H395]]
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
[[Page H396]]
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
[[Page H397]]
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.--
[[Page H398]]
(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
[[Page H399]]
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
[[Page H400]]
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
[[Page H401]]
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;
[[Page H402]]
(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:
[[Page H403]]
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
[[Page H404]]
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
[[Page H405]]
(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
[[Page H406]]
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
[[Page H407]]
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--
[[Page H408]]
(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
[[Page H409]]
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.
[[Page H410]]
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
[[Page H411]]
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,
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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
[[Page H413]]
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.
[[Page H414]]
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
[[Page H415]]
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;''.
[[Page H416]]
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
[[Page H417]]
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.
[[Page H418]]
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,
[[Page H419]]
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
[[Page H420]]
(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).
[[Page H421]]
(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
[[Page H422]]
$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
[[Page H423]]
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
[[Page H424]]
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
[[Page H425]]
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
[[Page H426]]
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
[[Page H427]]
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
[[Page H428]]
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
[[Page H429]]
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
[[Page H430]]
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
[[Page H431]]
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
[[Page H432]]
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
[[Page H433]]
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
[[Page H434]]
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
[[Page H435]]
(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.
[[Page H436]]
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
[[Page H437]]
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''.
The SPEAKER pro tempore. Pursuant to House Resolution 458, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. ROGERS of Kentucky. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the consideration of
H.R. 3547, and that I may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I
may consume.
I rise today to bring to the floor, Madam Speaker, an amendment to
the Senate amendment to H.R. 3547. This is the consolidated
appropriations package that will fund the government for the remainder
of the 2014 fiscal year.
This omnibus contains all 12 regular appropriations bills for fiscal
year 2014--funding every aspect of the Federal Government, from our
national defense to critical transportation infrastructure to the
education of our kids. In total, it provides $1.012 trillion in
discretionary funding--the same level delineated in the Ryan-Murray
budget agreement.
I am pleased that Senator Mikulski and I were able to come to this
fair, bipartisan agreement on funding the government. Although our
differences were many and our deadlines short, we were able to come
together to draft a solid piece of legislation that meets the
guidelines of the Ryan-Murray agreement and keeps the government open.
I understand that not everyone will like everything in this bill.
That is the nature of compromise. But I believe this legislation
reflects the best possible outcome. We made responsible choices to
realign the Nation's funding priorities, targeting precious tax dollars
to where they are needed the most.
We have continued the 4-year trend of reducing Federal discretionary
spending, making a total of $165 billion in cuts since fiscal year
2010. In fact, this is the fourth straight year that we have cut
discretionary spending. That has not happened since the Korean war. And
we have remained committed on our side to our Republican principles:
reducing regulatory burdens, fortifying our national security, and
enforcing stringent oversight on the executive branch.
Throughout the bill, we have maintained pro-life policies and
protected Second Amendment rights. We have made sure that this bill
provides no new funding for ObamaCare, and have even cut existing
ObamaCare funds to the tune of over $1 billion.
The Appropriations Committees in the House and Senate, working side-
by-side, went line-by-line through thousands of agencies and the 12
regular appropriations bills to make sure that each program was weighed
individually and received a funding level that supports their most
current needs.
We have prioritized funding for the most important and effective
programs and reduced lower-priority programs at
[[Page H438]]
the same time. For example, we did not include any funding for high-
speed rail or three new Department of Homeland Security headquarter
buildings, but we targeted funding to essential national defense
activities, critical law enforcement programs, and lifesaving efforts,
such as medical research.
This bill also includes an important provision fixing the Bipartisan
Budget Act to ensure that those who have given the most in military
service, the approximately 630,000 medically retired personnel and
survivor benefit plan recipients, our disabled veterans, receive their
full yearly cost-of-living increase.
Before I close, Madam Speaker, I would like to take a moment to thank
the many, many people who were integral in getting this bill to the
floor today.
First, I thank the ranking member of the Appropriations Committee,
Mrs. Lowey. Thanks to her partnership and her dedication, we were able
to wrap up this omnibus by the deadline, and I know her drive extends
to our next challenge--the 2015 bills that we will start next month. In
fact, the passage of this bill will allow the Appropriations Committee
to get back to regular order, as they say, get the train back on track
so that this coming year we can do 12 individual bills brought to the
floor separately, as is the practice and is required. I want to thank
her for her leadership in helping us get to that point.
Secondly, our counterparts in the Senate, whose open-minded approach
to negotiations led to many honest and reasonable discussions
throughout the many stages of this process. I don't know any
appropriations bill that has gone through as many reasonable tests and,
I think, wise decision processes as went into this bill. So I
appreciated the work of the gentlelady on the Senate side, the chairman
of the committee there, Ms. Mikulski, and Senator Shelby of Alabama. We
had wonderful times at Christmas and New Year's. Next time, as much as
I love these people, I would rather be with my family.
Lastly, I want to thank the members and the staffs of the committee.
They gave up countless hours of family time at Christmas, New Year's,
and during the holidays in order to complete this bill. They really are
the A-team. I am lucky to have all of them working for this committee.
Without their hard work, expertise on the issues, and their commitment
to this legislation, we would not be here today. We should all be
grateful for their service. I hope that you will say something to them
as you pass.
I would particularly like to recognize the clerk of the Agriculture
Subcommittee, Martin Delgado. After 16 years, this is his last bill
with the committee. How fortunate we have been to have him until the
end. No one knows the ins and outs of Agriculture appropriations like
he does. He is a true expert in every sense of the word. We will miss
him dearly and wish him Godspeed.
Let me also mention the chief clerk of the committee, Will Smith, who
sits beside me. He has led the effort from day one. He has put in
untold numbers of hours--day and night, weekends, all-nights--to bring
us to this point. He has been a great staff leader. He has done a
fantastic job. I want you to say something to him.
On the other side of the aisle, his counterpart, David Pomerantz has
been a terrific asset to the committee and to piecing together this
very difficult, complex bill. We want to say thank you to David
Pomerantz for his great work.
Jim Kulikowski, who also sits beside me, the number two clerk in the
committee, has been invaluable in getting us to this point.
Madam Speaker, in closing, I would like to once again remind our
colleagues that providing funding for our Federal Government is one of
our chief duties as Members of Congress. In fact, I think it is the
chief duty, one that we can't shirk. The people elected us to fulfill
this duty and govern. To govern, you have got to pass these funding
bills for the government.
As we pass these funding bills, the imprint of Members of Congress on
these funding bills directs agencies of the executive branch to follow
the will of the people represented here in this body. So this bill is a
reflection of the need for Members of Congress, under the Constitution,
to decide how and when and why money is spent by the executive branch.
The people elected us to fulfill that duty, and this bill does just
that. Three and a half months into the fiscal year, I would say it was
just about past time that we pass this legislation.
So I urge an ``aye'' vote on the omnibus. We can send it to the
Senate today for their approval and get it to the President for his
signature as soon as possible. Certainly, before Saturday.
With that, Madam Speaker, I reserve the balance of my time.
Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume.
Congress' misguided rush towards austerity has hurt our economy,
slashing critical investments that create jobs and make us more
competitive. Discretionary spending, which represents only one-third of
the budget, has borne a disproportionate share of cuts. The December
budget agreement and this bill set us on a path to fulfilling our basic
responsibility of annual spending bills.
{time} 1445
Chairman Rogers, I commend your leadership. It has been a delight
working with you, and I too look forward to a holiday season where we
won't be in constant contact. Thank you. It has been a pleasure.
This bill makes key investments that will bolster job creation and
economic growth. We should not have Federal furloughs again this year.
Education, Head Start, new pre-K initiatives will help working families
and restore teaching slots, and infrastructure investments will support
construction jobs and safety upgrades.
Other vital priorities fell short. It is incredibly disappointing
this package doesn't restore unemployment benefits for the long-term
unemployed.
In addition, I was very pleased that we received $1 billion more than
last year for biomedical research at the National Institutes of Health,
but it is still funded below the 2012 level, forcing scientists to
shelve promising research.
By not authorizing a change to the quota for IMF, the International
Monetary Fund, we neglect the United States' vital role in the global
economy. It is an important tool to promote international financial
stability and support U.S. jobs, exports and markets.
This is not the bill that I would have written, but it is the result
of a negotiation that required significant compromise and protected the
appropriations process from political warfare by dropping most of the
new contentious riders.
Finally, I would like to praise the tireless work of David Pomerantz
and all of the appropriations staff on both sides of the aisle. This
bill was a huge undertaking, possible only with the hard work of such
dedicated staff, including one of our longtime professionals who will
soon be leaving the committee.
On behalf of the entire Appropriations Committee, I thank David Reich
for his 30 years of service to the House and 17 years of exceptional
contributions to the full Appropriations Committee, the Labor-H and
other subcommittees.
Thank you, and we wish you Godspeed. Good luck.
Now, at this time, before I close, I also want to recognize Trudi
Terry, the Chief Clerk of Debates. As I understand it, unfortunately,
she will be retiring and go on to other things, and we thank you for
your service to the House.
Now, in conclusion, I wish we had completed this process last
October, when this fiscal year actually started, but better late than
never.
The President's budget will likely arrive late, given Congress'
tardiness in completing our work for fiscal year 2014, but I do hope
that the bipartisan spirit with which the omnibus agreement has been
reached will be preserved in the cycle to come. I will support this
omnibus and work in the coming year to address its shortcomings.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Virginia (Mr. Wolf), a very hardworking and longtime
classmate of mine, chairman of the Commerce, Justice, Science
Subcommittee.
[[Page H439]]
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Madam Speaker, I rise in strong support of the bill and
want to acknowledge and thank Mr. Rogers. We came here together in
1981, and I think what Mr. Rogers and Mrs. Lowey have done, along with
Senator Mikulski and Senator Shelby, has been amazing.
I also want to thank my friend, Mr. Fattah, for his partnership and
help. Thank you. You have done a great job.
I want to acknowledge the staff, Mike Ringler, Leslie Albright, Jeff
Ashford, Diana Simpson and Colin Samples, as well as Bob Bonner and
Matt Smith. They have done an incredible job. If the American people
could have seen the hours--and I want to thank them.
This bill today totals $51.6 billion, which is $1.44 billion below
the enacted 2013 level. We have reduced spending by more than $12
billion for agencies funded in the CJS.
There is no reason why anyone would vote against this bill. We are
even $200 million below FY 2008. So they have done an incredible job.
The bill also includes $8.3 billion for the FBI to fight crime and
protect the Nation from further terrorist attacks, and it expands the
FBI's capabilities.
Also, in addition, there is $1 million for an independent review to
report to Congress, to be conducted by an outside commission to look at
the progress made over the last decade on the implementation of the 9/
11 Commission.
I lost several hundred people from my district who died, and we lost
3,000 Americans. We want to find out what recommendations were made,
how well the FBI is doing, and so that is very, very important. I
expect the FBI to cooperate, and I know they will.
I appreciate Mr. Fattah, and also Mr. Mollohan, who is not here. We
establish the Charles Colson, Chuck Colson Task Force on Federal
Corrections.
We cannot put men and women in prison for years and do nothing, and I
think this offers an opportunity to really reform the prison commission
system. Then Mr. Goodlatte and the Judiciary Committee can do amazing
things.
The bill also brings about repatriation programs to bring jobs back
to America, not to have companies going abroad but to come back, and I
appreciate the Secretary of Commerce Pritzker really cooperating and
working on this.
Lastly, it funds the sciences at a very, very high level. With regard
to NASA, the bill includes $17.65 billion for NASA, including funding
for America's next generation space launch system, the Orion Crew
Vehicle, as well as full funding for cutting-edge aeronautics and
research to keep America competitive.
Again, I just want to close by congratulating and thanking Mr.
Rogers. We came here in 1981. We were considered Reagan robots. I
wasn't supposed to be here, and another guy who wasn't supposed to be
here, Chris Smith, he is still here, and Mr. Rogers. They will be the
leaders of the class that is left. We had 54.
I just want to thank him for what he has done, and the staff on both
sides, and the Members, for bringing this bill and returning to regular
order.
Again, Mr. Fattah, my fellow native Philadelphian, thank you for
everything that you have done.
Madam Speaker, I rise today in support of this Consolidated
Appropriations Act, which includes the fiscal year 2014 Commerce-
Justice-Science appropriations act.
I would like to thank my colleague and Ranking Member, Mr. Fattah,
for his support throughout this process. I would also extend my thanks
to Chairman Rogers, Senator Mikulski and Senator Shelby.
I also want to thank the CJS subcommittee Majority staff--Mike
Ringler, Leslie Albright, Jeff Ashford, Diana Simpson and Colin
Samples--as well as Bob Bonner and Matt Smith on the Minority staff.
The final CJS bill before the House today totals $51.6 billion, which
is $1.4 billion below the enacted fiscal year 2013 level.
Since Republicans assumed the majority in the House, we have reduced
spending by more than $12 billion for agencies funded in the CJS
appropriations bill.
The FY 2013 level is even $200 million below the FY 2008 level.
At the same time the bill also provides funding for a variety of
critical national priorities, and prevents furloughs for federal
employees this year.
The bill includes $8.3 billion for the FBI to fight crime and protect
the nation from further terrorist attacks and expands the FBI's
capability to investigate and attribute cyber intrusions, which the new
Director has identified as his biggest challenge.
In addition, there is $1 million for an independent review and report
to Congress to be conducted by an outside commission to look at
progress made over the last decade on the implementation the
recommendations of the 9/11 Commission as well as to look at how the
FBI is responding to the evolving threat of terrorism, including the
threat from domestic radicalization.
I expect the FBI to support this important effort by ensuring that
the review has the independence, flexibility and resources necessary to
produce an excellent and unbiased report to the Congress.
The bill establishes the Charles Colson Task Force on Federal
Corrections to develop practical, data-driven policy options to
increase public safety, reduce recidivism, and control the growth of
spending on corrections.
In the Department of Commerce, the bill includes funding for the
National Weather Service to provide critical weather information to the
public.
We need to enhance efforts to bring good jobs back to America,
especially manufacturing jobs. This bill continues a job repatriation
task force established last year, and includes grant funding to enable
encourage repatriations. It also calls on the department to hold a
national repatriation conference this year, and I appreciate Secretary
Priztker's proactive leadership in coordinating this conference.
The bill includes important funding for fundamental scientific
research. $7.2 billion is included for the NSF. NIST research
activities receive $850 million, an increase of $42 million.
Finally, the bill includes $17.65 billion for NASA, including funding
for America's next generation Space Launch System and the Orion Crew
Vehicle as well as full funding for cutting edge aeronautics research
to keep America competitive.
Madam Speaker, I urge my colleagues to support this bill.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the ranking member of the Energy and Water
Committee.
Ms. KAPTUR. I thank the ranking member from New York for yielding me
time.
Madam Speaker, I rise today in support of the fiscal year 2014
omnibus appropriations measure, a critical, critical step in the
direction of regular order.
My hat is off to Chairman Rogers and to Ranking Member Lowey for
their diligent efforts to bring this important agreement to the floor.
I also want to thank Chairman Simpson, our subcommittee members, our
Senate counterparts, as well as our exceptional staff, Rob Blair and
Taunja Berquam, for their dedication and hard work, especially over the
holidays, crafting this legislation.
The Energy and Water bill makes America work. For example, it keeps
the West alive, funding critical water projects across 17 States. We
support science activities necessary to American manufacturing and our
future competitiveness, and it contributes to our national defense
importantly.
Over the last 10 years, our country has spent $2.3 trillion importing
foreign petroleum rather than being energy-independent here at home. In
fact, those imports are a chief strategic vulnerability. We must have
the wisdom, the will and the fortitude to invest in the solution for
our people.
This agreement restores an all-of-the-above energy strategy,
including renewable energy programs and help on sustainable energy
programs for the next generation.
The bill also increases funding for the Corps of Engineers, one of
the most important jobs programs that we could support in this country
to improve our Nation's waterways that provide the foundation for
economic growth.
In terms of job creation, this bill makes critical investments in
this country from coast to coast. You can't really move cargo unless
you have open harbors.
The compromise bill that we will vote on today is an important step
in that direction and, even more importantly, a step toward regular
order, which this Member certainly welcomes.
Again, I rise in support of this legislation, and urge my colleagues
to join
[[Page H440]]
me in voting for the entire measure, but certainly on the energy and
water portion of this bill, so vital to America's future.
Mr. ROGERS of Kentucky. Madam Speaker, most of the provisions of this
bill were written by the subcommittees on the House and Senate side and
worked out between them. One of the chief writers of the bill is Rodney
Frelinghuysen, the new chairman of the Defense Subcommittee of the
Appropriations Committee. His part of the bill was, by far, the biggest
of anybody else's. It was only $572 billion.
I yield 2 minutes to the gentleman from New Jersey (Mr.
Frelinghuysen) to explain that.
(Mr. FRELINGHUYSEN asked and was given permission to revise and
extend his remarks.)
Mr. FRELINGHUYSEN. Madam Speaker, I thank the chairman for yielding.
I thank him for his leadership.
First of all, it is a pleasure to rise to support this bill, and let
me specifically address the defense portion, which is, indeed, our
primary constitutional responsibility, a strong national defense.
First I want to thank my ranking member, Pete Visclosky, for his help
in crafting this bill. It was not an easy task, given the short
deadlines, but I think we have produced a bipartisan product that meets
our national defense needs.
I thank all the committee members and our professional staff for
their hard work.
A few words about our allocation, which is a direct result of the
decision we made in mid-December. The base allocation is $486.9
billion, which is $29 billion below the President's budget request and
$25.7 billion below the bill we passed, the defense bill we passed in
July.
The Overseas Contingency allocation is $85.2 billion, which is $4.5
billion above the request. Even with the small increase in the Overseas
Contingency allocation, which we essentially use for buy-back
readiness, the subcommittee's task was formidable. We cut $24.5 billion
from the administration's budget request.
I want to assure my colleagues that not many programs were left
untouched. We did our best to protect quantities of critical major
weapons systems and avoid significant disruption to vital programs.
Importantly, we gave our military leaders much badly needed
predictability about future expenditures and preserved jobs in our
defense industrial base.
Most importantly too, we protected readiness. Our Constitution's
first priority is to provide for a strong national defense so if the
Commander in Chief needs to call our troops, they will be ready and
prepared.
Madam Speaker, the measure before us clearly re-affirms our first
obligation to provide for national defense under Article One, Section 8
of the Constitution.
I urge support for the Consolidated Appropriations Act and rise to
address specifically the Defense portion that our primary
constitutional obligation
First, I want to thank Pete Visclosky for his help in crafting this
bill. It was not an easy task, given the short deadlines, but I think
together we have produced a bi-partisan product that meets our national
defense needs. I thank all Committee members and our professional staff
for their hard work.
A few words about our allocation, which is a direct result of the
Bipartisan Budget Act we passed in December.
The base allocation is $486.9 billion, which is $29 billion below the
President's budget request and $25.7 billion below bill the House
passed in July.
The Overseas Contingency allocation is $85.2 billion, which is $4.5
billion above the request.
Even with the small increase in OCO allocation, (which we used to
essentially buy-back readiness) the Subcommittee's task was still
formidable--cutting $24.5 billion from the Administration's budget
request.
Our Committee, like others, recognizes that the Department of Defense
needs to be part of the deficit solution!
We consulted with civilian and military leaders within the Department
and the Intelligence community, who provided input and made some
``suggestions'' for reductions to help meet our allocation.
Let me outline just a few highlights:
$15.2 billion for 8 ships, including 2 Virginia-class submarines;
$5.1 billion for 29 Joint Strike Fighters, and $1.5 billion for their
continued development;
$3 billion for 16 (P-8) Poseidon aircraft;
$1.9 billion for 21 (E/A-18) Growler electronic attack aircraft;
$1.4 billion for 17 of the latest variant of the C-130--an incredible
workhorse;
$1.0 billion for the National Guard and Reserve Equipment Account--to
support the citizen-soldiers who fight side-by-side with our active
duty troops;
$3.0 billion reduction in Afghanistan Security Forces Funds;
The agreement also places restrictions on funds to Rosonboro-export,
the Russian manufacturer of the Mi-17 helicopter;
In addition, the bill prohibits targeting a U.S. person under section
702 of the Foreign Intelligence Surveillance Act (FISA) and bars the
acquiring, monitoring, or storing of the electronic communications of a
U.S. person from a public service provider under section 501 of FISA;
And finally, the bill amends the December Ryan-Murray Agreement to
ensure that medically retired personnel and survivor benefit recipients
do not have their cost-of-living benefits (temporarily) reduced--
guaranteeing disabled veterans and surviving families receive the full
benefits they are due.
I assure my colleagues that not many programs were left untouched,
but we did our best to protect quantities of critical major weapon
systems and avoid significant disruptions to vital programs. Most
importantly, we gave our military leaders badly-needed predictability
about future expenditures and preserved jobs in our defense industrial
base. And we protected readiness, our committee's first priority.
Some contingency-related requirements--which had moved from OCO to
our base bill in previous years--were shifted back to OCO in an effort
to protect readiness the Subcommittee's first priority--to allow our
troops to execute missions wherever and whenever they are called upon
by our Commander-in-Chief.
Mr. Chairman, our military and intelligence agencies badly need
stability and predictability after years of budget uncertainty. This
conference report provides that for at least a few years. At the same
time, we preserve private sector jobs with a more reliable and
dependable appropriations process.
Colleagues, this is a fiscally-conservative, bi-partisan measure that
protects readiness and maintains our commitment to servicemembers and
their families, while meeting the budget caps established in the
Bipartisan Budget Act.
I urge its adoption, thank Mr. Visclosky and all members of the
Subcommittee.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Indiana (Mr. Visclosky), the ranking member of the
Defense Subcommittee.
Mr. VISCLOSKY. Madam Speaker, I thank the ranking member for yielding
time.
I want to begin my remarks by expressing my great appreciation to
Chairman Rogers and Ranking Member Lowey. The fact that we are standing
here today, on the verge of passing a 12-bill omnibus measure, is a
testament to their acumen as legislators.
Further, I would be remiss if I did not thank every staff member of
the Appropriations Committee for their dedication, hard work, and sound
judgment in helping develop this package.
With regard to the defense portion of the bill, it was a pleasure to
work with Chairman Frelinghuysen in crafting a bipartisan and
collaborative piece of legislation. He and his staff have assured that
the Defense Subcommittee continues its longstanding tradition of
collegiality.
The agreement that we are here for today implements the Bipartisan
Budget Act. As a result, substantial reductions were made to the
Department of Defense programs. In total, overall spending in the
defense portion of this bill, including base funding and the Overseas
Contingency Operation account, is $572.6 billion, which is $61.11
billion below fiscal year 2012 level.
While the agreement makes substantial reductions, it does protect the
readiness of U.S. forces, provides for personnel and their families,
and supports national programs that reflect bipartisan congressional
priorities.
Overseas Contingency Operations, a funding total of $85.2 billion, an
increase of $4.5 billion. The increase is essential to ensure the
readiness of U.S. forces. It provides for orderly retrograde and reset
of equipment from theater, and supports deployed forces still serving
in Afghanistan.
{time} 1500
The agreement also includes $25 million above the request to
implement a sexual assault special victims program.
[[Page H441]]
The agreement also includes language which prevents the use of funds in
contravention of more severe language and penalties in the fiscal year
2014 National Defense Authorization Act.
Finally, the bill protects the technological edge for U.S. forces. It
includes $175 million above the request for the Defense Rapid
Innovation Program to incorporate small business development.
I ask my colleagues to please support this bill.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Iowa (Mr. Latham), the chairman of the Appropriations
Subcommittee on Transportation, Housing and Urban Development.
Mr. LATHAM. I thank the chairman for the time and congratulate him
and Ranking Member Lowey for a great job on this. I also want to thank
the gentleman from Arizona, Ed Pastor, my ranking member, and certainly
the staff that did such a great job under very difficult circumstances
to put this all together.
Madam Speaker, this represents a return to regular order and an
example of fair negotiation between the House and the Senate. In the T-
HUD division, we strive to maintain important transportation
infrastructure investments and to maintain housing programs for low-
income citizens and veterans. To this end, we have funded the T-HUD
departments and agencies as follows:
The MAP-21 authorized levels for highways and transit. For the FAA,
we provide funding to fully support the operations of air traffic
controllers. We also include resources for the next round of
investments in the so-called NextGen air traffic control system, a
long-term initiative to ease air traffic congestion. We do not fund
high-speed rail, as we have yet to see any plan that outlines how such
a system would work and how it would be paid for. For rail, we added
policy reforms and oversight mechanisms for Amtrak in order to ensure
that resources provided to Amtrak are put to best use.
For housing, we provided assistance for 2.2 million families serviced
by the Housing Choice Vouchers program. We also provide $75 million for
10,000 new veterans' housing vouchers. Finally, we provide a little
over $3 billion for the Community Development Block Grant program. This
program has many flexible uses and helps strengthen communities across
the country.
Again, I urge Members to support the bill.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Serrano), the ranking member of the
Financial Services Committee.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. I thank the gentlewoman from New York, Ranking Member
Lowey, for yielding me time.
Madam Speaker, I rise in support of this legislation. As ranking
member of the Financial Services Subcommittee, I wanted to discuss many
of the improvements we made to that section of the bill.
Before I begin, I want to thank Chairmen Rogers and Crenshaw and
Ranking Member Lowey for their hard work and diligence throughout this
process. I also want to thank the staff on both sides of the aisle who
spent time away from their families during the holiday season to work
out a compromise that I think both sides can support.
My colleagues know that the sequester put the appropriations process
under an unworkable financial strain, and this legislation helps fix
that problem.
The Financial Services section of this bill is funded at $21.8
billion, which is more than $1.5 billion above last year's sequester
level and almost $5 billion higher than what was approved by the
committee last summer.
With this increased funding, this subcommittee was able to resolve
many of the most urgent funding problems created by the sequester. We
kept Postal Service 6-day delivery, restored funding for the Election
Assistance Commission, and included additional funding for numerous
priorities of the District of Columbia.
This bill also removes many harmful riders, riders that would have
impacted the implementation of the Affordable Care Act and riders that
would have affected the ability of both the SEC and the IRS to do their
jobs properly.
This is not a perfect bill, but on balance, it is a good bill. I
intend to vote in favor of it, and I urge my colleagues to do the same.
I want to take a second to bid an early farewell to my colleague from
Virginia (Mr. Wolf) and also to thank Chairman Wolf and to thank
Ranking Member Fattah for allowing language in their bill which was
asked for by the President, which was, at times, a little hanging on
the ropes, language that would allow, for the first time in 115 years,
the people of the Commonwealth of Puerto Rico to vote on their
political future. I thank them personally for that, and I stand ready
to vote for this bill as soon as it comes up for a vote.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Alabama (Mr. Aderholt), the distinguished chairman of
the Agriculture Subcommittee on Appropriations.
Mr. ADERHOLT. I thank the gentleman from Kentucky, Chairman Rogers,
for the time.
Madam Speaker, I also wanted to personally thank the chairman for his
work and the work of his staff because shepherding all 12 of these
appropriations bills is no easy task, especially as it comes down to
the issues that are the most difficult to discuss and to come to a
conclusion on. So, again, I thank the chairman for his work and that of
his staff, and how he conducts his staff in these negotiations.
I would also like to echo something that the gentleman from Kentucky
(Mr. Rogers) said in his opening comments about one of our subcommittee
clerks, Martin Delgado. He is retiring from the subcommittee after 16
years. As was mentioned, he is someone who knows the subject matter of
agriculture very well. He has gone beyond the call of duty in his job
as clerk of the Appropriations Subcommittee on Agriculture. So he is
someone that is going to be missed from this body. We wish him the best
and wish him well in his new endeavors.
Of course I do want to rise in support of the FY14 Consolidated
Appropriations Act. This agreement encompasses the work of, as I
mentioned, all 12 appropriations subcommittees and is the culmination
of work that began last spring when we first started hearings on the
President's budget request.
I also would like to assure my colleagues that, contrary to what they
may have heard, the bill has not only been read but that every word and
every number has been scrutinized, and there are no surprises in this
bill.
As it has been said, this legislation, while funding the Federal
Government for the remaining part of the fiscal year, continues to
reduce spending and the overall spending level in this agreement is
lower than the FY09-enacted spending level. Most importantly, it is
$191 million less than President Obama submitted in his FY14 budget
request.
The Agriculture division of this agreement, which I worked most
closely with over the last year, has critical funding for the
Department of Agriculture, the Food and Drug Administration, the
Commodity Futures Trading Commission, and the Farm Credit
Administration.
Funding in this agreement will ensure that American producers can
continue to produce the most abundant and safest food supply in the
world. Agricultural research is funded at $2.6 billion, which will help
keep America at the forefront of cutting-edge research and competitive
around the globe.
I would encourage my colleagues to vote ``yes'' on this bill.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from Connecticut (Ms. DeLauro), the ranking member of the
Labor, Health and Human Services Subcommittee.
Ms. DeLAURO. Madam Speaker, while I will vote for this budget,
despite having made reservations, I would like to say a few words about
how Labor, Health and Human Services, and Education programs are
handled here, keeping in mind that of the 12 subcommittees of
appropriation, the Labor, HHS Subcommittee never even had a
subcommittee markup of the bill. After Defense, the Labor, HHS
Subcommittee has the largest portfolio of programs, programs that deal
with people's everyday lives, the lives of ordinary Americans.
The allocation for Labor, HHS was only $217 million above the 2013
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presequester levels, only 12 percent of the nondefense funding
increase, even though Labor, HHS makes up 32 percent of the nondefense
budget, and this also despite the fact that we had over $1.4 billion in
funding holes that had to be filled. The holes existed primarily
because a few critical programs were living off of money appropriated a
number of years ago, and that money is now all gone.
Unlike all of the other appropriations bills, we were prevented from
using all of the options at our disposal to ensure reasonable funding
levels for our important priorities. As a result, many critical
programs here are still seeing deep sequester cuts.
The National Institutes of Health is the key driver of biomedical
research in America, spurring innovation, economic growth, and good
health for millions of Americans. Yet only 58 percent of the sequester
cuts are restored in this budget. It is $700 million short.
Another example, job training services are part of the core,
essential role of government. They help responsible people succeed
because of their own hard work and businesses to secure the employees
they need to grow. Here, job training programs were only restored by 81
percent, short $45 million.
Title I, which aids at-risk children, and IDEA, for children with
disabilities, are two fundamental building blocks of our K through 12
education system. Both are only restored here by 85 percent.
This bill does include some welcome and much-needed funding for other
priorities, and for that, I am grateful to Ranking Member Lowey and to
the unbelievably devoted staff, David Reich and Lisa Molyneux. Those
priorities include mental health, Head Start, and child care. We need
to do more to support these programs.
Given the decade-long trend downward for Labor, HHS funding, level
funding is not enough. We endanger our families and our future by
shortchanging these programs. While I will support this budget, as we
move forward, we can and we must do better by America's families.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Moran), the ranking member of the Interior Subcommittee.
Mr. MORAN. I thank my good friend, the committee ranking member, for
her leadership.
Madam Speaker, this is a bill that should have been supported from
the beginning. In fact--no offense to the Budget Committee--but if the
Appropriations Committee had been given these numbers from the
beginning, there wouldn't have been any sequester or shutdown or
furloughs. We could have gotten this done because this is a package of
chosen priorities and funding compromises. That is what we do in the
Appropriations Committee. So that is why we ought to support it. In
fact, we ought to have such a strong vote that we send a signal to all
those ankle-biters and naysayers who say we can't get anything done. We
are going to get this done. We are going to fund the agencies.
On the Interior Subcommittee, we met all of our obligations. We
repaid the fire costs that had been incurred last year. We provided
sequester relief for every agency funded in this bill. Now there won't
be any agency furloughs in 2014. Every agency is going to be able to
carry out their important functions without the sword of sequestration
hanging over them.
It provides $5.8 billion more than that initial House allocation,
which Chairman Rogers, himself, pointed out was inadequate. These
numbers, while they are not as much as I wish they were, they are
reasonable. It is a compromise. We are able to provide additional
resources to a host of important programs, ranging from clean air and
water, natural resources, Native Americans, and the arts.
Just as important as what is included in this agreement is what is
not included. Gone are a whole host of some of the worst environmental
legislative riders that shouldn't be in the Appropriations Committee,
that are more appropriate for the authorizers if they want to have that
kind of a debate. Those aren't in this bill, and they didn't belong in
this bill in the first place.
I want to commend the gentleman from California, Ken Calvert, our new
subcommittee chair. He is carrying on the very high standards set by
the gentleman from Idaho, Mike Simpson.
We like to work together when we are given a reasonable allocation.
That is the way this Congress, as a whole, ought to work. I want to
thank Chairman Rogers, Ranking Member Lowey, and all of my colleagues
on the committee.
I particularly want to thank the Appropriations staff. They worked
every day through the holidays. One member of the staff had a
gallbladder operation, and she didn't miss any work. They were in every
weekend. They deserve the round of applause, so let's give it to them.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Idaho (Mr. Simpson), the chairman of the Energy and
Water Subcommittee on Appropriations.
Mr. SIMPSON. I thank the chairman for yielding.
Madam Speaker, I rise today in support of this incredibly important
piece of legislation. It is an important step back to regular order and
reasserts congressional control over Federal spending.
The Energy and Water Development portion totals $34.06 billion, an
increase of $777 million above fiscal year 2013. The bill provides
critical increases for our nuclear weapons stockpile and our Nation's
water infrastructure while supporting a balanced investment in our
energy resources.
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I want to thank the ranking member of the subcommittee, Marcy Kaptur,
and former chairman of the subcommittee, Rodney Frelinghuysen, for all
of their hard work in bringing this bill through to the House floor in
regular order. I would also like to recognize Senators Feinstein and
Alexander for their partnership in putting together a truly bipartisan
bill.
Madam Speaker, these Members are passionate advocates for their
positions; and not surprisingly, their priorities are not always the
same as mine. But I can say with confidence that the long hours we all
put in during the last month have paid off. The Energy and Water
portion of the omnibus is a true compromise which strengthens common
priorities.
The largest increase in the Energy and Water bill is to support our
nuclear weapons stockpile. There is no room for mistakes in this work.
The reliability of the most destructive weapons ever developed depends
on it, as does our national security.
The bill also increases funding for the Army Corps of Engineers by
749 million over the fiscal year 2013 spending level. These funds will
go to support our Nation's ports, waterways and flood control
infrastructure--work which literally touches every one of our
districts.
Finally, let me say, Madam Speaker, that I want to second what Mr.
Moran just said. While most Americans--in fact most of us--were
enjoying the holidays with our families, the staff of the
Appropriations Committee on both sides of the aisle and both sides of
the rotunda were here at work trying to get this done, and we owe them
our gratitude for the incredible time that they spent doing this.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from North Carolina (Mr. Price), the ranking member of the
Homeland Security Subcommittee.
Mr. PRICE of North Carolina. Madam Speaker, I rise in support of the
bill. I want to commend Chairman Rogers and Ranking Member Lowey for
reminding the House how Members can work together on a bipartisan basis
to get the people's business done. We didn't merely set aside our
differences; we laid them on the table, and we worked through them.
The result is far from ideal. It bears the marks of the majority's
misguided budget strategy, which has cut appropriations time and time
again while leaving the main drivers of the deficit, namely, tax
expenditures and mandatory spending, largely untouched. The dire
results are most evident in the Labor-Health-Education title of this
bill, with devastating cuts to community health centers, medical
research, and other vital investments.
But it could have been worse. The December budget agreement allows us
to avoid another mindless round of sequestration and to stitch together
12
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bills that have gone through at least some of the appropriations
process.
Along with Chairman John Carter, I have had particular responsibility
for the Homeland Security title, and I want to thank him for the open
and collaborative process he has led on our subcommittee. With the help
of our superb professional staff, we have worked cooperatively to make
the most effective possible use of constrained resources.
The agreement provides substantial increases for new customs officers
at ports of entry to improve security and expedite travel and commerce.
It provides significant increases above the request for Coast Guard
operations and for new aircraft and vessels to help the Coast Guard
fulfill its critical homeland security and maritime safety missions. It
provides increases for ICE to pursue domestic investigations, including
those related to human trafficking, child exploitation, money
laundering, violent gangs, and drug smuggling.
The bill provides healthy increases for first responder and anti-
terrorism grants, for critical cyber and infrastructure security
programs and for research and development of new technologies to
improve capabilities across the full range of the Homeland Security
enterprises.
I urge my colleagues to support this bipartisan agreement.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Crenshaw), the subcommittee chairman that
drafted the Financial Services part of the omnibus bill.
Mr. CRENSHAW. I thank the chairman for yielding.
Madam Speaker, I rise in strong support of this omnibus
appropriations bill. I think it demonstrates that even though we have a
divided government, when we get together, we can sit down, we can set
priorities, we can reduce spending and we can meet our constitutional
responsibility of funding the Federal Government.
As chairman of the Financial Services Subcommittee, I am proud of the
work that--along with my ranking member, Mr. Serrano, and the other
members of the subcommittee--we have accomplished. We produced a bill
that in the end is a lean funding. We provide critical moneys for those
high-performance agencies, and we rein in spending on some of the
programs that aren't quite as efficient or are downright wasteful.
I think we all remember the IRS scandal where the IRS was singling
out individuals and groups of individuals based on their political
philosophy, harassing and bullying them. They were wasting money on
lavish conferences and videos. Well, we said to the IRS, we are going
to reduce your funding until you demonstrate to us that you can spend
money in a wise and efficient way. And we said, no more can you spend
money to harass individuals or groups of individuals based on their
political philosophy. But we do carve out money to provide taxpayer
services to provide for moneys to pursue people that cheat on their
taxes.
We adequately fund the Federal judiciary, we adequately fund--fully
fund--the Small Business Administration loan program. We help small
businesses, and we help entrepreneurs because we recognize that about
75 percent of all the new jobs in our country are created by these
small businesses.
Finally, we fund regulators like the SEC and the FCC at a lean, mean
level. We ask them to do more with less. We ask them to provide
adequate regulation and smart regulation, not job-killing and excessive
regulation.
At the end of the day, there has been a lot of hard work and a lot of
negotiation but, most of all, a great deal of cooperation. I urge my
colleagues to support this bill.
Mrs. LOWEY. Madam Speaker, I am delighted to yield 2 minutes to the
distinguished gentleman from Pennsylvania (Mr. Fattah), the ranking
member of the Commerce, Justice and Science Subcommittee.
Mr. FATTAH. I want to thank the leadership of the committee, the
staff and my fellow colleagues on the Appropriations Committee. This is
a moment that I think we can all see helps us move our Nation forward,
and I rise in support of the bill.
I want to also thank my great friend, the chairman of the
subcommittee which I have the privilege of being the ranking member of.
Chairman Wolf has done an extraordinary job and will continue to
because we have some more work to do. But I want to just extend to him
my public thanks for his cooperation through this entire process.
Let me say a couple of things very quickly. I introduced some
legislation, the American Discoveries and American Jobs Act, that
suggested that where we finance investment with taxpayers' money, we
should require that new products that emanate from that be manufactured
in America. The impulse, the essence of that, is embodied in the CJS
bill, and I want to thank Chairman Wolf for that.
I want to join with him on the prison reform effort because it is so
critically important that our Nation think anew about our criminal
justice system. I think that this is an action-forcing event that will
pay great dividends for our Nation through the task force that is
embodied in the bill.
I want to indicate, again, that one of our highest priorities on the
committee has been youth mentoring; and, again, we have a significant
investment in that regard, the Boys & Girls Club of America, the Big
Brothers Big Sisters, all of our national, evidence-based youth
mentoring programs. And I know that we as a Nation want to see many
more of our young people be successful. So I'm thankful for that.
The Gear UP funding, working with Ranking Member Bishop on the
suicide prevention efforts, this bill represents in a lot of respects
progress on these issues, and legal services, and then in terms of my
day job, NASA, both in terms of space technology, commercial crew and
the James Webb Telescope.
I'm looking forward to voting to support this and then having the
U.S. Senate support it so that the President can sign it. I thank
Chairman Rogers and our Ranking Member Lowey for their great leadership
on this effort.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Bishop), the ranking member of the Military
Construction and Veterans Administration.
Mr. BISHOP of Georgia. I thank the gentlewoman for yielding.
Madam Speaker, the MILCON-VA portion of this bill provides a total of
$73.3 billion for FY '14 which is $1.3 billion above FY '13. The MILCON
portion provides sufficient funding for our military facilities
worldwide, including family housing, which is adequate funding to meet
their needs.
The VA portion is funded at $63.2 billion. It meets the discretionary
budget request in all areas of administrative expenses, research,
information technology and facilities for VA. In addition, it contains
$55.6 billion in advance appropriations for medical services, medical
support and compliance and medical facilities, which is $1.1 billion
above the amount provided in FY '13.
The bill also takes concrete steps to pinpoint and address the
serious issues of the VA's claims backlog and interoperability of DOD's
and VA's electronic health record systems. For example, addressing the
claims backlog, the agreement includes a 10-point action plan which we
believe will give the VA additional tools to reinforce personnel
resources, training and quality oversight, as well as strengthen
accountability by upgrading equipment and broadening access to
electronic medical records.
This plan not only focuses on increasing productivity but also on
claim processors' accuracy. This effort would ensure that veterans
receive fair compensation at the outset without delays from having to
appeal decisions.
Regarding the merging of the DOD's and VA's electronic health records
systems, the agreement makes it very clear to both Departments that an
interoperable record system that actually works is the chief end goal
for Congress. New health record systems is an important project for
both Departments to undertake, but the effort will be a futile exercise
if the result is not the development of two interoperable systems,
defined as the ability to exchange computable information
electronically.
Before I close, Madam Speaker, I would like to recognize our staff,
Donna Shahbaz and her team on the majority side, Matt Washington on the
minority side, and Michael Reed on my
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personal staff for all of the amazing work and time they have put into
this bill in supporting our subcommittee's efforts. I would also like
to thank Mrs. Lowey, Mr. Rogers, the distinguished ranking member and
the chairman of this committee, and a special thanks to Mr. Culberson,
the chairman of the subcommittee, for a bipartisan work product. It is
a good bill.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Carter), the author of the Homeland Security
portion of the omnibus bill, the chairman of the Homeland Security
Subcommittee.
Mr. CARTER. Chairman Rogers, thank you for the time and thank you,
more importantly, for the leadership that you and Ranking Member Lowey
have shown in completing this process and giving us a fiscal year 2014
appropriation bill. I rise in support of that bill.
Madam Speaker, the Homeland Security division of this bill is built
on three themes: funding essential security and enforcement; increasing
legitimate travel and trade; and demanding fiscal discipline and
accountability.
The Homeland Security division includes a nearly 10 percent increase
to the CBP officer workforce and nearly 5 percent increase to ICE's
investigations and funding to support ICE's statutorily mandated 34,000
detention beds; more than 13 percent increase to privatization of
airport screening; nearly 14 percent increase to cybersecurity; a total
of $404 million for the National Bio and Agro-Defense facility in
Kansas; and significant increases to the Border Patrol assets, Coast
Guard operations and acquisitions, Secret Service operations and
investigations, FEMA's first responder grants and bombing prevention
efforts.
In addition, this bill does more to address the wait times, trade and
resource shortfalls at our ports of entry, including a landmark
provision for a public-private partnership authority and a mandate for
CBP to work with industry on performance metrics and improved
operational plans at our Nation's busiest airports.
However, this bill cuts the overall DHS budget by nearly $400 million
below the fiscal year 2013 level, and it holds administrative overhead
at 2 percent below the current sequestered level.
{time} 1530
In addition, the Homeland Security division requires 31 departments
to provide expenditure plans, terminates ICE public advocacy programs,
zeros out three new headquarters offices, and mandates the most
comprehensive accounting in DHS history.
Madam Speaker, this is a bill that is worthy of support. I rise in
support of this great work and thank both the majority and the minority
staffs for their work.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
distinguished gentlewoman from Florida (Ms. Wasserman Schultz), the
ranking member of the Legislative Branch Subcommittee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise in support of this
legislation which funds our government and its many important programs
for the remainder of fiscal year 2014. I want to especially
congratulate my ranking member, Nita Lowey, and Chairman Hal Rogers for
working so hard to achieve both balance and compromise.
This legislation begins to reverse some of the devastating cuts
caused by sequestration; it ensures that we avoid the nightmare
scenario of another government shutdown; and, most importantly, it
invests in strengthening our middle class by funding programs in areas
such as education, scientific research, and infrastructure. These
investments will help create jobs and boost our economy, which remains
the number one priority of most Americans.
As ranking member of the Legislative Branch Appropriations
Subcommittee, I am thrilled that this bill sets the stage for regular
order, which I know my fellow appropriators so look forward to, and
makes sure that we can begin to work together again in the
appropriations process. It has been a privilege to work with my good
friend Tom Cole, chair of the legislative branch subcommittee.
I am especially pleased that this bill includes two critically
important initiatives which work to combat the threat and dangers of
one of the deadliest diseases, cancer. The bill includes nearly $5
million in continued funding for the Breast Cancer Awareness for Young
Women, or EARLY Act programming, at the Centers for Disease Control. As
a young breast cancer survivor diagnosed at 41, I know all too well how
important it is for women to know the risks early on and get the health
care they need.
The bill also includes report language calling on the Defense
Department to establish a research-oriented task force to study
metastasized cancer of all types. With better understanding of the
causes, mechanisms, and treatments of metastatic cancer, we can save or
extend the lives of thousands of people, and I acknowledge the
leadership of Ranking Member Lowey who established the original program
that sits in the Defense appropriations bill today.
This is not a perfect bill but one that provides us key investments
while setting us on the right track in 2014. I hope my colleagues can
support it. I commend it to them.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. Calvert), the chairman of the Interior
portion of the bill.
Mr. CALVERT. Madam Speaker, I rise in strong support of the fiscal
year 2014 omnibus appropriations bill. As the new chairman of the
Interior and Environment Subcommittee, I could not be more pleased that
we are on the verge of passing the first Interior spending bill since
fiscal year 2012. The Interior division of the omnibus is well balanced
and reflects what can be achieved when all sides work together to find
common ground.
I especially want to thank my friend and subcommittee ranking member,
Mr. Moran, for his support. I hope passage of this bill is a sign of
good things to come and look forward to working with Mr. Moran as we
move forward on the 2015 Interior bill. I am sorry to learn that he
will be leaving Congress at the end of this year, but I am happy to
have the opportunity to work with him in the coming months.
I also want to thank Chairman Rogers for his incredible support and
leadership and for his role in bringing this omnibus bill forward and
restoring order to the appropriations process.
I also want to thank our wonderful staff who worked so hard during
the holidays, virtually every day, including Christmas Day, to bring
this bill forward. It is a good bill, and I urge Members on both sides
of the aisle to support it.
Mrs. LOWEY. Madam Speaker, I am very pleased to yield 1\1/2\ minutes
to the gentlewoman from California (Ms. Lee), a member of the
Appropriations Committee.
Ms. LEE of California. Madam Speaker, first let me thank our ranking
member, Nita Lowey, for yielding, and also I want to thank her for her
tremendous leadership on this committee. And also I want to thank
Chairman Rogers. Both of these great individuals really have worked
together day and night to bring this bill forward on a bipartisan
basis, and I have to salute and thank you both for that because I know
it was very, very difficult. But we did it. And also to the staff, I,
too, want to salute and thank the staff, including my staff, for their
tremendous work in trying to balance all of the priorities so that we
can have a bill that all of us can support.
While I voted against the budget resolution, I am encouraged that
this bill will restore a majority--not all, but a majority--of the
harmful sequester and bring some relief to struggling communities and
families who are living, quite frankly, on the edge.
As a member of the Budget and the Appropriations Committees, I am
encouraged that passing this bill will get us out of this cycle of
governing by crisis.
This bill makes important investments in early childhood education,
environmental protection, HIV-AIDS, and law enforcement. It increases
our support for the United Nations and humanitarian relief efforts in
Syria. And even with these increases, funding for these critical
programs, if you ask me, still remains much too low. Yet this bill
provides $5 billion more than what the Pentagon asked for, while
failing
[[Page H445]]
to extend the emergency unemployment insurance for the 1.3 million
individuals who lost, on December 28, their unemployment. This is just
wrong.
Finally, as a member of the Labor-HHS Subcommittee, I really think it
is shameful that our subcommittee failed to receive a proportionate
increase in our total allocation. Mind you, Labor-HHS is the largest
subcommittee after Defense and supports programs that impact nearly
every household, every community in every congressional district. But
this bill is a step forward in our appropriations process. Hopefully,
we can come together and fully repeal the sequester and restore order
in our budget and appropriations work in fiscal 2015.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield 10 seconds to the gentlewoman.
Ms. LEE of California. Let me just close by saying I really hope,
though, that we don't settle in accepting this new norm, quite frankly,
that this spending bill sets because it is really far too low for too
many people to really achieve the American Dream. But I thank you both
for coming together and doing the best you can do, given the fiscal
circumstances.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Smith), the chairman of the House Science
Committee.
Mr. SMITH of Texas. Madam Speaker, I thank the chairman of the
committee for yielding me this time.
For more than 20 years, the American commercial space industry has
benefited from the assurance of the U.S. Government through Federal
Aviation Administration launch indemnification authority.
Under this arrangement, commercial launch providers are required to
purchase insurance up to the maximum probable loss. Beyond that, the
government will cover up to $1.5 billion, plus inflation, and any
amount above that is the responsibility of the original commercial
launch provider.
The 3-year extension of the risk-sharing system in the bill today
will help the commercial space industry and our economy. For the next 3
years, space launch providers will have the stability and assurance
they need to compete in the international market.
Madam Speaker, I urge my colleagues to support this bill.
Mrs. LOWEY. I reserve the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Dent), a member of our committee.
Mr. DENT. Madam Speaker, I rise in strong support of this omnibus
legislation today for a number of reasons.
First, for the fourth year in a row, we are actually cutting overall
discretionary spending. That is significant. Spending levels will be
lower than they were for the first time since fiscal year 2009. Again,
that is very, very significant.
It is important that we are not passing another continuing resolution
which, frankly, wastes a lot of money. In this legislation, we are
putting money where it should be and cutting money where we must. That
is important.
Finally, I want to say that this legislation will help bring about
greater predictability, stability, and certainty not only for the
budget process, but the appropriations process, and, most important of
all, to the American people. Many people are watching our actions. It
will create a better environment for business investment and job
creation. Again, this is extraordinarily important.
Finally, we roll back some onerous regulations, those on incandescent
light bulbs, to fill material. This is extremely important for many of
us.
Finally, we also fix the issue with the military pensions where we
are making sure that those who are disabled and survivors will not be
impacted in any way by the recently enacted budget agreement.
So for all of these reasons, I urge support of the underlying
legislation and commend the chairman and the ranking member and all
those involved with this process for a job well done. I support the
bill.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1 minute to the
gentlewoman from Washington (Ms. Herrera Beutler).
Ms. HERRERA BEUTLER. Madam Speaker, I thank the chairman for his
work, and Ranking Member Lowey for your work on this bill.
There are two reasons I rise in support of this bill. First, it will
protect and promote things that residents of southwest Washington care
about. Second, it helps us do something that no Congress has done since
the Korean war, which is it reduces appropriated spending for the
fourth year in a row--dollar over dollar.
Many people have been understandably discouraged with the partisan
bickering in Washington, D.C. I believe if we focus on finding common
ground and fixing problems, we can find solutions we can be proud of.
With this bill, I believe we do just that.
The ports of Ilwaco and Chinook will have critical dredging funds
that are made available. We are improving veterans' programs and
support for our Nation's bravest heroes, something we can all agree on.
We are protecting access and saving dollars by not decommissioning
roads in the Gifford Pinchot. And we are keeping our commitment to
cleaning up nuclear waste at Hanford. There is much for folks in
southwest Washington to like in this bill; and while we still have more
to do in terms of reducing spending and getting results, I believe if
we work together, there is no limit to what we can accomplish.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 1 minute to the
gentleman from Ohio (Mr. Latta) for the purpose of a colloquy.
Mr. LATTA. Madam Speaker, I rise today to engage the chairman of the
Appropriations Committee in a brief colloquy regarding funding for the
Corps of Engineers.
I was pleased to see the criteria in the explanatory statement for
the Energy and Water portion of the omnibus bill, which clearly states
that there are additional funds available to support flood control
studies, particularly those that lead to significant economic benefits
by avoiding damages caused by flooding. Local communities often are
left with economic development plans that may not move forward when
these flood control projects face significant delays due to a lack of
funding.
It appears that the committee intends that the Corps support flood
control project studies that are nearing completion and have local
funding available for match. Is that correct, and will the Corps
consider economic impacts in its decisionmaking?
I yield to the chairman.
Mr. ROGERS of Kentucky. I thank the gentleman for yielding.
Yes, the gentleman from Ohio is correct. The bill includes additional
funding for flood control studies, and the report direction encourages
the Corps to consider economic development and job growth when
allocating these funds to individual studies.
Mr. LATTA. I thank the chairman, and I appreciate your willingness to
address these problems.
Mrs. LOWEY. Madam Speaker, in closing this debate, I want to use the
opportunity again to thank the chairman, Mr. Rogers, to thank Senator
Mikulski and Senator Shelby on the other side of the aisle. It really
has been a pleasure for me to work with Chairman Rogers and all of the
ranking members on both sides of the aisle to produce this bill that I
think we can be very, very proud of.
I also want to thank, again, the Appropriations staff on both sides
of the aisle who are looking forward to a good night's sleep tonight.
They have worked incredibly hard through the holidays; but because of
them and because of the partnership, we are very proud to present this
bill.
As we look forward to 2015, we will have more time to consider the
suggestions from all of our colleagues in working on this bill. I know
that we will continue to invest in programs and projects that
strengthen our economy and create jobs.
{time} 1545
Although we could not include it in this bill, I do hope that we will
have the opportunity very, very soon to pass an extension of
unemployment insurance.
Madam Speaker, the great ranking member, Mr. Farr, has just returned.
I yield as much time as he may consume to the gentleman from California
(Mr. Farr).
[[Page H446]]
Mr. FARR. Thank you very much, and thank you, Mr. Chairman, for
getting us back into regular order. I really praise the work of this
committee. I am proud to be on it. I am proud of the ranking member in
bringing this to fruition.
Madam Speaker, while we celebrate success--and this is one--we have
to remember that we are still underfunding America. While we are
praising America's need to grow, we are cutting, squeezing, and
trimming government's ability to meet that population growth,
particularly in my own State of California.
We have got to get back to regular order of allowing the revenue. We
have got to have some increases in revenue. Yeah, we have got to mind
the store and we have to do cuts, squeezes, and trims, but what we are
doing is we are leaving the poorest populations in this country at
risk.
I came out of the war on poverty. There is still a lot of poverty in
America. Secretary Vilsack pointed out to the chair of the subcommittee
that I am the ranking member on that there are 400 counties in the
United States that are still by census the poorest counties in the
United States--really, really poor. They are in the Third World, and
they are in the United States.
Our committee, our agriculture outreach in the food programs and in
the economic development--water and rural electricity and all those
things--are the solutions, and in the communications systems, the
broadband, and so on. We've got to address this, and we don't have
enough money to do that.
I praise the Chair's ability to get back on order, but while I am
going to support this bill, let's hope that next year we really get
back in order and bring the fiscal affairs to the United States in good
sound position, not just cut, squeeze, and trim.
We need to get our business done around here and this is a solid step
in the right direction.
There are pros and cons to this bill, as there is with all bills.
I've already mentioned the pro: it'll get the business of FY14
appropriations done and we can move on.
But the cons of the bill worry me: the funding levels, though higher
or at the President's budget request still fall short, for me, in terms
of doing right by critical programs.
Our colleagues from the other side of the aisle like to point out
that this bill represents the 4th year in a row that appropriations
``continues the downward trend in federal spending.''
I think if that is our goal, we are shortsighted to the many other
unfunded needs in our country.
It's not enough to keep programs at level funding. Where's the
investment in the future? Where's the projection for a growing
population? Where's the support for new and different initiatives that
we can't imagine today?
Transportation, Infrastructure, Health Care, Food Aid, Job
Assistance, Economic Development, Education and Science, Ag Research.
There are myriad issues that, yes, get funded, but at levels not
sufficient to produce real advancements.
I don't want my country to be standing still.
I want it to move forward.
This bill should get passed, but it shouldn't be considered a victory
for robust investment.
If anything it should be the floor from which we begin to plan future
years' growth, and beyond.
Mrs. LOWEY. Madam Speaker, I would like to inquire as to how much
time I have remaining?
The SPEAKER pro tempore. The gentlewoman from New York has 2\1/2\
minutes remaining.
Mrs. LOWEY. Madam Speaker, in closing, I would like to thank again
the distinguished Chairman Rogers and all the Appropriations Committee.
I would like to say another word in following up with our ranking
member, Mr. Farr.
I too reentered government after I raised my children, and I ran the
anti-poverty program in New York State. I felt so passionately that
what most people want is a hand up, not a hand out. This is why the
temporary extension of unemployment insurance is so important.
Just this week, I met with a man, 52 years old, a licensed
electrician. He said for the last 10 years he wanted to work every day,
as he always did before, but he never worked a complete year because in
my district, in Westchester and Rockland, there is 40 percent
unemployment in the construction trades.
So I would ask my colleagues on both sides of the aisle, let's pass
this extension of unemployment insurance and make sure as we consider
these bills next year we focus on investments, strengthen the economy,
create jobs, and make sure that we give every person that opportunity
to fulfill their dreams.
I yield back the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself the balance of
my time.
If I were allowed to make reference to people in the gallery--which I
am not allowed to--I would say we have over my right shoulder up there
most of the staff of this committee who are responsible for this bill.
If I were allowed to say so, I would want to congratulate and thank
them for giving us their Christmas and New Year's and all of the heart
and desire they have to bring us to where we are.
Madam Speaker, in closing, when you think about this room, this
hallowed Chamber where we came together during times of crisis and in
times of non-crisis, a place you can almost hear the words echo of
MacArthur addressing this body, or Churchill, or President Wilson, and
you remember that this is the Chamber where we all came together to
survive the Depression, world wars beginning with I, and the dire days
of World War II, and all the other wars, this is the place where the
Nation found itself coming together.
I can't think of a more satisfying time that I have had in this
Chamber in these years than now in helping bring together across the
aisle and across the Capitol Members of the Senate and the House, doing
what we are supposed to do, and that is governing and deciding how we
want to spend the taxpayers' dollars for the country. I want to thank
all who took part in that. It has been a great chore.
We had 30 days to put together a trillion-plus-dollar spending bill,
get it approved in the Senate, controlled by another body, and to be
signed by the President, another party from ours, on this side. It has
been a great pleasure working with all of you.
This bill is not perfect, I hate to tell you, but it is a good one,
and it represents the best traditions of the country in coming
together, recognizing our common problems, then finding a way out of
it.
I want to thank Mrs. Lowey and our colleagues in the Senate for all
the work they put into it, and I urge an ``aye'' vote.
I yield back the balance of my time.
Mr. TERRY. Madam Speaker, I rise today because I believe that
Americans deserve better than an omnibus bill.
I believe the American people deserve a full and transparent process
that occurs through regular order.
Omnibus bills, like the one we're voting on today are exactly why
people have lost their trust in Washington.
Yes, supporting this omnibus is better than operating by continuing
resolution but we cannot continue to govern like this.
I can't support a bill that spends trillions of taxpayer dollars with
no way to offer amendments.
And it's unfortunate, because there are several items in this bill
that I would enthusiastically vote in favor if they came to this floor
for stand-alone votes.
Extremely important to me is the exemption for disabled veterans and
survivors from the 1 percent COLA reduction.
This bill exempts ``medically retired'' personnel.
These retirees are retiring for reasons other than typical
retirement. Retiring for medical reasons is allowed if the VA gives you
a 30% or higher ``disability rating.''
Also included in this bill is a provision that requires the chair of
the Nuclear Regulatory Commission to inform his or her staff when using
emergency power.
I have a bill that is currently moving through the Energy and
Commerce Committee that deals with this very specific issue as well as
other operations at the NRC.
Included in this bill is language lifting the 902 limit for WRDA
projects--which would benefit a levy project in Sarpy County.
This bill also reduces the Prevention and Public Health (PPH) fund by
$1 billion.
This is essentially a slush fund created in the President's health
care law that has no oversight from Congress that the Secretary of
Health and Human services could use--completely unchecked to implement
the Affordable Care Act.
And this bill reduces IPAB funding by $10 billion.
IPAB plain and simple shouldn't exist because Congress should shape
Medicare policies, not unelected and unaccountable bureaucrats.
[[Page H447]]
I also support the Hyde Amendment, which is included, and because I
believe that we should continue to be the voice of the unborn.
These are all issues where I have strongly supported. On some of
these issues, I've written legislation.
But, as we try to regain regular order in our budgeting process--we
shouldn't be legislating through appropriations bills--which this
omnibus does.
Furthermore, as I read the details, there is still too much wasteful
spending and with no way to amend this legislation--I cannot in good
conscious support this bill.
This omnibus bill is an extremely poor way to govern.
My hope is that with the budget agreement Congress passed last month,
we can return to regular order.
Ms. JACKSON LEE. Madam Speaker, I rise to speak on the bill, H.R.
3547, the bipartisan ``Omnibus Appropriations Act for Fiscal Year
2014.''
I want to thank Chairman Rodgers and Ranking Member Lowey for their
constructive work in fashioning this bipartisan and bicameral
legislation to fund the government for the remainder of Fiscal Year
2014.
The bill before us is not perfect--far from it--but it is a modest
and positive step toward preventing Republicans from shutting down the
government again and manufacturing crises that only harm our economy,
destroy jobs, and weaken our middle class.
As with any compromise there are some things in the agreement that I
support and some things that I do not.
The bill abides by all the terms set by the Bipartisan Budget Act of
2013 (the ``Ryan-Murray Agreement''), providing a total of $1.012
trillion for the operation of the federal government, a substantial and
necessary increase over the inadequate $968 billion spending limit
contained in the House budget resolution which led to the shutdown of
the federal government last October.
The bill contains all 12 regular appropriations bills for fiscal year
2014, with no area of the government functioning under a Continuing
Resolution, thus allowing every program to be considered on its own
merits and prioritized, rather than be subject to arbitrary across the
board cuts.
The bill also provides increases funding for several programs that I
strongly support. Let me list just a few of the more important ones.
AGRICULTURE AND RELATED AGENCIES
$6.7 billion for Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), sufficient to meet expected need in 2014.
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
$17.65 billion for NASA, which is $154.8 million more than the 2013
enacted level; $376 million for Byrne-JAG grants, which is $8.3 million
less than the 2013 enacted level and $11 million more than the post-
sequester level; $214 million for the COPS program, which is $4 million
less than the 2013 enacted level and $4 million more than the post-
sequester level; $417 million for Violence Against Women Prevention and
Prosecution Programs, which is $9.1 more than the 2013 enacted level;
and the bill rejects House proposals to prohibit the Department of
Justice from using funds to challenge state immigration laws; and
prohibit grants from being awarded to ``sanctuary'' cities.
DEFENSE
Multiple provisions focused on eliminating sexual assault in the
Department of Defense and supporting victims, including: (1) Fully
funds request of $156.5 million for Sexual Assault and Prevention
Office (SAPRO) services; (2) $25 million above request to implement a
Sexual Assault Special Victims Program; (3) Prohibition on obligation
of funds contravening more severe penalties for perpetrators
established in the National Defense Authorization Act (NDAA).
Fully funds Peer Reviewed Medical Research Programs and includes $125
million above the request for Traumatic Brain Injury (TBI) and
Psychological Health research and $4 million above the request for
alcohol and substance abuse research.
The final agreement repeals last year's cut to cost of living
adjustments for disabled military retirees and survivors.
ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
$1.912 billion for Energy Efficiency & Renewable Energy, which is
$102 million more than the 2013 enacted level; $5.467 billion for the
Army Corps of Engineers, which is $495 million more than the 2013
enacted level (excluding emergency funding for Hurricane Sandy relief);
$1.11 billion for water resources projects within the Department of
Interior, which is $46 million more than the 2013 enacted level; and
the agreement eliminates the majority of riders proposed in the House
bill, including those related to Waters of the United States, guns on
Corps lands, Clean Water Act agriculture exemptions and ceiling fan
standards.
FINANCIAL SERVICES AND GENERAL GOVERNMENT
$673.3 million for the District of Columbia, which is roughly equal
to the 2013 enacted level.
HOMELAND SECURITY
$10.6 billion for Customs and Border Protection, $220.4 million more
than the 2013 enacted level; $4.93 billion for the Transportation
Security Administration, which is $225.8 million less than the 2013
enacted level; $923.8 million for Cybersecurity and Communications, an
increase of $27.5 million above the 2013 enacted level; $4.35 billion
for the Federal Emergency Management Agency, $3.8 million above the
2013 enacted level; $1.5 billion for State and Local Grants, an
increase of $35.4 million above the 2013 enacted level; and $680
million for Firefighter Grants, an increase of $5.7 million above the
2013 enacted level.
Controversial House riders related to abortion services and
immigration enforcement are not included in the bill. Among the
contentious riders dropped was a provision to prohibit ICE from
adhering to enforcement guidance, including a June 15, 2012, memo
prioritizing enforcement actions against dangerous criminals ahead of
DREAM Act children.
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
$3.938 billion for wildland fire, which is $417 million more than the
2013 enacted level; $4.4 billion for the Indian Health Service, which
is $78 million more than the 2013 enacted level; A total of $2.35
billion for the Clean Water and Safe Drinking Water Funds, which is
only $4.7 million less than 2013 enacted levels but $119 million more
than the post-sequester level; $2.6 billion for the National Park
Service, which is $29 million more than the 2013 enacted level; and
$146 million each for the National Endowment for the Arts and the
National Endowment for the Humanities, which is equal to their 2013
enacted levels.
LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES
$8.6 billion for Head Start, which is $612 million more than the 2013
enacted level, sufficient to both fully restore the cuts to Head Start
and to invest in the Administration's Early Head Start-Child Care
Partnerships; $2.6 billion for job training through WIA Training and
Employment Formula Grant program, which is $10 million less than the
2013 enacted level but $121 million more than the post-sequester level;
$815 million for Seniors' Nutrition programs, which is equal to the
2013 enacted level and $46 million more than the post-sequester level,
allowing full restoration of meals; and $2.36 billion for Child Care &
Development Block Grants, which is $36 million more than the 2013
enacted level.
The agreement abandons the futile but wasteful effort by House
Republicans to repeal the Affordable Care Act and provides the
Department of HHS roughly the same amount as it had last year for
implementation of the Affordable Care Act, and some additional funds
will become available through existing fees on policies sold on the
exchanges.
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
$63.2 billion in discretionary funding for Veterans Affairs, which is
$2.3 billion more than the 2013 enacted level;
$585.6 million for prosthetic research, which is $3.5 million above
the 2013 enacted level.
The Omnibus provides new tools and resources to address the backlog
of veterans disability claims by increasing personnel, enhancing
training and quality oversight, and strengthening accountability.
STATE, FOREIGN OPERATIONS, AND RELATED AGENCIES
The final agreement does not include a policy rider codifying the
`Global Gag Rule,' which prohibits non-governmental organizations
(NGOs) receiving federal funds from providing women information about
certain health services.
I would have preferred that the bill provide more than $2.67 billion
for Embassy Security, Construction and Maintenance, an amount that is
$224 million less than the 2013 enacted level. Our diplomats who risk
their lives serving in dangerous outposts around the world deserve all
the resources required to keep them safe.
TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
$600 million for National Infrastructure Investments (TIGER), which
is $100 million more than the 2013 enacted level; $17.4 billion for
Section 8 Tenant Based Rental Assistance renewals, which is $123
million more than the 2013 enacted level; $9.6 billion for Section 8
Project Based Rental Assistance renewals, which is $596 million more
than the 2013 enacted level; and $1 billion for HOME Investment
Partnerships, which is equal to the 2013 enacted level.
The bill does not include any funds for high-speed rail. I believe
this decision is short-sided and short changes our Nation's future.
High-speed rail will save energy, create jobs, and increase our
Nation's global competitiveness.
As I stated, this bill is not perfect. But on balance it is a
significant improvement over the spending bills considered in the House
last year and is worthy of our support.
[[Page H448]]
Summary H.R. 3547--Consolidated Appropriations Act of (Omnibus)
Appropriations Act for Fiscal Year 2014
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES
2013 enacted level: $20.7 billion; 2014 Committee mark: $19.5
billion; and 2014 Omnibus: 20.9 billion.
$6.7 billion for Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), sufficient to meet expected need in 2014;
$1.47 billion for Food for Peace (P.L. 480) grants, which is $33
million more than the 2013 enacted level. The agreement retains Senate
language increasing flexibility in managing the Food for Peace program
that seeks to reduce the need for monetization; $215 million for the
Commodity Futures Trading Commission (CFTC), which is $10.1 million
more than the 2013 enacted level; $2.55 billion for the Food and Drug
Administration (FDA), which is $96 million more than the 2013 enacted
level; $1.1 billion for USDA Rental Assistance Program, which is $227
million more than the 2013 enacted level; and $1.01 billion for the
USDA food safety and inspection program, which is $17 million less than
the 2013 enacted level but $24 million more than the post-sequester
level.
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
2013 enacted level: $50.1 billion; 2014 Committee mark: $47.4
billion; and 2014 Omnibus: $51.6 billion.
$5.3 billion for the National Oceanic and Atmospheric Administration
(NOAA), which is $320.4 more than the 2013 enacted level; $953.6
million for National Weather Service operations, which is $46.7 million
more than the 2013 enacted level; $945 million for the Census Bureau,
which is $57.6 million more than the 2013 enacted level; $3 billion for
the U.S. Patent and Trademark Office, which is equal to CBO's
projection of PTO's FY2014 fee revenue collections; $850 million for
the National Institute of Standards and Technology (NIST), which is
$42.9 million more than the 2013 enacted level; $8.3 billion for the
Federal Bureau of Investigation (FBI), which is $248.7 million more
than the 2013 enacted level; $2.02 billion for the Drug Enforcement
Agency (DEA), which is $9.6 million more than the 2013 enacted level;
$1.18 billion for the Bureau of Alcohol, Tobacco, Firearms and
Explosives, which is $49.6 million more than the 2013 enacted level;
$6.77 billion for the Bureau of Prisons, Salaries and Expenses account,
which is $90.2 million more than the 2013 enacted level; $376 million
for Byrne-JAG grants, which is $8.3 million less than the 2013 enacted
level and $11 million more than the post-sequester level; $214 million
for the COPS program, which is $4 million less than the 2013 enacted
level and $4 million more than the post-sequester level; $417 million
for Violence Against Women Prevention and Prosecution Programs, which
is $9.1 more than the 2013 enacted level; $17.65 billion for the
National Aeronautics and Space Administration (NASA), which is $154.8
million more than the 2013 enacted level; and $7.2 billion for the
National Science Foundation, which is $67.9 million below the 2013
enacted level.
The Omnibus rejects House proposals to make permanent two annual
riders related to firearms, and rejects the House proposal to block a
reporting requirement on multiple sales of rifles/shotguns to the same
person.
The Omnibus rejects House proposals to prohibit the Department of
Justice from using funds to challenge state immigration laws; and
prohibit grants from being awarded to ``sanctuary'' cities.
DEFENSE
2013 total enacted level: $605.4 billion; 2014 total Committee mark:
$592.8 billion; and 2014 Omnibus: $572.6 billion.
$85.2 billion for Overseas Contingency Operations (OCO), which is $2
billion less than the 2013 enacted level; $128.8 billion for Military
Personnel, which is $1.3 billion more than the 2013 enacted level;
$159.9 billion for Operation and Maintenance, which is $13.6 billion
less than the 2013 enacted level; $92.9 billion for Procurement, which
is $7.5 billion less than the 2013 enacted level; and $63.0 billion for
Research and Development, which is $6.9 billion less than the 2013
enacted level.
Multiple provisions focused on eliminating sexual assault in the
Department of Defense and supporting victims, including: (1) Fully
funds request of $156.5 million for Sexual Assault and Prevention
Office (SAPRO) services; (2) $25 million above request to implement a
Sexual Assault Special Victims Program; (3) Prohibition on obligation
of funds contravening more severe penalties for perpetrators
established in the National Defense Authorization Act (NDAA).
To facilitate integration of electronic health records between DoD
and VA, the agreement restricts funding for the Defense Healthcare
Management Systems Modernization (DHMSM) program pending a report on
cost, schedule, and adherence to data standards and acquisition
guidance.
Fully funds Peer Reviewed Medical Research Programs and includes $125
million above the request for Traumatic Brain Injury (TBI) and
Psychological Health research and $4 million above the request for
alcohol and substance abuse research.
$20 million above the request for suicide prevention and outreach;
$173 million above the request for Israeli Cooperative Missile Defense
programs, and $15 million above the request for Iron Dome; $175 million
above the request for the Defense Rapid Innovation Program to
incorporate small business developments into DoD programs; $1 billion
above the request to enhance National Guard and Reserve equipment; and
$1.2 billion above the request for the Virginia Class Submarine and
$324 million above the request for Navy surface combatant force
structure. This will help DoD meet national security priorities,
including the focus on the Asia-Pacific region.
The final agreement repeals last year's cut to cost of living
adjustments for disabled military retirees and survivors.
ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
2013 enacted level (excluding Sandy reconstruction): $33.2 billion;
2014 Committee mark: $30.4 billion; 2014 Omnibus: $34.1 billion.
$1.912 billion for Energy Efficiency & Renewable Energy, which is
$102 million more than the 2013 enacted level; $5.071 billion for the
Department of Energy Office of Science, which is $205 million more than
the 2013 enacted level; $280 million for the Advanced Research Projects
Agency--Energy (ARPA-E), which is $15.5 million more than the 2013
enacted level; $5.8 billion for environmental cleanup activities, which
is $111 million more than the 2013 enacted level; $7.845 billion for
National Nuclear Security Administration (NNSA) Weapons Activities (not
including a $64 million rescission), which is $270 million more than
the 2013 enacted level; $1.95 billion for Nuclear Nonproliferation,
which is $480 million less than the 2013 enacted level but $70 million
more than the President's budget request for similar activities; $1.095
billion for Naval Reactors, which is $15 million more than the 2013
enacted level; $5.467 billion for the Army Corps of Engineers, which is
$495 million more than the 2013 enacted level (excluding emergency
funding for Hurricane Sandy relief); and $1.11 billion for water
resources projects within the Department of Interior, which is $46
million more than the 2013 enacted level.
The agreement eliminates the majority of riders proposed in the House
bill, including those related to Waters of the United States, guns on
Corps lands, Clean Water Act agriculture exemptions and ceiling fan
standards.
FINANCIAL SERVICES AND GENERAL GOVERNMENT
2013 enacted level: $21.25 billion; 2014 Committee mark: $17.0
billion; and 2014 Omnibus: $21.85 billion.
$11.9 billion for the Department of the Treasury, which is $301
million less than the 2013 enacted level; $11.3 billion for the
Internal Revenue Service (IRS), which is $503 million less than the
2013 enacted level; $6.5 billion for the Judiciary, which is $12
million less than the 2013 enacted level but $317 more than the post-
sequester level; $673.3 million for the District of Columbia, which is
roughly equal to the 2013 enacted level; $1.35 billion for the
Securities and Exchange Commission (SEC), which is $32 million more
than the 2013 enacted level. $929.0 million for the Small Business
Administration (SBA), which is $114 million less than the 2013 enacted
level as a result of reduced loan subsidy costs. $669.4 million for the
Executive Office of the President, which is roughly equal to the 2013
enacted level; $9.37 billion for the General Services Administration
(GSA) Federal Buildings Fund (FBF), which is $1.35 billion more than
the 2013 enacted level; and $10 million for the Election Assistance
Commission (EAC), which is $1.5 million less than the 2013 enacted
level.
Policy riders that were in the House bill related to Cuba and
prohibiting funding for the SEC to require the disclosure of political
contributions have been dropped from the final agreement.
HOMELAND SECURITY
2013 enacted level: $39.6 billion; 2014 House bill: $39.0 billion;
and 2014 Omnibus: $39.3 billion.
$10.6 billion for Customs and Border Protection, $220.4 million more
than the 2013 enacted level; $5.27 billion for Immigration and Customs
Enforcement, $158.1 million less than the 2013 enacted level but $122.7
million more than the 2013 post-sequester level; $4.93 billion for the
Transportation Security Administration, which is $225.8 million less
than the 2013 enacted level; $10.2 billion for the Coast Guard,
including $227 million for overseas contingency operations; the total
amount is $202 million less than the 2013 enacted level but $309.2
million more than the 2013 post-sequester level. $1.59 billion for the
Secret Service, which is $25.8 million less than the 2013 enacted level
and $58.5 million more than the 2013 post-sequester level;
[[Page H449]]
$1.47 billion for the National Protection and Programs Directorate,
$31.9 million more than the 2013 enacted level, including: $923.8
million for Cybersecurity and Communications, an increase of $27.5
million above the 2013 enacted level; $4.35 billion for the Federal
Emergency Management Agency, $3.8 million above the 2013 enacted level,
including: $1.5 billion for State and Local Grants, an increase of
$35.4 million above the 2013 enacted level; and $680 million for
Firefighter Grants, an increase of $5.7 million above the 2013 enacted
level; and $1.2 billion for Science and Technology, $385.6 million
above the 2013 level.
Controversial House riders related to abortion services and
immigration enforcement are not included in the bill. Among the
contentious riders dropped was a provision to prohibit ICE from
adhering to enforcement guidance, including a June 15, 2012, memo
prioritizing enforcement actions against dangerous criminals ahead of
``certain young people who were brought to this country as children and
know only this county as home.''
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
2013 enacted level: $29.8 billion; 2014 Committee mark: $24.3
billion; and 2014 Omnibus: $30.1 billion.
$3.938 billion for wildland fire, which is $417 million more than the
2013 enacted level; $4.4 billion for the Indian Health Service, which
is $78 million more than the 2013 enacted level; $2.5 billion for the
Bureau of Indian Affairs, which is $18 million more than the 2013
enacted level; $8.2 billion for the Environmental Protection Agency
(EPA), which is $143 million less than the 2013 enacted level and $299
million more than the post-sequester level; A total of $2.35 billion
for the Clean Water and Safe Drinking Water Funds, which is $4.7
million less than 2013 enacted levels but $119 million more than the
post-sequester level; $2.6 billion for the National Park Service, which
is $29 million more than the 2013 enacted level; $1.1 billion for the
Bureau of Land Management (BLM), which is $7 million more than the 2013
enacted level; $1.4 billion for the U.S. Fish and Wildlife Service,
which is $32 million less than the 2013 enacted level but $45 million
more than the post-sequester level; $2.4 billion for the U.S. Forest
Service (non-fire), which is $52 million more than the 2013 enacted
level; $146 million each for the National Endowment for the Arts and
the National Endowment for the Humanities, which is equal to their 2013
enacted levels.
The final agreement rejects egregious policy riders contained in the
House bill, including (1) prohibiting regulation of greenhouse gas
emissions from electric utilities; and (2) prohibiting EPA from
changing or supplementing guidance or rules clarifying Federal
jurisdiction of the Clean Water Act.
LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES
2013 enacted level: $156.6 billion; 2014 Committee mark: N/A; and
2014 Omnibus: $156.8 billion.
$29.9 billion for the National Institutes of Health, which is $714
million less than the 2013 enacted level but $1.0 billion more than the
post-sequester level; $6.8 billion for the Centers for Disease Control
and Prevention (CDC), which is $369 million more than the 2013 enacted
level; $2.6 billion for job training through WIA Training and
Employment Formula Grant program, which is $10 million less than the
2013 enacted level but $121 million more than the post-sequester level;
$2.36 billion for Child Care & Development Block Grants, which is $36
million more than the 2013 enacted level; $8.6 billion for Head Start,
which is $612 million more than the 2013 enacted level, sufficient to
both fully restore the cuts to Head Start and to invest in the
Administration's Early Head Start-Child Care Partnerships; $14.4
billion for Title I Grants to Local Educational Agencies, which is $103
million less than the 2013 enacted level but $625 million more than the
post-sequester level; $11.5 billion for Special Education state grants
(IDEA), which is $82 million less than the 2013 enacted level but $498
million more than the post-sequester level; $445 million for the
Corporation for Public Broadcasting (CPB)--the customary two-year
advance apprropriation--which is the same funding level as was provided
in the FY2013 bill for FY2015; $815 million for Seniors' Nutrition
programs, which is equal to the 2013 enacted level and $46 million more
than the post-sequester level, allowing full restoration of meals; $3.4
billion for the Low-Income Home Energy Assistance Program (LIHEAP),
which is $40 million less than the 2013 enacted level but $169 million
more than post-sequester; and $1.1 billion for Mental Health programs,
which is $136 million more than the 2013 enacted level;
The agreement provides the Department of HHS roughly the same amount
as it had last year for implementation of the Affordable Care Act, and
some additional funds will become available through existing fees on
policies sold on the exchanges.
LEGISLATIVE BRANCH
2013 enacted level: $4.28 billion; 2014 Committee mark: $3.23 billion
(House bills do not include Senate funding); and 2014 Omnibus: $4.26
billion.
$1.181 billion for the US House of Representatives, which is $42.3
million less than the 2013 enacted level and $19 million more than the
post-sequester level; $338.5 million for the Capitol Police, which is
equal to the 2013 enacted level; $45.7 million for the Congressional
Budget Office (CBO), which is $2 million more than the 2013 enacted
level; $505.4 million for the Government Accountability Office (GAO),
which is roughly equal to the 2013 enacted level; $602.0 million for
the Architect of the Capitol, which is $39.6 million more than the 2013
enacted level; $579.0 million for the Library of Congress, which is
$8.4 million less than the 2013 enacted level; $119.3 million for the
Government Printing Office (GPO), which is roughly equal to the 2013
enacted level.
military construction, veterans affairs and related agencies
2013 enacted level: $71.9 billion; 2014 Committee mark: $73.3
billion; and 2014 Omnibus: $73.3 billion
$9.8 billion for Military Construction projects, which is $817
million below the 2013 enacted level, including: $1.5 billion for
Family Housing construction, which is $133 million less than the 2013
enacted level; $451.4 million for the new combined Base Realignment and
Closure (BRAC) account, which is equal to the President's budget
request; $380.8 million in rescissions from prior Appropriations Acts
due to savings on projects and the decision to incrementally fund
selected large projects; $63.2 billion in discretionary funding for
Veterans Affairs, which is $2.3 billion more than the 2013 enacted
level, including:
As authorized by Congress in 2009, VA medical services accounts are
provided funding one year in advance. The Omnibus includes the budget
request for fiscal year 2015 advance funding of $55.6 billion.
$3.7 billion for information technology systems, which is $378.7
million more than the 2013 enacted level; and $585.6 million for
prosthetic research, which is $3.5 million above the 2013 enacted
level.
The Omnibus provides new tools and resources to address the backlog
of veterans disability claims by increasing personnel, enhancing
training and quality oversight, and strengthening accountability.
The Omnibus restricts VA's obligation of information technology funds
until the VA reports detailed plans on budget, timeline, and testing to
ensure reliable interoperability between current and future Electronic
Health Records (EHR) systems between the Department of Veterans Affairs
and the Department of Defense.
STATE, FOREIGN OPERATIONS, AND RELATED AGENCIES
2013 total enacted level: $53.6 billion; 2014 Committee mark: $40.6
billion; and 2014 Omnibus: $49.0 billion.
$6.52 billion for Overseas Contingency Operations (OCO), which is
$4.68 billion less than the 2013 enacted level; $7.99 billion for
Diplomatic and Consular Programs, including $1.9 billion for Worldwide
Security Protection, which is $1.7 billion less than the 2013 enacted
level due to significant carryover from prior year funds; $8.44 billion
for Global Health, which is $37 million less than the 2013 enacted
level but $380 million more than the post-sequester level; $2.51
billion for Development Assistance, which is $13 million less than the
2013 enacted level but $115 million more than the post-sequester level;
$4.64 billion for Economic Support Funds (ESF), which is $1.48 billion
less than the 2013 enacted level; $5.9 billion for Foreign Military
Financing (FMF), which is $393 million less than the 2013 enacted
level; $1.14 billion in base funding for U.S. Agency for International
Development (USAID) Operating Expenses, which is $207 million less than
the 2013 enacted level; $898.2 million for the Millennium Challenge
Corporation (MCC), which is equal to the 2013 enacted level; $2.67
billion for Embassy Security, Construction and Maintenance, which is
$224 million less than the 2013 enacted level; $4.91 billion in total
funding for humanitarian assistance accounts, which is $491 million
more than the 2013 enacted level; and $575 million for bilateral family
planning, which is equal to the 2013 enacted level.
The final agreement does not include a policy rider codifying the
`Global Gag Rule,' which prohibits non-governmental organizations
(NGOs) receiving federal funds from providing women information about
certain health services.
TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
2013 enacted level: $51.8 billion; 2014 Committee mark: $44.1
billion; and 2014 Omnibus: $50.9 billion.
$9.65 billion for Federal Aviation Administration (FAA) Operations,
which is roughly equal to the FY2013 enacted level and $246 million
more than the post-sequester level; $600 million for National
Infrastructure Investments (TIGER), which is $l00 million more than the
2013 enacted level; $2.13 billion for Capital Investment Grants, which
is $177 million more
[[Page H450]]
than the 2013 enacted level; $1.39 billion for Amtrak capital and
operating expenses, which is $28 million less than the 2013 enacted
level but $45 million more than the post-sequester level; $819 million
for the National Highway Traffic Safety Administration (NHTSA), which
is $9 million more than the 2013 enacted level; $17.4 billion for
Section 8 Tenant Based Rental Assistance renewals, which is $123
million more than the 2013 enacted level; $9.6 billion for Section 8
Project Based Rental Assistance renewals, which is $596 million more
than the 2013 enacted level; $3.03 billion for Community Development
Block Grants (CDBG), which is $278 million less than the 2013 enacted
level but $200 million more than the President's budget request; and $1
billion for HOME Investment Partnerships, which is equal to the 2013
enacted level.
$110 million for Healthy Homes and Lead Hazard Control, which is $10
million less than the 2013 enacted level.
Mr. HOLT. Madam Speaker, I rise in opposition to today's measure, the
consolidated appropriations act, which is a bill that funds our
government under the agreement reached by Budget Committee Chairs
Representative Ryan and Senator Murray. I do appreciate the long hours
and cooperative work that the Budget Committees put into the agreement,
and I appreciate the hard work of the appropriators to turn the
agreement into dollar figures for each of the twelve subcommittees. I
particularly appreciate the $40 million for veterans' suicide
prevention and $508 million for the Office of Fusion Energy Sciences
that I sought to have included.
However, while this bill funds some good programs, it is premised on
the deep, deep cuts of the sequester. The truth is that this bill is
not a compromise--far from it. And it is not a good course for America
to be on. To understand why, we must remember the history that led us
to this moment.
In the summer of 2011, Republicans held hostage America's economy.
Republicans told the public that, unless Congress and the President
gave into their unreasonable demands to extend the Bush tax cuts and
slash spending, they would default on America's debts and thus destroy
our nation's credit rating.
In the face of such unconscionable threats, the President and many
Members of Congress reluctantly agreed to sequestration--a policy that
imposed blunt, stupid, across-the-board cuts in almost every federal
program.
No true compromise was possible in those 2011 negotiations because
they occurred in the midst of a hostage crisis. No compromise is
possible now because we are still operating within the framework
created by that hostage crisis. This bill locks in place one of the
greatest cuts in government services we have seen.
So rather than accepting this bill because the appropriators are
pleased with the ``compromise,'' I believe we must take a step back and
ask: Does this bill take us to a future worthy of our great country?
It does not. This bill is premised on the sequester. This bill allows
most of the sequester cuts to take effect now and follows the budget
agreement in allowing the full sequester to take effect two years from
now. Even over the next two years, more than three-fourths of the
sequestration cuts remain in place--cuts that gut research, education,
health care, infrastructure and other investments necessary for a
vibrant economy for the present and the future. This bill is the
continuation of a pessimistic vision of our country, one with a
drastically shrunken government, a shredded safety net, and a
diminished ability to seize the opportunities and to address the
challenges that lie before us.
I have an optimistic vision for our country. Americans deserve a more
optimistic vision for our country. We should match the amazing
potential of our entrepreneurs and engineers with the support of an
infrastructure that isn't crumbling. We should invest in research that
enables our scientists and innovators to find cures for diseases,
create new technologies, and develop alternative sources of energy. We
should send the message that in the wealthiest nation on earth a
child's education is paramount, that even in fiscally constrained times
we won't deny access to Head Start or after-school programs, and that
society will stand by workers on Main Street who face unemployment due
to misdeeds on Wall Street.
Instead, today this House embraces pessimism. Education,
infrastructure of commerce, and scientific research? ``Oh,'' say the
proponents of this pessimistic view, ``we cannot afford these things
now and must take the bitter medicine of austerity.'' Soon I fear these
cuts will run so deep they will be unable to heal.
I am opposed to this bill because I believe that we can, and should,
do more. There is no limit to what we can achieve if we only commit to
achieving it. This positive approach has carried this country through
good times and resulted in an amazing success story.
I hope that in the coming months, we can return to an optimistic
vision of our country.
Mr. LANGEVIN. Madam Speaker, I rise in support of this omnibus
appropriations bill, which will restore some of the economic certainty
we need to boost growth and job creation. While neither side got
everything they wanted, this bipartisan agreement on government funding
for 2014 shows what can be accomplished when Democrats and Republicans
sit down and negotiate in good faith. This agreement will eliminate the
economic instability of stop-gap governing, and it will provide
critical relief from some of the most devastating impacts of
sequestration on American families and our economy.
This legislation includes essential investments in our
infrastructure, while providing certainty to our state and local
governments, our schools, and our civil servants who keep our water
clean, our food safe and our commerce flowing. I am particularly
pleased to note that it contains $75 million in fisheries disaster
assistance, which will provide urgently needed relief to our local
fishermen that comprise an important part of Rhode Island's economy.
The budget deal we reached last December was a breakthrough in a
difficult fiscal and political environment. As with any compromise,
there are elements I opposed, but I am heartened to now see that
agreement translated into positive developments like a $52 million
increase in funding for Career and Technical Education (CTE),
delivering a much-needed boost to skills training programs nationwide.
It also restores full funding to Head Start, and expands Early Head
Start by $500 million. Early childhood is arguably the most
impressionable and important time in a child's mental development, and
these investments will pay dividends many times over as these children
grow and thrive.
Although I'm encouraged that the National Institutes of Health (NIH)
received a $1 billion increase, this funding alone will neither reverse
the damage incurred by sequestration, nor will it provide our
biomedical research enterprises the investments they need to properly
advance lifesaving treatments and technologies. If we want to continue
leading in scientific and economic innovation, we must invest in the
research and development that drives it. Today's bill is a partial
victory, but there is still much work to be done.
Despite some notable shortcomings, this legislation removes a
significant portion of the cloud of uncertainty that has hovered over
the Department of Defense and the national security community. In an
important first step, it reverses a cut to the cost-of-living
adjustment for disabled military retiree pensions originally included
in last year's budget agreement. It is my hope that we can continue
working together to restore the benefits for all of our military
retirees who have served with honor and distinction.
The bill also contains robust support for cybersecurity programs and
for crucial submarine programs, including the procurement of two of the
peerless Virginia-class attack submarines in FY14; the development of
the Virginia Payload Module, key to maintaining our undersea strike
capability after the retirement of our SSGN fleet; and the Ohio
Replacement Program, the linchpin of our future national deterrent.
However, I am very concerned that the measure significantly reduces
funding for defense research and development. The R&D work of today
results in the game-changing technologies that enable us to meet the
challenges of the future, and diminishing such efforts is troublingly
short-sighted. We must protect these critical investments in future
legislation.
Today, we will vote to take an important step towards restoring
fiscal order; however, it is not the only step to securing economic
stability for all Americans. In particular, it is unconscionable that
we have yet to extend long-term unemployment benefits for those forced
out of work in a struggling economy. Despite the progress made since
the depths of the recession, there are still 1.3 million fewer jobs
today than six years ago. In fact, thousands of Rhode Islanders have
been looking for work for more than six months, and they deserve our
continued support and a safety net as they continue their search.
Keeping sequestration in place through fiscal year 2014 could have
cost up to an estimated 1.6 million jobs, and I am pleased that we have
been able to avoid some of its most destructive impacts. Moreover, I
applaud this move back to a reliable, consistent budget process, and I
hope today's vote will serve as a fresh opportunity to refocus on
priorities like job creation, medical research, national security,
infrastructure investment, and education.
Mr. DINGELL. Madam Speaker, I rise in support of H.R. 3547, the
Consolidated Appropriations Act for 2014.
I wish to commend my colleagues in the House, Chairman Hal Rogers and
Ranking Member Nita Lowey, and my colleagues in the Senate, Chairwoman
Barbara Mikulski and Ranking Member Richard Shelby, for
[[Page H451]]
their hard work in constructing an omnibus appropriations bill that
sticks to the Murray-Ryan budget agreement. For the last three years,
Congress has struggled to pass appropriations bills and careened from
one manufactured crisis to the next. It is my sincere hope that the
funding bill we consider today is a first step away from that madness
and a return to the regular order of the traditional budget and
appropriations process.
With that said, I am generally content with the funding levels
included in H.R. 3547. Not all Democrats and Republicans got precisely
what they wanted in this bill, but that's the nature of compromise.
Still, the bill lifts most of the sequester for the next year and
ensures that important agencies and programs like the Food and Drug
Administration, the National Park Service, the Department of Energy,
and the Great Lakes Restoration Initiative, to name a few, can do their
jobs and serve the interests of the American people.
It is high time to end the incessant and needless partisan bickering
that has poisoned this place. Our founding fathers intended that
Congress--which means ``a coming together''--should compromise in
governing. I know a good compromise when I see it, and this bill is
one. Don't look a gift horse in the mouth, and vote for this bill. With
this behind us, let's roll up our sleeves and get back to doing the
people's work, which should first and foremost include an immediate
extension of unemployment benefits.
Mr. BISHOP of Georgia. Madam Speaker, I am pleased to rise in support
of the FY 2014 Omnibus Appropriations Bill.
I would first, however, like to commend Committee Chairman Rogers,
Ranking Member Lowey, and all the Committee members and staff on both
sides of the aisle, for exhibiting a fine example of bipartisan
cooperation and teamwork through the production of this bill.
As I stated just now/earlier, I am very pleased with the Military
Construction--Veteran Affairs portion of this omnibus bill and fully
support its recommendations.
As a former member of the Appropriations Defense Subcommittee, I am
confident that the FY14 bill provides adequate funding to meet our
nation's military and security needs for the coming fiscal year and
beyond. More importantly, the bill avoids the extreme and devastating
reductions in funding which would have occurred under the next round of
sequestration, which, as we all know, could have had a profound impact
on our nation's security.
The bill fully funds the President's request for Military Personnel
End Strength for next year, providing for 1,361,400 active-duty troops
and 833,700 reserves; provides sufficient resources to maintain our
commitments abroad, and in particular, ongoing military operations in
Afghanistan; provides adequate funding for new procurement as well as
operations and maintenance activities; it exempts medically retired
personnel and survivor benefit plan annuity recipients from the
temporarily reduced COLA provision included in the Ryan-Murray
Agreement; and fully funds the one percent pay raise for the military,
as requested by the President.
Madam Speaker, I am also pleased that this agreement restores well
over 60% of the sequester on non-defense discretionary spending in 2014
and restores those bills to roughly the FY2013 enacted pre-sequester
levels.
I was particularly pleased with the Agriculture Title, which fully
funds the WIC, SNAP, and other key nutrition programs, and supports our
key farm, rural development, and conservation programs as well.
While I was pleased that the bill addresses a number of key issues,
such as the additional funding for NIH; FAA's Airport Tower program,
additional support for low income housing programs, and Army Corps of
Engineers port construction activity, the bill still falls woefully
short of providing an adequate safety net for the less fortunate.
I was struck, and frankly appalled, by the fact that the bill did not
include funding for the extension of unemployment benefits while
including significant reductions in funding for employment and training
activities at the Department of Labor.
The lack of funding for ``Payments in Lieu of Taxes,'' could prove to
be devastating to rural districts like mine if this issue is not fully
addressed by the authorizers.
So I'm not sure that any of us got all that we believe is needed to
support the fiscal needs of our nation next year. However, I do believe
that this bill provides an ``optimal solution'' and alternative to the
budget skirmishes that have become all too frequent over the past few
years.
Let's stop the bickering, let's get back to regular order, and let's
pass this omnibus bill.
I believe our former Subcommittee Chairman, the late Jack Murtha,
would have called this omnibus a good bill. It deserves our support.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 458, the previous question is ordered.
The question is on the motion by the gentleman from Kentucky (Mr.
Rogers).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion will be followed by a 5-minute vote on
approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 359,
nays 67, not voting 7, as follows:
[Roll No. 21]
YEAS--359
Aderholt
Amodei
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bass
Beatty
Becerra
Benishek
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Blumenauer
Boehner
Bonamici
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brooks (IN)
Brown (FL)
Brownley (CA)
Bucshon
Bustos
Butterfield
Calvert
Camp
Campbell
Cantor
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chaffetz
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Coble
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gallego
Garamendi
Garcia
Gerlach
Gibbs
Gibson
Goodlatte
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Horsford
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marino
Matheson
Matsui
McAllister
McCarthy (CA)
McCaul
McCollum
McDermott
McGovern
McHenry
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Moore
Moran
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Negrete McLeod
Noem
Nolan
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pittenger
Pitts
Pocan
Polis
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Webster (FL)
Welch
Westmoreland
Whitfield
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
[[Page H452]]
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IN)
NAYS--67
Amash
Bachmann
Barton
Bentivolio
Bridenstine
Brooks (AL)
Broun (GA)
Burgess
Byrne
Chabot
Coffman
Cotton
Crawford
Daines
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Franks (AZ)
Gardner
Garrett
Gingrey (GA)
Gohmert
Gosar
Grijalva
Hall
Holding
Holt
Huelskamp
Johnson, Sam
Jordan
King (IA)
Kingston
Labrador
LaMalfa
Lamborn
Lankford
Long
Lummis
Marchant
Massie
McClintock
McIntyre
Meadows
Mullin
Neugebauer
Nugent
Pearce
Petri
Poe (TX)
Pompeo
Posey
Ribble
Rohrabacher
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Smith (MO)
Smith (NE)
Terry
Tipton
Weber (TX)
Wenstrup
Williams
NOT VOTING--7
Buchanan
Cleaver
Gabbard
Jones
McCarthy (NY)
Rush
Stockman
{time} 1618
Mr. NEAL and Ms. ROYBAL-ALLARD changed their vote from ``nay'' to
``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 458, the House
is considered to have adopted House Concurrent Resolution 74.
The text of House Concurrent Resolution 74 is as follows:
H. Con. Res. 74
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill H.R. 3547,
the Clerk of the House of Representatives shall amend the
long title so as to read: ``Making consolidated
appropriations for the fiscal year ending September 30, 2014,
and for other purposes.''.
____________________