[Congressional Record Volume 160, Number 9 (Wednesday, January 15, 2014)]
[House]
[Pages H475-H1215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF
THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING THE HOUSE AMENDMENT TO
THE SENATE AMENDMENT ON H.R. 3547, CONSOLIDATED APPROPRIATIONS ACT,
2014
The following is an explanation of the Consolidated
Appropriations Act, 2014.
This Act contains the twelve regular appropriations bills
for fiscal year 2014. The divisions contained in the Act are
as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2014;
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2014;
Division C--Department of Defense Appropriations
Act, 2014;
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2014;
Division E--Financial Services and General
Government Appropriations Act, 2014;
Division F--Department of Homeland Security
Appropriations Act, 2014;
Division G--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;
Division I--Legislative Branch Appropriations Act,
2014;
Division J--Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2014;
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014;
and
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2014.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act specifies that this explanatory
statement shall have the same effect with respect to the
allocation of funds and implementation of this legislation as
if it were a joint explanatory statement of a committee of
conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act states that each amount designated by
Congress as being for Overseas Contingency Operations/Global
War on Terrorism is contingent on the President so
designating all such amounts and transmitting such
designations to Congress. The provision is consistent with
the requirements in the Budget Control Act of 2011 for
Overseas Contingency Operations/Global War on Terrorism
designations by the President.
Section 7 of the Act addresses possible technical
scorekeeping differences for fiscal year 2014 between the
Office of Management and Budget and the Congressional Budget
Office.
Section 8 of the Act includes the text of the Senate
amendment to H.R. 3547, relating to launch liability
extension.
The Act does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Congressional Directives
The explanatory statement remains silent on provisions that
were in both the House Report (H.Rpt. 113-116) and Senate
Report (S.Rpt. 113-46) that remain unchanged by this
agreement, except as noted in this explanatory statement.
The agreement restates that executive branch wishes cannot
substitute for Congress' own statements as to the best
evidence of congressional intentions, which are the official
reports of the Congress. The agreement further points out
that funds in this Act must be used for the purposes for
which appropriated, as required by section 1301 of title 31
of the United States Code, which provides: ``Appropriations
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by
law.''
The House and Senate report language that is not changed by
the explanatory statement is approved and indicates
congressional intentions. The explanatory statement, while
repeating some report language for emphasis, does not intend
to negate the language referred to above unless expressly
provided herein.
In cases in which the House or the Senate have directed the
submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations no
later than 60 days after enactment, unless otherwise
directed.
Hereafter, in Division A of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $43,778,000 for the Office of the
Secretary.
The following table reflects the agreement:
OFFICE OF THE SECRETARY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary...................................... $5,051
Office of Tribal Relations................................... 498
Office of Homeland Security and Emergency Coordination....... 1,496
Office of Advocacy and Outreach.............................. 1,209
Office of Assistant Secretary for Administration............. 23,590
Departmental Administration.................................. (22,786)
Office of Assistant Secretary for Congressional Relations.... 3,869
Office of Communications..................................... 8,065
----------
Total, Office of the Secretary........................... $43,778
------------------------------------------------------------------------
During fiscal year 2013, the Department of Agriculture
(USDA) failed to communicate to the Committees information
related to a number of Congressional priorities. In
particular, the Department failed to provide timely updates
on major spending changes for the Modernize and Innovate the
Delivery of Agricultural Systems and the Rental Assistance
Program among others. In fiscal year 2014 and beyond, it is
incumbent upon USDA to promptly notify the Committees in
writing and via briefing on major changes in projects or
programs in order for the Committees to fulfill their
oversight responsibilities.
The agreement reiterates that reports requested by the
Committees are an important part of congressional oversight.
The Department is consistently delinquent in submitting these
reports, especially due to excessively long reviews in the
Office of the Secretary. The Secretary is directed to ensure
that the dates and directives, which are
[[Page H476]]
mandatory, in the House and Senate Committee reports and this
agreement are met. Any agency that does not submit its report
on time may be called upon to explain its actions before
Congress.
In order to leverage existing capacity and expertise within
the Department, the Secretary is directed to explore the
creation of a Center of Excellence for loan servicing support
functions in order to provide consolidated customer service,
field office support, and centralized loan services to USDA
agencies and other Federal agencies. The Secretary shall
consult with employee representatives and management in the
Farm Service Agency Farm Loan Information Technology,
Accounting, and Finance Office loan servicing support
functions; the Rural Development Deputy Chief Financial
Officer and Deputy Chief Information Officer functions; and
the Rural Housing Centralized Servicing Center. The
Department is reminded that any consolidation of effort or
functions is subject to the reprogramming requirements of
this Act.
In accordance with the America COMPETES Reauthorization Act
of 2010 (Public Law 111--358) and Office of Science and
Technology Policy (OSTP) guidance, USDA has submitted a plan
to make federally funded research publicly available. OSTP
has yet to publish the coordinated, government-wide plan to
make federally funded research publicly available. USDA is
directed to report to the Committees within 30 days of the
release of the OSTP report on its efforts to make such
research available.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $16,777,000 for the Office of the
Chief Economist.
NATIONAL APPEALS DIVISION
The agreement provides $12,841,000 for the National Appeals
Division.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $9,064,000 for the Office of Budget
and Program Analysis.
The agreement does not include funding to establish the
position of Chief Evaluation Officer.
Office of the Chief Information Officer
The agreement provides $44,031,000 for the Office of the
Chief Information Officer. This amount includes not less than
$27,000,000 to support cybersecurity requirements of the
Department.
Office of the Chief Financial Officer
The agreement provides $6,213,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $893,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $21,400,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $233,000,000 for Agriculture
Buildings and Facilities and Rental Payments. The agreement
includes $164,470,000 for rental payments; $13,800,000 for
Department of Homeland Security building security; and
$54,730,000 for building operations and maintenance.
The agreement includes the full funding request for GSA
Rental Payments. However, there is concern that despite a
decline in staff years of over 12 percent in the past decade,
rental costs have risen during this same period of time. The
Department is directed to perform a comprehensive review of
its rental space needs and report back to the Committees
within 90 days of enactment with proposed options to reduce
the total rental space and corresponding funding needs across
the Department in fiscal year 2015 and beyond. The report
should provide specific recommendations on where the
Department may be able to consolidate space needs and where
they can work with the General Services Administration to
negotiate lower rental rates.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,592,000 for Hazardous Materials
Management.
Office of Inspector General
The agreement provides $89,902,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $41,202,000 for the Office of the
General Counsel.
Office of Ethics
The agreement provides $3,440,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $893,000 for the Office of the Under
Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $78,058,000 for the Economic
Research Service.
National Agricultural Statistics Service
The agreement provides $161,206,000 for the National
Agricultural Statistics Service, including $44,545,000 for
the Census of Agriculture.
Included within funding for the Census of Agriculture is an
increase of $2,250,000 for the Organic Production Survey.
Since 2012, NASS has suspended or eliminated a number of
reports due to budget constraints and has been unable to
carry out four Current Industrial Reports formerly compiled
by the U.S. Census Bureau. The funding level provided will
allow NASS to resume or begin compilation of these reports at
the frequency levels assumed in fiscal year 2012. NASS is
directed to resume all of these reports immediately upon
enactment of this Act. Further, this funding level will allow
NASS to carry out its full plan for fiscal year 2014 reports
as presented in the budget.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,116,924,000 for the Agricultural
Research Service, Salaries and Expenses.
The agreement does not accept the President's budget
request regarding the termination of extramural research,
reallocation of funds, or closure of six research locations.
The agreement expects extramural research to be funded
without the reductions assessed in fiscal years 2012 and
2013.
The agreement includes funding increases for human
nutrition research, sustainable water use research, the
National Agricultural Library, agroforestry, forage
production, forest products, FOV Race 4, and improved
scientific capacity.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $772,559,000 for the National
Institute of Food and Agriculture's research and education
activities.
The agreement directs the Department to include in the
budget for fiscal year 2015 the funding levels proposed to be
allocated to and the expected publication date, scope, and
allocation level for each request for awards to be published
under (1) each priority area specified in section 2(b)(2) of
the Competitive, Special, and Facilities Research Grant Act
(7 U.S.C. 450i(b)(2)); (2) each research and extension
project carried out under section 1621(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5811(a)); (3) each grant awarded under section 1672B(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925b(a)); (4) each research, education, and extension
project carried out under section 406 of the Research Reform
Act of 1998 (7 U.S.C. 7626); and (5) each research and
extension project carried out under section 412 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632). The term `request for awards' means a
funding announcement published by NIFA that provides detailed
information on funding opportunities at the Institute,
including the purpose, eligibility, restrictions, focus
areas, evaluation criteria, regulatory information, and
instructions on how to apply for such opportunities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act,...................... 7 U.S.C. 361a-i.... $243,701
McIntire-Stennis Cooperative 16 U.S.C. 582a 33,961
Forestry Act. through a-7.
Research at 1890 Institutions 7 U.S.C. 3222...... 52,485
(Evans-Allen Program).
Payments to the 1994 534(a)(1) of P.L. 3,439
Institutions. 103-382.
Education Grants for 1890 7 U.S.C. 3152(b)... 19,336
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241...... 9,219
Serving Institutions.
Education Grants for Alaska 7 U.S.C. 3156...... 3,194
Native and Native Hawaiian-
Serving Institutions.
Research Grants for 1994 7 U.S.C. 301 note.. 1,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i..... 4,500
Grant Colleges of Agriculture.
Resident Instruction and 7 U.S.C. 3222b-2, 1,800
Distance Education Grants for 3362 and 3363.
Insular Areas.
Agriculture and Food Research 7 U.S.C. 450i(b)... 316,409
Initiative.
Veterinary Medicine Loan 7 U.S.C. 3151a..... 4,790
Repayment.
Continuing Animal Health and 7 U.S.C. 3195...... 4,000
Disease Research Program.
Supplemental and Alternative 7 U.S.C. 3319d..... 825
Crops.
Critical Agricultural Materials 7 U.S.C. 178 et 1,081
Act. seq..
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-Year Post- 7 U.S.C. 3152(j)... 900
Secondary Education.
Aquaculture Centers............. 7 U.S.C. 3322...... 4,000
[[Page H477]]
Sustainable Agriculture Research 7 U.S.C. 5811, 22,667
and Education. 5812, 5831, and
5832.
Farm Business Management........ 7 U.S.C. 5925f..... 1,450
Sun Grant Program............... 7 U.S.C. 8114...... 2,500
Improved Pest Control:
Minor Crop Pest Management 7 U.S.C. 450i(c)... 11,913
(IR-4).
Alfalfa and Forage Research 7 U.S.C. 5925...... 1,350
Program.
Special Research Grants:........ 7 U.S.C. 450i(c)... .................
Global Change/UV Monitoring..... ................... 1,405
Potato Research................. ................... 1,350
Aquaculture Research............ ................... 1,350
------------------
Total, Special Research ................... 4,105
Grants.
Necessary Expenses of Research
and Education Activities:
Grants Management System.... ................... 7,830
Federal Administration-- ................... 6,303
Other Necessary Expenses
for Research and Education
Activities.
------------------
Total, Necessary Expenses... ................... 14,133
Total, Research and ................... $772,559
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
HISPANIC-SERVING AGRICULTURAL COLLEGES
AND UNIVERSITIES ENDOWMENT FUND
The agreement does not provide an appropriation for the
Hispanic-Serving Agricultural Colleges and Universities
Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $469,191,000 for the National
Institute of Food and Agriculture's extension activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and 7 U.S.C. 343(b) and $300,000
(c) programs and Cooperative (c) and 208(c) of
Extension. P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221...... 43,920
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3). 4,446
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b..... 19,730
Institutions.
Renewable Resources Extension 16 U.S.C. 1671 et 4,060
Act. seq..
Rural Health and Safety 7 U.S.C. 2662(i)... 1,500
Education Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642...... 1,250
Database Program.
Women and Minorities in STEM 7 U.S.C. 5925...... 400
Fields.
Smith-Lever, Section 3(d):...... 7 U.S.C. 343(d).... .................
Food and Nutrition Education ................... 67,934
Farm Safety and Youth Farm ................... 4,610
Safety Education Programs.
New Technologies for ................... 1,550
Agricultural Extension.
Children, Youth, and ................... 8,395
Families at Risk.
Federally Recognized Tribes ................... 3,039
Extension Program.
Total, Section 3(d)..... ................... 85,528
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 ................... 552
Classroom.
Federal Administration-- ................... 7,805
Other Necessary Expenses
for Extension Activities.
------------------
Total, Necessary ................... 8,357
Expenses.
Total, Extension ................... $469,191
Activities.
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The agreement provides $35,317,000 for the National
Institute of Food and Agriculture's integrated activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Water Quality Program........... 7 U.S.C. 7626...... $4,500
Methyl Bromide Transition 7 U.S.C. 7626...... 1,996
Program.
Organic Transition Program...... 7 U.S.C. 7626...... 4,000
Regional Rural Development 7 U.S.C. 450i(c)... 998
Centers.
Food and Agriculture Defense 7 U.S.C. 3351...... 6,680
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626...... 17,143
Program.
------------------
Total, Integrated Activities ................... $35,317
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $893,000 for the Office of the Under
Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $821,721,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and
Expenses.
The agreement does not support the request in the
President's fiscal year 2014 budget for APHIS to fund two
separate accounts for Equine and Cervid Health and Sheep and
Goat Health.
The latest data from 2007 indicate that the cervid industry
in the U.S. accounts for 5,600 deer farms and 1,900 elk
farms, has an economic value of $894,000,000, and supports
nearly 30,000 jobs. This industry is currently adapting to a
2012 interim final rule that established a national,
voluntary herd certification program (HCP) that provides
uniform herd certification standards and will support the
domestic and international marketability of U.S. cervid
herds. The agreement believes that the industry requires
additional support to ensure that the newly implemented
chronic wasting disease HCP is successful. Therefore, APHIS
should spend no less than $3,000,000 for cervid health
activities. Within the funds provided, APHIS should give
consideration to indemnity payments if warranted.
The agreement acknowledges the growing economic and
ecological damage caused by feral swine across the United
States. Conservative estimates indicate feral swine are
present in 44 States, and agricultural losses and control
efforts cost $1,500,000,000 annually. The agreement
understands that computer models have shown that lethal
methods combined with contraception could significantly
reduce feral swine populations over several years. In
addition to the agreement's support for the Department's
proposed increased funding for feral swine management, the
agreement encourages Wildlife Services to explore development
and field testing of non-hormonal, species-specific oral
contraceptives, such as phaged-peptide constructs.
The agreement provides funding for the animal disease
traceability system within the Animal Health Technical
Services line item. APHIS is directed to submit quarterly
reports to the Committees with system updates on the
traceability framework, State and Tribal coordination,
specific cost information, assessments of progress, and any
deviations from the scheduled completion dates.
The National Clean Plant Network is instrumental in
ensuring that safe, virus-free plant materials are available
to orchards, vineyards, and other growers. Clean plant
materials are critical to keeping our agriculture industry
competitive in a global marketplace. The agreement recognizes
the value of the National Clean Plant Network to improve
detection and eradication of viruses, encourages the
Department to continue its work on this important program,
and includes funding for these purposes in Plant Protection
Methods Development.
[[Page H478]]
The agreement provides (Sec. 748) one-time funding of
$20,000,000 for the efforts of the multi-agency coordination
involving the citrus industry, Federal and State regulatory
personnel, and researchers to combat the spread and eventual
eradication of citrus greening. APHIS is encouraged to use
reimbursable and cooperative agreements with Federal and
State entities as necessary to respond to this growing
threat. The Department is directed to provide the Committees
with a spending plan for these one-time funds within 90 days
of enactment. Funds are available until September 30, 2015.
The agreement provides $26,900,000 for the agriculture
quarantine inspections function, including pre-departure and
interline inspections.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Animal Health Technical Services........................... $35,339
Aquatic Animal Health...................................... 2,253
Avian Health............................................... 52,340
Cattle Health.............................................. 92,500
Equine, Cervid & Small Ruminant Health..................... 19,500
National Veterinary Stockpile.............................. 3,722
Swine Health............................................... 22,250
Veterinary Biologics....................................... 16,417
Veterinary Diagnostics..................................... 31,540
Zoonotic Disease Management................................ 9,523
------------
Subtotal, Animal Health................................ 285,384
Agricultural Quarantine Inspection (Appropriated).......... 26,900
Cotton Pests............................................... 12,720
Field Crop & Rangeland Ecosystems Pests.................... 8,826
Pest Detection............................................. 27,446
Plant Protection Methods Development....................... 24,549
Specialty Crop Pests....................................... 151,500
Tree & Wood Pests.......................................... 54,000
------------
Subtotal, Plant Health................................. 305,941
Wildlife Damage Management................................. 87,428
Wildlife Services Methods Development...................... 18,856
------------
Subtotal, Wildlife Services............................ 106,284
Animal & Plant Health Regulatory Enforcement............... 16,224
Biotechnology Regulatory Services.......................... 18,135
------------
Subtotal, Regulatory Services.......................... 34,359
Contingency Fund........................................... 470
Emergency Preparedness & Response.......................... 16,966
------------
Subtotal, Emergency Management......................... 17,436
Agriculture Import/Export.................................. 14,099
Overseas Technical & Trade Operations...................... 20,114
------------
Subtotal, Safe Trade................................... 34,213
Animal Welfare............................................. 28,010
Horse Protection........................................... 697
------------
Subtotal, Animal Welfare............................... 28,707
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,146
------------
Subtotal, Agency Management............................ 9,397
Total, Direct Appropriation........................ $821,721
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for Animal and Plant
Health Inspection Service Buildings and Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $79,914,000 for the Agricultural
Marketing Service.
The agreement does not approve of USDA's continued
implementation, enforcement, and the associated spending
related to the mandatory country of origin labeling
regulation for certain meat products during the pending World
Trade Organization (WTO) dispute with Canada and Mexico. When
USDA responded to a WTO arbitration ruling with a final rule
entitled ``Mandatory Country of Origin Labeling of Beef, Pork
. . .'' 78 Federal Register 31367, on May 24, 2013, the final
rule estimated implementation costs of $123,300,000 at the
midpoint and ranging from $53,100,000 at the low end to
$192,100,000 at the high end. In addition to the high cost of
implementing the rule, the complainants have responded by
formally stating that the revised final regulation does not
address the international trade compliance concerns raised by
the two countries in their WTO case. On June 7, 2013, Canada
issued a list of U.S. products (agricultural and non-
agricultural exports to Canada) that would face higher
tariffs totaling up to $1,100,000,000. Mexico is expected to
issue a similar list of U.S. exports totaling several hundred
million dollars. If the complainants do prevail, industry may
be forced to change their labels and practices once again and
the Nation will suffer the economic impact of approximately
$2,000,000,000 in retaliation actions affecting agriculture
and non-agriculture jobs and industries across the U.S. It is
strongly recommended that USDA not force increased costs on
industry and consumers and that the Department delay
implementation and enforcement of the final rule (78 Federal
Register 31367) until the WTO has completed all decisions
related to cases WT/DS384 and WT/DS386.
The agreement includes a $1,000,000 increase above the
fiscal year 2012 level for the National Organic Program.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation on administrative
expenses of $60,435,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $20,056,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund for
fiscal year 2014:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Program Amount
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)............... $9,211,183
Less Transfers:
Food & Nutrition Service.......................... (8,011,569)
Commerce Department............................... (130,144)
---------------------------------------------------------
Total, Transfers.................................. (8,141,713)
Prior Year Appropriation Available, Start of Year..... 313,531
Unavailable for Obligations (recoveries & offsetting ........................................................
collections).........................................
Transfer of Prior Year Funds to FNS (F&V)............. (117,000)
---------------------------------------------------------
Budget Authority...................................... 1,266,001
Rescission of Current Year Funds...................... (189,000)
Appropriations Reduced 7.2 Percent by Sequestration... (79,704)
Unavailable for Obligations (F&V Transfer-FNS)........ (119,000)
---------------------------------------------------------
Available for Obligation.............................. 878,297
Less Obligations:
Child Nutrition Programs (Entitlement Commodities).... 465,000
State Option Contract................................. 5,000
Removal of Defective Commodities...................... 2,500
Emergency Surplus Removal............................. ........................................................
Small Business Support................................ ........................................................
Disaster Relief....................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases..... 206,000
Fresh Fruit and Vegetable Program..................... 41,000
Estimated Future Needs................................ 99,119
---------------------------------------------------------
Total, Commodity Procurement...................... 823,619
Administrative Funds:
Commodity Purchase Support........................ 34,622
Marketing Agreements and Orders................... 20,056
---------------------------------------------------------
Total, Administrative Funds................... 54,678
Total Obligations............................. 878,297
Unavailable for Obligations (F&V transfer to FNS)..... 119,000
Balances, Collections, and Recoveries Not Available... ........................................................
---------------------------------------------------------
Total, End of Year Balances....................... $119,000
----------------------------------------------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,363,000 for Payments to States
and Possessions.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
The agreement provides $40,261,000 for the Grain
Inspection, Packers and Stockyards Administration.
The agreement includes the full funding level requested for
the Grain Regulatory Program.
[[Page H479]]
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $50,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $811,000 for the Office of the Under
Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,010,689,000 for the Food Safety
and Inspection Service and does not include the additional
funding requested to add 20 states to the Cooperative
Interstate Program.
The agreement supports implementation of section 11016 of
Public Law 110-246 and expects USDA to meet its statutory
obligation and promulgate regulations to implement this
section using the broad definition contained in its proposed
rule.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Federal............................................... $893,740
State................................................. 62,734
International......................................... 15,883
Codex Alimentarius.................................... 3,752
Public Health Data Communications Infrastructure 34,580
System...............................................
-----------------
Total, Food Safety and Inspection Service......... $1,010,689
------------------------------------------------------------------------
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The agreement provides $893,000 for the Office of the Under
Secretary for Farm and Foreign Agricultural Services.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,177,926,000 for the Farm Service
Agency.
The agreement directs USDA to pursue options for obtaining
additional reimbursements from public and private entities
for the cost of providing imagery and/or imagery services
acquired through the National Agriculture Imagery Program
(NAIP). The supplemental funding would allow the NAIP program
to collect high-quality digital aerial photography of the
entire continental U.S. each year. In addition to base funds,
these supplemental contributions should provide the maximum
benefit for USDA programs and other users of these images.
Within 90 days of enactment of this Act, USDA shall submit a
report to the Committees that includes a detailed description
of options for obtaining such reimbursements, including a
discussion on the option to request new legislative
authority.
The following table reflects the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Salaries and expenses...................................... $1,177,926
Transfer from P.L. 480................................. 2,735
Transfer from Export Loans............................. 354
Transfer from ACIF..................................... 306,998
------------
Total, FSA Salaries and expenses....................... $1,488,013
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $3,782,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $5,526,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $250,000 for the Dairy Indemnity
Program.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The following table reflects the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Farm Ownership Loans:
Direct..................................... ($575,000)
Subsidy.................................... $4,428
Guaranteed................................. ($2,000,000)
Subsidy.................................... .......................
Farm Operating Loans:
Direct..................................... ($1,195,620)
Subsidy.................................... $65,520
Unsubsidized Guaranteed.................... ($1,500,000)
Subsidy.................................... $18,300
Emergency Loans................................ ($34,658)
Subsidy.................................... $1,698
Indian Tribe Land Acquisition Loans............ ($2,000)
Subsidy.................................... .......................
Conservation Loans-Guaranteed.................. ($150,000)
Subsidy.................................... .......................
Indian Highly Fractionated Land................ ($10,000)
Subsidy.................................... $68
Boll Weevil Eradication........................ ($60,000)
Subsidy.................................... .......................
ACIF Expenses:
Salaries and Expenses...................... $306,998
Administrative Expenses.................... $7,721
------------------------------------------------------------------------
=========================== NOTE ===========================
January 15, 2014 on H479 the following appeared: Farm Ownership Loans:
Direct Subsidy ....................................................
($575,000) $4,428 Guaranteed Subsidy
.................................................... ($2,000,000) Farm
Operating Loans: Direct Subsidy
................................................ ($1,195,620) $65,520
Unsubsidized Guaranteed Subsidy ................ ($1,500,000) $18,300
Emergency Loans Subsidy ................ ($34,658) $1,698 Indian Tribe
Land Acquisition Loans Subsidy ...........................
($2,000)Conservation Loans-Guaranteed Subsidy
............................ ($150,000) Indian Highly Fractionated Land
Subsidy ........................ ($10,000) $68 Boll Weevil Eradication
Subsidy .............................................. ($60,000) ACIF
Expenses: Salaries and Expenses
...................................................... $306,998
Administrative Expenses
....................................................... $7,721
========================= END NOTE =========================
The online version should be corrected to read: Farm Ownership Loans:
Direct .................... ($575,000) Subsidy
........................................................................
....... $4,428
Guaranteed..............................................................
....... ($2,000,000) Subsidy
........................................................................
...$0 Farm Operating Loans: Direct
........................................................................
...... ($1,195,620) Subsidy
........................................................................
...... $65,520 Unsubsidized
Guaranteed............................................... ($1,500,000)
Subsidy
........................................................................
...... $18,300 Emergency
Loans...................................................................
.. ($34,658) Subsidy
........................................................................
....... $1,698 Indian Tribe Land Acquisition
Loans...................................................................
...................... ($2,000)
........................................................................
..........$0 Conservation Loans-
Guaranteed............................................ ($150,000)
Subsidy .............
........................................................................
.$0 Indian Highly Fractionated
Land................................................ ($10,000) Subsidy
.............
.......................................................................
$68 Boll Weevil Eradication
............................................................. ($60,000)
Subsidy
........................................................................
............... $0 ACIF Expenses: Salaries and Expenses
....................................................... $306,998
Administrative Expenses
........................................................ $7,721
Risk Management Agency
The agreement provides $71,496,000 for the Risk Management
Agency.
There is concern about the pace of progress in implementing
an organic price election for all organic crops as required
in the Food, Conservation, and Energy Act of 2008. USDA is
urged to make every effort to implement this requirement as
quickly as possible. The Department is requested to provide a
report to the Committees with its strategic plan and
timetable to implement organic price elections for all
organic crops produced in compliance with the National
Organic Program regulations under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
Corporations
Federal Crop Insurance Corporation Fund
The agreement provides an appropriation of such sums as may
be necessary for the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides an appropriation of such sums as may
be necessary for Reimbursement for Net Realized Losses of the
Commodity Credit Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $5,000,000 for
Hazardous Waste Management.
TITLE II--CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The agreement provides $893,000 for the Office of the Under
Secretary for Natural Resources and Environment.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $812,939,000 for Conservation
Operations.
The agreement includes $9,300,000 for the Snow Survey and
Water Forecasting Program; $9,400,000 for the Plant Materials
Centers; $80,000,000 for the Soil Surveys Program; $3,000,000
for ongoing watershed projects; and $711,239,000 for
conservation technical assistance.
WATERSHED REHABILITATION PROGRAM
The agreement provides $12,000,000 for the Watershed
Rehabilitation Program.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $893,000 for the Office of the Under
Secretary for Rural Development.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $203,424,000 for Rural Development
Salaries and Expenses.
The agreement directs the Secretary to report to the
Committees within 90 days of enactment on the current
structure and future needs of the administrative and
information technology systems that support the Rural Housing
Service's guaranteed loan program, including a comparison of
RHS systems with other similar federal systems.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $462,404,000 for
activities under the Rural Housing Insurance Fund Program
Account. This includes a transfer of $415,100,000 to the
Rural Development Salaries and Expenses account.
The agreement consolidates REAP Zone set-asides, previously
included in individual accounts, into one general provision.
It is intended that this general provision be implemented in
the same manner as the individual REAP Zone set-asides
described in S. 1244.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Loan authorizations:
Single family direct (sec. 502).................. ($900,000)
Single family unsubsidized guaranteed............ (24,000,000)
Housing repair (sec. 504)........................ (26,280)
Rental housing (sec. 515)........................ (28,432)
Multi-family guaranteed (sec. 538)............... (150,000)
Credit sales of acquired property................ (10,000)
Self-help housing land development (sec. 523).... (5,000)
Site development loans (sec. 524)................ (5,000)
Farm labor housing............................... (23,855)
------------------
Total, Loan authorizations................... ($25,148,567)
Loan subsidies:
Single family direct (sec. 502).................. $24,480
Housing repair (sec. 504)........................ 2,176
Rental housing (sec. 515)........................ 6,656
Farm labor housing............................... 5,656
------------------
Subtotal, Loan subsidies..................... 38,968
Farm labor housing grants........................ 8,336
Total, loan subsidies and grants............. $47,304
Administrative expenses (transfer to RD)............. $415,100
Total, Loan subsidies, grants, and $462,404
administrative expenses.....................
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,110,000,000 for the Rental
Assistance Program.
The agreement directs the Secretary to develop proposals to
make short and long-term program adjustments to ensure the
long-term stability and sustainability of the rental
assistance program. In developing these proposals, the
Secretary shall consider the management mechanisms and
authorities that the Housing Acts governing other federal
multi-family housing programs provide that USDA currently
does not have, mechanisms that would enable the Department to
proactively and strategically manage any future funding
shortfalls, and the long-term viability of the program. The
Secretary is directed to expeditiously report to the
Committees on these proposals.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The agreement provides $32,575,000 for the Multi-Family
Housing Revitalization Program Account.
This includes $12,575,000 for vouchers and $20,000,000 for
a housing preservation demonstration program.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $25,000,000 for Mutual and Self-Help
Housing Grants.
[[Page H480]]
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $32,239,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Very-low income housing repair grants...................... $28,701
Housing preservation grants................................ 3,538
------------
Total, grants.......................................... $32,239
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $32,520,000 for the Rural Community
Facilities Program Account.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Loan Authorizations:
CF direct loans.................................. ($2,200,000)
CF guaranteed loans.............................. (59,543)
Loan Subsidies and Grants:
CF guaranteed loans.............................. 3,775
CF grants........................................ 13,000
Rural Community Development Initiative........... 5,967
Economic Impact Initiative....................... 5,778
Tribal College Grants............................ 4,000
------------------
Total, subsidies and grants.................. $32,520
------------------------------------------------------------------------
Rural Business-Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $96,539,000 for the Rural Business
Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Business and Industry loan program:
Guaranteed loan authorization.............................. ($958,097)
Guaranteed loan subsidy.................................... 66,971
Rural business enterprise grants........................... 24,318
Rural business opportunity grants.......................... 2,250
Delta Regional Authority................................... 3,000
------------
Total, subsidy and grants.............................. $96,539
------------------------------------------------------------------------
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $8,521,000 for the Rural Development
Loan Fund Program Account.
The agreement provides for a transfer of $4,439,000 to the
Rural Development Salaries and Expenses account.
The following table reflects the loan and subsidy levels
provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization......................................... ($18,889)
Loan subsidy............................................... 4,082
Administrative expenses (Transfer to RD)................... 4,439
------------
Total, subsidy and administrative expenses............. $8,521
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $33,077,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $26,050,000 for Rural Cooperative
Development Grants.
The agreement includes $5,800,000 for cooperative
development grants; $2,250,000 for a cooperative agreement
for the Appropriate Technology Transfer for Rural Areas
program; $3,000,000 for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to
small, socially disadvantaged producers; and $15,000,000 for
value-added agricultural product market development grants.
RURAL MICROENTERPRISE INVESTMENT PROGRAM
The agreement does not include funding for the Rural
Microenterprise Investment Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $3,500,000 for the Rural Energy for
America Program.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $462,371,000 for the Rural Water and
Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans..................... ($1,200,000)
Water and waste guaranteed loans................. (50,000)
Direct loans authorized by P.L. 83-566........... (40,000)
Subsidies and grants:
Guaranteed loan subsidy.......................... 355
Water and waste revolving fund................... 1,000
Water well system grants......................... 993
Grants for Colonias, Native Americans, Alaskan 66,500
Native Villages, and Hawaiian Home Lands........
Water and waste technical assistance grants...... 19,000
Circuit Rider program............................ 15,000
Solid waste management grants.................... 4,000
High energy cost grants.......................... 10,000
Water and waste disposal grants.................. 345,523
------------------
Total, subsidies and grants.................. $462,371
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $34,478,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The agreement provides for an estimated loan level of
$6,190,000,000.
The agreement provides for a transfer of $34,478,000 to the
Rural Development Salaries and Expenses account.
With the establishment of the RUS Energy Efficiency and
Conservation loan program, RUS is encouraged to utilize up to
$250,000,000 of the electric loan program for this
initiative. It is recognized that the interest rates under
the program may need to be adjusted to increase program
utilization in the future.
The agreement provides flexibility to allow the agency to
utilize funding in the most effective manner among the three
telecommunications programs.
The following table indicates loan levels provided by the
agreement.
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:........................................
Direct, FFB...................................... (5,000,000)
Guaranteed underwriting.......................... (500,000)
------------------
Subtotal....................................... (5,500,000)
==================
Telecommunications................................... (690,000)
Total, loan authorizations....................... ($6,190,000)
==================
Administrative expenses (transfer to RD)............. 34,478
------------------
Total, Loan subsidies and administrative expenses $34,478
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $39,195,000 for the Distance
Learning, Telemedicine, and Broadband Program.
The agreement provides $24,323,000 for grants for
telemedicine and distance learning services in rural areas.
The agreement provides $3,000,000 for telemedicine and
distance learning grants for health needs in the Mississippi
River Delta area and $2,000,000 for grants to noncommercial
educational television broadcast stations that serve rural
areas.
The agreement provides $10,372,000 for grants to finance
broadband transmission and Internet services in unserved
rural areas.
The agreement provides an estimated loan level of
$34,483,000 and $4,500,000 in subsidy for broadband
telecommunications.
The agreement directs RUS to focus expenditures on projects
that bring broadband service to currently unserved
households.
TITLE IV--DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
The agreement provides $811,000 for the Office of the Under
Secretary for Food, Nutrition and Consumer Services.
USDA is directed to work with States to ensure full
compliance with the law that all WIC and SNAP participants
meet all program eligibility requirements. USDA is also
directed to ensure these programs are not being promoted to
ineligible individuals, which would increase program costs.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $19,287,957,000 for Child Nutrition
Programs. Included in the total is an appropriated amount of
$11,276,388,000 and a transfer from Section 32 of
$8,011,569,000.
In lieu of the language in the House and Senate reports on
School Meals, the Secretary is directed to establish a waiver
approval process within 90 days of enactment for States to
grant waivers for the 2014-15 school year to any local
educational agency that certifies it cannot operate a food
service program without incurring increased costs in order to
comply with the interim final rule entitled ``National School
Lunch Program and School Breakfast Program: Nutrition
Standards for All Foods Sold in School'' and/or Part 220 of
title 7, Code of Federal Regulations as such part relates to
establishing new nutrition standards for the school breakfast
program. The Secretary is further directed to provide schools
that are granted a waiver technical assistance to help with
implementation in future years.
USDA is directed to provide sufficient guidance and
training so that States can ensure that all approved CACFP
sites providing at-risk, after-school snacks and suppers, are
in full compliance with the eligibility requirements for
participating in the program.
There continues to be concern about high error and improper
payment rates in the National School Lunch Program (NSLP) and
the School Breakfast Program (SBP). For fiscal year 2013, the
NSLP had an error rate of 15.69 percent totaling
$1,800,000,000 in improper payments, and the SBP had an error
rate of 25.26 percent totaling $831,000,000 in improper
payments. The agreement provides the requested funding to
support USDA's efforts to reduce erroneous payments. USDA is
directed to work with States and local educational agencies
and submit a plan to the Committees within 60 days of
enactment detailing the steps it will take to reduce high
error and improper payment rates.
The agreement provides the following for Child Nutrition
Programs:
[[Page H481]]
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Child Nutrition Programs:
School lunch program.................................. $10,576,266
School breakfast program.............................. 3,728,579
Child and adult care food program..................... 3,079,915
Summer food service program........................... 461,584
Special milk program.................................. 10,608
State administrative expenses......................... 247,182
Commodity procurement................................. 1,078,668
Food Safety Education................................. 2,649
Coordinated Review.................................... 10,000
Computer Support and Processing....................... 11,002
CACFP training and technical assistance............... 8,016
Child Nutrition Program Studies and Evaluations....... 19,697
Child Nutrition payment accuracy...................... 9,617
Farm to school tactical team.......................... 2,170
Team Nutrition........................................ 15,504
Healthier US Schools Challenge........................ 1,500
School Meals Equipment Grants......................... 25,000
---------------
Total............................................... $19,287,957
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The agreement provides $6,715,841,000 for the Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC).
WIC regulations require the State agency conduct an on-site
visit prior to or at the time of a vendor's initial
authorization. The visit is part of the application review
process that could take up to 90 days. USDA has taken strong
actions to impose vendor moratoriums in States where
questionable vendor practices have been identified. The
agreement includes language to address a backlog of vendor
applications that exists in States that have a federally
imposed vendor moratorium. It is understood the Secretary
will establish terms and conditions focusing onexisting
retailers that are in good standing, are at a low risk for
fraud, and have existing master agreements in place.
The agreement expects the Secretary to amend 7 CFR 246.10
in order for state agencies to include all varieties of
fresh, whole, or cut vegetables, except for vegetables with
added sugars, fats, oils; provided that inclusion of such
vegetables contribute towards meeting the special nutritional
needs of program participants and increases the availability
of low-cost, high-nutrient alternatives for participants
throughout the year. Within 15 days of any decision not to
comply, the Secretary shall submit a report to the Committees
explaining such decision.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $82,169,945,000 for the Supplemental
Nutrition Assistance Program. The agreement includes
$3,000,000,000 to be made available for a contingency
reserve. The agreement provides a funding level for SNAP
benefits as reflected in OMB's mid-session review of the
budget.
There is concern about the use of valuable tax dollars to
promote enrollment of SNAP through radio, television, and
other advertisements as well as outreach activities with
foreign governments to encourage the use of SNAP. USDA is
strongly encouraged to cease these types of government-
sponsored recruitment activities.
USDA is directed to maintain restrictions for hot prepared
foods and other foods intended for immediate on-premise
consumption, including hot beverages and fountain drinks.
The agreement provides the following for the Supplemental
Nutrition Assistance Program:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Supplemental Nutrition Assistance Program:
Benefits............................................ $71,884,955
Contingency Reserve................................. 3,000,000
State Administrative Costs.......................... 3,999,024
Nutrition Education and Obesity Prevention Grant 401,000
Program............................................
Employment and Training............................. 426,405
Mandatory Other Program Costs....................... 161,179
Discretionary Other Program Costs................... 998
Nutrition Assistance for Puerto Rico................ 1,893,880
Nutrition Assistance for American Samoa............. 7,606
Food Distribution Program on Indian Reservations.... 104,000
TEFAP Commodities................................... 268,750
Commonwealth of the Northern Mariana Islands........ 12,148
Community Food Project.............................. 5,000
Program Access...................................... 5,000
---------------
Total........................................... $82,169,945
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $269,701,000 for the Commodity
Assistance Program. This total includes $202,682,000 for the
Commodity Supplemental Food Program; $16,548,000 for the
Farmers' Market Nutrition Program; and $1,070,000 for Pacific
Island Assistance. The agreement includes $49,401,000 for The
Emergency Food Assistance Program transportation and storage.
NUTRITION PROGRAMS ADMINISTRATION
The agreement includes $141,348,000 for Nutrition Programs
Administration.
Hunger is far too prevalent in the United States. Congress
and the Administration should work together to implement
policies that reduce the existence of hunger and the
suffering associated with it.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $177,863,000 for the Foreign
Agricultural Service, Salaries and Expenses and transfers of
$6,394,000.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $2,735,000 for administrative
expenses for the Food for Peace Title I Direct Credit and
Food for Progress Program Account to be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,466,000,000 for Food for Peace
Title II Grants.
The agreement directs USDA and USAID not to conduct the
study in H.Rpt. 113-116 on the proposed food aid reforms in
the President's fiscal year 2014 Budget.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $185,126,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,748,000 for the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides $2,551,905,000 in new discretionary
budget authority, and $1,794,765,000 in user fees for a total
of $4,346,670,000 for Food and Drug Administration (FDA)
salaries and expenses. The agreement provides specific
amounts by FDA activity as reflected in the following table:
FOOD AND DRUG ADMINISTRATION SALARIES & EXPENSES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods................................................. $882,817
Center for Food Safety and Applied Nutrition........ 266,408
Field Activities................................ 616,409
Human Drugs........................................... 466,374
Center for Drug Evaluation and Research............... 339,838
Field Activities.................................... 126,536
Biologics............................................. 210,928
Center for Biologics Evaluation and Research.......... 170,744
Field Activities.................................... 40,184
Animal Drugs and Feeds................................ 141,566
Center for Veterinary Medicine........................ 87,846
Field Activities.................................... 53,720
Devices and Radiological Products..................... 320,825
Center for Devices and Radiological Health............ 240,345
Field Activities.................................... 80,480
National Center for Toxicological Research.............. 62,494
Other Activities/Office of the Commissioner............. 172,107
White Oak Consolidation................................. 58,044
GSA Rent................................................ 162,076
Other Rent and Rent Related............................. 74,674
---------------
Subtotal, Budget Authority.......................... 2,551,905
User Fees:
Prescription Drug User Fee Act........................ 760,000
Medical Device User Fee and Modernization Act......... 114,833
Animal Drug User Fee Act.............................. 23,600
Animal Generic Drug User Fee Act...................... 7,328
Tobacco Product User Fees............................. 534,000
Food Reinspection Fees................................ 15,367
Food and Feed Recall Fees............................. 12,925
Human Generic Drug User Fee Act....................... 305,996
Biosimilar User Fee Act............................... 20,716
---------------
Subtotal, User Fees................................. 1,794,765
===============
Total, FDA Program Level.......................... $4,346,670
------------------------------------------------------------------------
The agreement directs that not less than $24,504,000 shall
be available for FDA's Medical Countermeasures Initiative.
The agreement includes full funding as requested for
implementation of the Mammography Quality Standards Act. FDA
is urged to follow up the November 2011 meeting of the
National Mammography Quality Assurance Advisory Committee by
promptly reviewing the evidence supporting including
information related to an individual's breast density in the
mammogram patient report and physician report.
One of the most critical issues facing FSMA implementation
is proper training of Federal and State inspection personnel.
FDA is expected to implement a comprehensive training program
about what the regulations require, the conduct of
inspections, and the type of observations that are
appropriate to include on FDA Form 483.
FDA is to be commended for its recent decision to revise
language in proposed rules affecting farmers including
changes to proposed regulations regarding water quality
standards and testing, the use of raw manure and compost,
mixed use facilities, and qualified exemptions.
There is concern that FDA's analysis of the implementation
costs for the Preventive Controls for Human Food rule [FDA-
2011-N-0920] significantly underestimates the cost to those
entities as demonstrated in comments filed with the agency on
November 22, 2013. The agency did not include regulations or
a cost benefit analysis for environmental, ingredient, and
finished product testing. The agency has indicated that
significant changes will be needed in key provisions and is
encouraged to re-propose a rule that provides the necessity,
location, and frequency of testing based upon risk/cost
benefit and other established verification activities. FDA is
urged to stay within the framework specified in law, ensure
food safety rules are risk-based, and make certain that food
safety improvements are economically feasible to both the
agency and the industry.
[[Page H482]]
It has been determined that FDA user fee programs are
subject to sequester, although they are not normal tax
revenue. It is important to maintain industry support for
user fee programs and for FDA to continue to meet negotiated
performance standards. The Administration is thereby
encouraged to reconsider the inclusion of FDA user fees when
calculating sequester.
The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(P.L. 111-80) included a new provision appropriating
prescription drug user fees collected in excess of the fiscal
year 2010 limitations stated in such Act. These fees were to
be credited to the Food and Drug Administration Salaries and
Expenses account and remain available until expended. It is
understood that excess prescription drug fees collected prior
to fiscal year 2010 remain unobligated. The intent of P.L.
111-80 was to make available such prior year excess
collections. FDA is directed to make these funds, which are
in excess of the fiscal year 2010 limitations, available for
obligation to support the prescription drug review and
approval process.
BUILDINGS AND FACILITIES
The agreement provides $8,788,000 for the Food and Drug
Administration Buildings and Facilities.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFER OF FUNDS)
The explanatory statement remains silent on provisions that
were in both the House Report (H. Rpt. 113-116) and Senate
Report (S. Rpt. 113-80) that remain unchanged by this
agreement, except as noted.
The agreement provides $215,000,000 for the Commodity
Futures Trading Commission. This total includes $35,000,000,
to remain available until September 30, 2015, for information
technology investments; $1,420,000 for the Office of the
Inspector General; and not to exceed $10,000,000 for transfer
to salaries and expenses.
The agreement directs the CFTC to submit, within 30 days of
enactment, a detailed spending plan for the allocation of the
funds made available, displayed by discrete program, project,
and activity, including staffing projections, specifying both
FTEs and contractors, and planned investments in information
technology.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $62,600,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII--GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The agreement includes language making funds
available for the purchase, replacement and hire of passenger
motor vehicles.
Section 702.--The agreement includes language regarding
transfers of funds to the Working Capital Fund of the
Department of Agriculture.
Section 703.--The agreement includes language limiting
funding provided in the bill to one year unless otherwise
specified.
Section 704.--The agreement includes language regarding
indirect cost rates on cooperative agreements between the
Department of Agriculture and nonprofit institutions.
Section 705.--The agreement includes language making
appropriations to the Department of Agriculture for the cost
of direct and guaranteed loans available until expended to
disburse certain obligations for certain Rural Development
programs.
Section 706.--The agreement includes language regarding the
transfer of funds to the Office of the Chief Information
Officer and the acquisition of information technology
systems.
Section 707.--The agreement includes language making funds
available until expended to the Department of Agriculture to
disburse certain obligations for certain conservation
programs.
Section 708.--The agreement includes language regarding
Rural Utility Service program eligibility.
Section 709.--The agreement includes language regarding in-
kind support and Department of Agriculture research grants.
Section 710.--The agreement includes language regarding
Farm Service Agency and Rural Development funds for
information technology expenses.
Section 711.--The agreement includes language regarding the
availability of funds for liquid infant formula.
Section 712.--The agreement includes language prohibiting
first-class airline travel.
Section 713.--The agreement includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 714.--The agreement includes language regarding the
Bill Emerson Humanitarian Trust Act.
Section 715.--The agreement includes language regarding
funding for advisory committees.
Section 716.--The agreement includes language regarding the
limitation on indirect costs for grants awarded by the
National Institute of Food and Agriculture.
Section 717.--The agreement includes language regarding the
Food and Nutrition Act of 2008.
Section 718.--The agreement includes language regarding a
limitation of funds.
Section 719.--The agreement includes language regarding a
limitation and rescission of funds.
Section 720.--The agreement includes language regarding
user fee proposals without offsets.
Section 721.--The agreement includes language regarding the
reprogramming of funds.
Section 722.--The agreement includes language regarding
fees for the guaranteed business and industry loan program.
Section 723.--The agreement includes language regarding the
appropriations hearing process.
Section 724.--The agreement includes language regarding
government-sponsored news stories.
Section 725.--The agreement includes language regarding
details and assignments of Department of Agriculture
employees.
Section 726.--The agreement includes language regarding the
Department of Agriculture's mohair program.
Section 727.--The agreement includes language regarding the
rescission of certain unobligated balances.
Section 728.--The agreement includes language regarding
section 1621 of Public Law 110-246.
Section 729.--The agreement includes language regarding a
pilot program for certain forest lands.
Section 730.--The agreement includes language requiring
spend plans.
Section 731.--The agreement includes language regarding the
rescission of certain unobligated balances.
Section 732.--The agreement includes language regarding the
Food for Peace Act.
Section 733.--The agreement includes language regarding the
rescission of certain unobligated balances.
Section 734.--The agreement includes language regarding the
rescission of certain unobligated balances.
Section 735.--The agreement includes language regarding
Rural Development programs.
Section 736.--The agreement includes language regarding a
limitation of funds.
Section 737.--The agreement includes language regarding
Rural Development programs.
Section 738.--The agreement includes language regarding
Rural Development programs.
Section 739.--The agreement includes language regarding the
Water Bank Act.
Section 740.--The agreement includes language regarding an
agricultural research facility.
Section 741.--The agreement includes language regarding the
rescission of certain unobligated balances.
Section 742.--The agreement includes language regarding
USDA loan programs.
Section 743.--The agreement includes language establishing
a National Hunger Commission.
Section 744.--The agreement includes language regarding the
Grain Inspection, Packers and Stockyards Administration.
Section 745.--The agreement includes language regarding a
limitation of funds on the Food Safety and Inspection
Service.
Section 746.--The agreement includes language regarding
Rural Development programs.
Section 747.--The agreement includes language regarding the
Food and Drug Administration.
Section 748.--The agreement includes language regarding the
Animal and Plant Health Inspection Service.
Section 749.--The agreement includes language regarding
funds of the Working Capital Fund.
Section 750.--The agreement includes language regarding a
conservation program.
[[Page H483]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.001
[[Page H484]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.002
[[Page H485]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.003
[[Page H486]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.004
[[Page H487]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.005
[[Page H488]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.006
[[Page H489]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.007
[[Page H490]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.008
[[Page H491]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.009
[[Page H492]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.010
[[Page H493]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.011
[[Page H494]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.012
[[Page H495]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.013
[[Page H496]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.014
[[Page H497]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.015
[[Page H498]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.016
[[Page H499]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.017
[[Page H500]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.018
[[Page H501]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.019
[[Page H502]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.020
[[Page H503]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.021
[[Page H504]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.022
[[Page H505]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.023
[[Page H506]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.024
[[Page H507]]
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
Report language included in House Report 113-171 (``the
House report'') or Senate Report 113-78 (``the Senate
report'') that is not changed by this explanatory statement
or this Act is approved. The explanatory statement, while
repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly
provided herein. In cases where both the House report and the
Senate report address a particular issue not specifically
addressed in the explanatory statement, the House report and
the Senate report should be read as consistent and are to be
interpreted accordingly. In cases where the House report or
the Senate report directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
statement and shall not reallocate resources or reorganize
activities except as provided herein. Reprogramming
procedures shall apply to: funds provided in this Act;
unobligated balances from previous appropriations Acts that
are available for obligation or expenditure in fiscal year
2014; and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year
2014. These procedures are specified in section 505 of this
Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project or activity cited in this statement, or in the House
report or the Senate report and not changed by this Act or
statement, shall be construed as the position of the Congress
and shall not be subject to reductions or reprogramming
without prior approval of the Committees. Further, any
department or agency funded in this Act which plans a
reduction-in-force shall notify the Appropriations Committees
of the House and Senate by letter no later than 30 days in
advance of the date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Appropriations Committees of the
House and Senate and does not receive identical responses by
the House and Senate, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile
the differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved.
In compliance with section 535 of this Act, the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration and the National Science Foundation shall
submit spending plans, signed by the respective department or
agency head, for the Committees' review not later than 30
days after enactment of this Act.
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
This Act includes $470,000,000 in total resources for the
programs of the International Trade Administration (ITA).
This amount is offset by $9,439,000 in estimated fee
collections, resulting in a direct appropriation of
$460,561,000. Within this amount, no less than $320,000,000
shall be designated for Global Market activities, subject to
section 505 reprogramming requirements of this Act. Language
in the House and Senate reports regarding U.S. Export
Assistance Centers is adopted but modified to clarify that
ITA shall brief the Committees on Appropriations regarding
these matters no later than 90 days after enactment of this
Act.
SelectUSA.--The agreement includes up to $7,000,000 for
SelectUSA activities. SelectUSA activities shall not
encourage investment in the United States by state-owned
entities.
Interagency Trade Enforcement Center (ITEC).--The agreement
includes up to $7,500,000 for ITEC. The agreement
acknowledges the concerns in the House report regarding
reimbursements and clarifies that agencies may transfer or
reprogram funds in accordance with existing authorities and
section 505 of this Act. However, the agreement underscores
concerns raised with respect to transferring funds to other
agencies. Further guidance regarding this matter is included
elsewhere in this statement under the heading ``Office of the
United States Trade Representative.'' ITA shall submit
detailed spending plans for SelectUSA and ITEC with the
fiscal year 2014 Department of Commerce spending plan.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
This Act includes $101,450,000 for the Bureau of Industry
and Security.
Economic Development Administration
This Act includes $246,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
This Act includes $209,500,000 for Economic Development
Assistance Programs. Funds are to be distributed as follows;
any deviation of funds shall be subject to the procedures set
forth in section 505 of this Act:
------------------------------------------------------------------------
------------------------------------------------------------------------
Public Works............................................ $96,000,000
Planning................................................ 29,000,000
Technical Assistance.................................... 11,000,000
Research and Evaluation................................. 1,500,000
Trade Adjustment Assistance............................. 15,000,000
Economic Adjustment Assistance.......................... 42,000,000
Section 26 Innovative Manufacturing Loan Guarantees..... 5,000,000
Section 27 Science Parks Loan Guarantees and Regional 10,000,000
Innovation Program.....................................
---------------
Total............................................... $209,500,000
------------------------------------------------------------------------
Assistance for coal mining communities.--The agreement
includes House report language regarding efforts to assist
communities impacted by economic dislocation in the coal and
timber industries. In addition, the agreement includes no
less than $3,000,000 to enhance regional business development
in areas negatively impacted by the downturn in the coal
industry. Priority shall be given to those distressed
counties whose coal mining job losses since July 1, 2011, as
determined by data compiled by the Department of Labor, Mine
Safety and Health Administration, Mine Data Retrieval System,
exceed the average for job losses in the entire economy.
Funds may be used for small business technical assistance,
training development programs, export assistance, and other
related programs.
Regional and Innovative Manufacturing Programs.--The
agreement adopts and reiterates all House report language
regarding loan guarantees under section 26 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721),
and all Senate report language regarding grants under section
27 of such Act (15 U.S.C. 3722). For these programs, and for
loan guarantees under section 27 of such Act (15 U.S.C.
3722), all available funding from fiscal year 2014 and prior
years shall be centrally administered by EDA rather than by
the regions. Program delays are unacceptable, and EDA is
directed to work expeditiously to implement these programs
and obligate the funds. In addition, the agreement clarifies
that funding for all section 26 loan guarantees and section
27 grants and loan guarantees shall be administered and
awarded in accordance with the requirements of 15 U.S.C.
3721-3722 rather than the Public Works and Economic
Development Act (PWEDA). Other EDA programs shall continue to
be implemented under the requirements of PWEDA and the Trade
Adjustment Assistance Extension Act and administered through
the regional offices and in compliance with related
application eligibility requirements.
SALARIES AND EXPENSES
This Act includes $37,000,000 for EDA salaries and
expenses. The agreement modifies Senate report language
regarding vacancies to note that EDA is expected to fill
mission critical vacancies in both headquarters and the field
as quickly as possible. The agreement also adopts Senate
report language directing EDA to provide information on staff
vacancies to the Committees on Appropriations no later than
30 days after enactment of this Act and every 180 days
thereafter.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
This Act includes $28,000,000 for the Minority Business
Development Agency.
Economic and Statistical Analysis
SALARIES AND EXPENSES
This Act includes $99,000,000 for Economic and Statistical
Analysis.
Bureau of the Census
This Act includes $945,000,000 for the Bureau of the
Census.
SALARIES AND EXPENSES
This Act includes $252,000,000 for the salaries and
expenses of the Bureau of the Census.
PERIODIC CENSUSES AND PROGRAMS
This Act includes $693,000,000 for periodic censuses and
programs. The agreement does not include Senate language
designating specific funding levels for the American
Community Survey.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
This Act includes $46,000,000 for the salaries and expenses
of the National Telecommunications and Information
Administration.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
This Act includes language making available to the United
States Patent and Trademark Office (USPTO) $3,024,000,000,
the full amount of offsetting fee collections estimated for
fiscal year 2014.
Patents End-to-End.--The agreement adopts House and Senate
report language regarding the Patents End-to-End program, and
the USPTO shall submit a report on these matters to the
Committees on Appropriations no later than 90 days after
enactment of this Act.
National Institute of Standards and Technology
This Act includes $850,000,000 for the National Institute
of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
This Act includes $651,000,000 for NIST's scientific and
technical core programs. Within these amounts, an increase of
$30,000,000 is
[[Page H508]]
for advanced manufacturing initiatives at the NIST labs; an
increase of $5,000,000 is for cyber security research; and an
increase of $1,000,000 is for disaster resilience research.
The agreement also includes up to $3,000,000 for greenhouse
gas measurements; $4,000,000 for the National Initiative for
Cybersecurity Education program; and up to $5,000,000 is to
maintain NIST's current forensic measurement activities and
to participate in the National Commission on Forensic
Science. Additional forensic science funding is described in
title II of this statement.
Centers of Excellence.--The agreement includes $15,000,000
to establish and operate centers of excellence on a
competitive basis, and NIST is encouraged to establish a
Center focused on forensic measurement science, technology,
and standards as described in the Senate report and a Center
on advanced manufacturing competitiveness and
commercialization technology in carbon nanomanufacturing as
described in the House report. In addition, $15,000,000 is
included for the National Cybersecurity Center of Excellence.
National Strategy for Trusted Identities in Cyberspace
(NSTIC).--The agreement includes $16,500,000 to maintain the
current operating level for NSTIC.
INDUSTRIAL TECHNOLOGY SERVICES
This Act includes $143,000,000 for industrial technology
services, including $128,000,000 for Hollings Manufacturing
Extension Partnerships. In lieu of Senate language regarding
the Advanced Manufacturing Technology Consortia (AMTech),
$15,000,000 is for ongoing AMTech activities. The agreement
does not address the administration's proposal for National
Network of Manufacturing Institutes (NNMI) because the NNMI
legislative proposal has not been considered or approved by
the Congress.
CONSTRUCTION OF RESEARCH FACILITIES
This Act includes $56,000,000 for NIST construction.
National Oceanic and Atmospheric Administration
This Act includes a total of $5,314,606,000 for the
National Oceanic and Atmospheric Administration (NOAA).
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
This Act includes a total program level of $3,287,392,000
under this account for the coastal, fisheries, marine,
weather, satellite and other programs of NOAA. This total
funding level includes $3,157,392,000 in direct
appropriations; a transfer of $115,000,000 from balances in
the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' account; and $15,000,000
is derived from recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--$471,946,000 is for National Ocean
Service operations, research, and facilities. The agreement
does not adopt House report language regarding a National
Academy of Sciences review of NOAA's ocean and coastal data
systems. Rather, this review shall commence upon completion
of a GAO analysis of these same systems.
Navigation, Observations and Positioning.--The agreement
includes the full requested level for the Navigation Response
Teams and $4,000,000 for competitive geospatial modeling
grants. The agreement includes Senate report language
requiring NOAA to provide a report on the establishment of
two additional joint ocean and coastal mapping centers and
clarifies that any fiscal year 2014 funding used to establish
these centers shall be subject to approval by the Committees
on Appropriations.
Marine debris.--NOAA shall spend up to $6,000,000 for
marine debris programs as described in the House and Senate
reports.
Ocean and Coastal Management and Services.--Within the
amounts for Coastal Zone Management Grants, no funding is for
Regional Ocean Partnership grants.
NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning................... $136,000
Integrated Ocean Observing System Regional Observations.... 28,500
Hydrographic Survey Priorities/Contracts................... 25,000
----------
Navigation, Observations and Positioning..................... 189,500
==========
Coastal Science and Assessment
Coastal Science, Assessment, Response and Restoration...... 70,500
Competitive External Research.............................. 9,000
----------
Coastal Science and Assessment............................... 79,500
==========
Ocean and Coastal Management and Services
Coastal Zone Management and Services....................... 41,000
Coastal Zone Management Grants............................. 66,146
Coral Reef Program......................................... 26,000
Sanctuaries and Marine Protected Areas..................... 48,500
National Estuarine Research Reserve System................. 21,300
----------
Ocean and Coastal Management and Services.................... 202,946
==========
Total, National Ocean Service, Operations, Research and $471,946
Facilities..............................................
------------------------------------------------------------------------
=========================== NOTE ===========================
January 15, 2014 on H508 the following appeared: Ocean and Coastal
Management and ServicesCoastal Zone Management and
Services............................................................41,0
0
========================= END NOTE =========================
The online version should be corrected to read: Ocean and Coastal
Management and ServicesCoastal Zone Management and
Services............................................................41,0
00
National Marine Fisheries Service (NMFS).--$812,560,000 is
for NMFS operations, research, and facilities.
Regional fisheries office.--Senate report language
regarding the closure of the NMFS Northeast Regional Office
is not adopted. Since the Senate report was filed, NOAA has
submitted its plan for how NMFS will improve its core
functions in the Mid-Atlantic region. NOAA has made progress
implementing this plan and shall continue making improvements
in fiscal year 2014. The agreement modifies Senate report
language by continuing operations at the Northeast Regional
Fisheries Office, but directs NOAA to change the name of the
office to the Greater Atlantic Regional Fisheries Office to
better reflect the geographic region that office represents,
which includes New England, the Mid-Atlantic and Great Lakes
areas. The agreement further recommends that NMFS improve
services to the fishing industry, as described in Senate
report language, by enhancing operations at fishery science
centers and fishery statistics offices to give NMFS stronger
local connections throughout the region. With minimum
investments and changes over time, such efforts could provide
fishermen with more immediate access to NMFS support services
at existing local offices in their home States and homeports.
Electronic logbooks.--The agreement reiterates Senate
language that NOAA shall maintain full funding for the
continued installation of electronic logbooks and monitoring
systems, which are both inherent to NOAA's core mission and
essential to the implementation of current fishery
regulations. The electronic monitoring systems shall be part
of an integrated at-sea monitoring program and shall serve as
an alternative to observers for vessels carrying such
electronic monitoring systems. The agreement clarifies that
NMFS shall work in fiscal year 2014 with the small boat fixed
gear fleet to implement a cooperative research program
designed to test the functionality of available electronic
monitoring systems. This cooperative research program shall
address data quality, costs, species identification
capabilities, and the reliability of hardware. NMFS shall
ensure that this effort is adequately resourced for the
fiscal year 2014 work program. Further, when evaluating
requests by small boat fixed gear vessels seeking a release
from the requirement to carry a human observer due to a lack
of physical space or other operational constraint, NMFS is
encouraged to exercise reasonable discretion in making such
determinations.
NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
Program Amount
Protected Species Research and Management:
Protected Species Research and Management Programs Base.... $39,000
Species Recovery Grants.................................... 5,000
Marine Mammals............................................. 49,000
Marine Turtles............................................. 12,200
Other Protected Species (marine fish, plants and 7,000
invertebrates)............................................
Atlantic Salmon............................................ 5,000
Pacific Salmon............................................. 59,500
----------
Total, Protected Species Research and Management......... 176,700
==========
Fisheries Research and Management:
Fisheries Research and Management Programs Base............ 175,000
National Catch Share Program............................... 25,000
Expand Annual Stock Assessments-Improve Data Collection.... 69,000
Economics and Social Sciences Research..................... 7,300
Salmon Management Activities............................... 30,200
Regional Councils and Fisheries Commissions................ 32,000
Fisheries Statistics....................................... 22,000
Fish Information Networks.................................. 22,000
Survey and Monitoring Projects............................. 24,000
Fisheries Oceanography..................................... 2,160
American Fisheries Act..................................... 3,700
Interjurisdictional Fisheries Grants....................... 2,500
National Standard 8........................................ 1,000
Reducing Bycatch........................................... 3,500
Product Quality and Safety................................. 6,700
----------
Total, Fisheries Research and Management................. 426,060
==========
Enforcement and Observers/Training:
Enforcement................................................ 65,000
Observers/Training......................................... 43,000
----------
Total, Enforcement and Observers/Training................ 108,000
==========
Habitat Conservation and Restoration:
Sustainable Habitat Management............................. 21,000
Fisheries Habitat Restoration.............................. 20,700
----------
Total, Habitat Conservation and Restoration.............. 41,700
==========
Other Activities Supporting Fisheries:
Antarctic Research......................................... 2,900
Aquaculture................................................ 5,600
Climate Regimes and Ecosystem Productivity................. 2,000
Computer Hardware and Software............................. 1,800
Cooperative Research....................................... 12,000
Information Analyses and Dissemination..................... 15,000
Marine Resources Monitoring, Assessment and Prediction 800
Program...................................................
National Environmental Policy Act.......................... 6,500
NMFS Facilities Maintenance................................ 3,300
Regional Studies........................................... 10,200
----------
Total, Other Activities Supporting Fisheries............. 60,100
==========
Total, National Marine Fisheries Service, Operations, $812,560
Research, and Facilities....................................
Oceanic and Atmospheric Research.--$416,392,000 is for
Oceanic and Atmospheric Research operations, research, and
facilities.
Climate Research.--The agreement does not include specific
funding amounts for climate variability on fish stocks that
were directed in the Senate report. However, NOAA is not
prohibited from moving ahead with such research.
Phased array radar.--Language in the House and Senate
reports regarding phased array radar is adopted but modified
to clarify that a report on these matters shall be provided
to the House and Senate Committees on Appropriations no later
than 120 days after enactment of this Act.
National Sea Grant College Program.--The agreement modifies
Senate report language for the National Sea Grant College
Program by providing no more than $1,000,000 for the new Sea
Grant Grand Challenge. The agreement adopts direction in the
House report to provide funding for marine aquaculture
research separate from the National Sea Grant College Program
base. NOAA shall follow direction in the Senate report on
competitively supporting external research efforts. The
agreement does not adopt the administration's request to
eliminate National Sea Grant College fellowship programs.
[[Page H509]]
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH, AND
FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative............................... 59,450
Regional Climate Data and Information...................... 37,000
Climate Competitive Research, Sustained Observations and 60,000
Regional information......................................
----------
Total, Climate Research.................................. 156,450
==========
Weather and Air Chemisry Research:
Laboratories and Cooperative Institutes.................... 64,000
U.S. Weather Research Program.............................. 4,200
Tornado Severe Storm Research/Phased Array Radar........... 13,00
----------
Total, Weather and Air Chemistry Research................ 81,200
==========
Ocean, Coastal and Great Lakes Research:
Laboratories and Cooperative Institutes.................... 26,442
National Sea Grant College Program......................... 62,800
Marine Aquaculture Program................................. 4,500
Ocean Exploration and Research............................. 26,000
Integrated Ocean Acidification............................. 6,000
Sustained Ocean Observations and Monitoring................ 41,000
----------
Total, Ocean, Coastal and Great Lakes Research........... 166,742
==========
High Performance Computing Initiatives................... 12,000
==========
Total, Office of Oceanic and Atmospheric Research, $416,392
Operations, Research, and Facilities....................
------------------------------------------------------------------------
National Weather Service (NWS).----$953,627,000 is for NWS
operations, research, and facilities. Funding for the core
life and safety missions fulfilled by the National Weather
Service remains a high priority for the Committees on
Appropriations. Investments in improved forecasting
capabilities included in this Act and in Public Law 113-2,
the Disaster Relief Appropriations Act, demonstrate the
Committees' continued commitment to NOAA's weather
enterprise. The agreement reiterates both House and Senate
report language regarding the National Weather Service,
including concerns raised about prior Antideficiency Act
violations, transition of research capabilities, and
consolidation of information technology activities in the
context of a broader examination of a future staffing model
for the National Weather Service. NOAA shall brief the
Committees on Appropriations on no less than a quarterly
basis regarding ongoing activities at the National Weather
Service. Senate report language regarding data agreements and
software development as a means to ingest, process, and
assimilate data is modified to remove specific reference to
geostationary hyperspectral data.
National Mesonet Program.--The continuation of the mesonet
program through an open competitive process is supported.
Senate language regarding a single, multiyear type of award
is not adopted, and is further clarified in that any mesonet
award competition should ensure that awardees provide data in
formats that NWS may use in forecasts and severe weather
alerts. The agreement recommends that NOAA conduct a study of
how mesonet data can be integrated into the Advanced Weather
Interactive Processing System. Within the funds provided,
NOAA may, but is not required to, expand network coverage and
add additional observations.
NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Amount
----------------------------------------------------------------------------------------------------------------
Local Warnings and Forecasts
Local Warnings and Forecasts Base................. $669,000
Air Quality Forecasting........................... 865
Alaska Data Buoys................................. 1,700
Sustain Cooperative Observer Network.............. 1,000
NOAA Profiler Network............................. 1,800
Strengthen U.S. Tsunami Warning Network........... 26,880
Pacific Island Compact............................ 3,775
National Mesonnet Network......................... 12,000
---------------------------------------------------------
Subtotal, Local Warnings and Forecasts.......... 717,020
---------------------------------------------------------
Operations and Research
Advanced Hydrological Prediction Services......... 10,200
Aviation Weather.................................. 21,452
WFD Maintenance................................... 6,600
Weather Radio Transmitters........................ 2,300
---------------------------------------------------------
Subtotal, Operations and Research............... 40,552
---------------------------------------------------------
Central Forecast Guidance............................. 94,740
---------------------------------------------------------
Total, Local Warnings and Forecasts, Operations 852,312
and Research, Central Forecast Guidance........
=========================================================
Systems Operation and Maintenance
NEXRAD............................................ 46,455
ASOS.............................................. 11,000
AWIPS............................................. 38,578
NWSTG Backup--CIP................................. 5,282
---------------------------------------------------------
Total, Systems Operations and Maintenance....... 101,315
=========================================================
Total, National Weather Service, Operations, $953,627
Research, and Facilities.......................
----------------------------------------------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service.--$187,167,000 is for National Environmental
Satellite, Data and Information Service (NESDIS) operations,
research, and facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Amount
----------------------------------------------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations
Satellite Command and Control................. $39,000
NSOF Operations............................... 8,000
Product Processing and Distribution........... 45,000
---------------------------------------------------------
Subtotal, Office of Satellite and Product 92,000
Operations.......................................
=========================================================
Product Development, Readiness and Application
Product Development, Readiness and Application 19,000
(PDRA).......................................
PDRA (Ocean Remote Sensing)................... 4,000
Joint Center for Satellite Data Assimilation.. 3,000
---------------------------------------------------------
Subtotal, Product Development, Readiness and 26,000
Application......................................
=========================================================
Commercial Remote Sensing Regulatory Affairs...... 1,000
Office of Space Commercialization................. 600
Group on Earth Observation........................ 500
---------------------------------------------------------
Total Environmental Satellite Observing Systems. 120,100
=========================================================
Data Centers and Information Services
Archive, Access and Assessment................ 48,000
Coastal Data Development...................... 4,567
Regional Climate Services..................... 6,000
Environmental Data Systems Modernization...... 8,500
---------------------------------------------------------
[[Page H510]]
Total, Data Centers and Information Services.... 67,067
=========================================================
Total, NESDIS, Operations, Research, and $187,167
Facilities.....................................
----------------------------------------------------------------------------------------------------------------
Program Support.--$445,700,000 is for Program Support.
Ocean Education.--Within the $5,600,000 for NOAA Education
base programs, NOAA may use such sums as necessary for the
Environmental Literacy and Geographic Literacy programs.
PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices.............. $27,000
NOAA-Wide Corporate Services and Agency Management. 111,000
DOC Accounting System.............................. 10,000
Payment to the DOC Working Capital Fund............ 38,000
IT Security........................................ 8,300
NOAA Facilities Management, Maintenance, 23,000
Construction and Safety...........................
------------
Subtotal, Corporate Services and Facilities............ 217,300
============
NOAA Education Program
BWET Regional Programs............................. 7,200
Education Partnership Program/Minority Serving 14,400
Institutions......................................
NOAA Education Program Base........................ 5,600
------------
Subtotal, NOAA Education Program....................... 27,200
============
Total, Program Support............................... 244,500
============
Office of Marine and Aviation Operations
Marine Operations and Maintenance...................... 170,000
Aviation Operations and Aircraft Services.............. 31,200
------------
Total, Office of Marine and Aviation Operations...... 201,200
============
Total, Program Support and OMAO, Operations, $445,700
Research, and Facilities............................
------------------------------------------------------------------------
procurement, acquisition and construction
This Act includes a total program level of $2,029,864,000
in direct obligations for NOAA Procurement, Acquisition and
Construction (PAC), of which $2,022,864,000 is appropriated
from the general fund and $7,000,000 is derived from
recoveries of prior year obligations. The following narrative
description and table identify the specific activities and
funding levels included in this Act:
NOAA weather satellites.--The agreement provides the full
requested amounts for NOAA's flagship weather satellites,
including the Geostationary Operational Environmental
Satellite-R (GOES-R) program and the Joint Polar Satellite
System (JPSS). The Committees are aware that a recent
analysis by the Independent Review Team found that NOAA has
made significant progress and improvements in overall program
management and interagency collaboration and that the GOES-R
and JPSS programs are proceeding well and being effectively
executed. However, this assessment also concludes, along with
prior assessments made by the Commerce Inspector General and
the Government Accountability Office, that critical issues
remain to be addressed, namely JPSS gap mitigation and
program fragility. The Committees expect NOAA to present a
strategy with the fiscal year 2015 budget that fully
addresses both the short- and long-term challenges associated
with the gap and fragility of the program. Such a strategy
shall examine the proposed polar free flyer mission, which
the agreement does not fund due to fiscal constraints. NOAA
is expected to focus on the weather mission and to better
address the weather gap in its fiscal year 2015 budget. In
addition, NOAA may use JPSS funds included in this Act and
prior appropriations for the procurement of additional spare
instruments and spacecraft as necessary to ensure the
continuity of polar observations. NOAA shall consult with the
Committees on Appropriations prior to beginning this effort.
NOAA shall continue to provide quarterly updates to the
Committees on the status of its weather satellite portfolio.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
NOS
National Estuarine Research Reserve Consruction........ $1,700
Marine Sanctuaries Construction........................ 2,000
------------
Total NOS-PAC.............................................. 3,700
============
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI....................... 10,379
============
National Weather Service
Systems Acquisition
ASOS............................................... 1,635
AWIPS.............................................. 21,592
NWSTG Legacy Replacement........................... 16,215
Radiosonde Network Replacement..................... 4,014
Weather and Climate Supercomputing................. 44,169
Complete and Sustain NOAA Weather Radio............ 5,594
Ground Readiness Project........................... 12,400
------------
Subtotal, NWS Systems Acquisition...................... 105,619
------------
Weather Forecast Office Construction............... 8,000
------------
Total, National Weather Service-PAC........................ 113,619
============
National Environmental Satellite, Data and Information
Service
System Acquisition
Geostationary Systems-N............................ 26,321
Geostationary Systems-R............................ 954,761
Polar Orbiting Systems-POES........................ 28,788
Jason-3............................................ 18,500
Joint Polar Satellite System (JPSS)................ 824,000
DSCOVR............................................. 23,675
COSMIC 2........................................... 2,000
EOS and Advanced Polar Data Processing, 900
Distribution and Archiving Systems................
Critical Infrastructure Protection................. 2,772
Comprehensive Large Array Data Stewardship System 6,476
(CLASS)...........................................
Satellite Preparatory Data Exploitation............ 3,455
Enterprise Ground System........................... 3,000
------------
Subtotal, NESDIS Systems Acquisition................... 1,894,738
------------
Construction
Satellite CDA Facility............................. 2,228
------------
Total, NESDIS-PAC.......................................... 1,896,966
============
Program Support
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Technology Infusion. 5,200
============
Total, Procurement, Acquisition, and Construction.......... $2,029,864
------------------------------------------------------------------------
pacific coastal salmon recovery
This Act includes $65,000,000 for Pacific Coastal Salmon
Recovery.
fisheries disaster assistance
This Act includes $75,000,000 for Fisheries Disaster
Assistance. The agreement modifies Senate report language by
clarifying that eligibility for this funding includes fishery
disasters declared by the Secretary of Commerce in calendar
years 2012 and 2013. Funding in this bill for fisheries
disaster assistance is a one-time occurrence and responds to
the specific disaster declarations in 2012 and 2013. The
Department shall continue working with States and Tribes in
the future with respect to fishery disaster determinations
and shall continue to work with the Congress on future
fisheries disasters funding requests, as necessary,
consistent with existing Federal laws and authorities.
fishermen's contingency fund
This Act includes $350,000 for the Fishermen's Contingency
Fund.
fisheries finance program account
This Act includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and not to exceed $100,000,000 for
traditional direct loans.
Departmental Management
salaries and expenses
This Act includes $55,500,000 for Departmental Management
salaries and expenses. The agreement adopts House and Senate
language regarding a Commerce Inspector General report on the
monitoring of obligation balances. This report shall be
provided to the Committees on Appropriations no later than 60
days after enactment of this Act.
Working Capital Fund.--The agreement does not support the
level requested for the Department's Working Capital Fund.
Instead, the Department shall submit with its fiscal year
2014 spending plan a list of transfers to and activities to
be funded from the Working Capital Fund based on funding
levels provided in this Act. Within these amounts, the
agreement supports the proposed plan to establish the
Enterprise Security Operations Center from the Working
Capital Fund.
Repatriation and manufacturing initiatives.--The agreement
includes House bill and report language on repatriation and
manufacturing initiatives and further directs the Department,
in conjunction with the task force on job repatriation and
manufacturing growth established in Public Law 112-55, to
work with the agencies funded in this division to issue a
report specifying the legislative and regulatory authorities
available to ensure that the Federal Government reaps the
maximum benefit from intellectual property developed as a
result of Federally funded research. The report, to be issued
within 180 days after enactment of this Act, shall describe
how the agencies funded in this division could use these
authorities to ensure that agency research discoveries yield
commercial technologies that are manufactured domestically.
The report shall additionally include specific
recommendations for improving domestic intellectual property
transfer and retention, and advancing related domestic
manufacturing derived from such intellectual property. In
addition, the Secretary of Commerce is expected to convene a
National Manufacturing Repatriation summit to focus on best
practices from States and industry on how the Department can
encourage more American companies to return their
manufacturing operations to the United States. The Secretary
shall provide the Committees on Appropriations with a report
summarizing any findings and recommendations of this event no
later than 120 days following the first day of its convening.
renovation and modernization
This Act includes $4,000,000 for continuing renovation
activities only at the Herbert C. Hoover Building.
office of inspector general
This Act includes a total of $34,000,000 for the Office of
Inspector General. This amount
[[Page H511]]
includes $30,000,000 in direct appropriations, a $2,000,000
transfer from USPTO and a transfer of $1,000,000 each from
Bureau of the Census, Periodic Censuses and Programs, and
NOAA PAC for audits and reviews of those programs.
General Provisions--Department of Commerce
This Act includes the following general provisions for the
Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department salaries
and expenses available for hire of passenger motor vehicles,
for services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 updates congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other unlawful
activity over their networks.
Section 107 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 provides a requirement directing the Department
of Commerce to provide a monthly report on any official
travel to China by any Commerce employee.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
This Act includes $110,000,000 for General Administration,
Salaries and Expenses.
Since January 1, 2011, the Department of Justice (DOJ) has
experienced more than 3,500 vacancies of core staff positions
due to retirement or separation--about 3 percent of the
workforce. Funding included in this Act for component
agencies will allow hiring to improve readiness at the
Department. It is expected that DOJ will prioritize hiring to
fill vacant operational positions in the field including FBI,
ATF and DEA Special Agents; Deputy U.S. Marshals;
intelligence analysts; and Federal prosecutors.
In lieu of the House proposal to transfer funds to the
Office of Inspector General (OIG) for an independent review
of the management and policies of the Civil Rights Division,
the agreement includes funding for such activity under the
OIG appropriation as described below.
This Act includes language under general provisions
requiring a Department-wide spending plan that encompasses
plans for all Department agencies and activities, which
supersedes direction in the Senate report.
To counter growing cyber threats, the agreement bolsters
resources for DOJ capabilities to investigate and prosecute
cases against cyber criminals, organized crime, and nation-
state actors. To better inform budget formulation and help
DOJ apply resources precisely and efficiently, the Department
shall provide the Committees on Appropriations, not later
than 120 days after the date of enactment of this Act, a
multiyear strategic plan that identifies resources, programs
and coordination structures needed to enable DOJ to prevent
and respond more rapidly to future attacks. The plan should
include recommendations for the DOJ cybersecurity workforce;
collaboration with Federal agencies, State and local law
enforcement, and the private sector; intelligence sharing
among DOJ components and with other Federal agencies; and how
DOJ can target technology procurement to maximize impact and
minimize waste.
The Department shall review its existing legal penalties
for companies associated with industrial espionage, as
proposed in the House report, and brief the Committees on
Appropriations on the efficacy of current penalties and
recommendations for their improvement, in lieu of the report
proposed by the House.
The Justice Department and the administration are
encouraged to work with Congress, as proposed in the Senate
report, on ways to reform DOJ enforcement and incarceration
policies in order to address the burden of funding and
supporting a rapidly growing inmate and detention population.
Further direction is provided under ``Federal Prison System,
Salaries and Expenses'' and ``State and Local Law Enforcement
Assistance'' with regard to new assessments of Federal
corrections policies, and DOJ shall take into account the
results of such efforts and similar ones in developing its
strategies and policies with regard to stemming the growth of
the incarcerated population.
The Department shall brief the Committees on Appropriations
not later than 120 days after the enactment of this Act on
registration requirements and the number of lobbyists
registered under the Foreign Agents Registration Act and the
Lobbying Disclosure Act, as specified in the House report, in
lieu of the House requirement to submit a report.
The Department shall submit a comprehensive report on all
Department of Justice anti-human trafficking activities no
later than 60 days after the date of enactment of this Act,
as specified in the House report, with the exception that any
information on sensitive matters pertinent to a full
description of such activities may be provided to the
Committees on Appropriations in a briefing before that date.
The Department shall brief the Committees on Appropriations
not later than 120 days after enactment of this Act on
Justice Department personnel and budgetary resources based in
or assigned to support law enforcement efforts in Puerto Rico
and the U.S. Virgin Islands as specified in the House report,
in lieu of the report proposed by the House.
The Department shall brief the Committees on Appropriations
not later than 120 days after enactment of this Act on its
actions to establish and implement a policy for all
Department of Justice agencies and officials that aligns with
FBI policy restricting non-investigative relations with
groups found to have provided material support for terrorist
organizations, as specified in the House report.
JUSTICE INFORMATION SHARING TECHNOLOGY
This Act includes $25,842,000 for Justice Information
Sharing Technology, and includes a Senate proviso permitting
the Attorney General to transfer funds to this account from
funds available to the Department for enterprise-wide
information technology initiatives.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
This Act includes $315,000,000 for the Executive Office for
Immigration Review (EOIR) and the Office of the Pardon
Attorney, of which $4,000,000 is derived by transfer from fee
collections.
Within the amounts provided, EOIR shall take steps as
specified in the House and Senate reports to better serve
vulnerable populations such as children, improve court
efficiency through pilot efforts aimed at improving legal
representation including support for custodians of
unaccompanied and undocumented children, continue efforts to
enhance the Legal Orientation Program, and expand its
adjudication capacity.
OFFICE OF INSPECTOR GENERAL
This Act includes $86,400,000 for the Office of Inspector
General (OIG). Within this amount, $1,000,000 shall be used
to select an independent entity to conduct an assessment of
the operation and management of the Department's Civil Rights
Division (CRT). The results of this review shall be submitted
to the Committees on Appropriations not later than one year
after enactment of this Act, and shall address shortcomings
identified in the March, 2013 OIG report, ``A Review of the
Operations of the Voting Section of the Civil Rights
Division,'' and include recommendations for specific
management and policy remedies for management and operations
issues in the Division dating from at least December, 2000.
United States Parole Commission
SALARIES AND EXPENSES
This Act includes $12,600,000 for the salaries and expenses
of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
This Act includes $867,000,000 for General Legal
Activities.
Human trafficking and slavery prosecution.--The
Department's efforts exerted through the work of the Human
Trafficking Prosecution Unit merit strong support, and DOJ
shall sustain funding and personnel at a level not less than
in fiscal year 2013.
Criminal Division (CRM).--The Criminal Division shall make
combating international intellectual property theft and
piracy a top priority, and within the funding provided, shall
sustain its efforts at not less than the fiscal year 2013
level. Similarly, within funding provided, CRM shall combat
cyber threats at a level not less than executed in fiscal
year 2013. Finally, CRM shall, within the funding provided,
sustain its current efforts to investigate and prosecute
individuals who violate Federal laws regarding serious human
rights abuses committed in foreign countries.
The Department shall follow direction in the House and
Senate reports to investigate and prosecute crimes associated
with mass atrocities and other gross human rights violations
committed abroad, and prevent the U.S. from becoming a safe
haven for perpetrators of such crimes. The Department shall
provide a briefing to the Committees on Appropriations not
later than 120 days after enactment of this Act in lieu of
the report called for in the House report.
INTERPOL Washington.--Within amounts provided, $32,000,000
is included for INTERPOL Washington.
Civil Rights Division.--The Department is expected to
sustain CRT prosecution and related activity at not less than
fiscal year 2013 levels, within the funding provided.
Financial and mortgage fraud.--Within the amounts provided,
the Department shall sustain its efforts to combat financial
and mortgage fraud at levels not less than carried out in
fiscal year 2013.
VACCINE INJURY COMPENSATION TRUST FUND
This Act includes a reimbursement of $7,833,000 for DOJ
expenses associated with
[[Page H512]]
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
This Act includes $160,400,000 for the Antitrust Division.
This appropriation is offset by $103,000,000 in pre-merger
filing fee collections, resulting in a direct appropriation
of $57,400,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
This Act includes $1,944,000,000 for the Executive Office
for United States Attorneys and the 94 United States
Attorneys' offices.
Human trafficking.--The Department shall provide reports to
the Committees on Appropriations on at least a semi-annual
basis with regard to work of U.S. Attorneys on human
trafficking task forces, and continue outreach efforts as
specified in the House report.
Sexual exploitation of children.--Within the amounts
provided, the Department shall continue to carry out
investigations into and prosecutions of cases involving the
sexual exploitation of children as specified in the Senate
report, and sustain such efforts at not less than the fiscal
year 2013 level.
Fraud investigations and prosecution.--The Department shall
sustain a level of effort at combatting financial and
mortgage fraud at not less than the fiscal year 2013 level,
within the funding provided.
UNITED STATES TRUSTEE SYSTEM FUND
This Act includes $224,400,000 for the United States
Trustee Program. The appropriation is fully offset by fee
collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
This Act includes $2,100,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
This Act includes $270,000,000 for Fees and Expenses of
Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
This Act includes $12,000,000 for the Community Relations
Service. Within funding provided, the Department shall
sustain efforts related to the Matthew Shepard and James
Byrd, Jr. Hate Crimes Prevention Act at not less than the
fiscal year 2013 level.
ASSETS FORFEITURE FUND
This Act includes $20,500,000 for the Assets Forfeiture
Fund.
United States Marshals Service
SALARIES AND EXPENSES
This Act includes $1,185,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
this level, not less than $7,500,000 shall be used to operate
anti-gang investigative units using their Regional Fugitive
Task Force network to target gangs of national significance,
as specified in the Senate report. In addition, within the
level of funding provided, USMS shall continue to carry out
activities to implement the Adam Walsh Child Protection and
Safety Act of 2006 at no less than the fiscal year 2013
level.
CONSTRUCTION
This Act includes $9,800,000 for construction and related
expenses in space controlled, occupied or utilized by the
USMS for prisoner holding and related support.
Federal Prisoner Detention
This Act includes $1,533,000,000 for Federal prisoner
detention (FPD). The rescission of $80,000,000 in this
account proposed in the request and included in the Senate
bill is not adopted, and those funds remain available for FPD
in fiscal year 2014. It is expected that detention activities
planned for fiscal year 2014 will be fully supported by this
appropriation and any FPD balances that remain from prior
year appropriations.
National Security Division
SALARIES AND EXPENSES
This Act includes $91,800,000 for the salaries and expenses
of the National Security Division (NSD). Within the funding
provided, NSD shall sustain its support to the Intelligence
Community to combat cyber threats at not less than the fiscal
year 2013 level.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
This Act includes $514,000,000 for the Organized Crime and
Drug Enforcement Task Forces. While the specific decision
unit designations proposed in the House report are not
adopted, the Department shall identify funding provided for
such units in its fiscal year 2015 budget request and the
fiscal year 2014 spending plan.
The Department shall submit the report on resources for the
International Organized Crime Intelligence and Operations
Center as specified in the House report, and propose any
necessary reprogramming to cover the cost of the Center in
fiscal year 2014.
Federal Bureau of Investigation
SALARIES AND EXPENSES
This Act includes $8,245,802,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI),
including $1,690,000,000 for Intelligence, $3,335,000,000 for
Counterterrorism/Counterintelligence, $2,645,000,000 for
Criminal Enterprises and Federal Crimes, and $575,802,000 for
Criminal Justice Services. The agreement does not include a
rescission of $71,000,000 in prior year funds proposed in the
Senate bill.
Liaison partnerships.--The Office of Inspector General, in
a September 2013 report (I-2013-007R), found significant
failures by the FBI to implement the policy it established in
2008 that prohibits non-investigative relations with a group
found to have provided material support for terrorist
organizations, documented violations of the policy at several
field offices, and recommended action to ensure effective
enforcement of existing policy and educate personnel who are
involved with executing the policy. The FBI shall brief the
Committees on Appropriations not later than 60 days after the
enactment of this Act on how the OIG recommendations have
been implemented, and what action the FBI has taken in
response to any violations.
9/11 Commission recommendations.--The agreement includes
$1,000,000 to continue the comprehensive external review of
the implementation of recommendations for the FBI proposed in
the report by the National Commission on Terrorist Attacks
Upon the United States (the ``9/11 Commission''). The
deadline to report to Congress on the findings of the
independent review specified in the explanatory statement
accompanying the fiscal year 2013 Department of Justice
appropriations is extended until such time as the review is
complete, or one year after the date of enactment of this
Act, whichever is earlier. It is expected that the FBI will
provide those conducting this congressionally directed review
the independence, flexibility and resources required to
conduct their review, and to enable reviewers to communicate
their findings and recommendations to the FBI and to the
Congress.
Next Generation Cyber Initiative.--The FBI shall, within
funding provided, continue efforts at a level above fiscal
year 2013 to support its Next Generation Cyber Initiative and
cyber task forces, as specified in the House and Senate
reports.
Counterintelligence and exchange programs.--The FBI shall
arrange a briefing for the Committees on Appropriations on
the possible role of the Chinese government or its political
entities in controlling or influencing international
educational, cultural or professional exchanges in which U.S.
officials participate.
Human trafficking.--The FBI shall follow directions in both
House and Senate reports with regard to increasing its human
trafficking cases and enhancing its cooperation with other
law enforcement agencies and improving crime reporting. In
addition, the FBI shall submit a report on its agent
utilization and staff resources devoted to investigations and
prosecutions and include actual and estimated data covering
the period 2011 through 2014.
Anti-gang efforts.--The FBI shall continue to sustain its
National Gang Intelligence Center from within the total
appropriation provided, as specified in the House report. In
addition, the FBI shall sustain at no less than current
levels its participation and leadership in Safe Streets Task
Forces and similar cooperative anti-gang programs.
Insider threats.--The FBI shall submit to the Committees on
Appropriations a classified report, with a summary
unclassified to the greatest extent possible, on trends in
espionage in U.S. laboratories, industry, and academia, as
specified in the House report, not later than 120 days after
the enactment of this Act.
Financial fraud.--The FBI shall, from within funding
provided, make it a priority to sustain its financial and
mortgage fraud investigations at not less than the fiscal
year 2013 level.
Criminal Justice Information Services Division (CJIS).--
Within funding provided, and including user fees, the FBI
should sustain CJIS at no less than the fiscal year 2013
level.
FBI headquarters consolidation.--The agreement adopts, by
reference, Senate language regarding FBI headquarters
consolidation. FBI headquarters consolidation is expected to
result in a full consolidation of FBI headquarters so that
employees currently located at the J. Edgar Hoover building
may be co-located with colleagues who are currently spread
out across 20 leased offices in the region.
Surveillance.--Within funding provided, the FBI shall
strive to meet the level of effort and funding proposed in
the Senate report concerning surveillance.
National Instant Criminal Background Check System (NICS).--
Within the amount provided, the FBI is expected to increase
resources by $60,000,000 to expand the capacity of the
existing NICS system to meet the rising volume of requests
for NICS checks.
Innocent Images.--Within funding provided, the FBI shall
sustain efforts to investigate those who prey on children
online, as specified in the Senate report, at a level no less
than that supported in fiscal year 2013.
Terrorist Explosive Device Analytical Center (TEDAC).--The
agreement provides $30,000,000 to continue ongoing FBI
counter-improvised explosive device (IED) initiatives,
including $16,500,000 under Construction and $13,500,000
under this account for recurring operations and maintenance,
permanent change of station expenses, and staffing for
facilities that will be complete in 2014. The FBI may propose
a transfer between these two accounts, as necessary, in
accordance with the standard reprogramming guidelines, to
address changing requirements.
Assessments of mobile phones in-flight.--The FBI shall
coordinate with the Department of Homeland Security, the
Federal Aviation Administration, and the Federal
Communications Commission (FCC) to ensure any relevant
research or threat assessments are taken into account as the
FCC considers
[[Page H513]]
changes to rules regarding in-flight use of mobile phones.
CONSTRUCTION
This Act includes $97,482,000 for FBI Construction, of
which up to $16,500,000 is included for additional facilities
to support the exploitation and warehousing of IEDs by the
TEDAC. This is in lieu of the Senate proposal to transfer
funds to the ``Salaries and Expenses'' account.
Drug Enforcement Administration
SALARIES AND EXPENSES
This Act includes a direct appropriation of $2,018,000,000
for the salaries and expenses of the Drug Enforcement
Administration (DEA). DEA expects to derive $360,917,000 from
fees deposited in the Diversion Control Fund to carry out the
Diversion Control Program. The agreement includes language
under the Community Oriented Policing Services (COPS) program
transferring $10,000,000 to DEA for methamphetamine lab
cleanup. DEA shall continue anti-gang enforcement efforts,
including collaboration with other Federal, State and local
law enforcement agencies, from within the amounts provided.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
This Act includes $1,179,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). ATF shall continue cooperative anti-gang
enforcement efforts with other Federal, State and local law
enforcement agencies from within the amounts provided.
Firearms tracing, enforcement and regulatory oversight.--
Within the amount provided, ATF is expected to undertake an
enhancement of its enforcement and regulatory efforts, to
include updating and expanding the National Integrated
Ballistic Imaging Network (NIBIN), as proposed in both House
and Senate reports. ATF shall provide a briefing, in lieu of
the report called for in the House report, to the Committees
on Appropriations no later than 60 days after the date of
enactment of this Act on the allocation of fiscal year 2014
funding for violent crime enforcement, regulatory efforts and
firearms tracing, to include NIBIN.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
This Act includes $6,769,000,000 for the salaries and
expenses of the Federal Prison System, including
$2,492,500,000 for Inmate Care and Programs, $2,951,000,000
for Institution Security and Administration, $1,114,500,000
for Contract Confinement, and $211,000,000 for Management and
Administration. The Bureau of Prisons (BOP) shall give top
priority in this account to filling existing and new
vacancies to ensure safe and secure operations at existing
facilities.
Senate report language regarding a Government
Accountability Office (GAO) assessment of the growing cost of
housing Federal inmates and detainees is adopted by
reference, as is the requirement for the BOP to submit a
comprehensive plan to address prison population growth.
Further direction on Federal corrections reform is provided
under ``State and Local Law Enforcement Assistance'' in this
statement.
Within funding provided, BOP is expected to use contract
confinement funding at no less than the fiscal year 2013
level to alleviate overcrowding. Similarly, within the
funding provided, BOP should continue efforts to expand
Second Chance Act and Residential Drug Abuse Program
capacity.
BOP shall include detailed, project-specific information on
activations in the Departmental spending plan required by
this Act.
BUILDINGS AND FACILITIES
This Act includes $90,000,000 for the construction,
acquisition, modernization, maintenance and repair of prison
and detention facilities housing Federal inmates.
BOP is directed to include detailed project-specific
spending plans for both the New Construction and the
Modernization and Repair decision units, along with a
comprehensive report on the current modernization and repair
backlog, in the Department's spending plan required by
this Act. The agreement adopts Senate language requiring
BOP to use the findings from the GAO report on prison
overcrowding in preparing a long-term plan to address
needs, including, where warranted, the construction of new
facilities; and House language directing BOP to move
forward with ongoing facilities planning for future prison
construction to meet projected capacity requirements.
limitation on administrative expenses, federal prison industries,
incorporated
This Act includes a limitation on administrative expenses
of $2,700,000 for Federal Prison Industries, Incorporated
(FPI).
State and Local Law Enforcement Activities
In total, this Act includes $2,274,300,000 for State and
local law enforcement and crime prevention programs. This
amount includes $2,193,300,000 in discretionary budget
authority and $81,000,000 scored as mandatory for Public
Safety Officer Benefits.
House and Senate report language regarding management and
administration expenses is adopted by reference, and it is
clarified that the Department's methodology for assessing
these costs should be both fair and equitable across all
grant programs.
Spending plan.--The Department shall submit a spending plan
and related materials for each program funded under this
heading to the Committees on Appropriations not later than 30
days after the enactment of this Act, along with the overall
spending plan required by this Act. In matters in the House
report under this heading that call for a plan for the use of
funds for a specific grant program, such requirement shall be
satisfied by inclusion in the overall spending plan unless
otherwise provided herein.
Vision 21.--The agreement includes $12,500,000 in
discretionary funding under State and Local Law Enforcement
Assistance for Vision 21, which seeks to bring better
technology, planning, research and data into the crime
victims services field. House report language regarding
Vision 21 is not adopted.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
This Act includes $417,000,000 for the Office on Violence
Against Women (OVW). These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants............................................. $193,000
Transitional Housing Assistance......................... 24,750
Research and Evaluation on Violence Against Women....... 3,250
Consolidated Youth-Oriented Program..................... 10,000
Grants to Encourage Arrest Policies..................... 50,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services......................... 27,000
Rural Domestic Violence and Child Abuse Enforcement..... 36,000
Violence on College Campuses............................ 9,000
Civil Legal Assistance.................................. 37,000
Elder Abuse Grant Program............................... 4,250
Family Civil Justice.................................... 15,000
Education and Training for Disabled Female Victims...... 5,750
National Resource Center on Workplace Responses......... 500
Research on Violence Against Indian Women............... 1,000
Indian Country--Sexual Assault Clearinghouse............ 500
---------------
TOTAL, Violence Against Women Prevention and $417,000
Prosecution Programs...............................
------------------------------------------------------------------------
Research and evaluation on violence against women.--
Language in the House report regarding honor violence is
adopted by reference. No less than $250,000 of the funds
provided for research and evaluation on violence against
women shall be for the Bureau of Justice Statistics (BJS) to
collect statistics and report on the incidence of honor
violence in the United States. The report on this matter
required by the House report shall include these statistics.
Office of Justice Programs
Senate report language regarding a miscommunication that
appears to have occurred between the Department and a grantee
is adopted by reference.
Research, Evaluation and Statistics
This Act provides $120,000,000 for the Research, Evaluation
and Statistics account. These funds are distributed as
follows:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics................... $45,000
National Institute of Justice.................. 40,000
Regional information sharing activities........ 30,000
Forensics Initiative........................... 4,000
Transfer to NIST........................... (3,000)
Evaluation Clearinghouse....................... 1,000
------------------------
TOTAL, Research, Evaluation and Statistics. $120,000
------------------------------------------------------------------------
Forensic sciences.--The agreement provides $4,000,000 for a
forensics initiative, of which $1,000,000 is to support the
Forensic Science Advisory Committee, to be chaired by the
Attorney General and the Director of the National Institute
of Standards and Technology (NIST), and $3,000,000 is
provided, by transfer, to NIST to support Scientific Working
Groups. DOJ shall coordinate its forensics initiative
activities with NIST.
There is concern that the administration's forensic
sciences initiative, as proposed in the budget request, lacks
the involvement of the State and local practitioner
community, making the community an observer--not a
participant--in addressing forensic reform, and thereby
running the risk that the initiative will not take into
consideration existing, proven standards and processes used
within the community. It is expected that the Forensic
Science Advisory Committee will consider the need to exercise
independent scientific judgment and, among other factors,
recommendations from leading scientific organizations and
leading professional organizations in the field of
forensic science. It is also expected that the Forensic
Science Advisory Committee will consult with key and
relevant stakeholder groups prior to advancing forensic
science solutions or reforms.
state and local law enforcement assistance
This Act includes $1,171,500,000 for State and Local Law
Enforcement Assistance programs. These funds are distributed
as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assitance Grants................. $376,000
State and Local Anti-terrorism Training............. (1,000)
State and Local Assitance Help Desk and Diagnostic (1,000)
Center.............................................
[[Page H514]]
VALOR Initiative.................................... (15,000)
Domestic Radicalization Research.................... (4,000)
Puerto Rico Plebiscite.............................. (2,500)
Smart Policing...................................... (5,000)
Smart Prosecution................................... (2,500)
State Criminal Alien Assistance Program................. 180,000
Byrne Competitive Grants................................ 13,500
Victims of Trafficking Grants........................... 14,250
Drug Courts............................................. 40,500
Mentally III Offender Act............................... 8,250
Residential Substance Abuse Treatment................... 10,000
Capital Litigation and Wrongful Conviction Review....... 2,000
Economic, High-tech and Cyber Crime Prevention.......... 10,000
John R. Justice Grant Program........................... 2,000
Adam Walsh Act Implementation........................... 20,000
Children Exposed to Violence Initiative................. 8,000
Byrne Criminal Justice Innovation Program............... 10,500
Bulletproof Vests Partnerships.......................... 22,500
Transfer to NIST/OLES............................... (1,500)
National Sex Offender Public Website.................... 1,000
Violent Gang and Gun Crime Reduction.................... 8,500
National Instant Criminal Background Check System (NICS) 58,500
Initiative.............................................
NICS Act Record Improvement Program................. (12,000)
National Criminal History Improvement Program....... (46,500)
Paul Coverdell Forensic Science......................... 12,000
DNA Initiative.......................................... 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
CASA--Special Advocates................................. 6,000
Tribal Assistance....................................... 30,000
Second Chance Act/Offender Reentry...................... 67,750
Smart Probation..................................... (6,000)
Children of Incarcerated Parents Demo Grants........ (2,000)
Pay for Success (Discrentionary).................... (7,500)
Veterans Treatment Courts............................... 4,000
Missing Alzheimer's Patients Grants..................... 750
Prescription Drug Monitoring............................ 7,000
Prison Rape Prevention and Prosecution.................. 12,500
Campus Public Safety.................................... 2,000
Justic Reinvestment Initiative.......................... 27,500
Charles Colson Task Force on Federal Corrections.... (1,000)
Project HOPE Opportunity Probation with Enforcement..... 4,000
Vision 21............................................... 12,500
Comprehensive School Safety Initiative.................. 75,000
---------------
TOTAL, State and Local Law Enforcement Assistance... $1,171,500
------------------------------------------------------------------------
Human trafficking.--The agreement includes $14,250,000 for
victims of human trafficking. OJP shall consult with
stakeholders in determining the overall allocation of this
funding, including amounts allocated to assist foreign
national victims, and such details shall be included in the
spending plan required by this Act.
DNA grants.--Senate bill language regarding certain
requirements for Debbie Smith Act grants is not included. OJP
shall ensure that labs receiving funds made available through
the Debbie Smith DNA Backlog Grant Program are operating in
good standing and properly accredited before disbursing grant
funding.
Byrne-Justice Assistance Grant (JAG) subgrantees.--The
agreement includes Senate report language regarding State-
imposed matching requirements on Byrne-JAG subgrantees, and
DOJ is urged to work with States to find alternatives to such
requirements.
Violent Gang and Gun Crime Reduction.--The agreement
provides $8,500,000 for competitive grants aimed at reducing
homicides and gun-related violent crime in communities
overwhelmed by gangs of national significance and illegally
purchased and trafficked guns.
National Instant Criminal Background Check System (NICS)
Initiative grants.--The agreement includes $58,500,000 for
grants to improve records in the NICS system. These funds
will strengthen NICS by assisting States in finding ways to
add more records to the system, especially mental health
records. This will help close gaps in Federal and State
records currently available in NICS, which hinder the ability
to confirm quickly whether a prospective purchaser is
prohibited from acquiring a firearm.
The agreement consolidates the National Criminal History
Improvement Program and the NICS Act Record Improvement
Program (NARIP), allowing grants to be made under both
authorities. Not less than $12,000,000 shall be available
only for States meeting the requirements for NARIP.
Comprehensive School Safety Initiative.--The agreement
includes $75,000,000 for a Comprehensive School Safety
Initiative, a research-focused initiative to increase the
safety of schools nationwide. The Initiative shall bring
together the Nation's best minds to research the root causes
of school violence, develop technologies and strategies for
increasing school safety, and provide pilot grants to test
innovative approaches to enhance school safety across the
Nation. The National Institute of Justice (NIJ) shall develop
and implement the Initiative and shall report to the
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on its implementation plans.
NIJ shall collaborate with key partners from law
enforcement, mental health, and education disciplines to
develop a strategy and model for comprehensive school safety.
The model should take into account concerns about the
``school-to-prison pipeline'' discussed in the Senate report.
NIJ shall provide to the Committees on Appropriations a
report detailing the results of this effort and an outline of
the model not later than 90 days after the date of enactment
of this Act. Immediately following the development of this
model the NIJ shall make it available via the Department of
Justice website.
Of the amounts provided, $50,000,000 shall be for pilot
grants to improve school safety aligned with the model
described in the preceding paragraph. These grants may be
used to: test and evaluate technologies and strategies to
improve school safety; develop and update school safety
assessments and plans; provide technical assistance or
training; and support and assess other programs and
technologies that are intended to enhance overall school
safety efforts. Schools, in consultation with law enforcement
and school mental health professionals, should coordinate
when applying for funding. Uses of such funding should
conform to the schools' own comprehensive school safety
assessments and plans, and should advance the goal of
developing, testing and discerning best practices for school
safety. In awarding such grants, NIJ shall take into account
the extent to which the activities to be funded by the grants
align with the model, are informed by research, and are
designed with a rigorous evaluation component to ensure that
taxpayer funds are being spent effectively.
In addition, not less than $25,000,000 shall be for
research and evaluation. Such research shall analyze
potential root causes of violence in schools, including gaps
in the Nation's mental health system and exposure to violence
in media. In addition, the Initiative shall examine promising
new approaches and technologies to determine the most
effective measures for the improvement of school safety, such
as the development of comprehensive school safety
assessments; the development and implementation of
appropriate training modules; effectiveness of surveillance
cameras; or new ways of designing schools to improve
survivability in the event of a mass shooting incident. NIJ
shall disseminate its research results, in both urban and
rural areas, so school administrators and local officials can
implement proven methods to keep schools and communities
safe.
The Department's OIG shall conduct audits and oversight of
funds provided under this Initiative. The OIG shall also
review concerns raised by the public about specific
investments using funds made available in this program, and
relay findings of their reviews to the Director of the NIJ
and the Committees on Appropriations.
Colson Task Force.--Of the amount provided for justice
reinvestment, not less than $1,000,000 is included to
establish and support the operations of a nine-person,
bipartisan, blue ribbon Charles Colson Task Force on Federal
Corrections to address challenges in the Federal corrections
system, as described in the House report. To create this task
force the Department shall, no later than 60 days after
enactment of this Act, choose an organization that will
convene individuals with recognized relevant expertise in
justice reinvestment and corrections reform. Not later than
12 months after its first meeting, the task force shall
prepare and submit a report that contains a statement of its
findings, conclusions, and recommendations to the Congress,
Attorney General and President.
The task force shall develop practical, data-driven policy
options to increase public safety, improve offender
accountability, reduce recidivism, and control growth of
spending on corrections. Such findings should include
legislative actions for the Congress to consider. As part of
its work, the task force shall examine: overcrowding in BOP
facilities and options to avert continued growth in the
system population; measures to address overcrowding within
facilities; violence in the system, including gang violence,
and improved public safety measures; prison rehabilitation
and employment programs; and reentry programs and policies to
reduce recidivism. The task force shall also undertake a
comprehensive analysis of relevant criminal justice data;
identify factors driving the growth in prison populations;
study ``lessons learned'' from successful State-level justice
reinvestment initiatives; and evaluate current and potential
criminal justice policies, including the cost-effectiveness
of spending on corrections.
JUVENILE JUSTICE PROGRAMS
This Act includes $254,500,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants................................. $55,500
Emergency Planning--Juvenile Detention Facilities.......... (500)
Youth Mentoring Grants....................................... 88,500
Title V--Delinquency Prevention Incentive Grants............. 15,000
Tribal Youth............................................... (5,000)
Gang and Youth Violence Education and Prevention........... (2,500)
Alcohol Prevention......................................... (2,500)
Juvenile Justice and Education Collaboration Assistance.... (5,000)
Victims of Child Abuse Programs.............................. 19,000
Community-Based Violence Prevention Initiatives.............. 5,500
Missing and exploited children programs...................... 67,000
Training for Judicial Personnel.............................. 1,500
National Forum on Youth Violence Prevention.................. 1,000
Children of Incarcerated Parents Web Portal.................. 500
Girls in the Justice System.................................. 1,000
----------
Total, Juvenile Justice.................................. $254,500
------------------------------------------------------------------------
Missing and exploited children.--The agreement provides
$67,000,000 for missing and exploited children programs, of
which not less than the current year funding shall be
provided for Internet Crimes Against Children program--
related activities.
Part B--State Formula Grants.--The agreement provides
$55,500,000 for Part B--State Formula Grants, which help
States implement the Juvenile Justice and Delinquency
Prevention Act and improve their juvenile justice systems. As
the agreement terminates funding for the Juvenile
Accountability Block Grant (JABG) program, the Act allows up
to $10,000,000 provided under the Part B subparagraph to be
used for building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities, which are authorized
activities under the former JABG program. OJP shall ensure
that States using funding under this program for operating
juvenile facilities include
[[Page H515]]
in their grant reporting a plan to transition away from using
Juvenile Justice grant funding for such purposes in future
fiscal years. In addition, OJP shall work with States to
understand how Part B funding can be used for purpose areas
where JABG and Part B overlap. OJP shall also ensure that
States are aware of JABG purpose areas for which Byrne-JAG
funding may be used. OJP should encourage States to pay
particular attention to activities that are evidence based as
well as those that increase offender accountability.
New initiatives.--The agreement includes $5,000,000 for
Juvenile Justice and Education Collaboration Assistance,
which will help encourage evidence-based responses to youth
discipline in schools and lessen the need for involvement of
police and courts in youth misbehavior. The agreement also
includes $1,000,000 for Competitive Grants for Girls in the
Justice System, which will focus on the unique needs of
female offenders.
Grantee audit recommendations.--The efforts of OJP and OIG
to ensure that Federal grant funding is efficiently and
effectively spent are strongly supported. OJP is urged to
continue working with both OIG and affected grantees to
review and implement audit recommendations as quickly as
practicable in order to minimize the administrative and
financial burden on those grantees and the disruption of
services to the community.
PUBLIC SAFETY OFFICER BENEFITS
This Act includes $97,300,000 for the Public Safety Officer
Benefits program for fiscal year 2014. Within the funds
provided, $81,000,000 is for death benefits for survivors, an
amount estimated by the Congressional Budget Office that is
considered mandatory for scorekeeping purposes. In addition,
$16,300,000 is provided for disability benefits for public
safety officers permanently and totally disabled as a result
of a catastrophic injury and for education benefits for the
spouses and children of officers killed in the line of duty
or permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
This Act includes $214,000,000 for COPS programs, as
follows:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
Program Amount
Transfer to DEA for Methamphetamine Lab Cleanups............. $10,000
Tribal Resources Grant Program............................... 16,500
COPS Hiring Grants........................................... 180,000
Transfer to Tribal Resources Grant Program................. (16,500)
Community Policing Development/Training and Technical (7,500)
Assistance................................................
Collaborative Reform Model................................. (5,000)
Anti-Methamphetamine Task Forces............................. 7,500
----------
Total, Community Oriented Policing Services.............. $214,000
Comprehensive School Safety Initiative.--The agreement
includes funding for the Comprehensive School Safety
Initiative under the heading ``State and Local Law
Enforcement Assistance.''
General Provisions--Department of Justice
This Act includes the following general provisions for the
Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life
of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons is obliged to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 208 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious or educational
purposes.
Section 209 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 210 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 211 prohibits the use of funds for A-76
competitions for work performed by employees of the BOP or
FPI, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance, and permits up to 2
percent of grant funds made available to that office to be
used for criminal justice research, evaluation and statistics
by NIJ and BJS. Senate language regarding a tribal set-aside
is not adopted.
Section 214 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; drug treatment programs; and prison
rape elimination programs.
Section 215 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 216 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 217 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
TITLE III--SCIENCE
Office of Science and Technology Policy
This Act includes $5,555,000 for the Office of Science and
Technology Policy (OSTP).
Science, Technology, Engineering and Math (STEM) education
reorganization.--While the Congress is supportive of attempts
to improve efficiency and effectiveness in Federal STEM
education programs, the proposed reorganization of these
programs contained in the budget request was incomplete and
lacked sufficient detail. The proposal contained no clearly
defined implementation plan, had no buy-in from the education
community and failed to sufficiently recognize or support a
number of proven, successful programs. Accordingly, the
agreement does not adopt the reorganization; all STEM
activities are funded in their existing programmatic
structures unless explicitly noted otherwise elsewhere in
this statement or through language in either the House or
Senate report that is not modified or superseded by this
statement.
OSTP shall reexamine other possible reorganizations of
Federal STEM programs for consideration in a future fiscal
year after engaging in an inclusive development process
(involving the interagency community and major external
stakeholders) and taking into consideration evaluations and
other evidence of program success.
Dissemination of STEM findings.--The report on the
dissemination of STEM education findings requested in the
House report shall be provided no later than 90 days after
the enactment of this Act.
Interagency Working Group on Neuroscience (IWGN).--The
agreement incorporates language from the House report
regarding OSTP's commendable efforts to coordinate and
increase neuroscience research throughout the Federal
government. In recognition of the international interest in
furthering neuroscience research, OSTP shall, to the extent
possible, identify possible opportunities for international
collaboration to further the goals and efforts of the IWGN.
Public access to federally funded research.--Major Federal
research agencies are in the process of drafting and
implementing plans to enable public access to federally
funded research findings in accordance with guidance issued
by OSTP in February, 2013. OSTP shall report to the
Committees on each agency's progress in developing and
implementing its plan. The first such report shall be
submitted within 45 days of the enactment of this Act, with
semi-annual updates thereafter.
National Aeronautics and Space Administration
This Act includes $17,646,500,000 for the National
Aeronautics and Space Administration (NASA).
Asteroid Redirect Mission (ARM).--NASA has proposed a new
mission known as the ARM that would engage both scientific
and human exploration activities. While the ARM is still an
emerging concept, NASA has not provided Congress with
satisfactory justification materials such as detailed cost
estimates or impacts to ongoing missions. The completion of
significant preliminary activities is needed to appropriately
lay the groundwork for the ARM prior to NASA and Congress
making a long-term commitment to this mission concept.
Reprogrammings and transfers.--Reprogramming and transfer
authorities exist so that NASA can respond to unexpected,
exigent circumstances that may arise during the fiscal year,
not so that NASA can pursue its internal priorities at the
expense of congressional direction. If NASA persists in
abusing its reprogramming and transfer authorities, those
authorities will be eliminated in future appropriations acts.
A table of specific funding allocations for NASA is
delineated below, and additional detail may be found under
the relevant account headings.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science......................................... $1,826,000
Planetary Science..................................... 1,345,000
Astrophysics.......................................... 668,000
James Webb Space Telescope............................ 658,200
Heliophysics.......................................... 654,000
---------------
[[Page H516]]
Total, Science.......................................... 5,151,200
===============
Aeronautics............................................. 566,000
===============
Space Technology........................................ 576,000
===============
Exploration:
Human Exploration Capabilities........................ 3,115,200
Orion Multi-Purpose Crew Vehicle.................... (1,197,000)
Space Launch System (SLS)........................... (1,918,200)
SLS Vehicle Development......................... (1,600,000)
Exploration Ground Systems...................... (318,200)
Commercial Spaceflight.............................. 696,000
Exploration Research and Development................ 302,000
---------------
Total, Exploration...................................... 4,113,200
===============
Space Operations........................................ 3,778,000
===============
Education:
Aerospace Research and Career Development............. 58,000
NASA Space Grant.................................... (40,000)
Experimental Program to Stimulate Competitive (18,000)
Research...........................................
STEM Education and Accountability..................... 58,600
---------------
Minority University Research Education Program...... (30,000)
STEM Education and Accountability Projects.......... (28,680)
Total, Education........................................ 116,600
===============
Cross Agency Support.................................... 2,793,000
===============
Construction and Environmental Compliance and 515,000
Restoration............................................
===============
Office of Inspector General............................. 37,500
===============
Total, NASA............................................. $17,646,500
------------------------------------------------------------------------
SCIENCE
This Act includes $5,151,200,000 for Science.
Education and Public Outreach (EPO).--Consistent with
longstanding NASA practice, the agreement maintains EPO
funding within the Science Mission Directorate (SMD). The
current method of distributing EPO funds within SMD, however,
may not produce the most efficient allocation of limited
resources. For fiscal year 2015 and future years, NASA shall
consider consolidating EPO funding within each SMD division
and allocating funds to individual activities based on an
assessment of division-wide priorities and program
effectiveness.
Earth Science.--Within the amounts provided for Earth
Science, NASA shall comply with direction from the Senate
report on land imaging; the Soil Moisture Active Passive
mission; Ice, Cloud and Land Elevation Satellite-2; the Pre-
Aerosol, Clouds, Ecosystem mission; carbon monitoring; and
SERVIR.
The language contained in the House report regarding
funding for the Deep Space Climate Observatory and for
climate sensors previously planned for inclusion in NOAA's
Joint Polar Satellite System (JPSS) is not adopted. Prior to
expending any funds on the development of the JPSS climate
sensors, however, NASA shall submit to the Committees a
development plan for each sensor, including a notional budget
and schedule profile covering the budget run-out period as
well as a description of the effect this funding will have on
the achievement of existing NASA priorities as recommended in
the 2007 Earth Science decadal survey.
Planetary Science.--In lieu of any amounts included for
specific Planetary Science activities in the House and Senate
reports, the agreement provides $130,000,000 for Research and
Analysis; up to $40,500,000 for Near Earth Object
Observation; $285,000,000 for Discovery; $258,000,000 for New
Frontiers, including $218,700,000 for OSIRIS-REx;
$288,000,000 for Mars Exploration, including $65,000,000 for
the development of the Mars 2020 Rover; $159,000,000 for
Outer Planets, including $80,000,000 for a Jupiter Europa
mission as described in the House report; and $146,000,000
for Technology, including up to the requested level for
Plutonium-238 production.
NASA shall use the funds provided for the Discovery program
to support extended operations for the Messenger program and
to increase the tempo by which Announcements of Opportunity
(AOs) are released and missions are selected from those AOs.
NASA is encouraged to initiate a new Discovery AO no later
than May 1, 2014 with final phase two selection and award of
one or more missions by September, 2015.
NASA's discontinuation of Advanced Stirling Radioisotope
Generator (ASRG) flight system development activities may
disadvantage individuals or teams whose Planetary Science
mission proposals assumed, based on NASA's previous AOs and
development schedule, that ASRG technology would be available
to them when needed. NASA shall take steps to mitigate the
impact on such proposers and ensure that they have sufficient
opportunities to compete for funds in the future with
adjusted mission concepts that no longer rely on ASRG
technology.
Astrophysics.--Within the amounts provided for
Astrophysics, NASA shall comply with direction from the
Senate report regarding the Hubble Space Telescope, the
Balloon Project and the Wide Field InfraRed Survey Telescope.
Heliophysics.--Within the amounts provided for
Heliophysics, NASA shall comply with direction from the
Senate report regarding the Magnetospheric MultiScale
mission, Solar Probe Plus and the Explorer program.
AERONAUTICS
This Act includes $566,000,000 for Aeronautics.
SPACE TECHNOLOGY
This Act includes $576,000,000 for Space Technology.
EXPLORATION
This Act includes $4,113,200,000 for Exploration.
Human Exploration Capabilities.--The following language
pertaining to the Space Launch System (SLS) and Orion Multi-
Purpose Crew Vehicle supersedes all positions expressed in
either the House or Senate report unless otherwise noted.
The agreement reiterates disappointment in NASA's SLS
budget submissions and its failure to follow congressional
direction to base the SLS budget on NASA's own independent
cost assessment (ICA). Adequate funding for SLS, a top NASA
priority, is necessary to support program goals, preserve
progress already made toward achieving the upcoming test
flight and maintain a schedule that supports accomplishing an
initial operating capability in 2017. The agreement provides
$1,600,000,000 under the ``Exploration'' heading to maintain
critical forward momentum for the core development of SLS
and, where practicable, components that will allow SLS to
become a 130 metric ton vehicle, including the J2-X engine,
upper stage, advanced boosters and SLS-related
infrastructure. Due to continuing concerns regarding the
diversion of funding intended for vehicle development to
activities with only tangential relevance to SLS, NASA shall
not use SLS funds for engineering or other activities that
are not directly related to SLS vehicle development. Further,
NASA shall leverage its existing investments and find
common designs that will limit the number of changes
necessary during SLS development.
Until such time that NASA can produce sufficient
information to the Committees that accurately reflects known
funding requirements, NASA should not rely on anything other
than its own ICA to guide its funding recommendations for SLS
for fiscal year 2015.
NASA shall provide the quarterly SLS spending reports and
the report on additional potential uses of the 130 metric ton
SLS configuration as originally described in the House
report. The quarterly spending reports shall also track key
milestones and schedules in vehicle development and
activities related to all SLS vehicle and ground systems
work.
The agreement also provides $1,200,000,000 for the Orion
Multi-Purpose Crew Vehicle, including $3,000,000 under the
``Construction and Environmental Compliance and Restoration''
heading. This funding will allow NASA to keep Orion
development on schedule with SLS to meet upcoming testing
milestones and to achieve initial operational readiness in
2017.
Commercial crew.--The agreement provides $696,000,000 for
the Commercial Crew Program (CCP) and confirms the intent of
the House and Senate reports on Federal Acquisition
Regulation--based contracts, private investment, safety
standards and the number of CCP partners. In addition, NASA
shall comply with language from the Senate report regarding
rocket testing infrastructure.
The primary purpose of the CCP has always been to develop a
national capability to restore domestic access to the
International Space Station (ISS) as quickly and safely as
possible. Currently, the ISS is scheduled to complete its
mission by 2020, and NASA has no definitive plan yet to
extend the mission beyond that date. This uncertainty has a
substantial impact on planning and financial requirements in
the CCP that must be addressed. To that end, the agreement
withholds from obligation a portion of CCP funds until NASA
certifies that the program has undergone an independent
benefit-cost analysis that takes into consideration the total
Federal investment in the CCP and the expected operational
life of the ISS. ``Expected operational life'' shall be
defined by NASA based on an ISS sustainability plan that
includes a comprehensive systems assessment, identification
of critical functional and scientific capabilities and long
term funding projections as described in the Senate report.
Benefits and costs shall be examined in relation to current
ISS crew transportation practices.
In addition to the certification itself, both the ISS
sustainability plan used to derive the ISS expected
operational life and an un-redacted copy of the independent
benefit-cost analysis shall be provided to the Committees.
SPACE OPERATIONS
This Act includes $3,778,000,000 for Space Operations.
International Space Station.--The agreement does not
include the specific funding level for the ISS contained in
the Senate report. However, the agreement maintains strong
support for the ISS, and the operational and financial
concerns expressed in both the House and Senate reports
stand. The agreement also modifies financial reports required
by both the House and Senate reports pertaining to the
operational costs of the ISS to include one reporting
requirement detailed under the ``Exploration'' heading of
this statement.
Satellite servicing.--The agreement supports the Senate's
direction on satellite servicing but modifies the total
amount to $100,000,000, including the requested amounts in
both the Space Technology and Human Exploration and
Operations Mission Directorates and carryover funding from
fiscal year 2013.
Space and Flight Support.--The agreement provides the
requested levels for the 21st Century Space Launch Complex
and Rocket Propulsion Testing programs.
[[Page H517]]
ISS intellectual property (IP).--The agreement encourages
more research on the ISS but acknowledges that current IP
rules may encumber the commercial application of such
research. NASA shall submit to the Committees within 45 days
of the enactment of this Act, or provide within its fiscal
year 2015 budget request, proposed policies or legislation
that appropriately address concerns regarding the ownership
of IP, including inventions and data, developed through the
use of the ISS. NASA shall take into consideration
regulations and policies currently in place for industries
that have an interest in using the ISS as a research
platform.
EDUCATION
This Act includes $116,600,000 for Education.
Space Grant.--Any Space Grant funds available in excess of
the amount needed to fulfill base awards shall be made
available to all consortia on a competitive basis.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--NASA shall consider and incorporate the findings
of the November, 2013 report of the National Academy of
Sciences on the EPSCoR program into its fiscal year 2015
budget request.
STEM Education and Accountability Projects (SEAP).--
Consistent with language from the Senate report, NASA may
reorganize and consolidate Office of Education activities
funded within SEAP as proposed in the budget request.
CROSS AGENCY SUPPORT
This Act includes $2,793,000,000 for Cross Agency Support.
Security.--In fiscal year 2013, NASA commissioned a review
of its security policies and procedures by the National
Academy of Public Administration (NAPA). Upon receipt of the
final NAPA report, NASA shall submit to the Committees a list
of NAPA's recommendations for action along with a proposed
response to each recommendation. This report shall be updated
on a quarterly basis to document NASA's progress in
implementing its responses.
Infrastructure.--The NASA Office of Inspector General (OIG)
recently released a number of reports, including IG-12-20,
IG-13-008 and a memorandum dated December 11, 2013, examining
NASA's real property management. These reports found, in
part, that NASA needs to revise its leasing guidance to
ensure public notification of leasing opportunities, use
competitive awarding practices whenever possible and help
ensure the appropriate application of ancillary lease
benefits such as aviation fueling. NASA shall report to the
Committees on the status of each recommendation contained in
the OIG reports, as well as any further steps taken by the
agency to improve its real property management practices
outside of the OIG recommendations. This report shall be
provided no later than 120 days after the enactment of this
Act.
As NASA continues its efforts to find non-governmental
entities to take over its underutilized infrastructure, NASA
should make that infrastructure available, to the greatest
extent possible, through means that maximize flexibility and
access for all interested users.
Reports.--All reports directed by the Committees shall be
provided in electronic form as well as hard copy.
CONSTRUCTION AND ENVIRONMENTAL
COMPLIANCE AND RESTORATION
This Act includes $515,000,000 for Construction and
Environmental Compliance and Restoration. Within the amount
provided, up to $142,000,000 shall be for Exploration
Construction of Facilities.
OFFICE OF INSPECTOR GENERAL
This Act includes $37,500,000 for the Office of Inspector
General.
ADMINISTRATIVE PROVISIONS
This Act includes the following administrative provisions
for NASA:
a provision that makes funds for announced prizes
available without fiscal year limitation until the prize is
claimed or the offer is withdrawn;
a provision that establishes terms and conditions
for the transfer of funds; and
a provision that subjects the NASA spending plan
and specified changes to that spending plan to reprogramming
procedures under section 505 of this Act.
National Science Foundation
This Act includes $7,171,918,000 for the National Science
Foundation (NSF).
RESEARCH AND RELATED ACTIVITIES
This Act includes $5,808,918,000 for Research and Related
Activities (R&RA).
Terminations and reductions.--NSF's R&RA termination and
reduction proposals are incorporated unless specifically
noted otherwise in this statement or in language in either
the House or Senate report that is not modified or superseded
by this statement.
International Ocean Discovery Program (IODP).--The
agreement provides the requested amount for IODP.
Cross-Foundation initiatives.--Limits on the implementation
of OneNSF initiatives as proposed in the Senate report are
not included. However, future growth in interdisciplinary
research should not come at the expense of adequate support
for infrastructure and core research programs in each of
NSF's individual scientific disciplines. NSF is urged to
assess and refine the balance among these activities in its
budget request for fiscal year 2015 and future years.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
This Act includes $200,000,000 for Major Research Equipment
and Facilities Construction. Funds are provided at the
request level for all projects for which construction has
already begun, and remaining funds are for the initiation of
the Large Synoptic Survey Telescope (LSST) project. If NSF
determines that LSST requires additional funding in fiscal
year 2014, NSF may submit a transfer proposal to provide such
funds.
EDUCATION AND HUMAN RESOURCES
This Act includes $846,500,000 for Education and Human
Resources (EHR).
Terminations and reductions.--NSF's EHR termination and
reduction proposals are incorporated unless specifically
noted otherwise in this statement or in language in either
the House or Senate report that is not modified or superseded
by this statement.
Broadening participation programs.--The agreement includes
funding at the fiscal year 2013 current plan level for
Centers for Research Excellence in Science and Technology and
at the Senate level for the Historically Black Colleges and
Universities Program, the Louis Stokes Alliance for Minority
Participation, the Tribal Colleges and Universities Program
and the Alliance for Graduate Education and the
Professoriate.
NSF shall comply with both House direction to report on
current and potential future efforts to meet the needs of
Hispanic Serving Institutions (HSIs) through existing NSF
programs and Senate direction to consider the establishment
of an HSI-specific program similar to NSF's other broadening
participation programs.
Advancing Informal STEM Learning (AISL).--The agreement
includes $55,000,000 for AISL.
AGENCY OPERATIONS AND AWARD MANAGEMENT
This Act includes $298,000,000 for Agency Operations and
Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
This Act includes $4,300,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
This Act includes $14,200,000 for the OIG.
ADMINISTRATIVE PROVISION
This Act includes a provision that establishes terms and
conditions for the transfer of funds.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
This Act includes $9,000,000 for the Commission on Civil
Rights.
Oversight.--The fiscal year 2012 and 2013 appropriations
Acts provided for an inspector general (IG) for the
Commission, to be filled by the Inspector General of the
Government Accountability Office (GAO). This Act provides for
an orderly conclusion of the GAO IG's fulfillment of this
responsibility, including $70,000 for the completion of any
ongoing IG activities. House and Senate report language
directing a new GAO review of the Commission is adopted by
reference, but clarified to specify that the report on this
review shall be due no later than 180 days after enactment of
this Act. Senate language regarding additional elements of
the review, such as an examination of the organizational
structure of the Commission and any material differences
between the work of the Commission and other work done within
the Federal Government, is adopted by reference.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
This Act includes $364,000,000 for the Equal Employment
Opportunity Commission (EEOC). Up to $29,500,000 shall be for
payments to State and local enforcement agencies to ensure
that the EEOC provides adequate resources to its State and
local partners.
Reasonable factors other than age.--Section 538 of the
House bill regarding an EEOC rule on age discrimination is
not included. However, there is concern about this rule's
implementation with regard to public safety personnel. EEOC
shall provide a report to the Committees on Appropriations,
no later than 90 days after enactment of this Act, on the
steps it is taking to ensure application of this rule does
not have an adverse impact on the necessary employment
policies of public safety agencies.
International Trade Commission
SALARIES AND EXPENSES
This Act includes $83,000,000 for the International Trade
Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
This Act includes $365,000,000 for the Legal Services
Corporation (LSC).
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
Unauthorized uses of funds.--The Inspector General of the
LSC is encouraged to conduct annual audits of LSC grantees to
ensure that funds are not being used in contravention of the
restrictions on engaging in political activities or any of
the other restrictions by which LSC grantees are required to
abide. The removal of funds from any LSC grantee determined
by the Inspector General to have engaged in unauthorized
political activity is recommended.
Marine Mammal Commission
SALARIES AND EXPENSES
This Act includes $3,250,000 for the Marine Mammal
Commission.
[[Page H518]]
Office of the United States Trade Representative
SALARIES AND EXPENSES
This Act includes $52,601,000 for the Office of the U.S.
Trade Representative (USTR).
There has been an increase in Economy Act transfers of
funds from federal agencies to USTR, including transfers that
appear to reimburse USTR for carrying out activities that
fall solely under USTR's mission. USTR is directed to isolate
reimbursements for payments or travel expenditures as
individual transfers, and to submit documentation of and
justification for all Economy Act transfers, regardless of
amount, to and from other federal agencies, to the House and
Senate Committees on Appropriations not less than 15 days
before such transfers of sums are made.
The agreement also adopts and clarifies Senate report
language urging USTR to leverage the existing resources and
expertise of other Federal agencies, when appropriate, to
strengthen the U.S. negotiating position, including
consulting subject matter experts and utilizing available
information resources at relevant Federal agencies for the
purpose of supporting trade negotiating positions and saving
taxpayer dollars. However, the agreement does not support
solicitation of monetary resources from other Federal
agencies for the purpose of carrying out USTR's own mission.
State Justice Institute
SALARIES AND EXPENSES
This Act includes $4,900,000 for the State Justice
Institute.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
This Act includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts 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 existing
Executive Order issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this Act
and the application of other provisions shall not be
affected.
Section 505 prohibits 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 employee; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs, projects
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any existing
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. Language is included requiring the
Department of Justice to notify the Committees 45 days in
advance of any such reprogramming.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this Act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this Act shall be used to purchase items manufactured,
produced or assembled in the United States or its territories
or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations. Language in the front
matter of the House report concerning this provision is
adopted by reference.
Section 508 provides that 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 in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of
foreign restrictions on the marketing of tobacco products,
except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type. This provision
is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510 delays the obligations of any receipts
deposited into the Crime Victims Fund in excess of
$745,000,000 until the following fiscal year.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this Act to
any department, agency or instrumentality of the United
States Government, except for transfers made by, or pursuant
to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 514 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this Act.
Section 515 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 515 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 516 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 517 prohibits the use of funds in this Act to
require certain export licenses.
Section 518 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts or ammunition.
Section 519 prohibits the use of funds to include certain
language in trade agreements.
Section 520 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 521 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of at least 10 percent.
Section 522 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal
year 2014.
Section 523 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(RESCISSIONS)
Section 524 provides for rescissions of unobligated
balances.
Section 525 prohibits the use of funds in this Act for the
purchase of first class or premium air travel.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 527 prohibits the use of funds in this Act in a
manner that is inconsistent with the principal negotiating
objective of the United States with respect to trade remedy
laws.
Section 528 includes language regarding detainees held at
Guantanamo Bay.
Section 529 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 530 includes language regarding the purchase of
light bulbs.
Section 531 requires any department, agency or
instrumentality of the United States Government receiving
funds appropriated under this Act to track and report on
undisbursed balances in expired grant accounts.
Section 532 prohibits the use of funds by the National
Aeronautics and Space Administration or the Office of Science
and Technology Policy to engage in bilateral activities with
China or a Chinese-owned company or effectuate the hosting of
official Chinese visitors at certain facilities unless the
activities are authorized by subsequent legislation or NASA
or OSTP have made a certification pursuant to subsections (c)
and (d) of this section.
Section 533 prohibits funds made available by this Act from
being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on
the basis that the shotgun was not particularly suitable for
or readily adaptable to sporting purposes.
[[Page H519]]
Section 534 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 535 requires the Departments of Commerce and
Justice, the National Aeronautics and Space Administration
and the National Science Foundation to submit spending plans.
Section 536 prohibits funds made available by this Act from
being 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, 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.
Section 537 prohibits funds made available by this Act from
being 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,
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.
Section 538 of the House bill, regarding an EEOC rule on
age discrimination, is not included. Direction to EEOC on
this subject is provided under title IV of this statement.
Section 541 of the House bill, expressing the sense of the
Congress, is not included. Among agencies funded in this Act,
those that aim to help create prosperity and/or promote
economic development in distressed communities are urged to
work diligently and creatively toward advancing these goals.
In addition, these agencies are urged to continue improving
their metrics for measuring mission success, including the
relationship between agency resources and jobs created or
preserved.
Section 523 of the Senate bill, regarding Office of
Inspector General websites, is not included. The requirements
of this provision were enacted into permanent law in the
Inspector General Reform Act of 2008 (Public Law 110-409).
Section 539 of the Senate bill, regarding vehicle fleets,
is not included. Instead, all agencies and departments funded
under this Act shall submit to the Committees on
Appropriations, at the end of the fiscal year, a report
containing a complete inventory of the total number of
vehicles owned, 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.
[[Page H520]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.025
[[Page H521]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.026
[[Page H522]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.027
[[Page H523]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.028
[[Page H524]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.029
[[Page H525]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.030
[[Page H526]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.031
[[Page H527]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.032
[[Page H528]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.033
[[Page H529]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.034
[[Page H530]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.035
[[Page H531]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.036
[[Page H532]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.037
[[Page H533]]
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
The agreement on the Department of Defense Appropriations
Act, 2014, incorporates some of the provisions of both the
House-passed and the Senate-reported versions of the bill.
The language and allocations set forth in House Report 113-
113 and Senate Report 113-85 shall be complied with unless
specifically addressed to the contrary in the accompanying
bill and explanatory statement.
Definition of Program, Project, and Activity
The agreement delineates that, for the purposes of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended by the Balanced Budget and
Emergency Deficit Control Reaffirmation Act of 1987 (Public
Law 100-119) and by the Budget Enforcement Act of 1990
(Public Law 101-508), the terms ``program, project, and
activity'' for appropriations contained in this Act shall be
defined as the most specific level of budget items identified
in the Department of Defense Appropriations Act, 2014, the
related classified annexes and explanatory statements, and
the P-1 and R-1 budget justification documents as
subsequently modified by congressional action. The following
exception to the above definition shall apply: the military
personnel and the operation and maintenance accounts, for
which the term ``program, project, and activity'' is defined
as the appropriations accounts contained in the Department of
Defense Appropriations Act.
At the time the President submits the budget for fiscal
year 2015, the Secretary of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``O-1'' which shall
identify, at the budget activity, activity group, and sub-
activity group level, the amounts requested by the President
to be appropriated to the Department of Defense for military
personnel and operation and maintenance in any budget
request, or amended budget request, for fiscal year 2015.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
fiscal year 2008 Department of Defense Appropriations bill
(House Report 110-279). For operation and maintenance
accounts, the Secretary of Defense shall continue to follow
the reprogramming guidelines specified in the conference
report accompanying H.R. 3222, the Department of Defense
Appropriations Act, 2008. The dollar threshold for
reprogramming funds shall remain at $15,000,000 for operation
and maintenance; $20,000,000 for procurement; and $10,000,000
for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II
and quarterly, spreadsheet-based DD Form 1416 reports for
service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
an operation and maintenance (O-1), a procurement (P-1), or a
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the
application of prior approval reprogramming procedures for
congressional special interest items are established
elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
CIVILIAN FURLOUGHS
In fiscal year 2013, the Secretary of Defense furloughed
most Department of Defense civilian employees for up to six
days due to budgetary shortfalls caused primarily by
sequestration. There is concern that the negative impact on
productivity, morale, and readiness substantially outweighed
the savings generated from civilian furloughs. The Bipartisan
Budget Act (BBA) replaced sequester in fiscal years 2014 and
2015 with new spending limits and raised the budget limit for
National Defense (Function 050) spending above the
sequestration level. While the agreement does not include
provisions to prohibit the use of funds to furlough civilian
employees, it is assumed that the passage of the BBA and the
passage of this Act will eliminate entirely any need to
furlough civilian employees in fiscal year 2014.
MARINE CORPS EMBASSY SECURITY GROUP EXPANSION
The National Defense Authorization Act for fiscal year 2013
directed the Secretary of Defense to develop and implement a
plan to increase the number of Marines assigned to the Marine
Corps Embassy Security Group by up to 1,000 Marines. The
agreement provides full funding, based on the Marine Corps'
most recent projected fiscal year 2014 requirement, in the
military personnel, operation and maintenance, and
procurement accounts to support this plan. The Secretary of
Defense is directed to fully fund the expansion plan in the
fiscal year 2015 budget request and the Future Years Defense
Plan.
REVIEW OF MILITARY SERVICE ACADEMY SUPERINTENDENTS
The agreement includes a provision directing a review of
the role of a modern military service academy superintendent,
including the criteria for selecting and evaluating the
performance of a superintendent. The review shall be
conducted by the Under Secretary of Defense (Personnel and
Readiness) and shall examine the role of a superintendent;
the criteria for selecting a superintendent; the criteria for
evaluating the performance of a superintendent; the actions
necessary to ensure that the military is cultivating
effective superintendents; the role diversity plays in the
selection of a superintendent; the ability of superintendents
to adapt and respond to changes in the military; and the
extent to which the nature of the work of a superintendent is
changing, including what skills are needed to adapt to an
evolving leadership role.
In conducting the review, the Under Secretary of Defense
(Personnel and Readiness) should consult with a wide variety
of outside experts on this issue, including current and
former university presidents and former military service
academy superintendents. The Under Secretary of Defense
(Personnel and Readiness) is directed to submit the findings
of this review to the Secretary of Defense and the
congressional defense committees not later than 180 days
after the enactment of this Act.
PATRIOT MODERNIZATION
The fiscal year 2014 budget request includes $70,053,000 in
Research, Development, Test and Evaluation, Army and
$256,438,000 in Missile Procurement, Army for modifications
to the Patriot missile air defense system. While support for
modification and modernization of the aging Patriot system
continues, concerns persist regarding the Army's acquisition
and funding strategies for this program.
First, while the Army has updated its decades-old
requirements document, the new requirements document lacks
details of the specific technologies required, the
development and fielding schedules, and the costs of the
overall effort. Further, the current modernization spiral is
budgeted at close to $2,000,000,000 over the next five years,
with an additional $800,000,000 required thereafter. The
scope and cost of additional spirals are still to be
determined, but the current spiral's costs are significant,
and when combined with the costs of future spirals, the total
modernization program will likely breach thresholds for what
ordinarily would be an Acquisition Category I program.
Therefore, there is concern that the Army plans to sole-
source most of its modification program and bypass full and
open competition, a practice that has historically resulted
in reduced costs. Finally, it is noted that contrary to
previously stated intentions from Army leaders, the Army does
not have a funded plan to harvest technologies developed from
Army programs previously terminated for use in the
Patriot Modernization program, such as the Surface
Launched Advanced Medium Range Air to Air Missile, the
Joint Land Attack Cruise Missile Defense Elevated Netted
Sensor System, and the Medium Extended Air Defense System.
These acquisition programs were terminated after a
combined investment of approximately $6,000,000,000.
Recognizing the urgent need to address current capability
gaps, the agreement recommends $361,491,000 for modifications
to the Patriot system. It is directed that not more than 50
percent of research and development funds for Patriot
modification or modernization may be obligated until 30 days
after the Secretary of the Army, in conjunction with the
Under Secretary of Defense (Acquisition, Technology, and
Logistics), provides to the congressional defense committees
a plan that establishes an open system software architecture
for future upgrades and technology refresh to the Patriot
system in the near-term. Further, the Secretary of the Army,
in conjunction with the Under Secretary of Defense
(Acquisition, Technology and Logistics), is directed to
provide an acquisition and funding strategy that incorporates
full and open competition for Patriot modernization in the
near-, mid-, and long-term with the fiscal year 2015 budget
submission.
SHIP MODERNIZATION, OPERATIONS AND SUSTAINMENT FUND
In the fiscal year 2014 budget submission, the Navy again
proposes to prematurely retire seven Ticonderoga class guided
missile
[[Page H534]]
cruisers and two amphibious dock landing ships that have a
combined remaining service life of over 100 years. It is
noted that this proposal was rejected by Congress in the
National Defense Authorization Act for fiscal year 2014, as
well as in Public Law 112-239, the National Defense
Authorization Act for fiscal year 2013, and in Division C of
Public Law 113-6, the Consolidated and Further Continuing
Appropriations Act, 2013, and that Congress previously
appropriated considerable funds to man, operate, sustain, and
modernize these ships. As previously expressed in Senate
Reports 113-85 and 112-196, and in House Reports 113-113 and
112-493, the House and Senate Appropriations Committees are
concerned with this proposed elimination of force structure
and believe this change is disconnected from the strategic
shift to the Asia-Pacific region. Additionally, this force
structure change would likely create future unaffordable
shipbuilding requirements and exacerbate force structure
shortfalls that negatively impact the Department's ability to
meet Combatant Command requirements.
It is noted that some key assumptions that led the Navy to
propose prematurely retiring these ships have changed. This
includes the material condition of at least one ship being
superior to what the Navy had assumed, as well as the scope
and cost of modernization efforts required for these
platforms to maintain their operational relevance for the
balance of their service lives. It is believed that further
adjustments to projected modernization efforts could be made,
resulting in cost savings while retaining valuable
operational capability in the near-term. Therefore, these
proposed premature retirements are again denied, and the
agreement directs the Secretary of the Navy to retain this
force structure in its entirety. The agreement provides
$2,244,400,000 to man, operate, sustain, upgrade, and
modernize only CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-
73, LSD-41 and LSD-46 in the Ship Modernization, Operations
and Sustainment Fund, as specified by Section 8107 of this
Act. Recognizing the time required to plan and execute
shipyard availabilities and modernization periods, these
funds are made available until September 30, 2021.
However, upgrades to these ships have been delayed for too
long, and therefore the Secretary of the Navy is directed to
upgrade at least one of the above listed Ticonderoga class
cruisers starting in fiscal year 2014. Further, the Secretary
of the Navy is directed to provide to the congressional
defense committees, not later than 30 days after enactment of
this Act, and every 90 days thereafter, a written report,
unclassified to the greatest extent possible and with a
classified annex if required, detailing for each of the nine
ships listed above its readiness, operational and manning
status, planning efforts for modernization, deployment
schedules, as well as scheduled shipyard induction periods
dating back to fiscal year 2012 and going forward for each
fiscal year until 2021. The agreement provides the fiscal
relief required by the Navy to maintain this critical force
structure and allows the Navy sufficient time to budget for
this force structure in future budget submissions. Therefore,
no funds provided in this Act shall be used to prepare a
budget submission to retire the above-listed ships.
NATIONAL SECURITY AGENCY
The Director of the National Security Agency (NSA) is
directed to provide the following to the congressional
intelligence committees, the Senate Committee on the
Judiciary, and the House Committee on the Judiciary, not
later than 90 days after the enactment of this Act:
(1) A report, unclassified to the greatest extent possible,
which sets forth for the last five years, on an annual basis,
the number of records acquired by the NSA as part of the bulk
telephone metadata program authorized by the Foreign
Intelligence Surveillance Court, pursuant to section 215 of
the USA PATRIOT Act, and the number of such records that have
been reviewed by NSA personnel in response to a query of such
records. Additionally, this report shall provide, to the
greatest extent possible, an estimate of the number of
records of United States citizens that have been acquired by
NSA as part of the bulk telephone metadata program and the
number of such records that have been reviewed by NSA
personnel in response to a query.
(2) A report, unclassified to the greatest extent possible
and with a classified annex if necessary, describing all NSA
bulk collection activities, including when such activities
began, the cost of such activities, the types of records that
have been collected in the past, the types of records that
are currently being collected, and any plans for future bulk
collection.
(3) A report, unclassified to the greatest extent possible
and with a classified annex if necessary, listing terrorist
activities that were disrupted, in whole or in part, with the
aid of information obtained through NSA's telephone metadata
program and whether this information could have been promptly
obtained by other means.
GLOBAL HAWK BLOCK 30
The agreement supports the continuation of the Global Hawk
Block 30 mission. The Secretary of the Air Force is directed
to fully comply with current law, including Section 8118 of
this Act prohibiting the retirement, divestment, realignment,
or transfer of Global Hawk Block 30 aircraft and requiring
the Air Force to maintain the operational capability of each
such aircraft.
The agreement includes $10,000,000 in Research,
Development, Test and Evaluation, Air Force for the Air Force
to conduct a study on the potential adaptation of U-2 sensors
to the Global Hawk Block 30 airframe for flight test and
demonstration. This study shall consider the technical
aspects of each feasible method of adapting U-2 sensors (with
particular focus on the SYERS-2 electro-optical/infrared
sensor) to the Global Hawk Block 30 airframe and provide an
estimated cost and schedule for each such method; assess the
availability of SYERS-2 sensors to support a demonstration on
the Block 30 platform and the availability of alternative
sensors of comparable capability; and compare the concept of
operations for using such sensors on the U-2 and Global Hawk
with attention to how differences in flight performance would
affect sensor performance. The Secretary of the Air Force is
directed to report to the congressional defense committees on
the results of this study not later than 180 days after the
enactment of this Act. This report may be submitted in
classified form if necessary.
C-130 AVIONICS MODERNIZATION PROGRAM
The agreement includes $47,300,000 in Research,
Development, Test and Evaluation, Air Force to continue the
C-130 avionics modernization program (AMP). The agreement
supports the competitive procurement of AMP kits if the
program proceeds to production. The agreement retains
$14,200,000 requested under Aircraft Procurement, Air Force
for C-130 communication, navigation, and surveillance/air
traffic management requirements, subject to the conditions
set forth in the National Defense Authorization Act for
fiscal year 2014.
FIRE AND BUILDING SAFETY ACCORD
The Marine Corps is commended for adopting a requirement to
abide by the Accord for Fire and Building Safety in
Bangladesh, and the rest of the Armed Forces are strongly
encouraged to adopt this standard. In order to better
understand the magnitude of business that the Department
conducts with businesses that are not signatories or in
compliance with the Accord, the Secretary of Defense is
directed to provide quarterly reports to the congressional
defense committees that specify whether any garments
purchased by the military exchange system are manufactured in
Bangladesh from suppliers that are not signatories or in
compliance with the Accord.
TITLE I--MILITARY PERSONNEL
The agreement provides $128,796,287,000 in Title I,
Military Personnel. The agreement on items addressed by
either the House or the Senate is as follows:
[[Page H535]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.038
[[Page H536]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.039
[[Page H537]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.040
[[Page H538]]
MILITARY RECRUITMENT AND ENLISTMENT OF
GRADUATES OF SECONDARY SCHOOLS
The National Defense Authorization Act for fiscal year 2014
requires the Secretary of Defense to implement a means for
ensuring that graduates of a secondary school, including
graduates who receive diplomas from secondary schools that
are legally operating or who otherwise complete a program of
secondary education in compliance with state law, are
required to meet the same standard of any test, assessment,
or screening tool used to identify persons for recruitment
and enlistment in the armed forces. The recommendation
supports this provision, and the Secretary is encouraged to
ensure its timely implementation.
DEPARTMENT OF DEFENSE GUIDANCE FOR THE APPOINTMENT OF CHAPLAINS
The agreement supports the Department of Defense Guidance
for the Appointment of Chaplains for the Military Departments
as currently written upon enactment of this Act. This
Guidance requires all applicants to fulfill the requirements
to become a chaplain, which includes endorsement by a
religious organization that completes and maintains all
administrative requirements as laid out by the Guidance.
HAZING IN THE ARMED FORCES
The agreement reiterates the concerns expressed in the
report accompanying the House-passed Fiscal Year 2014
Department of Defense Appropriations bill (H.R. 113-113) on
hazing in the military. The act of hazing is inconsistent
with the values of the military and undermines the cohesion
and discipline of a unit. The Secretary of Defense is
reminded that a report providing data on the rates of
incidence of hazing was directed by the Consolidated and
Further Continuing Appropriations Act, 2013. This report is
overdue, and the Secretary of Defense is directed to provide
this report, which should include a review of ways to prevent
and respond to incidents, without further delay.
MILITARY PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H539]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.041
[[Page H540]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.042
[[Page H541]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.043
[[Page H542]]
MILITARY PERSONNEL, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H543]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.044
[[Page H544]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.045
[[Page H545]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.046
[[Page H546]]
MILITARY PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H547]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.047
[[Page H548]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.048
[[Page H549]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.049
[[Page H550]]
MILITARY PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H551]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.050
[[Page H552]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.051
[[Page H553]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.052
[[Page H554]]
RESERVE PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H555]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.053
[[Page H556]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.054
[[Page H557]]
RESERVE PERSONNEL, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H558]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.055
[[Page H559]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.056
[[Page H560]]
RESERVE PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H561]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.057
[[Page H562]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.058
[[Page H563]]
RESERVE PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H564]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.059
[[Page H565]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.060
[[Page H566]]
NATIONAL GUARD PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H567]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.061
[[Page H568]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.062
[[Page H569]]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H570]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.063
[[Page H571]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.064
[[Page H572]]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $159,869,726,000 in Title II,
Operation and Maintenance. The agreement on items addressed
by either the House or the Senate is as follows:
[[Page H573]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.065
[[Page H574]]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2014
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Appropriations Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense should follow prior approval
reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget sub-activities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities Sustainment, Restoration, and Modernization
Navy:
Aircraft depot maintenance
Ship depot maintenance
Facilities Sustainment, Restoration, and Modernization
Marine Corps:
Depot maintenance
Facilities Sustainment, Restoration, and Modernization
Air Force:
Primary combat forces
Combat enhancement forces
Combat communications
Facilities Sustainment, Restoration, and Modernization
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
Additionally, the Secretary of Defense should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget sub-activity:
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
During fiscal year 2014, the Secretary of the Air Force is
required to submit written notification and justification to
the congressional defense committees not later than 30 days
prior to implementing transfers in excess of $15,000,000 out
of the following budget sub-activities:
Operating forces depot maintenance
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
These transfers may be implemented 30 days after
congressional notification unless an objection is received
from a congressional defense committee.
Finally, with respect to Operation and Maintenance,
Defense-Wide, proposed transfers of funds to or from the
levels specified for defense agencies in excess of
$15,000,000 shall be subject to prior approval reprogramming
procedures, unless otherwise specified in this explanatory
statement.
JUNIOR RESERVE OFFICER TRAINING CORPS
The agreement designates th funding requested and
appropriated for the Junior Reserve Officer Training Corps as
a special interest item in fiscal year 2014. As such, funds
are to be so designated on the DD Form 1414 (Base for
Reprogramming), and any transfer of funds from this program
will require a prior approval reprogramming action.
TUITION ASSISTANCE
The agreement designates the funding requested and
appropriated for the Tuition Assistance program as a special
interest item in fiscal year 2014. As such, funds are to be
so designated on the DD Form 1414 (Base for Reprogramming),
and any transfer of funds from this program will require a
prior approval reprogramming action.
The agreement does not include the funding floor for
tuition assistance as directed in House report 113-113.
However, in order to maintain visibility of this funding, the
Secretary of Defense is directed to include the prior year
actual, current year estimate, and budget year request for
tuition assistance in the performance criteria for the budget
line item in which it is requested.
SEXUAL ASSAULT IN THE MILITARY
Sexual assault remains a pervasive problem in the military.
While the military must do more to stop assaults from
occurring in the first place, it must also ensure that when
they do occur, assaults are investigated properly so cases
may be effectively prosecuted and perpetrators held fully
accountable. A 2013 Department of Defense Inspector General
report evaluating the Military Criminal Investigative
Organizations' sexual assault investigations found that while
89 percent of investigations completed in 2010 met or
exceeded investigative standards, 11 percent of cases had
significant deficiencies. The agreement directs the Secretary
of Defense and the Service Secretaries to fully implement the
recommendations of the Inspector General Report DODIG-2013-
091, dated July 9, 2013. From the funds provided, the
agreement directs the Service Secretaries to fully fund
programs to train investigators on how to properly
investigate sexual assault-related offenses as directed by
the Inspector General report.
There are also concerns of reports in which mental health
diagnoses were misused to administratively discharge or
retaliate against victims of sexual assault. Victims of
sexual assault should not be punished for reporting crimes
committed against them. The Secretary of Defense is directed
to review separation records of servicemembers who made an
unrestricted report of sexual assault and to correct records
of service in those cases in which the victims were
improperly discharged.
The agreement also retains a provision contained in the
House and Senate bills to provide an additional $25,000,000
for the Department of Defense and made available for transfer
to the Army, Navy, Marine Corps, and Air Force for the
expansion of a Special Victims' Counsel program to every
military Service, including the National Guard and reserve
components, as authorized by the section 1716 of the National
Defense Authorization Act for fiscal year 2014.
MILITARY INFORMATION SUPPORT OPERATIONS
The agreement includes an allocation of funds by combatant
command and funding levels for certain programs as delineated
in the classified annex. The agreement reiterates direction
included in House report 113-113 designating amounts as
congressional special interest items subject to sections
8005, 8006, and 9002 of this Act and the requirement for
submission of a report detailing the execution of funding
provided for these programs. Further direction regarding
certain matters is contained in the classified annex.
VOLUNTARY MILITARY EDUCATION PROGRAMS--ADVERTISING AND MARKETING
The agreement underscores the importance of Department of
Defense oversight to prevent abusive advertising and
aggressive recruitment practices by higher education
institutions that accept Tuition Assistance and My Career
Advancement Account education benefits from the Department.
The Department's Memorandum of Understanding [MOU] effective
December 6, 2012, requires institutions participating with
the Department to adopt policies in section 3g, 3h, and 3i of
the MOU as ``part of efforts to eliminate aggressive
marketing aimed at Service members.'' The Secretary of
Defense is directed to submit a report documenting its
oversight, evaluation and enforcement of these provisions,
along with institutional data on advertising and marketing
budgets. The report shall be submitted not later than June 1,
2014, and shall include the number of participating
institutions investigated for potential violations of section
3g, section 3h, or section 3i of the MOU and the results of
those investigations; an assessment on the effectiveness of
the provision in eliminating aggressive marketing targeting
servicemembers or their spouses; a detailed description of
the procedures and guidelines for conducting oversight of
these provisions; and a voluntary accounting of the ten
participating institutions who have received the most Tuition
Assistance program funds in fiscal year 2013. The accounting
shall establish the institution's total dollar value of its
marketing, advertising and recruitment budget, and the
percentage of that budget targeting servicemembers, including
resources dedicated to advertising in military publications,
billboards near bases, and internet lead generation efforts.
ENERGY INDEPENDENCE AND SECURITY ACT
The agreement does not include a provision proposed by the
House on the Energy Independence and Security Act of 2007. It
is noted that the enforcement of section 526 of the Energy
Independence and Security Act of 2007 may lead to higher fuel
costs for federal fleets in the absence of competitively
priced new generation fuels that emit fewer emissions. In
carrying out this statute, the Secretary of Defense and the
Service Secretaries should work to ensure that costs
associated with fuel purchases necessary to carry out the
missions of their respective departments and agencies should
be minimized to the greatest extent possible under the law.
MAINTENANCE OF REAL PROPERTY
The agreement directs that none of the funds made available
by this Act may be used to maintain or improve Department of
Defense real property with a zero percent utilization rate
according to the Department's real property inventory
database, except in the case of maintenance of an historic
property as required by the National Historic Preservation
Act (16 U.S.C. 470 et seq.) or maintenance to prevent a
negative environmental impact as required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
OPERATION AND MAINTENANCE, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H575]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.066
[[Page H576]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.067
[[Page H577]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.068
[[Page H578]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.069
[[Page H579]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.070
[[Page H580]]
OPERATION AND MAINTENANCE, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H581]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.071
[[Page H582]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.072
[[Page H583]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.073
[[Page H584]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.074
[[Page H585]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.075
[[Page H586]]
JOHN C. STENNIS CENTER FOR PUBLIC POLICY
The Secretary of the Navy shall continue to fund the John
C. Stennis Center for Public Service as noted in the
Operation and Maintenance, Navy project level table. The
transfer of these funds is provided in accordance with 2
U.S.C. 1105-1108.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H587]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.076
[[Page H588]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.077
[[Page H589]]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H590]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.078
[[Page H591]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.079
[[Page H592]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.080
[[Page H593]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.081
[[Page H594]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.082
[[Page H595]]
CYBER COMMAND FUNDING
Funding for the United States Cyber Command, a subordinate
unified command under the United States Strategic Command,
currently is not discretely visible in the Air Force's budget
justification material. With the increased emphasis on cyber
activities and related resourcing, the Secretary of the Air
Force is directed to separately report and separately justify
funds not later than the submission of the fiscal year 2016
budget justification material to support Cyber Command in
sub-activity Group 015A, ``Combatant Commands Direct Mission
Support'' and in sub-activity Group 015B, ``Combatant Command
Core Operations''.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H596]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.083
[[Page H597]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.084
[[Page H598]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.085
[[Page H599]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.086
[[Page H600]]
global security contingency fund
The agreement includes $30,000,000 for the Global Security
Contingency Fund and maintains the current authorization
amount of $200,000,000 from within the Operations and
Maintenance, Defense-Wide account.
The request for an appropriation in this account is
precedent setting and was included in the fiscal year 2014
request for the first time. The reduction to this request for
a direct appropriation is taken without prejudice to the fund
and maintains the requested authorization ceiling.
meals ready to eat
The Defense Logistics Agency is commended for initiating
action to study the Meals Ready to Eat (MRE) War Reserve and
industrial base, and the Director is to be applauded for the
decision to maintain stockage levels at five million cases
through at least fiscal year 2015. In order to meet this
objective, and at the same time ensure the industrial base is
able to meet surge requirements, the Director is encouraged
to establish an annual minimum rate of 2.5 million cases as
part of the current five year industry contract. The Director
of the Defense Logistics Agency shall provide the
congressional defense committees written notification 30 days
prior to making reductions to the War Reserve after September
30, 2014.
stem education and starbase
The agreement finds that consolidation of Science,
Technology, Engineering, and Mathematics (STEM) education and
significant changes to the STARBASE program are not advisable
at this time. STARBASE provides a unique low-cost leveraging
of community and military resources that another federal
agency will not be able to duplicate. The benefits of
cooperative community and military relationships stimulate
the long-term interest of youth in STEM careers. The
recommendation therefore provides $25,000,000 to continue the
Department of Defense STARBASE program in fiscal year 2014.
The agreement encourages the Secretary of Defense to continue
the STARBASE program through fiscal year 2015.
special operations command direction
The agreement reiterates the direction included in House
report 113-113 regarding the Special Operations Command
National Capital Region.
The agreement transfers $17,000,000 in funding to the
Defense Health Program and directs the Service Surgeons
General to work with the Commander, Special Operations
Command to implement an embedded behavioral health program
for special operations units during fiscal year 2014 that is
consistent with Service programs.
special operations command budget justifications
The agreement directs that budget activities be established
for the Special Operations Command operation and maintenance
budget in fiscal year 2015. Additionally, the Commander,
Special Operations Command, is directed to submit an OP-5
Operation and Maintenance Detail exhibit and OP-32 Summary of
Price and Program Changes exhibit for each budget sub-
activity. Finally, the agreement directs that normal prior
approval reprogramming procedures be used to transfer funds
between budget activities in excess of $15,000,000. The
following table assigns the budget activity and budget sub-
activity structure:
Budget Activity 1 includes sub-activities:
Combat development activities
Flight operations
Other operations
Ship/boat operations
Base support
Communications
Force related training
Intelligence
Maintenance
Management/operational headquarters
Operational support
Budget Activity 3 includes sub-activities:
Professional development
Specialized skill training
Budget Activity 4 includes sub-activity:
Acquisition/program management
The House and Senate Appropriations Committees look forward
to working with the Under Secretary of Defense (Comptroller)
and the Commander, Special Operations Command, to improve
budget justification materials. This structure shall be the
starting point and may be revised in future years based on
mutually agreed upon recommendations.
trans-regional web initiative
The agreement provides $2,000,000 for the Trans-Regional
Web Initiative in fiscal year 2014. The Commander, Special
Operations Command is directed to continue expenditure of
fiscal year 2013 funds for this program and transition this
effort to the Geographic Combatant Commands or other agencies
of the United States Government, as appropriate, starting in
fiscal year 2014.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H601]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.087
[[Page H602]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.088
[[Page H603]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H604]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.089
[[Page H605]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.090
[[Page H606]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H607]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.091
[[Page H608]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.092
[[Page H609]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H610]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.093
[[Page H611]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.094
[[Page H612]]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H613]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.095
[[Page H614]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.096
[[Page H615]]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H616]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.097
[[Page H617]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.098
[[Page H618]]
CONTRACTOR LOGISTICS SUPPORT FOR DEPOT MAINTENANCE
The Consolidated and Further Continuing Appropriations Act,
2013 consolidated all depot maintenance funding contained in
the Air Force Reserve and Air National Guard budget requests
in the respective Depot Maintenance sub-activity Groups
(SAGs) and directed the Secretary of the Air Force to display
all depot maintenance funds requested in the fiscal year 2014
budget request in the Depot Maintenance SAG. While the Air
National Guard fiscal year 2014 budget request displayed all
depot maintenance funds requested in the Depot Maintenance
SAG, it failed to capture costs and quantities for weapons
systems that rely on Contractor Logistics Support (CLS) for
Depot Maintenance. This severely limits both visibility of
funding for this program and the ability to conduct oversight
of a program which is critical to military readiness. While
funding is not reduced due to unjustified cost increases for
CLS, concerns remain that the Air National Guard is unable to
properly justify requested increases in CLS funding for Depot
Maintenance or to differentiate between flight line
activities, for which funding should be requested in the
Aircraft Operations and Mission Support SAGs in the budget
request, and depot maintenance activities, for which funding
should be requested in the Depot Maintenance SAG.
The Secretary of the Air Force is directed to continue to
display all depot maintenance funds (and only depot
maintenance funds) requested in fiscal year 2015 in the Depot
Maintenance SAG. Funds which support flight line spares and/
or repairs shall be displayed in the budget request in the
appropriate SAG. The agreement further directs the Secretary
to fully display costs and quantities for weapons systems
that rely on CLS for Depot Maintenance in the budget request
to provide full visibility of depot maintenance funding and
enable effective management and oversight of this critical
program.
UNITED STATES COURT OF APPEALS FOR THE ARMED SERVICES
The agreement provides $13,606,000 for the United States
Court of Appeals for the Armed Services.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $298,815,000 for Environmental
Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $316,103,000 for Environmental
Restoration, Navy.
VIEQUES ISLAND ENVIRONMENTAL RESTORATION
The Navy is conducting environmental restoration at sites
on Vieques Island associated with former Navy activities. The
agreement recognizes that the Navy is working with the Puerto
Rico Environmental Quality Board, the United States
Environmental Protection Agency, and the Fish and Wildlife
Service to select by consensus a final remedy for those
sites. There remains concern regarding the current pace of
cleanup action, and the Secretary of the Navy is encouraged
to accelerate cleanup efforts once a consensus is achieved.
The agreement reiterates direction included in House Report
113-113 that the Secretary of the Navy shall inform the
congressional defense committees on the progress of site
cleanup. Additionally, the Secretary of the Army shall inform
the congressional defense committees on cleanup measures
occurring on the island of Culebra, Puerto Rico.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $439,820,000 for Environmental
Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $10,757,000 for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $287,443,000 for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $109,500,000 for Overseas
Humanitarian, Disaster, and Civic Aid.
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $500,455,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2014 Request Final Bill
----------------------------------------------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION PROGRAM
Strategic offensive arms elimination...................... 10,000 5,700
Chemical weapons destruction.............................. 21,250 13,000
Cooperative biological engagement......................... 306,325 306,325
Threat reduction engagement............................... 2,375 6,375
Other assessments/admin costs............................. 28,175 28,175
Global nuclear security................................... 86,508 32,808
Proliferation prevention.................................. 73,822 136,072
Forward financed from previous years...................... ....................... -28,000
Total, cooperative threat reduction program........... 528,455 500,455
----------------------------------------------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION PROGRAM
The Department of Defense Cooperative Threat Reduction
(CTR) program has proven highly successful in its efforts to
secure and dismantle weapons of mass destruction and their
associated infrastructure in the former Soviet Union and
former Soviet bloc countries. On June 17, 2013, the Russian
Federation chose not to renew the umbrella agreement with the
United States. Therefore, the fiscal year 2014 program has
changed substantially from the fiscal year 2014 budget
request.
For many years, the CTR program has been unable to obligate
funding in a timely manner. Furthermore, the program has
significant flexibility which impedes oversight. For example,
in fiscal year 2013, the program realigned 25 percent of its
budget across different sub-accounts after enactment. This
flexibility allows for dynamic changes in spending. The
Congress has had little opportunity to practice due diligence
in its oversight role due to the late receipt of funding
changes. Section 1302 of the National Defense Authorization
Act (NDAA) for fiscal year 2014 directs that no fiscal year
2014 Cooperative Threat Reduction funds may be obligated or
expended for a purpose other than appropriated without
submitting a report. In addition to the NDAA requirements,
the agreement directs that the report include additional
justification regarding risks associated with the funding
sources, cumulative accounting of changes, and the impact for
each funding realignment.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
The agreement provides $51,031,000 for the Department of
Defense Acquisition Workforce Development Fund.
TITLE III--PROCUREMENT
The agreement provides $92,861,300,000 in Title III,
Procurement. The agreement on items addressed by either the
House or the Senate is as follows:
[[Page H619]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.099
[[Page H620]]
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the fiscal year 2008
Department of Defense Appropriations bill (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
ARSENAL SUSTAINMENT INITIATIVE
The agreement supports the ongoing efforts of the
Department of the Army to develop the Army Organic Industrial
Base Strategy. This process is identifying manufacturing
capabilities at the arsenals that are critical for this
country to sustain in wartime and peacetime. However, there
is concern that while the Army Organic Industrial Base
Strategy identified needed capabilities, the Army will not
fund these capabilities at a level adequate to maintain them.
To address these concerns, the agreement provides
$150,000,000 to the Army Defense Working Capital Fund for the
Industrial Mobilization Capacity Account to address the issue
of non-competitive rates at the arsenals to better allow them
to compete for public/private partnerships and other business
to help sustain capacity, 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. Additionally, the Secretary of the Army is
directed to release the Army Organic Industrial Base Strategy
Report not later than 30 days after the enactment of this
Act. Further, the Secretary of the Army is directed to assign
the arsenals sufficient workload to maintain the critical
capabilities identified in the Army Organic Industrial Base
Strategy Report, and to brief the congressional defense
committees not later than 90 days after the enactment of this
Act to ensure sufficient workload for the efficient operation
(also known as the ``blue line level'') of the arsenals. This
is also addressed in Section 8141 of this Act.
AIRCRAFT PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H621]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.100
[[Page H622]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.101
[[Page H623]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.102
[[Page H624]]
MISSILE PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H625]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.103
[[Page H626]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.104
[[Page H627]]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H628]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.105
[[Page H629]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.106
[[Page H630]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.107
[[Page H631]]
PALADIN INTEGRATED MANAGEMENT
The Secretary of the Army is expected to allocate up to
$18,500,000 of funds available in fiscal year 2014 for
Paladin Integrated Management (PIM) to support advance
purchases of V903 engines. It is understood that advance
purchases are necessary to maintain the industrial base
capability for this engine which will be used in Paladin PIM
vehicles.
PROCUREMENT OF AMMUNITION, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H632]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.108
[[Page H633]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.109
[[Page H634]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.110
[[Page H635]]
OTHER PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H636]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.111
[[Page H637]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.112
[[Page H638]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.113
[[Page H639]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.114
[[Page H640]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.115
[[Page H641]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.116
[[Page H642]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.117
[[Page H643]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.118
[[Page H644]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.119
[[Page H645]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.120
[[Page H646]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.121
[[Page H647]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.122
[[Page H648]]
AIRCRAFT PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H649]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.123
[[Page H650]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.124
[[Page H651]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.125
[[Page H652]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.126
[[Page H653]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.127
[[Page H654]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.128
[[Page H655]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.129
[[Page H656]]
WEAPONS PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H657]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.130
[[Page H658]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.131
[[Page H659]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.132
[[Page H660]]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H661]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.133
[[Page H662]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.134
[[Page H663]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.135
[[Page H664]]
SHIPBUILDING AND CONVERSION, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H665]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.136
[[Page H666]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.137
[[Page H667]]
OTHER PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H668]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.138
[[Page H669]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.139
[[Page H670]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.140
[[Page H671]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.141
[[Page H672]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.142
[[Page H673]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.143
[[Page H674]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.144
[[Page H675]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.145
[[Page H676]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.146
[[Page H677]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.147
[[Page H678]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.148
[[Page H679]]
DESTROYER MODERNIZATION
The agreement fully funds the budget request for destroyer
modernization and expects the Navy to continue with its
original strategy of working through the inventory of oldest
ships in its modernization efforts. There is concern that the
Navy will attempt a premature retirement of capable Arleigh
Burke class guided missile destroyers as is being proposed
for Ticonderoga class guided missile cruisers. Therefore, the
Secretary of the Navy is directed to prioritize the
modernization of older, Flight I and II Arleigh Burke class
ships over newer Flight IIA ships, dependent on ship
availability, in order to ensure the operational readiness of
the older ships throughout their projected service lives.
PROCUREMENT, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H680]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.149
[[Page H681]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.150
[[Page H682]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.151
[[Page H683]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.152
[[Page H684]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.153
[[Page H685]]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H686]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.154
[[Page H687]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.155
[[Page H688]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.156
[[Page H689]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.157
[[Page H690]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.158
[[Page H691]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.159
[[Page H692]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.160
[[Page H693]]
MQ-9 REAPER
The agreement provides $349,217,000 for the procurement of
20 MQ-9 aircraft, an increase of eight aircraft above the
request. The Secretary of the Air Force is directed to
procure no fewer than the full number of MQ-9 aircraft
appropriated in this Act as a single production lot.
MISSILE PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H694]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.161
[[Page H695]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.162
[[Page H696]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.163
[[Page H697]]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H698]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.164
[[Page H699]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.165
[[Page H700]]
OTHER PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H701]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.166
[[Page H702]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.167
[[Page H703]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.168
[[Page H704]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.169
[[Page H705]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.170
[[Page H706]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.171
[[Page H707]]
MQ-1/9 REMOTE SPLIT OPERATIONS
The agreement provides an additional $40,000,000 to procure
equipment necessary for the transition of six Air National
Guard squadrons to MQ-1/9 remote split operations by fiscal
year 2020. The Secretary of the Air Force is directed to
submit an execution plan for these and all other funds made
available for this purpose not later than 90 days after the
enactment of this Act, to include detailed plans for funding,
training, manning, and equipping all six Air National Guard
squadrons. Additionally, the Secretary is directed to begin
training for all six squadrons not later than fiscal year
2014 as previously indicated by the Air Force and to include
any additional funding necessary to equip these squadrons in
the fiscal year 2015 budget request.
PROCUREMENT, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H708]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.172
[[Page H709]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.173
[[Page H710]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.174
[[Page H711]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.175
[[Page H712]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.176
[[Page H713]]
DEFENSE PRODUCTION ACT PURCHASES
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
FY 2014
Request Final Bill
------------------------------------------------------------------------
Next Generation STAR Tracker System........... 4,180 4,180
Read Out Integrated Circuit Foundry 2,200 2,200
Improvement And Sustainability...............
Space Qualified Solar Cell Supply Chain....... 920 920
Critical Space Industrial Base Investment..... 7,200 7,200
Advanced Structural Materials................. 5,209 5,209
Electronic Materials and Device Production.... 5,426 5,426
Program Increase.............................. ........... 35,000
TOTAL, DEFENSE PRODUCTION ACT............. 25,135 60,135
------------------------------------------------------------------------
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $62,994,741,000 in Title IV,
Research, Development, Test and Evaluation. The agreement on
items addressed by either the House or the Senate is as
follows:
[[Page H714]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.177
[[Page H715]]
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance specified in the report
accompanying the House version of the fiscal year 2008
Department of Defense Appropriations bill (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
JOINT STRIKE FIGHTER FOLLOW-ON DEVELOPMENT
The agreement finds that a formal capability development
document for Block 4, defining the next increment of
warfighting capability to be integrated into the F-35
platform, must be approved before any funding may be used to
begin Block 4 development. The agreement provides $6,000,000
only to perform the work necessary to produce, staff, and
gain approval of a Block 4 capability development document.
COMMON DATA LINK
The agreement strongly supports increased competition for
Common Data Link (CDL) devices, which are vital for securely
conveying intelligence, surveillance, and reconnaissance
information in the field. Accordingly, the agreement directs
that no funds be obligated or expended for CDL solicitations
unless they are compliant with Section 157 of the National
Defense Authorization Act for fiscal year 2013. Recognizing
that efforts are underway to increase competition and
eliminate reliance on proprietary solutions for CDL, the
agreement directs the Under Secretary of Defense
(Acquisition, Technology, and Logistics) to submit a report
updating the congressional defense committees on these
efforts not later than 60 days following the enactment of
this Act.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H716]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.178
[[Page H717]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.179
[[Page H718]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.180
[[Page H719]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.181
[[Page H720]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.182
[[Page H721]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.183
[[Page H722]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.184
[[Page H723]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.185
[[Page H724]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.186
[[Page H725]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.187
[[Page H726]]
USER INTERFACES TO IMPROVE WARFIGHTER PERFORMANCE
The Army is performing research and conducting exercises
aimed at closing the gap between the difficulty in operating
traditional military equipment and the ease of operating
modern handheld devices. The Secretary of the Army is
encouraged to accelerate these ongoing technology development
efforts and update equipment user interfaces to improve
warfighter performance.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H727]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.188
[[Page H728]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.189
[[Page H729]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.190
[[Page H730]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.191
[[Page H731]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.192
[[Page H732]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.193
[[Page H733]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.194
[[Page H734]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.195
[[Page H735]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.196
[[Page H736]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.197
[[Page H737]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.198
[[Page H738]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.199
[[Page H739]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.200
[[Page H740]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.201
[[Page H741]]
BONE MARROW REGISTRY
The agreement provides $31,500,000 for the Department of
the Navy to be administered by the Bone Marrow Registry, also
known as and referred to within the Naval Medical Research
Center as the C.W. Bill Young Marrow Donor Recruitment and
Research Program. Funds appropriated for the Bone Marrow
Registry shall remain available only for the purposes for
which they are appropriated and may only be obligated for the
Bone Marrow Registry. This Department of Defense donor center
has recruited more than 750,000 Department of Defense
volunteers and provides more marrow donors per week than any
other donor center in the nation. More than 5,600
servicemembers and other Department volunteers from this
donor center have provided marrow to save the lives of
patients. The success of this national and international
life-saving program for military and civilian patients, which
now includes more than 11,000,000 potential volunteer donors,
is admirable. Further, the agencies involved in contingency
planning are encouraged to continue to include the Bone
Marrow Registry in the development and testing of their
contingency plans. The Secretary of Defense shall show this
as a congressional interest item on the DD Form 1414 (Base
for Reprogramming). The Secretary of Defense is further
directed to release all the funds appropriated for this
purpose to the Bone Marrow Registry not later than 60 days
after the enactment of this Act.
NEXT GENERATION JAMMER
Senate Report 112-196 directed the Government
Accountability Office (GAO) to conduct a review of the Next
Generation Jammer (NGJ) program to determine if there are
redundancies across the Services and to assess whether this
effort should become a joint Service solution. The agreement
concurs with the following GAO recommendations: the Secretary
of Defense should require the NGJ capabilities development
document to consider potential redundancies between the NGJ
program and existing and proposed programs across all of the
planned roles and to ensure that the Electronic Warfare
Strategy report to Congress includes information on
potentially overlapping capabilities. In addition, the GAO
recently upheld the technology development bid protest
highlighting four recommendations, and the agreement directs
that all four recommendations be implemented. Due to the fact
that the Navy is limiting competition early in the NGJ
acquisition program, the Navy should acquire the necessary
technical data rights and allow for an open systems
architecture approach that would facilitate continued
competition for the remainder of the NGJ acquisition program.
As a result of the bid protest being upheld and a six month
program delay, the agreement reduces the NGJ program by
$100,000,000.
VIRGINIA PAYLOAD MODULE
The fiscal year 2014 budget request for the Virginia
Payload Module (VPM) is $59,000,000. The agreement fully
funds the budget request; however, concerns remain over
increasing the Virginia-class submarine size to accommodate a
93.7 foot module in the submarine's center. The module's
requirements are not defined, which likely will result in
instability to a proven submarine design, disrupt a stable
production line, and add significant cost to the current
estimates. These concerns are raised due to a history of cost
growth on previous submarine development efforts. For
instance, in 1999, the Navy began designing the conversion of
four SSBN submarines to SSGN configurations with the initial
cost estimates for a four-boat program of $2,400,000,000. By
the time these submarines were converted, the cost was
$4,000,000,000, or an increase of 66 percent above the
initial estimates. Similarly, when the Navy modified SSN-23,
it increased the submarine's cost by $887,000,000 for a total
of $3,300,000,000 for one submarine.
The Department of the Navy recently received Joint
Requirements Oversight Committee approval of the capabilities
development document for the VPM. The document includes two
additional key performance parameters for controlling costs:
the non-recurring engineering cost to design the modification
is limited to $800,000,000 in constant fiscal year 2010
dollars for development, and the production cost is limited
to $475,000,000 for the lead ship and $350,000,000 for the
follow-on ships. The Navy is directed not to exceed these
cost thresholds.
The Secretary of the Navy shall create a separate budget
line item to enable additional congressional oversight and
increase transparency into the costs of VPM. Furthermore, the
Secretary shall submit a bi-annual report to the
congressional defense committees describing the actions the
Navy is taking to minimize costs. The agreement fences
$20,000,000 until the first bi-annual report is provided to
the congressional defense committees.
NAVY SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS PROGRAM
The agreement encourages the Office of Naval Research (ONR)
to support America's Ocean Exploration Program as recommended
by the Presidential Commission on Ocean Policy, which
includes the development of advanced remotely controlled and
autonomously operated vehicles down to 6,000 meters as well
as telepresence technology. Additionally, the Secretary of
the Navy is encouraged to expand the Navy's Science,
Technology, Engineering, and Mathematics (STEM) Educational
Outreach program to include the United States Naval Academy,
thereby providing opportunities for midshipmen to participate
in America's Exploration Program and serve as role models for
ONR's STEM Program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H742]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.202
[[Page H743]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.203
[[Page H744]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.204
[[Page H745]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.205
[[Page H746]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.206
[[Page H747]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.207
[[Page H748]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.208
[[Page H749]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.209
[[Page H750]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.210
[[Page H751]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.211
[[Page H752]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.212
[[Page H753]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.213
[[Page H754]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.214
[[Page H755]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.215
[[Page H756]]
COMBAT RESCUE HELICOPTER
The agreement includes $333,558,000 for the Combat Rescue
Helicopter (CRH) program and directs that the funds provided
shall be considered a congressional special interest item.
The CRH will replace the aging fleet of Pave Hawk helicopters
that support not only the Air Force but combat missions
across all the Services. These helicopters need to be
replaced. However, in a period of fiscal austerity, the
program must be affordable to ensure that it is not canceled
due to insufficient funding in future years. The Air Force
must continue to assess its acquisition strategy to find ways
to control costs and ensure that the program remains on track
to deliver these helicopters to the fleet.
Prior to any decision to terminate the CRH program due to
insufficient funding in future years, the Secretary of the
Air Force and the Chief of Staff of the Air Force are
directed to review the threshold and objective requirements
as established in the capability development document and to
review alternative acquisition strategies using cost-benefit
analysis in order to establish an affordable program. The
Secretary of the Air Force is directed to brief the outcome
of this review to the congressional defense committees.
HARD TARGET MUNITIONS
The Secretary of the Air Force is directed to report to the
congressional defense committees on the results of the hard
target munitions analysis of alternatives (AoA) not later
than 15 days after the AoA is approved and to include in the
report a discussion of how the fiscal year 2014 new start
efforts for the 5,000-pound Joint Direct Attack Munitions
demonstration and the advanced 2,000-pound penetrator
demonstration are consistent with the AoA. The agreement
provides that the Secretary may obligate and expend funds for
these new start efforts prior to completion of the AoA.
HUMAN PERFORMANCE SENSING
The agreement supports Air Force Research Laboratory (AFRL)
research into human performance sensing. Accordingly, the
agreement encourages AFRL to continue its research into the
manufacture of nano-biomaterial sensors.
NATIONAL SECURITY SPACE PROGRAM PLANNING AND EXECUTION
The Director of Cost Assessment and Program Evaluation is
directed to submit the report required by House Report 113-
113 to the congressional defense committees not later than
July 1, 2014.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H757]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.216
[[Page H758]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.217
[[Page H759]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.218
[[Page H760]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.219
[[Page H761]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.220
[[Page H762]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.221
[[Page H763]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.222
[[Page H764]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.223
[[Page H765]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.224
[[Page H766]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.225
[[Page H767]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.226
[[Page H768]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.227
[[Page H769]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.228
[[Page H770]]
CONVENTIONAL PROMPT GLOBAL STRIKE
The agreement includes $65,440,000 to continue the Prompt
Global Strike program, a decrease from the $200,383,000
appropriated in fiscal year 2013. The program achieved a
significant milestone on November 17, 2011, when the Army
conducted a successful flight test of the advanced hypersonic
weapon (AHW). The Secretary of Defense is directed to follow
through on the stated intent of additional fiscal year 2013
funding provided for continued planning and completion of a
second, longer range AHW flight test to validate the design
and further confirm previously demonstrated AHW flight
technology. Also, considering the fiscal constraints under
which the Department of Defense is operating, the Secretary
is directed to avoid commitments that will cause funds to be
used for design or development efforts intended to support a
significant departure from HTV-2 or the Army's AHW payload
delivery vehicle designs.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H771]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.229
[[Page H772]]
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $2,246,427,000 in Title V, Revolving
and Management Funds. The agreement on items addressed by
either the House or the Senate is as follows:
[[Page H773]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.230
[[Page H774]]
DEFENSE WORKING CAPITAL FUNDS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H775]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.231
[[Page H776]]
NATIONAL DEFENSE SEALIFT FUND
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H777]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.232
[[Page H778]]
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $35,035,166,000 in Title VI, Other
Department of Defense Programs. The agreement on items
addressed by either the House or the Senate is as follows:
[[Page H779]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.233
[[Page H780]]
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H781]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.234
[[Page H782]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.235
[[Page H783]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.236
[[Page H784]]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
There remain concerns regarding the transfer of funds from
Direct (or In-house) Care to pay for contractor-provided
medical care. To limit such transfers and improve oversight
within the Defense Health Program operation and maintenance
account, a provision is included which caps the funds
available for Private Sector Care under the TRICARE program
subject to prior approval reprogramming procedures. The
provision and accompanying explanatory statement language
should not be interpreted by the Department as limiting the
amount of funds that may be transferred to the Direct Care
System from other budget activities within the Defense Health
Program. In addition, funding for the Direct Care System
continues to be designated as a special interest item. Any
transfer of funds from the Direct (or In-house) Care budget
activity into the Private Sector Care budget activity or any
other budget activity will require the Secretary of Defense
to follow prior approval reprogramming procedures.
The Secretary of Defense also shall provide written
notification to the congressional defense committees of
cumulative transfers in excess of $15,000,000 out of the
Private Sector Care budget activity.
CARRYOVER
For fiscal year 2014, the agreement recommends one percent
carryover authority for the operation and maintenance account
of the Defense Health Program. The Assistant Secretary of
Defense (Health Affairs) is directed to submit a detailed
spending plan for any fiscal year 2013 designated carryover
funds to the congressional defense committees not less than
30 days prior to executing the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $25,000,000 for a peer-reviewed
cancer research program to research cancers not addressed in
the breast, prostate, ovarian, and lung cancer research
programs currently executed by the Department of Defense.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: blood cancer, colorectal cancer, genetic
cancer research, kidney cancer, listeria vaccine for cancer,
melanoma and other skin cancers, mesothelioma,
myeloproliferative disorders, neuroblastoma, pancreatic
cancer, pediatric brain tumors, and cancers related to
radiation exposure.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $200,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit
and direct relevance to military health. Research areas
considered under this funding are restricted to the following
areas: acupuncture, arthritis, chronic migraine and post-
traumatic headache, congenital heart disease, DNA vaccine
technology for postexposure prophylaxis, dystonia, epilepsy,
food allergies, Fragile X syndrome, hereditary angioedema,
illnesses related to radiation exposure, inflammatory bowel
disease, interstitial cystitis, lupus, malaria, metabolic
disease, neuroprosthetics, pancreatitis, polycystic kidney
disease, post-traumatic osteoarthritis, psychotropic
medications, respiratory health, rheumatoid arthritis,
segmental bone defects, and tinnitus. The additional funding
provided under the peer-reviewed medical research program
shall be devoted only to the purposes listed above.
INTEGRATED ELECTRONIC HEALTH RECORD
The agreement includes a provision restricting the amount
of funding that may be obligated for the Interagency Program
Office (IPO) and the Defense Healthcare Management Systems
Modernization (DHMSM) program to 25 percent of the funding
provided until the Secretary of Defense provides the House
and Senate Appropriations Committees an expenditure plan that
includes elements such as a budget and cost baseline for full
operating capability and the total life cycle costs of the
program. The expenditure plan should also describe how the
forthcoming Request for Proposal (RFP) for DHMSM will require
adherence to data standardization as defined by the IPO. This
is critical to ensure interoperability between current and
future Department of Veterans Affairs and Department of
Defense electronic health record systems.
It is concerning that after five years of working to
establish a joint framework to collaborate and develop an
integrated Electronic Health Record, the program was
restructured in February 2013, with the Departments of
Defense and Veterans Affairs each pursuing their own core
systems. The IPO also took on a more limited but still vital
role after the restructure and is now responsible for
establishing, monitoring, and approving the clinical and
technical data standards to ensure seamless integration of
health data between the two Departments and private health
care providers. The IPO is directed to deliver to the
congressional defense committees, the House and Senate
Subcommittees on Appropriations for Military Construction,
Veterans Affairs, and Related Agencies, and the Government
Accountability Office (GAO) a quarterly report that includes
a detailed explanation of it is working to fulfill this new
role.
As the Department of Defense prepares to release an RFP for
the DHMSM in fiscal year 2014, it is imperative that it does
not lose sight of the ultimate goal of interoperability with
Department of Veterans Affairs health records. The Program
Executive Officer (PEO) of the Defense Healthcare Management
Systems (DHMS), in conjunction with the DHMSM Program
Manager, is directed to provide quarterly reports to the
congressional defense committees and the GAO on the cost and
schedule of the program, to include milestones, knowledge
points, and acquisition timelines, as well as quarterly
obligation reports. PEO DHMS is further directed to continue
briefing the House and Senate Defense Appropriations
Subcommittees on a quarterly basis, coinciding with the
report submission. Additionally, the GAO is directed to
review these quarterly reports and provide an annual report
to the congressional defense committees and the House and
Senate Subcommittees on Appropriations for Military
Construction, Veterans Affairs, and Related Agencies on the
cost and schedule of the program.
RADIATION EXPOSURE
Recent reports of sailors who have developed cancer and
other health conditions linked to radiation exposure after
serving on the USS Ronald Reagan during Operation Tomodachi,
which provided humanitarian assistance following the
earthquake and subsequent tsunami in Japan in March 2011, are
disconcerting. The Assistant Secretary of Defense (Health
Affairs) is directed to submit a report to the congressional
defense committees not later than April 15, 2014, on the
number of sailors serving on the USS Ronald Reagan during
Operation Tomodachi who were potentially exposed to increased
levels of radiation during the humanitarian mission. The
report should include a complete inventory of any adverse
medical conditions experienced by these sailors since
Operation Tomodachi, as well as a description of the actions
taken before, during, and after the mission to ensure the
safety of sailors from nuclear radiation. It should also
include a breakdown of the number of sailors who participated
in Operation Tomodachi who are still Navy servicemembers,
including reserve component, as well as the number of sailors
who have since separated.
The Secretary of the Navy is directed to take all necessary
steps to ensure that any health effects resulting from this
humanitarian mission are fully addressed. The agreement
includes $200,000,000 for the peer-reviewed medical research
program, $100,000,000 for the joint warfighter medical
research program, and $25,000,000 for the peer-reviewed
cancer research program. A portion of these funds should be
utilized, if necessary, to carry out additional research on
the health effects of radiation exposure. Further, the
Secretary of the Navy is directed to report to the
congressional defense committees on any research efforts
related to radiation exposure, not later than 30 days after
additional funds are provided to new or existing research
efforts.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H785]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.237
[[Page H786]]
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H787]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.238
[[Page H788]]
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The agreement does not recommend funding for the Joint
Improvised Explosive Device Defeat Fund in the base budget.
Funding requirements of the Joint Improvised Explosive Device
Defeat Organization are addressed in title IX, Overseas
Contingency Operations.
OFFICE OF THE INSPECTOR GENERAL
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H789]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.239
[[Page H790]]
OFFICE OF THE INSPECTOR GENERAL GROWTH PLAN
Since 2008, Congress has provided the Department of Defense
Inspector General (DODIG) with increased funding to support
increased audit, investigative, assessment, and evaluation
capabilities, commonly referred to as the DODIG Growth Plan.
The National Defense Authorization Act for fiscal year 2013
directed the DODIG to provide an updated requirements plan to
establish future staffing objectives based on oversight needs
and current budgetary realities. The agreement supports the
revised DODIG Growth Plan and directs the Secretary of
Defense to fully fund the updated DODIG Growth Plan in the
fiscal year 2015 budget request and the Future Years Defense
Plan.
COLLABORATION WITH THE DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL
REGARDING SERVICE TREATMENT RECORDS
The agreement includes a provision directing the Department
of Defense Inspector General, together with the Department of
Veterans Affairs Inspector General, to assess the time it
takes for service treatment records to be transmitted to the
Department of Veterans Affairs, the impediments to providing
the records in a useable electronic format, and
recommendations to streamline the process. The agreement
directs that this report should be submitted to the House and
Senate Appropriations Committees not later than September 8,
2014.
TITLE VII--RELATED AGENCIES
The agreement provides $1,042,229,000 in Title VII, Related
Agencies. The agreement on items addressed by either the
House or the Senate is as follows:
[[Page H791]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.240
[[Page H792]]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying this Act.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $528,229,000 for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions from the
House and Senate versions of the bill which were not amended.
Those general provisions that were addressed in the agreement
are as follows:
The agreement retains a provision proposed by the Senate
which provides general transfer authority not to exceed
$5,000,000,000. The House bill contained a similar provision
which provided general transfer authority not to exceed
$4,000,000,000.
The agreement modifies a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate
regarding limitations and conditions on the use of funds made
available by this Act to initiate multi-year contracts. The
House bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which prohibits the use of funds to demilitarize or dispose
of certain small firearms. The House bill contained a similar
provision but made it permanent.
The agreement retains a provision proposed by the House
regarding incentive payments authority by the Indian
Financing Act of 1974. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
which provides funding from various appropriations for the
Civil Air Patrol Corporation. The Senate bill contained a
similar provision.
The agreement retains a provision proposed by the House
regarding funds appropriated for programs of the Central
Intelligence Agency. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities. The Senate
bill contained a similar provision.
The agreement modifies a provision proposed by the House
and the Senate regarding field operating agencies.
The agreement modifies a provision proposed by the Senate
regarding the use of new designs or fielding of combat and
camouflage utility uniforms. The House bill contained no
similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
and the Senate recommending rescissions and provides for the
rescission of $1,906,089,000. The rescissions agreed to are:
2011 Appropriations:
National Defense Sealift Fund:
Strategic sealift acquisition................ $10,000,000
2012 Appropriations:
Other Procurement, Army:
Biometrics Enterprise........................ 40,000,000
Aircraft Procurement, Navy:
E-2D......................................... 10,000,000
Weapons Procurement, Navy:
Cruiser modernization weapons................ 33,300,000
Other Procurement, Navy:
CG modernization............................. 266,486,000
Aircraft Procurement, Air Force:
C-27J Joint Cargo Aircraft................... 312,000,000
F-22......................................... 30,000,000
C-130 AMP.................................... 71,535,000
C-130J mods--Block 7 upgrades................ 6,200,000
MQ-9 procurement............................. 30,000,000
Missile Procurement, Air Force:
Classified programs.......................... 10,000,000
National Defense Sealift Fund:
Strategic sealift acquisition................ 14,000,000
Defense Health Program:
Integrated Electronic Health Record 144,518,000
procurement.................................
2013 Appropriations:
Cooperative Threat Reduction Account:
Cooperative Threat Reduction Program......... 37,500,000
Other Procurement, Army:
Force Provider............................... 5,000,000
CREW......................................... 15,426,000
Unmanned ground vehicle...................... 25,000,000
Aircraft Procurement, Navy:
E-2D......................................... 35,000,000
MH-60R....................................... 50,000,000
F/A-18E/F advance procurement................ 27,000,000
Weapons Procurement, Navy:
Aerial targets............................... 5,000,000
Other Procurement, Navy:
LCS MCM mission packages (Oasis termination). 3,533,000
Airborne mine countermeasures (Oasis 4,446,000
termination)................................
Procurement, Marine Corps:
Follow-on to SMAW............................ 12,650,000
Aircraft Procurement, Air Force:
C-130J advance procurement................... 20,000,000
C-27J Joint Cargo Aircraft................... 69,524,000
C-27J Joint Cargo Aircraft spares............ 50,000,000
RQ-4 production close-out.................... 63,400,000
C-130J mods--Block 7 upgrades................ 19,166,000
KC-135 mods.................................. 17,000,000
Missile Procurement, Air Force:
Classified programs.......................... 55,000,000
Other Procurement, Air Force:
COMSEC equipment............................. 38,900,000
Night vision goggles......................... 6,000,000
Procurement, Defense-Wide:
SOF U-28..................................... 88,776,000
DISA--Global combat support system........... 2,703,000
CBDP--decontamination........................ 464,000
CBDP--collective protection.................. 12,100,000
Research, Development, Test and Evaluation, Army:
IEWS--MFEW................................... 12,000,000
Aircraft mods--UH-60L digital cockpit........ 8,100,000
AMPV schedule delay.......................... 26,000,000
Research, Development, Test and Evaluation, Navy:
Airborne mine countermeasures................ 5,000,000
RETRACT ELM.................................. 21,000,000
Joint tactical radio system.................. 11,500,000
Ship contract design......................... 10,000,000
Strategic sub and weapon system.............. 11,000,000
Global command and control system............ 357,000
RQ-11 unmanned aerial vehicle................ 400,000
Research, Development, Test and Evaluation, Air
Force:
Joint precision approach and landing systems. 12,104,000
MC-12........................................ 18,310,000
C-27J airlift squadrons...................... 6,491,000
Airborne senior leader....................... 1,741,000
Research, Development, Test and Evaluation,
Defense-Wide:
Precision Tracking Space System-- 15,000,000
discrimination..............................
Defense Health Program:
Integrated Electronic Health Record 104,461,000
procurement.................................
Integrated Electronic Health Record research. 998,000
The agreement modifies language proposed by the House and
the Senate, which includes a modification to Section 8057
regarding human rights vetting. With respect to the term
``national security emergency'' in the paragraph on
exceptions, the Secretary of Defense shall narrowly define
its use when applying this exception.
The agreement modifies a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
and the Senate related to funding for the Israeli Cooperative
Defense programs.
The agreement retains a provision proposed by the Senate
regarding Fleet Forces Command operational and administrative
control of Navy forces assigned to the Pacific Fleet. The
House bill contained a similar provision which also placed
certain limitations on United States Transportation Command
operations and administrative control of C-130 and KC-135
forces assigned to the Pacific and European Air Force
Commands.
The agreement retains a provision proposed by the Senate
regarding specific allocation of funds under the heading
``Shipbuilding and Conversion, Navy''. The House bill
contained a similar provision.
The agreement retains a provision proposed by the Senate
which requires separate budget justification documents for
the costs of participation in contingency operations for the
military personnel, operation and maintenance, procurement,
and research, development, test and evaluation accounts. The
House bill contained a similar provision but did not include
the research, development, test and evaluation accounts.
The agreement retains a provision proposed by the House
which provides funding to the United Service Organizations
and the Red Cross. The Senate bill contained a similar
provision but did not provide funding to the Red Cross.
The agreement retains a provision proposed by the House
which establishes a baseline for application of reprogramming
and transfer authorities for the Office of the Director of
National Intelligence. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
regarding reprogramming guidelines for the National
Intelligence Program. The Senate bill contained a similar
provision.
The agreement modifies a provision proposed by the House
requiring monthly reporting of incremental contingency
operations costs for Operation Enduring Freedom or any other
named operations. The Senate bill contained a similar
provision.
The agreement modifies a provision proposed by the House
and the Senate regarding funds appropriated for the purpose
of making remittances to the Defense Acquisition Workforce
Development Fund.
The agreement retains a provision proposed by the House
which prohibits funding for the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the Office of the Director of National
Intelligence from employing more Senior Executive Service
employees than are specified in the classified annex. The
Senate bill contained no similar provision.
[[Page H793]]
The agreement modifies a provision proposed by the House to
provide grants through the Office of Economic Adjustment to
assist the civilian population of Guam. The Senate bill
contained no similar provision.
The agreement modifies a provision proposed by the House
regarding parking spaces provided by the BRAC 133 project.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which requires quarterly reports on civilian end strength.
The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
which prohibits funds from being used to separate the
National Intelligence Program from the Department of Defense
budget. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which provides general transfer authority of $2,000,000,000
for funds made available for the intelligence community. The
Senate bill contained no similar provision.
The agreement modifies a provision proposed by the Senate
regarding the Ship Modernization, Operations and Sustainment
Fund to be used for certain purposes. The House bill
contained no similar provision.
The agreement modifies a provision proposed by the Senate
regarding a comprehensive evaluation of the role of a modern
superintendent of a military service academy. The House bill
contained no similar provision.
The agreement modifies a provision proposed by the Senate
which reduces funding due to favorable foreign exchange
rates. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
regarding the transfer of detainees from Naval Station
Guantanamo Bay, Cuba to the United States. The Senate bill
contained a similar provision.
The agreement modifies a provision proposed by the House
regarding the transfer of detainees from Naval Station
Guantanamo Bay, Cuba to foreign countries. The Senate bill
contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funding to modify any United
States facility, other than the facility at Naval Station
Guantanamo Bay, Cuba, to house any individual detained at
Naval Station Guantanamo Bay, Cuba. The Senate bill contained
a similar provision.
The agreement retains a provision proposed by the Senate
which prohibits funding from being used to enter into
contracts or other agreements with any corporation in which
any unpaid federal tax liability has been assessed. The House
bill contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used to violate the
Trafficking Victims Protection Act of 2000. The Senate bill
contained no similar provision.
The agreement modifies a provision proposed by the House
regarding the obligation and expenditure of funds for the RQ-
4B Global Hawk aircraft. The Senate bill contained a similar
provision.
The agreement modifies a provision proposed by the House
which prohibits funds from being used to violate the Child
Soldier Prevention Act of 2008. The Senate bill contained no
similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used to violate the War
Powers Resolution. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
which prohibits funding from being used in violation of
Presidential Memorandum-Federal Fleet Performance, dated May
24, 2011. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits funding from being used to enter into
contracts with entities listed in the EPLS/SAM as having been
convicted of fraud against the federal government. The Senate
bill contained no similar provision.
The agreement modifies a provision proposed by the House
related to funding for Rosoboronexport. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which strikes paragraph (7) of Section 8159(c) of the
Department of Defense Appropriations Act, 2002. The Senate
bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being 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, U.S.C. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
which prohibits funding from being used in contravention of
the amendments made to the Uniform Code of Military Justice
by the National Defense Authorization Act for fiscal year
2014 regarding offenses related to sexual assault. The Senate
bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which provides funding to be made available to local military
commanders or officers or employees to provide ex gratia
payments for damage, personal injury, or death that is
incident to combat operations of the Armed Forces in a
foreign country as subject to certain provisions. The House
bill contained no similar provision.
The agreement retains a provision proposed by the Senate
prohibiting funding from being used to conduct any
environmental impact analysis related to Minuteman III silos.
The House bill contained a similar provision.
The agreement modifies a provision proposed by the House
and Senate regarding a reduction of funding for general and
flag officers and a prohibition of funding from being used to
increase the number of general or flag officers over current
levels.
The agreement retains a provision proposed by the Senate
which prohibits funding from being used to transition
elements of the 18th Aggressor Squadron out of Eielson Air
Force Base. The House bill contained no similar provision.
The agreement modifies a provision proposed by the House
regarding the use of funds to cancel the avionics
modernization program of record for the C-130 aircraft. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds from being used to grant an
enlistment waiver for an offense within offense code 433
related to certain sex crimes. The Senate bill contained no
similar provision.
The agreement modifies a provision proposed by the House
regarding force structure changes at Lajes Field, Azores,
Portugal. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits funding from being used in contravention of
Section 41106 of title 49, U.S.C. The Senate bill contained
no similar provision.
The agreement modifies a provision proposed by the House
regarding funding for flight demonstration teams at locations
outside the United States. The Senate bill contained no
similar provision.
The agreement modifies a provision proposed by the House
limiting the use of funds to carry out reductions to the
nuclear forces of the United States to implement the New
START Treaty. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House to
prohibit funds from being used to implement an enrollment fee
for the TRICARE for Life program. The Senate bill contained
no similar provision.
The agreement modifies a provision proposed by the House
related to agreements with the Russian Federation pertaining
to missile defense or information regarding United States
ballistic missile defense systems. The Senate bill contained
no similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used by the National
Security Agency to conduct an acquisition for the purpose of
targeting a United States person or to acquire, monitor, or
store the contents of any electronic communication of a
United States person from a provider of electronic
communication services to the public. The Senate bill
contained no similar provision.
The agreement includes a provision reducing the amount of
cash to be retained by the Working Capital Fund. The House
and Senate bills contained no similar provisions.
The agreement includes a provision to maintain competitive
rates at the nation's arsenals. The House and Senate bills
contained no similar provisions.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS
The agreement provides $85,190,942,000 in Title IX,
Overseas Contingency Operations.
REPORTING REQUIREMENTS
The Secretary of Defense is directed to continue to report
incremental contingency operations costs for Operation New
Dawn or any other operation designated and identified by the
Secretary of Defense for the purposes of Section 127a of
Title 10, U.S.C. on a monthly basis in the Cost of War
Execution report as required by the Department of Defense
Financial Management Regulation, Chapter 23, Volume 12. The
Secretary of Defense is directed to continue providing Cost
of War reports to the congressional defense committees that
include the following information by appropriation account:
funding appropriated, funding allocated, monthly obligations,
monthly disbursements, cumulative fiscal year obligations,
and cumulative fiscal year disbursements.
In order to meet unanticipated requirements, the Secretary
of Defense may need to transfer funds within these
appropriations accounts for purposes other than those
specified in this report. The Secretary of Defense is
directed to follow normal prior approval reprogramming
procedures should it be necessary to transfer funding between
different appropriations accounts in this title using
authority provided in section 9002 of this Act.
MILITARY PERSONNEL
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H794]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.241
[[Page H795]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.242
[[Page H796]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.243
[[Page H797]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.244
[[Page H798]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.245
[[Page H799]]
OPERATION AND MAINTENANCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H800]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.246
[[Page H801]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.247
[[Page H802]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.248
[[Page H803]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.249
[[Page H804]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.250
[[Page H805]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.251
[[Page H806]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.252
[[Page H807]]
DEFENSE SECURITY COOPERATION AGENCY--COALITION SUPPORT FUND
The agreement reduces the budget request for the Coalition
Support Fund by $243,000,000. This undistributed reduction is
taken without prejudice to the current year allocation but is
an effort to bring balance to the account due to carryover of
fiscal year 2011 unexpired funds in the same amount. When
combined with the fiscal year 2011 unexpired funds, funding
in the full amount requested should be available upon the
enactment of this Act.
AFGHANISTAN SECURITY FORCES FUND
The agreement reduces the budget request for the
Afghanistan Security Forces Fund (ASFF) by $365,000,000 to
address requested ``enablers.'' Specifically, this reduction
was taken due to the new position announced by the Department
of Defense that it no longer intends to purchase the Mi-17
rotary wing aircraft as part of the Interior Forces equipment
request. Concurrent with this decision, and following the
original budget request, the Department of Defense
reevaluated the total $2,615,000,000 request for ``enablers''
and found that the request exceeded current requirements.
Therefore, the Department notified Congress of its intent to
reduce the previously requested enablers by nearly 60
percent, including eliminating requests for several
platforms.
Additionally, the budget requests for the ASFF have been
greatly overstated for the past four years. Excess
appropriations in this account have been carried into the
following fiscal years for obligation. Because of the
previously unknown demand for the needs of the Afghanistan
Security Forces, Congress allowed the Department of Defense
to maintain this excess funding to offset unforeseen
expenses. This carryover, however, has become a constant, as
have the recurring costs associated with maintaining a
military and police force in Afghanistan. Therefore, an
additional undistributed reduction of $2,635,000,000 is taken
in the ASFF account to eliminate continued excess carryover.
Rather than rescinding the funds from prior year
appropriations, the agreement reduces the current year
request as a mechanism to obtain balance within the program
and is done without prejudice to the current year's need.
AFGHANISTAN SPECIAL MISSION WING
The Secretary of Defense is directed to provide a report to
the House and Senate Appropriations Committees not later than
180 days after the enactment of this Act that details
personnel, maintenance, and logistics milestones met and
still to be achieved so that the Afghan Special Mission Wing
(SMW) is able to operate and maintain its fleet of aircraft
as well as an analysis of alternative platforms that may be
able to meet SMW mission requirements over the long-term.
AFGHANISTAN INFRASTRUCTURE FUND
The agreement reduces the budget request for the
Afghanistan Infrastructure Fund (AIF) by $80,000,000.
Amendments included during the House of Representatives floor
debate reduced the requested amount by nearly 80 percent. The
agreement takes into consideration the lack of granularity
provided by the Department of Defense regarding projects to
be completed, anticipated fuel costs or remedies for payment
thereof, and anticipated projects not included in the
original budget request. The lack of a detailed strategy was
further compounded by a House-passed amendment that restricts
the AIF to no new projects beyond those currently underway.
As late as 75 days into fiscal year 2014, the Department
issued the Committees a verbal and unofficial notification
that it was considering two notional hydroelectric projects.
No funding is provided for these projects.
BUILDING PARTNERSHIP CAPACITY--LIGHT AIR SUPPORT AIRCRAFT
The agreement does not include the language in Senate
Report 113-85 regarding the Building Partnership Capacity
Program and instead directs the Secretary of the Air Force to
report to the congressional defense committees 30 days prior
to entering into a contract for any future Light Air Support
aircraft.
PROCUREMENT
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H808]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.253
[[Page H809]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.254
[[Page H810]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.255
[[Page H811]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.256
[[Page H812]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.257
[[Page H813]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.258
[[Page H814]]
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,000,000,000 for National Guard
and Reserve Equipment. Of that amount, $315,000,000 is for
the Army National Guard; $315,000,000 is for the Air National
Guard; $175,000,000 is for the Army Reserve; $65,000,000 is
for the Navy Reserve; $60,000,000 is for the Marine Corps
Reserve; and $70,000,000 is for the Air Force Reserve to meet
urgent equipment needs that may arise in fiscal year 2014.
This funding will allow the Guard and reserve components to
procure high priority equipment that may be used by these
units for both their combat missions and their missions in
support of State governors. The National Guard and Reserve
Equipment account shall be executed by the Chiefs of the
National Guard and reserve components with priority
consideration given to the following items: 13K AT Forklift;
ARC 210 Radios for ANG F-16s; Air National Guard Missile
Warning System; Arctic Sustainment Kits; Base Physical
Security Systems; Blue Force Tracker Next Generation; CBRN
Reconnaissance Equipment; Chemical and Biological Protective
Shelters; Coastal Riverine Force Boats and Communications
Upgrades; Counter Communications Systems; Digital Radar
Warning ALR-69A Receivers for F-16s; F-15 AESA Radars; F-16/
F-15/A-10 Radar Warning Receivers and Defensive Systems
Upgrades; General Engineering Equipment; Generation 4
Advanced Targeting Pods; HC-130 Hostile Fire Indication
System; Helmet-Mounted Integrated Targeting System; High-
Density Storage Cabinets; In-Flight Propeller Balancing
System; Integrated Vehicle Health Management System for UH-
72As; Internal and External Auxiliary Fuel Tanks for Rotary
Wing Aircraft; Joint Threat Emitters; KC-135 and C-130 Real
Time Information in Cockpit (RTIC) Data Link; Large Aircraft
Infrared Countermeasures (LAIRCM); Light Utility Helicopters;
Lightweight Multi-Band Satellite Terminal; Mobile Ad Hoc
Network Emergency Communications Equipment; Modernized
Medical Equipment Sets for HMMWVs; Modular Small Arms
Training Systems; Reactive Skin Decontamination Lotion; RED
HORSE Squadron Vehicles; Remotely Piloted Aircraft Squadron
Operations Centers and Targeting Unit Equipment; Simulation
Training Systems; Small and Light Arms; Tactical Trucks;
Targeting Pod Upgrades; UH-60 A-L Modernization; UH-60
Civilian Communications Package A & B Kits; Ultra-Light
Tactical Vehicles; VSS Modernization for Geographically
Separated Units and Unified Capabilities; and Wireless Mobile
Mesh Network Systems.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H815]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.259
[[Page H816]]
REVOLVING AND MANAGEMENT FUNDS
The agreement provides $264,910,000 for Revolving and
Management Funds.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H817]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.260
[[Page H818]]
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $376,305,000 for Drug Interdiction
and Counter-Drug Activities, Defense.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H819]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.261
[[Page H820]]
The agreement provides funding for the Joint Improvised
Explosive Device Defeat Fund in title IX as such requirements
are considered to be war related.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $10,766,000 for the Office of the
Inspector General.
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions
from the House and Senate versions of the bill which were not
amended. Those general provisions that were addressed in the
agreement are as follows:
The agreement retains a provision proposed by the House
regarding the supervision and administration costs and costs
for design during construction associated with a construction
project. The Senate bill contained a similar provision but
did not include language regarding costs for design during
construction.
The agreement retains a provision proposed by the Senate
regarding limitations on the purchase of passenger motor
vehicles and heavy and light armored vehicles. The House bill
contained a similar provision.
The agreement modifies a provision proposed by the House
regarding funding and guidelines for the Commander's
Emergency Response Program. The Senate bill contained a
similar provision.
The agreement modifies a provision proposed by the House
concerning notification of operations and activities of the
Office of Security Cooperation in Iraq. The Senate bill
contained a similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
and the Senate recommending rescissions. The provision
provides for the rescission of $140,370,000 from the
following programs:
2009 Appropriations:
General Provision:
Retroactive stop loss special pay program........... $53,100,000
2013 Appropriations:
Other Procurement, Army:
CI HUMINT auto reporting and collection............. 6,400,000
Counter Intel/Security countermeasures.............. 80,870,000
The agreement retains a provision proposed by the House
which makes Coalition Support Funds for Pakistan contingent
on a certification by the Secretary of Defense, with
concurrence from the Secretary of State, that certain
conditions are met. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the Senate
which prohibits funds from being used with respect to Syria
in contravention of the War Powers Resolution. The House bill
contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from the Afghanistan Infrastructure
Fund from being used for projects commenced after the date of
enactment of this Act. The Senate bill contained no similar
provision.
TITLE X--MILITARY DISABILITY RETIREMENT AND SURVIVOR BENEFIT ANNUITY
RESTORATION
The agreement amends section 1401a(b) of title 10, United
States Code, as added by section 403(a) of the Bipartisan
Budget Act of 2013.
[[Page H821]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.262
[[Page H822]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.263
[[Page H823]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.264
[[Page H824]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.265
[[Page H825]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.266
[[Page H826]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.267
[[Page H827]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.268
[[Page H828]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.269
[[Page H829]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.270
[[Page H830]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.271
[[Page H831]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.272
[[Page H832]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.273
[[Page H833]]
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014 EXPLANATORY STATEMENT
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for
the fiscal year ending September 30, 2014, and for other
purposes.
The language and allocations set forth in House Report 113-
135 and Senate Report 113-47 should be complied with unless
specifically addressed to the contrary in the Act and
explanatory statement. Report language included by the House
which is not contradicted by the report of the Senate or the
explanatory statement, and Senate report language which is
not contradicted by the report of the House or the
explanatory statement, is approved. The explanatory
statement, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where both the
House report and Senate report address a particular issue not
specifically addressed in the Act or explanatory statement,
the House report and Senate report are not inconsistent and
are to be interpreted accordingly. In cases in which the
House or Senate have directed the submission of a report,
such report is to be submitted to both the Committees on
Appropriations of the House of Representatives and the
Senate. The agreement does not include direction to the
National Nuclear Security Administration to submit a separate
efficiencies report to the Committees on Appropriations of
the House of Representatives and the Senate for fiscal years
2014 and 2015.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at
the end of the explanatory statement for this Act. Funding
levels that are not displayed in the detailed table are
identified in this explanatory statement.
In fiscal year 2014, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-
177), the following information provides the definition of
the term ``program, project, or activity'' for departments
and agencies under the jurisdiction of the Energy and Water
Development Appropriations Act. The term ``program, project,
or activity'' shall include the most specific level of budget
items identified in the Energy and Water Development
Appropriations Act, 2014 and the explanatory statement
accompanying the Act.
TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers.
Additional items of the Act are discussed below.
Concerns persist that the effort to update the Water
Resources Principles and Guidelines is not proceeding
consistent with the language or intent of section 2031 of the
Water Resources Development Act of 2007. No funds provided to
the Corps of Engineers shall be used to develop or implement
rules or guidance to support implementation of the final
Principles and Requirements for Federal Investments in Water
Resources released in March 2013. The Corps shall continue to
use the document dated March 10, 1983, and entitled
``Economic and Environmental Principles and Guidelines for
Water and Related Land Resources Implementation Studies''
during the fiscal year period covered by the Energy and Water
Development Appropriations Act for 2014. If Interagency
Guidelines for implementing the March 2013 Principles and
Requirements are finalized, the Corps shall be ready to
report to the appropriate committees of Congress not later
than 120 days after finalization on the impacts of the
revised Principles and Requirements and Interagency
Guidelines. The Corps shall be prepared to explain the intent
of each revision, how each revision is or is not consistent
with section 2031 of the Water Resources Development Act of
2007, and the probable impact of each revision on water
resources projects carried out by the Secretary including
specific examples of application to at least one project from
each main mission area of the Corps.
INVESTIGATIONS
The agreement includes $125,000,000 for Investigations. The
agreement includes legislative language regarding parameters
for new study starts.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[[Page H834]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.274
[[Page H835]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.275
[[Page H836]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.276
[[Page H837]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.277
[[Page H838]]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based
on updated information regarding the amount of work that
could be accomplished in fiscal year 2014.
Missouri River Authorized Purposes Study, Iowa, Kansas,
Missouri, Montana, Nebraska, North Dakota, and South
Dakota.--The agreement includes neither support for nor a
prohibition on funding for the study of the Missouri River
Projects authorized in section 108 of the Energy and Water
Development and Related Agencies Appropriations Act, 2009
(division C of Public Law 111-8).
Additional Funding.--The fiscal year 2014 budget request
does not reflect the extent of need for project studies
funding. The Corps has numerous continuing studies that will
be suspended or slowed unnecessarily under the limits of the
budget request. These studies could lead to projects with
significant economic benefits, particularly by increasing
national competitiveness through marine transportation
improvements and by avoiding damages caused by flooding and
coastal storms. The agreement includes additional funds for
work that either was not included in the administration's
request or was inadequately budgeted. The direction that
follows shall be the only direction used for additional
funding provided in this account.
A study shall be eligible for this funding if: (1) it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years; (2) it was
previously funded and could reach a significant milestone or
produce significant outputs in fiscal year 2014; or (3) it is
selected as one of the new starts allowed in accordance with
this Act and the additional direction provided below. None of
these funds may be used for any item where funding was
specifically denied. None of these funds may be used to alter
any existing cost-share requirements. While this additional
funding is shown in the feasibility column, the Corps should
use these funds in recon, feasibility, and PED, as
applicable. Funding associated with each category may be
allocated to any eligible study within that category; funding
associated with each subcategory may be allocated only to
eligible studies within that subcategory. The list of
subcategories is not meant to be exhaustive.
The Corps is directed to develop a rating system or systems
for use in evaluating studies for allocation of the
additional funding provided in this account. These evaluation
systems may be, but are not required to be, individualized
for each category or subcategory. Each study eligible for
funding shall be evaluated under the applicable ratings
system. A study may not be excluded from evaluation for being
``inconsistent with administration policy.'' The Corps
retains complete control over the methodology of these
ratings systems, but shall consider giving priority to
completing or accelerating ongoing studies or to initiating
new studies which will enhance the nation's economic
development, job growth, and international competitiveness;
are for projects located in areas that have suffered recent
natural disasters; or are for projects to address legal
requirements. The executive branch retains complete
discretion over project-specific allocation decisions within
the additional funds provided.
Not later than 45 days after enactment of this Act, the
Corps shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a work plan
including the following information: (1) a detailed
description of the ratings system(s) developed and used to
evaluate studies, including the weighting given to each
factor or criterion if multiple factors or criteria are used;
(2) delineation of how these funds are to be allocated; (3) a
summary of the work to be accomplished with each allocation,
including phase of work; and (4) a list of all studies that
were considered eligible for funding but did not receive
funding, including an explanation of whether each study could
have used funds in fiscal year 2014, whether the study was
rated as highly or more highly than other studies that did
receive funding, and the specific reasons each study was
considered as being less competitive for an allocation of
funds. For any study excluded from funding for being
``inconsistent with administration policy,'' the work plan
shall include a detailed explanation of why each such study
is inconsistent with administration policy. No funds shall be
obligated for any study under this program that has not been
justified in such a work plan.
New Starts.--The agreement includes up to nine new study
starts to be balanced across the three main mission areas of
the Corps (navigation, flood and storm damage reduction, and
environmental restoration). Each new start shall be funded
from the appropriate additional funding line item.
Consideration of the nine shall not be limited to only those
proposed in the administration's budget request. In addition
to the priority factors used to allocate all additional
funding provided, the Corps should give careful consideration
to the out-year budget impacts of the studies chosen as new
starts, as well as whether there appears to be an
identifiable local sponsor that will be ready and able to
provide the necessary cost shares in a timely manner for the
feasibility and preconstruction engineering and design phases
of the study phase. Any follow-on feasibility studies should
be conducted utilizing the Corps' 3 3 3 approach, as
appropriate, and completed as expeditiously as possible.
As all of these studies are to be chosen by the Corps, it
should be understood that all are considered of equal
importance. The expectation is that future budget submissions
will include funding appropriate to meet the goals of the 3 3
3 approach for the feasibility study, as well as seamlessly
fund the reconnaissance, feasibility, and preconstruction
engineering and design phases. The Corps may not change or
substitute the new study starts selected once the work plan
has been provided to the Committees.
Water Resources Priority Study.--No funds shall be used for
this new activity or the proposed new National Flood Risk
Assessment Study.
CONSTRUCTION
The agreement includes $1,656,000,000 for Construction. The
agreement includes legislative language regarding funding for
Olmsted Lock and Dam, Ohio River, Illinois and Kentucky. The
agreement includes legislative language regarding parameters
for new construction starts.
The Inland Waterways System is a vital component of the
nation's freight transportation network. Much of the system
is in dire need of modernization due to physical
infrastructure long past its design life. The funding
situation, however, is insufficient and a permanent,
comprehensive solution is necessary to undertake a major
recapitalization effort. Unfortunately, seven budget cycles
have passed with no solutions enacted. Therefore, the
agreement includes legislative language and funding intended
to provide temporary assistance to help avoid catastrophic
infrastructure failures. The administration, authorizing
committees, and industry are encouraged to enact a
permanent, comprehensive solution.
The allocation for projects and activities within the
Construction account is shown in the following table:
[[Page H839]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.278
[[Page H840]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.279
[[Page H841]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.280
[[Page H842]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.281
[[Page H843]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.282
[[Page H844]]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based
on updated information regarding the amount of work that
could be accomplished in fiscal year 2014.
Savannah Harbor Expansion, Georgia.--The budget request for
this item that was proposed in the Investigations account has
been moved to this account where it has been funded since
fiscal year 2009. In light of this funding history, the Corps
is directed to consider the project an ongoing construction
project for purposes of developing future budget requests.
Additional Funding.--The Corps has ongoing, authorized
construction projects that would cost tens of billions of
dollars to complete, yet the administration continues to
request a mere fraction of the funding necessary to complete
those projects. The agreement includes additional funds for
projects and activities to enhance the nation's economic
growth and international competitiveness. The intent of these
funds is for work that either was not included in the
administration's request or was inadequately budgeted. The
direction that follows shall be the only direction used for
additional funding provided in this account.
A project shall be eligible for this funding if: (1) it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years; (2) it was
previously funded and could reach a significant milestone or
produce significant outputs in fiscal year 2014; or (3) it is
selected as one of the new starts allowed in accordance with
this Act and the additional direction provided below. None of
these funds may be used for any item where funding was
specifically denied, for projects in the Continuing
Authorities Program, or to alter any existing cost-share
requirements. Funding associated with each category may be
allocated to any eligible project within that category;
funding associated with each subcategory may be allocated
only to eligible projects within that subcategory. The list
of subcategories is not meant to be exhaustive.
The Corps is directed to develop a rating system or systems
for use in evaluating projects for allocation of the
additional funding provided in this account. These evaluation
systems may be, but are not required to be, individualized
for each category or subcategory. Each project eligible for
funding shall be evaluated under the applicable ratings
system. A project may not be excluded from evaluation for
being ``inconsistent with administration policy.'' The Corps
retains complete control over the methodology of these
ratings systems, but shall consider giving priority to the
following: the benefits of the funded work to the national
economy; extent to which the work will enhance national,
regional, or local economic development; number of jobs
created directly by the funded activity; ability to obligate
the funds allocated within the fiscal year, including
consideration of the ability of the non-federal sponsor to
provide any required cost-share; ability to complete the
project, separable element, or project phase with the funds
allocated; for flood and storm damage reduction projects
(including authorized nonstructural measures and periodic
beach renourishments), population, economic activity, or
public infrastructure at risk, as appropriate; for flood and
storm damage reduction projects (including authorized
nonstructural measures and periodic beach renourishments),
the severity of risk of flooding or the frequency with which
an area has experienced flooding; for navigation projects,
the number of jobs or level of economic activity to be
supported by completion of the project, separable element, or
project phase; for Inland Waterways Trust Fund projects, the
economic impact on the local, regional, and national economy
if the project is not funded, as well as discrete elements of
work that can be completed within the funding provided in
this line item; and for environmental infrastructure,
projects with the greater economic impact, projects in rural
communities, and projects in counties or parishes with high
poverty rates.
Not later than 45 days after enactment of this Act, the
Corps shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a work plan
including the following information: (1) a detailed
description of the ratings system(s) developed and used to
evaluate projects within this account, including the
weighting given to each factor or criterion if multiple
factors or criteria are used; (2) delineation of how these
funds are to be allocated; (3) a summary of the work to be
accomplished with each allocation; and (4) a list of all
projects that were considered eligible for funding but did
not receive funding, including an explanation of whether each
project could have used funds in fiscal year 2014, whether
the project was rated as highly or more highly than other
projects that did receive funding, and the specific reasons
each project was considered as being less competitive for an
allocation of funds. For any project excluded from funding
for being ``inconsistent with administration policy,'' the
work plan shall include a detailed explanation of why each
such project is inconsistent with administration policy. No
funds shall be obligated for any project under this program
that has not been justified in such a work plan.
New Starts.--The agreement includes up to four new project
starts, including one each from the navigation, flood and
storm damage reduction, and environmental restoration mission
areas (a second navigation or flood and storm damage
reduction new project start also may be selected). Each new
start shall be funded from the appropriate additional funding
line item. Consideration of the four shall not be limited to
only those new starts proposed in the administration's budget
request. When considering new starts, only those that can
execute a project cost sharing agreement not later than
August 29, 2014, shall be chosen.
In addition to the priority factors used to allocate all
additional funding provided, factors that should be
considered for all new starts include: the cost sharing
sponsor's ability and willingness to promptly provide the
cash contribution (if any) as well as required lands,
easements, rights-of-way, relocations, and disposal areas;
the technical and financial ability of the non-federal
sponsor to implement the project without assistance from the
Corps, including other sources of funding available for the
project purpose; whether the project provides benefits from
more than one benefit category; and the out-year budget
impacts of the selected new starts. To ensure that the new
starts selected are affordable and will not unduly delay
completion of any ongoing projects, the Secretary is required
to submit to the Committees on Appropriations of the House of
Representatives and the Senate a realistic out-year budget
scenario prior to issuing a work allowance for a new start.
It is understood that specific budget decisions are made on
an annual basis and that this scenario is neither a request
for nor a guarantee of future funding for any project.
Nonetheless, this scenario shall include an estimate of
annual funding for each new start utilizing a realistic
funding scenario through completion of the project, as well
as the specific impacts of that estimated funding on the
ability of the Corps to make continued progress on each
previously funded construction project (including impacts to
the optimum timeline and funding requirements of the ongoing
projects) and on the ability to consider initiating new
projects in the future. The scenario shall assume a
Construction account funding level at the average of the past
three enacted fiscal years (excluding disaster relief,
emergency, and supplemental funding).
As all of these new starts are to be chosen by the Corps,
it should be understood that all are considered of equal
importance and the expectation is that future budget
submissions will include appropriate funding for all new
starts selected. The Corps may not change or substitute the
new project starts selected once the work plan has been
provided to the Committees. Any project for which the new
start requirements are not met by the end of fiscal year
2014, or by the earlier date as specified, shall be treated
as if the project had not been selected as a new start; such
a project shall be required to compete again for new start
funding in future years.
Continuing Authorities Program.--The various sections of
the Continuing Authorities Program (CAP) provide a useful
tool for the Corps to undertake small projects without the
lengthy study and authorization process typical of most
larger Corps projects. The agreement includes a total of
$53,000,000 spread over eight CAP sections, rather than
$29,000,000 spread over five CAP sections as proposed in the
budget request. These funds should be expended for the
purposes for which they were appropriated and should be
executed as quickly as possible.
Continuing Authorities Program Direction.--Management of
the Continuing Authorities Program should continue consistent
with direction provided in fiscal year 2012. The direction is
restated here for convenience.
For each CAP section, available funds shall be allocated
utilizing this sequence of steps until the funds are
exhausted:
--capability-level funds for ongoing projects that have
executed cost-sharing agreements for the applicable phase;
--capability-level funds for projects that are ready for
execution of new cost-sharing agreements for the applicable
phase and for which Corps headquarters authorizes execution
of the agreements;
--funds, as permitted by Corps policies, for other projects
previously funded for the applicable phase but not ready for
execution of new cost-sharing agreements; and
--funds, as permitted by Corps policies, for projects not
previously funded for the applicable phase.
Funds shall be allocated by headquarters to the appropriate
Field Operating Agency (FOA) for projects requested by that
FOA. If the FOA finds that the study/project for which funds
were requested cannot go forward, the funds are to be
returned to Corps headquarters to be reallocated based on the
nationwide priority listing. In no case should the FOA retain
these funds for use on a different project than the one for
which the funds were requested without the explicit approval
of the Corps' headquarters.
Within the step at which available funds are exhausted for
each CAP section, funds shall be allocated to the projects in
that section that rank high according to the following
factors: high overall performance based on outputs; high
percent fiscally complete; and high unobligated carry-in.
Section 14 funds shall be allocated to the projects that
address the most significant risks and adverse consequences,
irrespective of phase or previous funding history.
The Corps shall continue the ongoing process for suspending
and terminating inactive projects. Suspended projects shall
not be reactivated or funded unless the sponsor reaffirms in
writing its support for the project
[[Page H845]]
and establishes its willingness and capability to execute its
project responsibilities.
In order to provide a mix of studies, design, and
construction within each CAP section, the Corps is directed
to divide the funding generally 80/20 between the Design and
Implementation and the Feasibility phases within each
authority. The Chief of Engineers shall provide a report to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days after
enactment of this Act detailing how funds will be distributed
to the individual items in the various CAP sections for the
fiscal year. The Chief shall also provide an annual report at
the end of each fiscal year detailing the progress made on
the backlog of projects. The report should include the
completions and terminations as well as progress of ongoing
work.
The Corps may initiate new continuing authorities projects
in all sections as funding allows. New projects may be
initiated after an assessment is made that such projects can
be funded over time based on historical averages of the
appropriation for that section and after prior approval by
the Committees on Appropriations of the House of
Representatives and the Senate.
Wood River Levee, Illinois.--Serious concerns have been
expressed about the impacts of Melvin Price Locks and Dam on
seepage issues at the Wood River levee. The Corps is
encouraged to address these seepage problems and implement
solutions as soon as practicable.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $307,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[[Page H846]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.283
[[Page H847]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.284
[[Page H848]]
Additional Funding for Ongoing Work.--The fiscal year 2014
budget request reflects neither the need nor the importance
of the Mississippi River and Tributaries Project. Therefore,
the agreement includes additional funds to continue ongoing
studies, projects, and maintenance activities. These funds
should be used for flood control, navigation, water supply,
ground water protection, waterfowl management, bank
stabilization, erosion and sedimentation control, and
environmental restoration work. The intent of these funds is
for ongoing work primarily along the Mississippi River
tributaries that either was not included in the
administration's request or was inadequately budgeted. The
direction that follows shall be the only direction used for
additional funding provided in this account.
A project shall be eligible for this funding if: (1) it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years; or (2) it was
previously funded and could reach a significant milestone or
produce significant outputs in fiscal year 2014. None of
these funds may be used to start new studies, projects, or
activities or for any item where funding was specifically
denied. While this additional funding is shown under
remaining items, the Corps should utilize these funds in any
applicable phase of work.
The Corps is directed to develop a rating system or systems
for use in evaluating studies and projects for allocation of
the additional funding provided in this account. These
evaluation systems may be, but are not required to be,
individualized for each category or subcategory. Each study
and project eligible for funding shall be evaluated under the
applicable ratings system. A study or project may not be
excluded from evaluation for being ``inconsistent with
administration policy.'' The Corps retains complete control
over the methodology of these ratings systems, but shall
consider giving priority to completing or accelerating
ongoing work that will enhance the nation's economic
development, job growth, and international competitiveness,
or are for studies or projects located in areas that have
suffered recent natural disasters. The executive branch
retains complete discretion over project-specific allocation
decisions within the additional funds provided.
Not later than 45 days after enactment of this Act, the
Corps shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a work plan
including the following information: (1) a detailed
description of the ratings system(s) developed and used to
evaluate studies and projects, including the weighting given
to each factor or criterion if multiple factors or criteria
are used; (2) delineation of how these funds are to be
allocated; (3) a summary of the work to be accomplished with
each allocation, including phase of work; and (4) a list of
all studies and projects that were considered eligible for
funding but did not receive funding, including an explanation
of whether each study or project could have used funds in
fiscal year 2014, whether the study or project was rated as
highly or more highly than other studies or projects that did
receive funding, and the specific reasons each study or
project was considered as being less competitive for an
allocation of funds. For any study or project excluded from
funding for being ``inconsistent with administration
policy,'' the work plan shall include a detailed explanation
of why each such study or project is inconsistent with
administration policy. No funds shall be obligated for any
study or project under this program that has not been
justified in such a work plan.
OPERATION AND MAINTENANCE
The agreement includes $2,861,000,000 for Operation and
Maintenance.
The Secretary of the Army is encouraged to expedite the
completion and implementation of Memoranda of Agreement that
are pending with the Corps of Engineers and the Assistant
Secretary of the Army for cost sharing of harbor operation
and maintenance.
Many communities face serious drought conditions which
damage agricultural production, habitat protection, and
recreational opportunities. Where evidence supports the
ability to increase water storage in these areas during
winter months without significantly increasing flood risk,
the Corps is encouraged to work with such communities to
arrive at a modern flood control curve that reflects an
updated balance between these priorities.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[[Page H849]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.285
[[Page H850]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.286
[[Page H851]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.287
[[Page H852]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.288
[[Page H853]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.289
[[Page H854]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.290
[[Page H855]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.291
[[Page H856]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.292
[[Page H857]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.293
[[Page H858]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.294
[[Page H859]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.295
[[Page H860]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.296
[[Page H861]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.297
[[Page H862]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.298
[[Page H863]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.299
[[Page H864]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.300
[[Page H865]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.301
[[Page H866]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.302
[[Page H867]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.303
[[Page H868]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.304
[[Page H869]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.305
[[Page H870]]
Additional Funding for Ongoing Work.--The fiscal year 2014
budget request does not fund operation, maintenance, and
rehabilitation of our nation's aging infrastructure
sufficiently to ensure continued competitiveness in a global
marketplace. Federal navigation channels maintained at only a
fraction of authorized dimensions, and navigation locks and
hydropower facilities well beyond their design life results
in economic inefficiencies and risks infrastructure failure,
which can cause substantial economic losses. Investing in
operation, maintenance, and rehabilitation of infrastructure
today will save taxpayers money in the future.
The agreement includes additional funds to continue ongoing
projects and activities. The intent of these funds is for
ongoing work that either was not included in the
administration's request or was inadequately budgeted. The
direction that follows shall be the only direction used for
additional funding provided in this account.
None of these funds may be used for any item where funding
was specifically denied, to initiate new projects or
programs, or to alter any existing cost-share requirements.
Funding associated with each category may be allocated to any
eligible project within that category; funding associated
with each subcategory may be allocated only to eligible
projects within that subcategory. The list of subcategories
is not meant to be exhaustive.
The Corps is directed to develop a rating system or systems
for use in evaluating projects for allocation of the
additional funding provided in this account. These evaluation
systems may be, but are not required to be, individualized
for each category or subcategory. Each project eligible for
funding shall be evaluated under the applicable ratings
system. A project may not be excluded from evaluation for
being ``inconsistent with administration policy.'' The Corps
retains complete control over the methodology of these
ratings systems, but shall consider giving priority to the
following: ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are present;
ability to address critical maintenance backlog; presence of
the U.S. Coast Guard; extent to which the work will enhance
national, regional, or local economic development, including
domestic manufacturing capacity; extent to which the work
will promote job growth or international competitiveness; for
harbor maintenance activities, total tonnage handled, total
exports, total imports, dollar value of cargo handled, energy
infrastructure and national security needs served, lack of
alternative means of freight movement, and savings over
alternative means of freight movement; number of jobs created
directly by the funded activity; ability to obligate the
funds allocated within the fiscal year; ability to complete
the project, separable element, or project phase within the
funds allocated; and the risk of imminent failure or closure
of the facility. The executive branch retains complete
discretion over project-specific allocation decisions within
the additional funds provided.
Concerns persist that the administration's criteria for
navigation maintenance do not allow small, remote, or
subsistence harbors and waterways to properly compete for
scarce navigation maintenance funds. The Corps is urged to
revise the criteria used for determining which navigation
projects are funded in order to develop a reasonable and
equitable allocation under this account. The criteria should
include the economic impact that these projects provide to
local and regional economies, in particular those with
national defense or public health and safety importance.
Not later than 45 days after enactment of this Act, the
Corps shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a work plan
including the following information: (1) a detailed
description of the ratings system(s) developed and used to
evaluate projects, including the weighting given to each
factor or criterion if multiple factors or criteria are used;
(2) delineation of how these funds are to be allocated; (3) a
summary of the work to be accomplished with each allocation;
and (4) a list of all projects that were considered eligible
for funding but did not receive funding, including an
explanation of whether each project could have used funds in
fiscal year 2014, whether the project was rated as highly or
more highly than other projects that did receive funding, and
the specific reasons each project was considered as being
less competitive for an allocation of funds. For any project
excluded from funding for being ``inconsistent with
administration policy,'' the work plan shall include a
detailed explanation of why each such project is inconsistent
with administration policy. No funds shall be obligated for
any project under this program that has not been justified in
such a work plan.
Reducing Civil Works Vulnerability.--No funding shall be
used for this new activity.
REGULATORY PROGRAM
The agreement includes $200,000,000 for the Regulatory
Program.
The Corps is directed to report to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 90 days after enactment of this Act the ways
in which compensatory mitigation for critical infrastructure
projects is calculated in the various field operating
agencies of the Corps. The report should also include
recommendations for computing compensatory mitigation more
equitably across the Corps, alternative mitigation
strategies, and opportunities to make compensatory mitigation
less costly and more cost-effective.
In 1977, Congress made a deliberate policy choice to exempt
ordinary farming, silviculture, ranching, and mining related
activities from the requirements to obtain Clean Water Act
permits when undertaken as normal activities to prepare and
maintain land, roads, ponds, or ditches. A ``recapture
provision'' also was included to provide reasonable limits on
the scope of these statutory exemptions, but not to nullify
the exemptions. Concerns have been raised that in recent
years the Corps has changed its implementation of these
provisions to significantly reduce the application of the
statutory exemptions. The Corps is directed to ensure that
the original balance intended by statute is implemented by
all field offices.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $103,499,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $28,000,000 for Flood Control and
Coastal Emergencies.
EXPENSES
The agreement includes $182,000,000 for Expenses.
Multiple Division Offices recently initiated efforts to
restructure or consolidate civil works functions within
certain District Offices, including Little Rock, Chicago,
Buffalo, and Detroit. These efforts were described as needed
to address declining budgets. Recent budget requests,
however, have made no mention of the administration's intent
to pursue such activities. The Corps is expected to notify
the Committees on Appropriations of the House of
Representatives and the Senate prior to initiating any such
restructuring or consolidation activities. Information
provided should include details on the functions to be
affected, estimated cost savings, relevant timelines, impact
on jobs, and plans to ensure proposed activities do not
diminish critical functions.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works.
ADMINISTRATIVE PROVISION
The agreement includes a provision relating to the
replacement and hire of passenger motor vehicles.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision concerning continuing
contracts and the Inland Waterways Trust Fund.
The agreement makes permanent a provision requiring the
submission of any Chief's report to the appropriate
committees of the Congress.
The agreement includes a provision providing the Corps of
Engineers authorization for emergency measures to exclude
Asian carp from the Great Lakes.
The agreement includes a provision concerning funding
transfers related to fish hatcheries.
The agreement includes a provision deauthorizing a portion
of the Ipswich River in Massachusetts.
The agreement includes a provision deauthorizing a portion
of the Chicago Harbor in Illinois.
The agreement includes a provision deauthorizing a portion
of Warwick Cove in Rhode Island.
The agreement includes a provision increasing the
authorized cost of the Miami Harbor, Florida, project.
The agreement includes a provision increasing the
authorized cost of the Little Calumet, Indiana, project.
The agreement includes a provision regarding the limitation
concerning total project costs in section 902 of the Water
Resources Development Act of 1986.
The agreement includes a provision concerning the Cape
Arundel disposal site in Maine.
The agreement includes a provision relating to section
5018(a)(1) of the Water Resources Development Act of 2007
regarding Missouri River Recovery.
The agreement includes a provision prohibiting funds from
being used to develop or implement changes to certain
definitions for the purposes of the Clean Water Act.
The agreement includes a provision regarding any flood
control project affected by a navigation project.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $8,725,000 for the
Central Utah Project Completion Account, which includes
$6,425,000 for Central Utah Project construction, $1,000,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, and $1,300,000 for
necessary expenses of the Secretary of the Interior.
[[Page H871]]
Bureau of Reclamation
Water and Related Resources
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes $954,085,000 for Water and Related
Resources.
The agreement for Water and Related Resources is shown in
the following table:
[[Page H872]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.306
[[Page H873]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.307
[[Page H874]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.308
[[Page H875]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.309
[[Page H876]]
Central Valley Project, Friant Division, San Joaquin River
Restoration.--The agreement does not include a separate
account for this item. Funding is included in the Water and
Related Resources account as a separate line item under the
Friant Division of the Central Valley Project.
Rural Water.--Voluntary funding in excess of legally
required cost shares for rural water projects is acceptable,
but shall not be used by Reclamation as a criteria for
budgeting in future years.
Additional Funding for Water and Related Resources Work.--
The agreement includes additional funds above the budget
request for Water and Related Resources studies, projects,
and activities. Priority in allocating these funds should be
given to advance and complete ongoing work; improve water
supply reliability; improve water deliveries; enhance
national, regional, or local economic development; promote
job growth; advance tribal and nontribal water settlement
studies and activities; or address critical backlog
maintenance and rehabilitation activities. For rural water
projects, Reclamation shall not use the ability of a non-
Federal sponsor to contribute funds in excess of the
authorized non-Federal cost-share as a criterion for
prioritizing these funds. Not later than 30 days after
enactment of this Act, Reclamation shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report delineating how these funds are to be
distributed, in which phase the work is to be accomplished,
and an explanation of the criteria and rankings used to
justify each allocation.
Indian Water Rights Settlements.--The agreement includes
funds for these activities in the Water and Related Resources
account, instead of in a separate account as proposed in the
budget request. To maintain the visibility of these projects,
the agreement includes the five projects under the Regional
Programs heading with a subheading called Indian Water Rights
Settlements.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $53,288,000 for the Central Valley
Project Restoration Fund.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $37,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $60,000,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting the Bureau of
Reclamation to purchase not more than five passenger vehicles
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding pipeline
reliability standards. Reclamation is reminded again that the
joint explanatory statement accompanying the fiscal year 2012
Act was very specific that Reclamation should not use
Technical Memorandum 8140-CC-2004-1 (``Corrosion
Considerations for Buried Metallic Water Pipe'') as the sole
basis to deny funding or approval of a project or to
disqualify any material from use in highly corrosive soils.
Yet another claim that Reclamation has always been in
compliance with this directive and no changes are necessary
is not a satisfactory response. Therefore, the agreement
includes legislative language reiterating this directive.
Reclamation shall be prepared to submit to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 30 days after enactment of this Act a detailed
plan for complying with the fiscal year 2012 joint
explanatory statement and this agreement.
Concerns persist regarding the appearance of bias in the
efforts to comply with the fiscal year 2012 joint explanatory
statement requirement regarding the assembly and analysis of
data on pipeline reliability. Therefore, Reclamation is
directed to ensure that these efforts are conducted by an
appropriate independent third-party. Concerns also have been
raised that Reclamation may be requiring different
reliability standards for different pipe materials.
Reclamation is directed to report to the Committees not later
than 30 days after enactment of this Act as to the
reliability standards that are being utilized for the
analysis required by the fiscal year 2012 joint explanatory
statement. Prior to completion, the study required and its
underlying analysis shall be subject to an independent peer
review to ensure that the uniform reliability standard, in
addition to the analysis of economics, cost-effectiveness,
and life-cycle costs, is accurate and consistent across all
referenced materials.
If the analysis on pipeline reliability suggests that
changes to Technical Memorandum 8140-CC-2004-1 (``Corrosion
Considerations for Buried Metallic Water Pipe'') are
appropriate, Reclamation is directed to update the
memorandum. Legislative language is included ensuring that
such updates will be subject to peer review and public
review. To avoid even the appearance of bias in this process,
Reclamation shall commission an independent entity to manage
the peer review process (including the selection of peer
reviewers) in accordance with the Office of Management and
Budget document ``Final Information Quality Bulletin for Peer
Review.''
The agreement includes a provision regarding non-Federal
groundwater banking programs.
The agreement includes a provision regarding water
transfers.
The agreement includes a provision extending authorization
of the Reclamation States Emergency Drought Relief Act.
The agreement includes a provision extending authorization
of the Calfed Bay-Delta Authorization Act.
The agreement includes a provision allowing Joint Powers
Authorities to participate in water storage studies.
The agreement includes a provision concerning the Fort
Peck/Dry Prairie, Montana, project.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $27,281,046,000 for the Department
of Energy to fund programs in its five primary mission areas:
science, energy, environment, nuclear non-proliferation, and
national security.
Educational Activities.--The Department is prohibited from
funding fellowship and scholarship programs in fiscal year
2014 unless they were included in the budget justification or
funded within this agreement. Not later than 90 days after
enactment of this Act, the Department shall provide a
comprehensive list of its educational activities funded with
fiscal year 2013 appropriations, including all fellowships,
scholarships, workforce training programs, and primary and
secondary school activities, and to report on the funding
level, purpose, out-year mortgages, and Department account
and program within which the activity resides. This report
shall be submitted in future fiscal years unless contradicted
by the Committees on Appropriations of the House of
Representatives and the Senate.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries
out its programs consistent with congressional direction.
Unless addressed below, the Department shall continue to
follow direction under this heading in the fiscal year 2012
joint explanatory statement. The agreement modifies the
fiscal year 2012 direction by combining notification
provisions carried in previous fiscal years in order to
encourage the Department to submit consolidated, cumulative
notifications to the Committees on Appropriations of the
House of Representatives and the Senate. The agreement also
clarifies direction on multi-year funding agreement
notifications. The notifications are expected to include, at
a minimum, the information provided in the notifications
complying with sections 301(b) and 311 of the Energy and
Water Development Appropriations Act, 2012.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another
within an appropriation.
ENERGY PROGRAMS
Energy Efficiency And Renewable Energy
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
The agreement provides $1,912,104,111 in new budget
authority for Energy Efficiency and Renewable Energy and
rescinds $10,418,111 of prior-year de-obligated balances.
The agreement includes a provision that authorizes the
transfer of up to $45,000,000 to the Defense Production Act
Fund.
Hydrogen and Fuel Cells Technologies.--The agreement
maintains the importance of technology validation, hydrogen
fuels research and development, and market transformation but
provides no further direction regarding these activities.
Bioenergy Technologies.--The Department is directed to
continue conducting only research, development, and
demonstration activities advancing technologies that can
produce fuels and electricity from biomass and crops that
could not otherwise be used as food. For purposes of
allocating resources, the Department is directed to include
biosolids derived from the municipal wastewater treatment
process and other similar renewables within the definition of
noncellulosic forms of biomass energy. The agreement provides
$2,000,000 for the clean cookstoves effort and recognizes
this is the last year of funding for the Department's
specific participation.
Wind Energy.--The agreement maintains the importance of
offshore wind activities that support the development of
technologies more innovative than currently commercially
available, including funds for offshore wind demonstration
projects.
Geothermal Technologies.--For future awards, the full
spectrum of geothermal technologies as authorized by the
Energy Independence and Security Act of 2007 shall be
eligible for the funds appropriated for Geothermal
Technologies by this Act. The Department shall continue its
support of comprehensive programs that support academic and
professional development initiatives. The agreement includes
funds for site selection and characterization for the
Enhanced Geothermal Systems Field Observatory project.
Water Power.--Within available funds, the agreement
provides $41,300,000 for marine and
[[Page H877]]
hydrokinetic technology and $17,300,000 for conventional
hydropower. Of the marine and hydrokinetic technology
funding, no funding is available for the deep-tank wave
testing facility or for the advanced manufacturing
competitiveness initiative. Of the $41,300,000, not less than
$20,000,000 is for competitive demonstrations of marine and
hydrokinetic technologies, which may be in conjunction with
activities at the National Marine Renewable Energy Centers.
Of the $17,300,000 for conventional hydropower, $3,600,000 is
for the purposes of Section 242 of the Energy Policy Act of
2005.
Vehicle Technologies.--The agreement provides the requested
amount of $10,100,000 for the Super Truck program to support
existing contracts. Within available funds, the agreement
recommends a portion of funds be used to research the most
promising Class 8 heavy-duty long-haul truck technologies,
such as alternative fuel or dual-fuel technologies. The
Department is directed to consult with other federal agencies
on collaborative research opportunities and to report its
findings to the Committees on Appropriations of the House of
Representatives and the Senate not later than 100 days after
enactment of this Act. The agreement does not include funding
for competitive demonstrations of electric vehicle deployment
programs. No funding is provided for new activities for
Alternative Fuel Vehicle Community Partner Projects, although
this direction shall not impact any ongoing activities.
Building Technologies.--The agreement provides $25,800,000
for solid state lighting research and development. Within
available funds, up to $10,000,000 is to continue high value
research into energy efficient building systems with national
application. Prior to execution of these funds, the
Department shall ensure that the research has clear and
measurable goals with realistic timeframes to improve the
energy efficiency of buildings and submit the research plan
to the Committees on Appropriations of the House of
Representatives and the Senate. The agreement supports the
Better Buildings Challenge but directs no grants to alliance
members be provided within this program.
Advanced Manufacturing.--The agreement provides $25,000,000
for the third year of funding for the Critical Materials
Energy Innovation Hub and $2,500,000 for the joint additive
manufacturing pilot institute with the Department of Defense.
Within available funds, the agreement includes not less than
$4,205,000 for improvements in production in the steel
industry. The Department is directed to support the
Innovative Manufacturing Initiative to the extent possible
within available funds. The agreement encourages research
that supports development of wide bandgap semiconductor
technologies but provides no further direction for this
activity. The Department is also encouraged to continue its
efforts furthering improvements in mechanical insulation, an
area with the potential to yield significant energy and cost
savings for the industrial, commercial, and manufacturing
sectors.
Federal Energy Management Program.--The agreement includes
$28,265,000.
Weatherization Assistance Program.--The agreement includes
$174,000,000.
State Energy Program.--The agreement includes $50,000,000
and provides no further direction regarding allocation of
these funds.
Program Direction.--The agreement includes $162,000,000.
Strategic Programs.--The agreement provides $23,554,000, of
which $2,000,000 is for the U.S.-Israel energy cooperative
agreement.
Electricity Delivery And Energy Reliability
The agreement provides $147,306,000 for Electricity
Delivery and Energy Reliability. Within available funds, the
Department is directed to support research and development of
cost-competitive transmission components using high-
temperature superconducting and ambient-temperature
conducting materials with increased efficiency, capacity,
durability, longevity, and reliability, as well as to
examine the feasibility of ultraconductive copper
technology.
Within Cyber Security for Energy Delivery Systems, the
agreement provides $5,000,000 to enhance existing full-scale
electric grid testing capabilities to address integration of
wireless technologies, power generation, and communications
and control systems and their combined impact on the
operation of critical infrastructure and cyber security. Not
later than 120 days after enactment of this Act, the
Department shall submit a plan for expenditure, including
out-year costs, to the Committees on Appropriations of the
House of Representatives and the Senate.
Within Infrastructure Security and Energy Restoration, the
agreement provides $2,000,000 for the Operational Energy and
Resilience Program. Prior to execution of these funds, the
Department shall submit a spend plan to the Committees on
Appropriations of the House of Representatives and the
Senate.
Nuclear Energy
The agreement provides $889,190,000 for nuclear energy
activities and includes no funding derived from the Nuclear
Waste Fund.
Nuclear Energy Enabling Technologies.--Within available
funds, the agreement provides $24,300,000 for the fifth year
of the Modeling and Simulation Energy Innovation Hub,
$13,366,000 for Nuclear Energy Advanced Modeling and
Simulation, and $19,563,000 for the National Science User
Facility (NSUF) at Idaho National Laboratory. Additional
funding for the NSUF shall be used to accelerate the
population of the Irradiated Materials Characterization
Laboratory with equipment and shielded cells.
SMR Licensing Technical Support Program.--The agreement
provides $110,000,000 for the Small Modular Reactor (SMR)
Licensing Technical Support Program, of which $85,000,000
shall be for the existing cooperative agreement.
Reactor Concepts Research and Development.--Within
available funds, the agreement provides $23,000,000 for SMR
Advanced Concepts; $30,000,000 for Light Water Reactor
Sustainability; and $60,000,000 for Advanced Reactor
Concepts, of which $33,000,000 shall be for research of the
fuel and graphite qualification program for the High
Temperature Gas Reactor previously funded under the Next
Generation Nuclear Plant line and $12,000,000 shall be for
industry-only competition. Additional funding for Light Water
Reactor Sustainability shall support development of advanced
safety analysis methods for existing light water reactors.
The Department is directed to engage in a rigorous analysis
utilizing its recently integrated high-speed computing or
recently developed advanced modeling and simulation
capabilities to evaluate the benefit of new enhanced accident
tolerant fuels.
Fuel Cycle Research and Development.--The agreement
provides $186,500,000. In lieu of all previous fiscal year
2014 direction, the agreement's direction is limited to
$60,100,000 for the Advanced Fuels program to continue
implementation of accident tolerant fuels development, of
which $3,000,000 shall be to advance promising and innovative
research, including ceramic cladding and other technologies.
Not later than 30 days after enactment of this Act, the
Department shall provide the Committees on Appropriations of
the House of Representatives and the Senate a plan for
development of meltdown-resistant fuels leading to in-reactor
testing and utilization by 2020 as required in the Fiscal
Year 2012 Consolidated Appropriations Act.
Radiological Facilities Management.--Within available
funds, the agreement provides $20,000,000 for hot cells at
Oak Ridge National Laboratory.
Idaho Facilities Management.--The agreement provides an
additional $15,000,000 above the budget request for Idaho
Facilities Management, to include $2,000,000 for fuel
purchases, $3,000,000 for remote monitoring and management of
the Advanced Test Reactor, $2,000,000 for major equipment
replacements, $5,000,000 for required maintenance of hot
cells at the Materials and Fuels Complex, and $3,000,000 for
upgrades related to documented safety analysis.
Idaho Sitewide Safeguards and Security.--The agreement
includes $94,000,000 for Idaho Sitewide Safeguards and
Security, which was funded within Other Defense Activities in
prior fiscal years.
Fossil Energy Research and Development
The agreement provides $562,065,000 for Fossil Energy
Research and Development and includes the use of $8,500,000
of prior-year balances. The Act includes a provision
regarding the vesting of fee title.
Carbon Capture and Storage (CCS) and Power Systems.--The
agreement provides $392,336,000. Funds recommended for CCS
and Power Systems shall be available to continue to advance
the full scope of technologies for the reduction of carbon
emissions conducted at the Department of Energy's National
Carbon Capture Center, including direct carbon capture and
technologies or methods to reduce the cost of or advance the
efficiency or reliability of post-combustion capture
technologies, pre-combustion capture technologies, and oxy-
combustion systems.
The Department is further directed to use funds from CCS
and Power Systems for both coal and natural gas research and
development as it determines to be merited, as long as such
research does not occur at the expense of coal research and
development.
Within Carbon Capture, the agreement includes no funding
for a Natural Gas Capture Prize. Within Carbon Storage, the
agreement includes $10,000,000 for additional support of
enhanced oil recovery technologies and $57,000,000 for
Regional Carbon Sequestration Partnerships. Within Advanced
Energy Systems, the agreement includes not less than
$25,000,000 to continue research, development, and
demonstration of solid oxide fuel cell systems; $8,000,000 to
continue activities improving advanced air separation
technologies; and $5,000,000 for coal-biomass to liquids
activities. Within Cross Cutting Research, the agreement
includes $5,000,000 for the Advanced Ultrasupercritical
Program and not less than $5,000,000 for water management
research and development.
Within NETL Coal Research and Development, the agreement
includes $15,000,000 to perform an assessment and analysis of
the feasibility of economically recovering rare earth
elements from coal and coal byproduct streams, such as fly
ash, coal refuse, and aqueous effluents. The Department is
directed to report its findings and, if determined feasible,
to outline a multi-year research and development program for
recovering rare earth elements from coal and coal byproduct
streams to the Committees on Appropriations of the House of
Representatives and the Senate not later than 12 months after
enactment of this Act.
Natural Gas Technologies.--Within available funds, the
agreement provides $8,000,000 for ongoing methane hydrates
research and development and $12,600,000 for collaborative
research and development regarding hydraulic fracturing, to
include $2,200,000 for the
[[Page H878]]
Department to continue the Risk Based Data Management System.
Any funding in the area of hydraulic fracturing, including
funding to support the proposed joint effort with the
Environmental Protection Agency and the United States
Geological Survey, is for research into hydraulic fracturing
technologies that aims both to improve the economics and
recoverability of reserves and to address the health, safety,
and environmental risks of shale gas extraction. Not more
than $6,000,000 shall be made available for the joint
research effort with the Environmental Protection Agency and
the United States Geological Survey until the Department
submits a finalized interagency research plan to the
Committees on Appropriations of the House of Representatives
and the Senate.
Unconventional Technologies.--The agreement provides
$15,000,000, of which $10,000,000 shall be for activities to
improve the economic viability, safety, and environmental
responsibility of offshore exploration and production in
challenging conditions, of exploration and production from
unconventional natural gas and other petroleum resources, and
of production by small producers.
Naval Petroleum and Oil Shale Reserves
The agreement provides $20,000,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement provides $189,400,000 for the Strategic
Petroleum Reserve. The Department has continued to ignore the
statutory directive in Public Law 111-8 to submit a report to
Congress regarding the effects of expanding the Reserve on
the domestic petroleum market by April 27, 2009. The
Department has not yet submitted the report, and continues to
fail to meet other congressionally mandated deadlines without
explanation or cause. Although now nearly 4\1/2\ years
delayed, the information requested in the report continues to
be pertinent to policy decisions, and the Secretary is
directed to submit the report as expeditiously as possible.
The Department's seeming unwillingness or inability to
implement a law enacted in 2009 is concerning.
Northeast Home Heating Oil Reserve
The agreement provides $8,000,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $117,000,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $231,765,000 for Non-Defense
Environmental Cleanup. The agreement includes the use of
$2,206,000 of prior-year balances.
Small Sites.--The agreement provides $38,000,000 to
accelerate the removal of uranium mill tailings at Moab. The
Department is directed to use $17,800,000 to improve health
and safety by continuing to clean up existing contamination
and improving the seismic standards of buildings within
Department laboratory grounds. The Department is further
directed to use up to $1,000,000 to develop a plan and cost
estimate for a phased approach that addresses the remaining
cleanup requirements at the Southwest Experimental Fast Oxide
Reactor to be submitted to the Committees on Appropriations
of the House of Representatives and the Senate by May 1,
2014.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $598,823,000 for activities funded
from the Uranium Enrichment Decontamination and
Decommissioning Fund.
Science
The agreement provides $5,071,000,000 for the Office of
Science. The Act includes a provision regarding United States
cash contributions to the International Thermonuclear
Experimental Reactor (ITER) Organization. The agreement does
not include the use of prior-year balances. The Secretary of
Energy is directed to provide to the Committees on
Appropriations of the House of Representatives and the
Senate, not later than 120 days after enactment of this Act,
a detailed plan on recruitment and retention of diverse
talent that includes outreach and recruitment programs at
Historically Black Colleges and Universities and other
Minority Serving Institutions.
Advanced Scientific Computing Research.--Within available
funds, the agreement provides $93,000,000 for the Oak Ridge
Leadership Computing Facility, $67,000,000 for the Argonne
Leadership Computing Facility, $65,605,000 for the National
Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory, $32,608,000 for the Energy
Sciences Network, and not less than $76,000,000 for the
exascale initiative. The agreement addresses the
Computational Sciences Graduate Fellowship Program under the
Workforce Development for Teachers and Scientists heading.
Basic Energy Sciences.--Within available funds, the
agreement includes $24,237,000 for the fifth year of the
Fuels from Sunlight Innovation Hub, $24,237,000 for the
second year of the Batteries and Energy Storage Innovation
Hub, $10,000,000 for the Experimental Program to Stimulate
Competitive Research, and up to $100,000,000 for Energy
Frontier Research Centers.
For scientific user facilities, the agreement provides
$45,000,000 for major items of equipment, to include
$20,000,000 for the Advanced Photon Source Upgrade and
$25,000,000 for National Synchrotron Light Source II (NSLS-
II) Experimental Tools. For facilities operations, the
agreement provides $778,785,000 for Synchrotron Radiation
Light Sources, High-Flux Neutron Sources, and Nanoscale
Science Research Centers, to include $56,000,000 for early
operations of NSLS-II at Brookhaven National Laboratory. The
agreement also includes $37,400,000 for Other Project Costs,
including $10,000,000 for the LINAC Coherent Light Source II
(LCLS-II).
For construction, the agreement provides $75,700,000 for
LCLS-II at SLAC National Accelerator Laboratory to account
for the project's revised baseline cost, schedule, and scope.
The agreement includes no direction regarding a novel free-
electron laser array light source.
Biological and Environmental Research.--Within available
funds, the agreement provides $75,000,000 for the second year
of the second five-year term of the three BioEnergy Research
Centers, $5,000,000 to continue nuclear medicine research
with human applications, and $500,000 for the Department to
engage universities more directly in climate analysis.
Fusion Energy Sciences.--The agreement includes
$305,677,000 for the domestic fusion program. Within
available funds, the agreement provides $62,550,000 for the
National Spherical Torus Experiment, of which $22,250,000 is
for research, $16,600,000 is for operations, and $23,700,000
is for major items of equipment; $75,160,000 for DIII-D, of
which $31,200,000 is for research and $43,960,000 is for
operations; and $22,260,000 for operations and research at
Alcator C-Mod.
Furthermore, above the budget request, the agreement
provides an additional $1,700,000 for International Research,
$8,500,000 for High Energy Density Laboratory Physics,
$3,500,000 for Theory, $2,500,000 for Science Discovery
through Advanced Computing, $5,000,000 for General Plant
Projects, $3,000,000 for Enabling Research and Development,
$2,500,000 for heavy ion fusion research, and $3,000,000 to
support increased computational and advanced measurement
capabilities for validated fusion simulation development. Not
later than 180 days after enactment of this Act, the
Department shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a plan with
research goals and resource needs to implement a Fusion
Simulation program.
The agreement provides $200,000,000 for the U.S.
contribution to the ITER project and establishes a new
congressional reprogramming control point.
Not later than 12 months after enactment of this Act, the
Department shall submit a ten-year strategic fusion plan to
the Committees on Appropriations of the House of
Representatives and the Senate. The ten-year plan should
assume U.S. participation in ITER and assess priorities for
the domestic fusion program based on three funding scenarios
with the fiscal year 2014 enacted level as the funding
baseline: (1) modest growth, (2) budget growth based only on
a cost-of-living-adjusted fiscal year 2014 budget, and (3)
flat funding. The January 2013 Nuclear Science Advisory
Committee report on priorities for nuclear physics used
similar funding scenarios and should serve as a model for
assessing priorities for the fusion program.
High Energy Physics.--Within available funds, the agreement
provides $15,000,000 to support minimal, sustaining
operations at the Homestake Mine in South Dakota, $9,931,000
for Accelerator Stewardship, and $26,000,000 for the Long
Baseline Neutrino Experiment (LBNE), to include $10,000,000
for research and development and $16,000,000 for project
engineering and design. The agreement includes no funds for
long-lead procurements or construction activities for the
LBNE project.
Nuclear Physics.--Within available funds, the agreement
provides $165,224,000 for Relativistic Heavy Ion Collider
operations to support a standalone run of approximately 22
weeks. The agreement also includes $55,000,000 for the
Facility for Rare Isotope Beams (FRIB) at Michigan State
University and establishes a new congressional reprogramming
control point.
Workforce Development for Teachers and Scientists.--The
agreement provides $26,500,000. Within available funds, the
agreement includes an additional $10,000,000 to support
Science, Technology, Engineering, and Mathematics (STEM)
programs that were proposed to be terminated in association
with the Administration's interagency STEM consolidation
plan. Prior to execution of these additional funds, the
Department shall submit a spend plan to the Committees on
Appropriations of the House of Representatives and the
Senate.
Advanced Research Projects Agency--Energy
The agreement provides $280,000,000 for the Advanced
Research Projects Agency--Energy.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides $42,000,000 for administrative
expenses for the Title 17 Innovative Technology Loan
Guarantee Program. This amount is offset by estimated
revenues of $22,000,000, resulting in a net appropriation of
$20,000,000.
[[Page H879]]
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $6,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Departmental Administration
The agreement provides $234,637,000 for Departmental
Administration.
Office of the Inspector General
The agreement provides $42,120,000 for the Office of the
Inspector General.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $11,207,000,000 for the National
Nuclear Security Administration (NNSA).
Additional Actions to Address Security of Nuclear
Materials.--The Department is directed to retain a respected
independent organization with expertise in defense and
security matters, such as the Institute for Defense Analysis,
to conduct a comprehensive review of options for security
management reform, including federalization of protective
forces, and provide recommendations on organizational models
for securing the Department's sites with Category I special
nuclear materials that might improve security effectiveness
and reduce costs. The group shall provide a report with the
results of its analysis to the Committees on Appropriations
of the House of Representatives and the Senate not later than
180 days after enactment of this Act.
Weapons Activities
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $7,845,000,000 for Weapons
Activities. The agreement includes a rescission of
$64,000,000 of prior-year balances and a provision
restricting the amounts available for B83 Stockpile Systems
to not more than $40,000,000 until the Nuclear Weapons
Council certifies that the B83 gravity bomb will be retired
by fiscal year 2025, or as soon as confidence in the B61-12
stockpile is gained. The certification is intended to hold
the Administration to its current plan to retire the B83
gravity bomb by 2025, by which time the NNSA estimates it
will establish confidence in the long term safety, security,
and reliability of the B61-12 stockpile. However, the
certification requirement recognizes that unforeseen
technical issues may delay the date upon which confidence is
established, and thus allows the NNSA to address that
possibility.
The agreement includes a general provision that establishes
clear expectations for the level of detail required to be
submitted to the Defense Committees with respect to a major
warhead refurbishment upon approval of Phase 6.3 and
clarifies that the reporting requirement applies to the
ongoing B61 life extension program. This provision supersedes
previous reporting requirements for further analysis of the
B61 life extension program alternatives.
Insensitive High Explosives.--The NNSA is directed to
employ the JASONs defense advisory group to assess the
feasibility, certification risks, and other factors to be
considered in replacing conventional high explosives with
insensitive high explosives in all future life extension
programs, and to report to the Committees on Appropriations
of the House of Representatives and the Senate not later than
October 30, 2014, instead of previous direction. In
conjunction with the result of the JASONs assessment, the
NNSA shall provide a cost/benefit analysis of using
insensitive high explosives in all systems, the certification
strategy required to repurpose pits to carry out such
conversions, and any other programmatic changes that might
justify this approach.
W78 Life Extension Program.--The agreement provides
$38,000,000 to continue to study options to extend the life
of the W78.
Production Support.--The agreement provides $345,000,000
and includes funding to modernize production capabilities as
in previous years, instead of providing funding for these
activities in a new budget structure as in the budget
request.
Tritium Readiness.--The agreement provides $80,000,000
within Directed Stockpile Work and does not include further
restrictions on the use of funding for these activities. The
agreement includes a general provision for submission of a
tritium and enriched uranium plan which supersedes previous
tritium reporting requirements.
Inertial Confinement Fusion Ignition and High Yield
Campaign.--The agreement provides $513,957,000. Within this
amount, not less than $64,000,000 shall be for Omega at the
University of Rochester and not less than $329,000,000 shall
be for the National Ignition Facility, of which up to
$30,000,000 may be made available for the Advanced
Radiographic Capability.
Advanced Simulation and Computing Campaign.--The agreement
provides $569,329,000. Within this amount, not less than
$35,000,000 shall be for the exascale effort.
Readiness in Technical Base and Facilities (RTBF).--The
agreement provides $2,067,425,000 and continues funding for
projects and activities within RTBF as in previous years,
instead of funding these activities in a new budget structure
as in the budget request. Funding for maintenance and
infrastructure recapitalization that was included within
Operations of Facilities in previous years has been
separately distinguished to provide greater transparency. The
NNSA is directed to submit a full list of projects and
activities to be funded under Maintenance and Repair and
Recapitalization in fiscal year 2014 to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 30 days after enactment of this Act. The NNSA
is further directed to submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
that explains the costs and benefits for a pit environmental
testing capability at Lawrence Livermore National Laboratory
not later than May 1, 2014.
The NNSA shall submit to the Committees on Appropriations
of the House of Representatives and the Senate not later than
90 days after enactment a long-term plan, including time-
lines and cost requirements, for the final disposition of the
Bannister Federal Complex.
Uranium Processing Facility.--The agreement provides
$309,000,000 to support the full funding requirements for
continued facility design and is an adjustment due to the
Department of Energy's recent decision to consider additional
alternatives to meet the uranium infrastructure needs at Y-12
that might save costs and lead to a replacement facility for
Building 9212 in a shorter period of time.
Site Stewardship.--The agreement provides $87,326,000.
Within these funds, $14,531,000 is provided for the Minority
Serving Institution Partnerships Program. The agreement
provides funding to continue Corporate Project Management.
However, the NNSA is directed to include future funding
requests for this activity under the Office of the
Administrator and to submit to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 180 days after enactment of this Act a report
that describes NNSA's plans for improving the skills of
federal project managers and provides a timeframe for
completing the transition from reliance on outside
contractors to a highly skilled federal workforce that can
provide effective project oversight.
Safeguards and Security.--The agreement does not include a
reporting requirement on overhead rates and contracting for
protective forces at Y-12. Within the amounts provided in the
table under Information Technology and Cyber Security,
$105,441,000 is provided for Cyber Security.
Domestic Uranium Enrichment Research, Development, and
Demonstration.--The agreement provides $62,000,000 within
Weapons Activities to continue the Domestic Uranium
Enrichment Research, Development, and Demonstration project.
Funding was included within Defense Nuclear
Nonproliferation in prior years. Additional funding in
fiscal year 2014 shall be considered only after submission
of a request to transfer funds and approval by the
Committees on Appropriations of the House of
Representatives and the Senate, and the Act contains a
provision which provides special transfer authority for
this purpose. The Department has yet to provide a clear
explanation of its strategy to ensure the continued supply
of tritium and enriched uranium to meet defense needs.
Therefore, the agreement includes a general provision that
requires the Department to submit a full accounting of its
plans not later than June 30, 2014.
Defense Nuclear Nonproliferation
The agreement provides $1,954,000,000 for Defense Nuclear
Nonproliferation. The agreement includes the use of
$55,000,000 of prior-year balances.
Nonproliferation and International Security.--The agreement
provides no funding for the Global Security through Science
Partnerships program. Within available funds, the NNSA may
use up to $5,000,000 to assist in implementing International
Atomic Energy Agency nuclear safeguards in Iran.
Mixed Oxide (MOX) Fuel Fabrication Facility.--The agreement
provides $343,500,000. The Department of Energy is directed
to undertake a root cause analysis that identifies the
underlying causes of the cost increases for the MOX and Waste
Solidification Building projects and that includes the
identification and prioritization of recommended solutions
and corrective measures. The Department shall submit a report
on the results of its analysis to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 180 days after enactment of this Act.
Global Threat Reduction Initiative (GTRI).--The agreement
specifies new reprogramming controls and does not include a
further distribution of funding within GTRI.
Naval Reactors
The agreement provides $1,095,000,000 for Naval Reactors.
Within this amount, the agreement provides $66,500,000 for
Advanced Test Reactor Operations.
Office of the Administrator
The agreement provides $377,000,000 for the Office of the
Administrator.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $5,000,000,000 for Defense
Environmental Cleanup.
Outstanding Risks to Public Health and Safety.--The
Department is directed to retain a respected outside group,
such as the National Academy of Sciences, to rank and rate
the relative risks to public health and safety of the
Department of Energy's remaining environmental cleanup
liabilities.Additionally, the group should undertake an
analysis of how effectively the Department of Energy
identifies, programs, and executes its plans to address those
risks, as well as how effectively the Defense Nuclear
Facilities Safety
[[Page H880]]
Board identifies and elevates the nature and consequences of
potential threats to public health and safety at the defense
environmental cleanup sites. The group shall provide a report
to the Committees on Appropriations of the House of
Representatives and the Senate not later than one year after
enactment of this Act.
Hanford.--The agreement provides $941,000,000 to accelerate
cleanup activities at the Hanford site and does not include
further direction on the use of funding at the Plutonium
Finishing Plant.
NNSA Sites.--The agreement provides $314,676,000 for
cleanup activities at NNSA sites. Within this amount,
$224,789,000 is for Los Alamos National Laboratory and
Miscellaneous Programs and Agreements in Principle.
U-233 Disposition Program.--The agreement provides
$45,000,000 to expedite the removal and disposition of
special nuclear materials stored in Building 3019 due to
continued safety and security risks. The Department is
directed to discontinue funding under OR-0011Z Downblend of
U-233 in Building 3019 and to establish a new funding line to
provide for the costs of storage and transport of materials,
maintenance of Building 3019, maintenance and upgrade of
Building 2026, and any other costs that are needed to support
ultimate disposition of the legacy materials. Not later than
90 days after enactment of this Act, the Department shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a life-cycle cost estimate for
the U-233 Disposition Program that supports removal of all U-
233 from Oak Ridge by 2019 and that includes an analysis of
the cost and schedule implications if the Department cannot
dispose of the Consolidated Edison Uranium Solidification
Project material at the Nevada National Security Site as
previously planned.
Outfall 200 Mercury Treatment Facility.--The agreement
provides $4,608,000 for project engineering and design for a
water treatment system to reduce mercury concentrations in
Upper East Fork Poplar Creek.
Waste Treatment and Immobilization Plant (WTP).--The
agreement provides $690,000,000 for WTP within existing
reprogramming controls. The Department is directed to request
approval from the Committees on Appropriations of the House
of Representatives and the Senate prior to restarting any
construction activities on the Pretreatment Facility. The
Department is further directed to ensure that new project
scope supporting direct feed and commissioning and startup
activities are separately identified in the budget request
and executed in accordance with DOE O 413.3B, consistent with
project management best practices.
Savannah River.--The agreement provides $1,134,234,000 and
does not include further direction beyond the amounts
specified in the table for Savannah River activities.
Salt Waste Processing Facility (SWPF).--The agreement
provides $125,000,000 for SWPF, including commissioning,
startup, and Other Project Costs. The Department is directed
to fund all supporting commissioning and startup activities
within SWPF project funding, consistent with the original
approved project scope, and to ensure those activities are
executed in accordance with DOE O 413.3B.
Other Defense Activities
The agreement provides $755,000,000 for Other Defense
Activities. Funding for Idaho Site-Wide Safeguards and
Security is provided in the Nuclear Energy account, as
requested.
Power Marketing Administrations
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration. The agreement includes
legislative language regarding funds for official reception
and representation expenses.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $11,892,000
for the Southwestern Power Administration.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $95,930,000
for the Western Area Power Administration. The agreement
includes legislative language permanently authorizing the
voluntary purchases of power allowances in compliance with
state greenhouse gas programs existing at the time of
enactment of this Act. An additional $15,000,000 is recorded
separately as scorekeeping adjustments.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $420,000 for
the Falcon and Amistad Operating and Maintenance Fund. The
agreement includes legislative language authorizing the
acceptance and use of contributed funds in fiscal year 2014
for operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at the
Falcon and Amistad Dams. An additional $2,000,000 is recorded
separately as scorekeeping adjustments.
Federal Energy Regulatory Commission
Salaries and Expenses
The agreement provides $304,600,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by the Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for
certain multi-year ``Energy Programs'' activities without
notification; and prohibits the obligation or expenditure of
funds provided in this title through a reprogramming of funds
except in certain circumstances.
The agreement includes a provision relating to unexpended
balances.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of
section 504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds provided under this title to approve critical decision-
2 or critical decision-3 for certain construction projects,
unless a separate independent cost estimate has been
developed for that critical decision.
The agreement includes a provision relating to limiting the
validity of uranium adverse material impact determinations
and notification requirements for uranium transactions.
The agreement includes a provision amending the frequency
with which a certain review is required.
The agreement includes a provision prohibiting the
implementation of section 407 of division A of the American
Recovery and Reinvestment Act of 2009.
The agreement includes a provision standardizing the
availability of funds for certain research and development
activities.
The agreement includes a provision prohibiting the Office
of Science from entering into multi-year funding agreements
with a value below a specific threshold.
The agreement includes a provision requiring a plan for
tritium and enriched uranium.
The agreement includes a provision requiring analysis of
alternatives for warhead life extension programs.
The agreement includes a provision expanding the Department
of Energy's appointment authority for well-qualified
individuals, within limitations.
The agreement includes a provision repealing section 804 of
Public Law 110-140.
The agreement includes a provision amending section 205 of
Public Law 95-91.
The agreement includes a provision regarding New Brunswick
Laboratory.
The agreement includes a provision reducing contractor
foreign travel.
The agreement includes a provision relating to first tier
subcontracts.
The agreement includes a provision relating to a laboratory
commission.
The agreement includes a provision relating to waiver or
adjustment notification.
The agreement includes a provision regarding transfer
authority in support of national nuclear security-related
enrichment technologies.
The agreement includes a provision prohibiting funds to
implement or enforce higher efficiency light bulb standards.
[[Page H881]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.310
[[Page H882]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.311
[[Page H883]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.312
[[Page H884]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.313
[[Page H885]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.314
[[Page H886]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.315
[[Page H887]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.316
[[Page H888]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.317
[[Page H889]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.318
[[Page H890]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.319
[[Page H891]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.320
[[Page H892]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.321
[[Page H893]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.322
[[Page H894]]
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement includes $80,317,000 for the Appalachian
Regional Commission. To diversify and enhance regional
business development, an additional $10,000,000 is provided
above the budget request for a program of high-speed
broadband deployment in distressed counties within the
Central Appalachian region that have been most negatively
impacted by the downturn in the coal industry. This funding
shall be in addition to the 30 percent directed to distressed
counties.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $28,000,000 for the Defense Nuclear
Facilities Safety Board (DNFSB).
The agreement includes funding to establish inspector
general services for the DNFSB under the Office of Inspector
General of the Nuclear Regulatory Commission.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement includes $12,000,000 for the Delta Regional
Authority.
Denali Commission
The agreement includes $10,000,000 for the Denali
Commission.
Northern Border Regional Commission
The agreement includes $5,000,000 for the Northern Border
Regional Commission.
Southeast Crescent Regional Commission
The agreement includes $250,000 for the Southeast Crescent
Regional Commission.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $1,043,937,000 for the Nuclear
Regulatory Commission (NRC) salaries and expenses. This
amount is offset by estimated revenues of $920,721,000,
resulting in a net appropriation of $123,216,000.
The agreement provides not more than $9,500,000 for the
Office of the Commission.
The agreement includes $10,000,000 to support university
education programs relevant to the NRC mission and $5,000,000
for grants to support research projects that do not align
with programmatic missions but are critical to maintaining
the discipline of nuclear science and engineering.
OFFICE OF INSPECTOR GENERAL
The agreement includes $11,955,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $9,994,000, for a net
appropriation of $1,961,000.
The agreement includes a provision to permanently authorize
the Inspector General of the Nuclear Regulatory Commission to
execute the duties and responsibilities in the Inspector
General Act of 1978 with respect to the Defense Nuclear
Facilities Safety Board. The agreement provides $850,000 to
carry out these responsibilities in fiscal year 2014.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,400,000 for the Nuclear Waste
Technical Review Board.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
The agreement includes $1,000,000 for the Office of the
Federal Coordinator for Alaska Natural Gas Transportation
Projects.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision permanently authorizing
the Inspector General of the Nuclear Regulatory Commission to
provide Inspector General services to the Defense Nuclear
Facilities Safety Board.
The agreement includes a provision requiring reporting on
the use of emergency authority.
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
TITLE V--GENERAL PROVISIONS
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision prohibiting the
government from entering into contracts or agreements with
any corporation that was convicted of a felony criminal
violation under any federal law within the preceding 24
months.
The agreement includes a provision prohibiting funds for
contracts or agreements with entities with unpaid federal tax
liabilities that have not entered into payment agreements to
remedy the liability.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this
provision, the term ``transfer'' shall mean the shifting of
all or part of the budget authority in one account to
another. In addition to transfers provided in this Act or
other appropriations Acts, and existing authorities, such as
the Economy Act (31 U.S.C. 1535), by which one part of the
United States Government may provide goods or services to
another part, the Act allows transfers using Section 4705 of
the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C.
638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled
``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations.''
[[Page H895]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.323
[[Page H896]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.324
[[Page H897]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.325
[[Page H898]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.326
[[Page H899]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.327
[[Page H900]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.328
[[Page H901]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.329
[[Page H902]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.330
[[Page H903]]
Division E--Financial Services and General Government Appropriations
Act, 2014
Language included in House Report 113-172 or Senate Report
113-80 that is not changed by this explanatory statement is
approved. This explanatory statement, while repeating some
report language for emphasis, is not intended to negate the
language in the referenced House and Senate committee reports
unless expressly provided herein.
Where the House or Senate has directed submission of a
report, that report is to be submitted to the House and the
Senate Appropriations Committees.
Within the fiscal year 2015 budget justification materials
submitted to the Committees on Appropriations, each executive
agency covered in this division is directed to include a
separate table briefly describing the top management
challenges for fiscal year 2014 as identified by the agency
inspector general, together with an explanation of how the
fiscal year 2015 budget request addresses each such
management challenge.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $312,400,000 for departmental offices
salaries and expenses.
Within the amount provided under this heading, $102,000,000
is for the Office of Terrorism and Financial Intelligence
(TFI) of which no more than $26,000,000 is for administrative
expenses. The bill also provides $7,400,000 to audit,
oversee, and administer the Gulf Coast Restoration Trust
Fund.
Economic Sanctions and Divestments.--The Department of the
Treasury will fully implement sanctions and divestment
measures applicable to North Korea, Belarus, Syria, Iran,
Sudan, Zimbabwe and designated rebel groups operating in and
around the Democratic Republic of Congo. The Department will
promptly notify the House and the Senate Appropriations
Committees of any resource constraints that adversely impact
the implementation of these sanctions programs.
Iran Sanctions Act.--The Department of the Treasury will
post online and disseminate publicly a list of those
companies that are not compliant with the Iran Sanctions Act
as well as any foreign entities doing business with the Iran
Revolutionary Guard Corps.
General Licenses for Humanitarian Assistance.--The
reportedly slow response of the Department of the Treasury's
Office of Foreign Assets Control (OFAC) to urgent requests in
2011 for a General License from humanitarian non-governmental
organizations seeking to provide aid to famine victims in
south central Somalia is an ongoing concern. Not later than
45 days after enactment of this Act, OFAC shall submit to the
Committees on Appropriations recommendations for reducing
response times for such applications.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,725,000 for the Department-Wide
Systems and Capital Investments Programs. Within this amount,
$1,500,000 is for cyber security.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $34,800,000 for the Office of Inspector
General. Within this amount, $2,800,000 is for RESTORE Act
audits and investigations.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $156,375,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $34,923,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program (SIGTARP).
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $112,000,000 for salaries and expenses of
the Financial Crimes Enforcement Network.
Treasury Forfeiture Fund
(RESCISSION)
The bill includes a rescission of $736,000,000 of the
unobligated balances in the Treasury Forfeiture Fund.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $360,165,000 for salaries and expenses of
the Bureau of the Fiscal Service. The bill adopts the
proposed merger of the accounts for the Financial Management
Service (FMS) and the Bureau of the Public Debt (BPD). The
bill provides $8,740,000 for expenses related to the merger
of FMS and BPD, and provides $165,000 to be derived from the
Oil Spill Liability Trust to reimburse Fiscal Service
personnel for financial management of the fund.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $99,000,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau. Within this
amount, $2,000,000 is for the cost of special law enforcement
agents to target tobacco smuggling and other criminal
diversion activities.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $19,000,000 in new
liabilities and obligations may be incurred during fiscal
year 2014 for circulating coinage and protective service
capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $226,000,000 for the Community
Development Financial Institutions (CDFI) Fund program.
Within this amount, up to $24,636,000 is for administrative
expenses; $15,000,000 is for technical assistance and other
purposes for Native American, Native Hawaiian, and Alaskan
Native communities; $22,000,000 is for the Healthy Food
Financing Initiative; and $18,000,000 is for the Bank
Enterprise Award program. The bill limits the total loan
principal for the Bond Guarantee program to $750,000,000.
Bureau of Engraving and Printing
The Bureau of Engraving and Printing, the Treasury Office
of Inspector General, and the Government Accountability
Office shall include, in reports required by the Senate,
strategies for minimizing the cost of developing currency
with accessibility features.
Internal Revenue Service
Training.--Not later than 90 days after the date of
enactment of this Act, the Commissioner shall submit to the
House and the Senate Appropriations Committees a report on
how agency components determine training needs, develop
training curricula, select employees and supervisors to
attend training, choose the source and delivery of the
training, evaluate training results, and incorporate training
into their budget requests and performance outcomes. The
report should describe the internal controls that are used to
ensure that training is job-related and a summary of the
topics covered during and expenditures for training for the
prior, current, and budget year (by appropriation account and
agency component).
Bonuses.--Not later than 30 days after the date of
enactment of this Act, the Commissioner shall submit to the
House and the Senate Appropriations Committees a report for
the prior, current, and budget year (by appropriation
account) of each component's total number of executive and
non-executive staff, and their respective salaries, and each
component's total number of bonuses and awards for executive
and non-executive staff, and their respective amounts.
The report shall also describe how the IRS uses bonuses and
awards to improve employee productivity and performance.
Finally, the report shall describe the internal controls used
to ensure that employee bonuses and awards are used
appropriately.
IRS Manual.--The IRS shall submit to the House and the
Senate Appropriations Committees an organization, mission,
and functions manual each year with its budget justification,
with the first manual due 120 days after the date of
enactment of this Act. The manual shall include IRS
organization chart; a description of each component's mission
and responsibilities; an organization chart and field office
map for each component; and the funding and full-time
equivalents and positions and workload for the prior year,
current year, and budget year for each box of the component's
organization chart.
Obligations and Employment.--Not later than 45 days after
the end of each quarter, the Internal Revenue Service shall
submit reports on its activities to the House and the Senate
Committees on Appropriations. The reports shall include
information about the obligations made during the previous
quarter by appropriation, object class, office, and activity;
the estimated obligations for the remainder of the fiscal
year by appropriation, object class, office, and activity;
the number of full-time equivalents within each office during
the previous quarter; and the estimated number of full-time
equivalents within each office for the remainder of the
fiscal year.
TAXPAYER SERVICES
The bill provides $2,122,554,000 for Internal Revenue
Service (IRS) Taxpayer Services. Within the overall amount,
not less than $10,000,000 is for low-income taxpayer clinic
grants, not less than $5,600,000 is for the Tax Counseling
for the Elderly program, not less than $203,000,000 is
provided for operating expenses of the IRS Taxpayer Advocate
Service, of which not less than $5,000,000 is for identity
theft casework.
In addition, within the overall amount provided, not less
than $12,000,000, available until September 30, 2015, is
included for the Community Volunteer Income Tax Assistance
(VITA) matching grants program.
ENFORCEMENT
The bill provides $5,022,178,000 for Enforcement.
Payroll Service Provider Fraud.--The IRS is directed to
intensify its scrutiny of questionable practices of payroll
service providers and continue to inform taxpayers of their
responsibility for payment of all Federal and State
employment taxes notwithstanding any contractual relationship
with a payroll service provider. The IRS is directed to
report to the Committees on Appropriations within 90 days of
enactment on (1) what data is currently collected on
delinquent payroll service providers, (2) how this data is
currently being used to prevent fraud, and (3) what the IRS
would do with this data if given additional resources for
this purpose. The bill includes an administrative provision
requiring that the IRS issue a notice of confirmation of any
address change relating to
[[Page H904]]
an employer making employment tax payments, and that such
notice be sent to both the employer's former and new address
and requires that 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.
The bill includes sections 107 and 108 to prevent any funds
in the Act from being used to target either groups for
regulatory scrutiny based on their ideological beliefs or
citizens for exercising their First Amendment rights. The
IRS' new management is expected to implement the Treasury
Inspector General for Tax Administration recommendations
regarding the inappropriate criteria being used to identify
tax-exempt applications for review, including providing
transparency into the application review process, ensuring
internal controls and management oversight over the
application process, and ensuring that IRS staff receive
training before each Federal election cycle to properly and
expeditiously process applications. The bill specifically
designates not less than $200,000 for training employees in
the Tax Exempt Unit.
House report language regarding a Tax Enforcement Blueprint
is not adopted.
OPERATIONS SUPPORT
The bill provides $3,740,942,000 for Operations Support.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $312,938,000 for Business Systems
Modernization.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayer rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 prohibits funds for videos unless reviewed in
advance by the IRS' Video Editorial Board for cost, topic,
tone, and purpose.
Section 106 requires the IRS to issue notices to employers
of any address change request and to give special
consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 107 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 108 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 109 provides $92,000,000 to improve the delivery of
services to taxpayers, to prevent refund fraud and identity
theft, and to address international and offshore compliance
issues.
None of the funds are to implement the Affordable Care Act
and the Commissioner is required to submit a spend plan.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following provisions:
Section 110 allows Treasury to use funds for certain
specified expenses.
Section 111 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices, except the
IRS and the Community Development Financial Institutions
Fund.
Section 112 allows for the transfer of up to 2 percent from
the IRS accounts to Treasury Inspector General for Tax
Administration.
Section 113 prohibits funding to redesign the $1 note.
Section 114 allows for the transfer of funds from the
Bureau of Fiscal Service, Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 115 prohibits funds to build a United States Mint
museum without the approval of the House and the Senate
Appropriations Committees and the authorizing committees of
jurisdiction.
Section 116 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the House and
the Senate Appropriations Committees and the authorizing
committees of jurisdiction.
Section 117 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2014 intelligence authorization
act.
Section 118 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 119 requires the Secretary to submit a Capital
Investment Plan.
Section 120 requires the Office of Financial Research and
Office of Financial Stability Oversight to submit quarterly
reports.
Section 121 requires a Working Capital Fund report.
The removal of Senate Section 116 is not intended to make,
and should not be relied upon as, any change to policies,
procedures, or processes under current law, executive order,
OMB memorandum, or Treasury order or directive regarding the
purchase of law enforcement vehicles.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $55,000,000 for the salaries and expenses
of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $12,700,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $750,000 for repair, alteration and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,184,000 for the salaries and expenses
of the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,600,000 for the salaries and expenses
of the National Security Council and Homeland Security
Council.
Office of Administration
SALARIES AND EXPENSES
The bill provides $112,726,000 for the salaries and
expenses of the Office of Administration. The bill includes
not to exceed $12,006,000, to remain available until
expended, for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $89,300,000 for the salaries and expenses
of the Office of Management and Budget (OMB).
Agency staffing decisions should be based on agency
workload and the level of funds made available rather than
pre-determined formulaic reductions. Decisions to backfill
vacant positions should be based on the number of staff with
the combination of skills and qualifications necessary to
carry out the agency's mission within available funding
levels. The OMB Director shall report within 60 days of
enactment of this Act to the House and the Senate
Appropriations Committees on any agencies not adhering to the
policies mentioned above.
The head of each agency, as defined in section 306(f) of
title 5, should, in preparing funding requests as part of the
President's annual budget, and in consultation with the
Government Accountability Office, directly link the agency's
performance plan under 31 U.S.C. 1115(b) and performance
goals designated as agency priority goals under 31 U.S.C.
1120(b) to such funding requests. Performance measures in
future budget justifications should clearly demonstrate the
extent to which performance reporting under 31 U.S.C 1116
demonstrates that prior year investments in programs,
projects, and activities are tied to progress toward
achieving performance and priority goals and include
estimates for how proposed investments will contribute to
additional progress. In particular, performance measures
should examine outcome measures, output measures, efficiency
measures and customer service measures as defined in 31 U.S.C
1115(h).
The OMB is directed to issue guidance, consistent with
section 735 of division D of the Omnibus Appropriations Act,
2009, Public Law 111-8, and section 739(a)(1) of division D
of the Consolidated Appropriations Act, 2008 (Public Law 110-
161), and section 327 of the 2008 National Defense
Authorization Act (Public Law 110-181), regarding use of
direct conversions to contract out, in whole or in part,
activities or functions last performed by Federal employees.
In lieu of House report language regarding the submission
of quarterly reports on obligations by object class and full-
time equivalents (FTE), OMB is directed to submit quarterly
reports to the House and Senate Appropriations Committees on
personnel and obligations consisting of on-board staffing
levels, estimated staffing levels by office for the remainder
of the fiscal year, total obligations incurred to date, and
estimated total obligations for the remainder of the fiscal
year.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $22,750,000 for salaries and expenses of
the Office of National Drug Control Policy. The agreement
modifies a House reporting requirement relating to the
Caribbean Border Counternarcotics Strategy by directing the
strategy to be publicly available within 120 days of
enactment of this Act.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $238,522,000 for the High Intensity Drug
Trafficking Areas Program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $105,394,000 for Other Federal Drug
Control Programs. The agreement allocates funds among
specific programs as follows:
[[Page H905]]
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program.............................. 92,000,000
(Training.............................................. 2,000,000)
Drug court training and technical assistance............... 1,400,000
Anti-Doping activities..................................... 8,750,000
World Anti-Doping Agency (U.S. membership dues)............ 1,994,000
Discretionary Grants as authorized by PL 109-469, section 1,250,000
1105......................................................
------------------------------------------------------------------------
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for Office of Management and
Budget (OMB) information technology oversight and reform
activities. The bill continues language requiring the
submission of quarterly reports outlining the savings
achieved through the Administration's information technology
reform efforts.
Over the past few years, the Administration has had some
successes improving the development of information technology
projects through the use of TechStats and the IT dashboard.
The Administration is looking for and achieving savings in
existing programs through data center consolidation, the use
of cloud computing, and PortfolioStat.
However, failures in the development of information
technology systems historically have been embarrassingly
pervasive throughout the Federal government. Processes need
to be improved to ensure that these failures do not continue.
The experience that citizens have engaging with the Federal
government using information technology must be improved.
Using information technology to engage citizens can be a
powerful and efficient tool but only if the systems work and
citizens have confidence in them.
Therefore, OMB is directed to submit a report, no later
than 180 days after enactment of this Act, to the House and
Senate Appropriations Committees on how the oversight
processes for the development of information technology
systems can be improved. OMB should have processes in place
to monitor closely the development of systems that are
critical to the functioning of the Federal government,
particularly those that are high-cost, high-risk, or high-
priority. The report shall also discuss steps to improve the
accuracy of information reported in the IT dashboard.
Unanticipated Needs
The bill provides $800,000 for Unanticipated Needs.
Data-Driven Innovation
(INCLUDING TRANSFER OF FUNDS)
The bill includes $2,000,000 for Data-Driven Innovation to
improve the use of data and evidence to increase the
effectiveness and efficiency of government programs. The bill
includes language requiring the Office of Management and
Budget to regularly report to the House and Senate
Appropriations Committees and the Government Accountability
Office on the goals, objectives, performance and evaluation
of the activities funded under this heading.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,319,000 for salaries and expenses to
enable the Vice President to provide special assistance to
the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $305,000 for operating expenses for the
official residence of the Vice President.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFERS OF FUNDS)
The bill provides the following Administrative Provisions
under this title:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires OMB to report on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203).
Section 203 requires a detailed narrative and financial
plan for Office of National Drug Control Policy funds.
Section 204 provides transfer authority among Office of
National Drug Control Policy accounts.
Section 205 governs reprogramming of Office of National
Drug Control Policy funds.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $72,625,000 for the salaries and expenses
of the Supreme Court. In addition, the bill provides
mandatory costs as authorized by current law for the salaries
of the chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $11,158,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $29,600,000 for the salaries and expenses
of the United States Court of Appeals for the Federal
Circuit. In addition, the bill provides mandatory costs as
authorized by current law for the salaries of the chief judge
and judges of the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $19,200,000 for the salaries and expenses
of the United States Court of International Trade. In
addition, the bill provides mandatory costs as authorized by
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
The bill provides $4,658,830,000 for the salaries and
expenses of the Courts of Appeals, District Courts, and Other
Judicial Services. In addition, the bill provides mandatory
costs as authorized by 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. The bill also provides $5,327,000 from the
Vaccine Injury Compensation Trust Fund.
The bill provides not to exceed $50,000,000 for cost
containment initiatives and includes language prohibiting the
obligation of funds until the Director of the Administrative
Office of the United States Courts has submitted an analysis
to the House and Senate Appropriations Committees outlining
how the future year savings estimated to occur as a result of
each initiative will exceed the up-front costs. The funds are
provided to pay up-front costs associated with information
technology and facilities projects that, when implemented,
will reduce costs and result in lower future funding
requests. For information technology projects, the Director's
analysis is expected to include potential costs and savings
in areas such as staffing, facilities, energy, operations and
maintenance, contracting and equipment. For facilities
initiatives, the Director's analysis is expected to outline
how the project will increase space utilization rates (the
number of staff per square foot) and decrease rental
payments. The costs of these initiatives are expected to be
recaptured in less than five years.
The Judicial Conference is directed to develop a space
management plan. There are concerns relating to the cost and
amount of space occupied by the Judiciary. In spite of
staffing reductions in recent years, during fiscal year 2014
the Court of Appeals, District Courts and Other Judicial
Services, Salaries and Expenses account is estimated to
occupy an additional 78,000 square feet. Still, it is
recognized that the Judiciary cannot reduce its space
footprint in the short-term. There are previously approved
projects in process that will add square footage to the
Judiciary's space footprint between fiscal year 2014 and
fiscal year 2018. The Judiciary does have valid new space
needs due to deteriorating and unsafe buildings and new
courthouse construction projects may be funded and authorized
in future years. However, the Judiciary is directed to
develop a plan to manage its space rental costs and the
Judicial Conference is directed to develop a plan to reduce
its space footprint. This plan should include identifying
opportunities to reduce the amount of square footage under
commercial lease; increasing occupancy rates by using space
more efficiently as a result of changing work styles and
staffing reductions; and reducing the amount of square
footage in aging and energy-inefficient buildings. The
Judiciary is expected to optimize occupancy rates to the
maximum extent possible when developing plans to replace
aging courthouses or perform major alteration projects.
The bill provides the Judiciary with additional resources
for the costs associated with reducing the space footprint.
The General Services Administration is directed to work
collaboratively with the Judiciary to accept space that the
Judiciary identifies for release and to find tenants for that
space in a timely manner.
The Judiciary shall provide an initial space reduction plan
to the House and Senate Committees on Appropriations within
90 days of enactment of this Act.
DEFENDER SERVICES
The bill provides $1,044,394,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
The bill provides $53,891,000 for Fees of Jurors and
Commissioners. The agreement provides the Judiciary with its
most current estimate of costs for this account.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $497,500,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $81,200,000 for the salaries and expenses
of the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $26,200,000 for the salaries and expenses
of the Federal Judicial Center.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $16,200,000 for the salaries and expenses
of the United States Sentencing Commission.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
[[Page H906]]
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2014 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 provides certain contracting authorities to the
three remaining judicial branch entities without them.
Section 307 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district
of California, Hawaii, the northern district of Alabama, the
southern district of Florida, New Mexico, and the eastern
district of Texas.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $30,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $23,800,000 for emergency planning and
security costs in the District of Columbia. The bill
designates $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
The bill provides $232,812,000 for the District of Columbia
Courts. Within the amount provided, $13,374,000 is for the
District of Columbia Court of Appeals; $114,921,000 is for
the District of Columbia Superior Court; $69,155,000 is for
the District of Columbia Court System; and $35,362,000 is for
capital improvements for District of Columbia court
facilities. The bill provides language to enable the District
of Columbia Courts to offer buy-outs to its employees.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $49,890,000 for Defender Services in
District of Columbia Courts.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $226,484,000 to the Court Services and
Offender Supervision Agency for the District of Columbia.
Within the amount provided, $167,269,000 is for Community
Supervision and Sex Offender Registration and $59,215,000 is
for the Pretrial Services Agency for the District of
Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $40,607,000 for the District of Columbia
Public Defender Service.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $14,000,000 for the District of Columbia
Water and Sewer Authority.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $1,800,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $500,000 for Judicial Commissions. Within
the amount provided, $295,000 is for the Commission on
Judicial Disabilities and Tenure, and $205,000 is for the
Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $48,000,000 for school improvement in the
District of Columbia, in accordance with the provisions of
the SOAR Act (P.L. 112-10).
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $375,000 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
The bill provides $5,000,000 for the purpose of HIV/AIDS
testing and treatment.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2014
Budget Request Act of 2013.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,000,000, to remain available until
September 30, 2015, for the Administrative Conference of the
United States.
Christopher Columbus Fellowship Foundation
SALARIES AND EXPENSES
The bill provides $150,000 for the Christopher Columbus
Fellowship Foundation. This is intended to be the final
appropriation to the Foundation.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill includes $118,000,000 for the Consumer Product
Safety Commission (CPSC).
The bill includes language making technical corrections to
the Virginia Graeme Baker Pool and Spa Safety Act and
provides $1,000,000 to be available until expended, for the
pool and spa safety grants program established by the
Virginia Graeme Baker Pool and Spa Safety Act.
The Government Accountability Office is directed to conduct
a study, within 240 days after enactment, of the ability of
the CPSC to respond quickly to emerging consumer product
safety hazards using authorities under sections 7, 8, and 9
of the Consumer Product Safety Act (15 U.S.C. 2056, 2057, and
2058), section 3 of the Federal Hazardous Substances Act (15
U.S.C. 1262), and section 4 of the Flammable Fabrics Act (15
U.S.C. 1193). The study shall result in a report to the House
and Senate Committees on Appropriations on the results of the
study including an assessment of whether--(1) the Commission
requires any additional authorities to respond to new and
emerging consumer product safety hazards in a timely manner;
and (2) any resources would be required to implement such
additional authorities and achieve appropriate remedies for
new and emerging consumer product safety hazards. An
update on the results of the study shall be provided
within 150 days of enactment.
Administrative Provision--Consumer Product Safety Commission
Section 501 makes technical corrections to the Virginia
Graeme Baker Pool and Spa Safety Act.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $10,000,000 for the salaries and expenses
of the Election Assistance Commission. This includes
$1,900,000 to be transferred to the National Institute of
Standards and Technology.
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides includes $339,844,000 for the salaries
and expenses of the Federal Communications Commission (FCC).
This includes $300,000 for consultation with federally
recognized Indian tribes, Alaskan Native villages, and
entities related to Hawaiian Home Lands, and $11,090,000 for
the FCC Office of Inspector General. The bill provides that
$339,844,000 be derived from offsetting collections,
resulting in no net appropriation.
Inflight Mobile Services.--The FCC is considering a
rulemaking which would allow passengers to use mobile
wireless devices during flight. The FCC can only determine on
a technological basis whether this is possible without
creating interference, and cannot determine the social or
security implications. The FCC is directed to consult with
the Secretaries of Transportation and Homeland Security, and
the Federal Bureau of Investigation prior to a final
rulemaking. The Chairman of the FCC shall keep the House and
Senate Committees on Appropriations apprised of any
developments in this rulemaking.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
The bill includes the following administrative provisions
for the Federal Communications Commission:
Section 510 extends an exemption for the Universal Service
Fund.
Section 511 prohibits the FCC from changing rules governing
the Universal Service Fund regarding single connection or
primary line restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $34,568,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation (FDIC). The OIG's appropriations are
derived from the Deposit Insurance Fund and the FSLIC
Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $65,791,000 for the salaries and expenses
of the Federal Election Commission.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $25,500,000 for the Federal Labor
Relations Authority.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $298,000,000 for the salaries and
expenses of the Federal Trade Commission (FTC). This
appropriation is partially offset by premerger filing fees
estimated at $103,300,000 and $15,000,000 from fees to
implement the Telemarketing Sales Rule.
The FTC should continue their work monitoring price
manipulation and anticompetitive behavior in the oil and
natural gas markets. The FTC is expected to work with other
agencies with relevant jurisdiction on this important issue
to protect against price gouging in this area.
General Services Administration
Takings and Exchanges.--Using existing statutory
authorities (sections 543 and 581(c)(1) of title 40, U.S.C.,
and section 412 of division H of Public Law 108-447), the
General Services Administration (GSA) has been working to
dispose of properties that no longer meet the needs of
Federal agencies in exchange for assets of like value. GSA
also has the statutory authority to take properties (sections
3113 and 3114 of title 40, U.S.C.). In order to provide
increased transparency for the use of these authorities, the
Administrator is directed to report to the House and Senate
Appropriations Committees not later than 30 days after the
end of each quarter on the use of these authorities.
[[Page H907]]
The report shall include a description of all takings and
exchange actions that occurred during the most recently
completed quarter of the fiscal year, including the costs,
benefits, and risks for each action. The report shall also
include the planned use of takings and exchange authorities
during the remainder of the fiscal year, including the costs,
benefits, and risks of each action.
Training.--GSA shall submit to the House and Senate
Appropriations Committees a report not later than 90 days
after the date of enactment of this Act describing completed
and planned staff training involving an overnight stay and
more than fifty participants for fiscal years 2013 and 2014.
The report should state the division and office to which such
training is directed, the appropriation account from which
funds are provided for such training, the quarter during
which the training occurred, the number of employees and
managers participating, and the type of training.
Working Capital Fund.--Within 30 days after the date of
enactment of this Act, the Administrator shall submit an
itemized report to the House and Senate Appropriations
Committees 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.
Bonuses.--GSA shall submit to the House and Senate
Appropriations Committees a report not later than 90 days
after the date of enactment of this Act, on bonuses for the
prior, current, and budget year by appropriation account. The
report should include aggregate totals, designated by
component, of the number of executive and non-executive
staff, their respective salaries, and the number and dollar
amount of bonuses/awards for executive and non-executive
staff.
Integrated Acquisition Environment.--Not later than 30 days
after the date of enactment of this Act, the Administrator
shall submit to the House and Senate Appropriations
Committees a report on the cost baseline, governance
structure, acquisition strategy, and performance milestones
regarding the modernization and consolidation of the
Integrated Acquisition Environment.
State of the Portfolio.--Not later than 45 days after the
date of enactment of this Act, the Administrator shall submit
to the House and Senate Appropriations Committees a report on
the state of the Public Buildings Service's real estate
portfolio for fiscal year 2012 and 2013. The content the
report shall be comparable to the tabular information
provided in past State of the Portfolio reports, including,
but not limited to, the number of leases; the number of
buildings; amount of square feet, revenue, expenses by type,
and vacant space; top customers by square feet and annual
rent; completed new construction, completed major repairs and
alterations, and disposals, in total and by region where
appropriate.
FBI Headquarters Consolidation.--This explanatory statement
adopts the Senate language regarding FBI Headquarters
consolidation, which is expected to result in a full
consolidation of FBI Headquarters so that employees currently
located at the J. Edgar Hoover building may be co-located
with colleagues who are currently spread out across 20 leased
offices in the region.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
The bill provides resources from the General Services
Administration (GSA) Federal Buildings Fund totaling
$9,370,042,000.
Construction and Acquisition.--The bill provides
$506,178,000 for construction and acquisition.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
CA..................... San Ysidro, United States Land $128,300,000
Port of Entry.
CO..................... Lakewood, Denver Federal Center 13,938,000
DC..................... Washington, DHS Consolidation 155,000,000
at St. Elizabeths.
PR..................... San Juan, Federal Bureau of 85,301,000
Investigation.
TX..................... Laredo, United States Land Port 25,786,000
of Entry.
VA..................... Winchester, FBI Central Records 97,853,000
Complex.
------------------------------------------------------------------------
In addition, prior to the enactment of this Act, GSA
identified prior year resources to reprogram, which the House
and Senate Appropriations Committees approved, for
construction of land ports of entry including $97,700,000 for
San Ysidro, CA; $35,900,000 for Laredo, TX, and $7,400,000
for Columbus, NM. These resources combined with the land
ports of entry construction funds provided in this bill fully
fund the land port of entry requirements identified in the
budget request.
Repairs and Alterations.--The bill provides $1,076,823,000
for repairs and alterations. Funds are provided in the
amounts indicated:
Major Repairs and Alterations.................. $593,288,000
Fire and Life Safety Program................... 30,000,000
Energy and Water Retrofit and Conservation 5,000,000
Measures......................................
Consolidation Activities....................... 70,000,000
Basic Repairs and Alterations.................. 378,535,000
For Major Repairs and Alterations, GSA is directed to
submit a detailed plan, by project, regarding the use of
funds to the House and Senate Appropriations Committees, not
later than 45 days after enactment, and to provide
notification to the Committees within 15 days prior to any
changes in the use of these funds.
New Construction and Repair.--The bill provides $69,500,000
to meet the housing requirements of the Judiciary's Southern
District in Mobile, Alabama, as proposed by the Judicial
Conference of the United States.
Installment Acquisition Payments.--The bill provides
$109,000,000 for installment acquisition payments.
Rental of Space.--The bill provides $5,387,109,000 for
rental of space.
Building Operations.--The bill provides $2,221,432,000 for
building operations. Within this amount, $1,158,869,000 is
for building services and $1,062,563,000 is for salaries and
expenses. Up to five percent of the funds may be transferred
between these activities upon the advance notification to the
House and Senate Appropriations Committees. Not later than 60
days after the date of enactment of this Act, the
Administrator shall submit a spend plan, by region, regarding
the use of these funds to the House and Senate Appropriations
Committees.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $58,000,000 for General Services
Administration (GSA) Government-wide policy activities.
Green Buildings.--In lieu of the House and Senate report
language, GSA is encouraged to implement or use green
building certification systems for new construction, major
renovations, and existing buildings when the system is a
voluntary consensus standard as defined by the National
Technology Transfer and Advancement Act of 1996 (P.L. 104-
113) and OMB Circular A-119 and in accordance with its own
recommendations on green building certifications systems
pursuant to section 436(h) of the Energy Independence and
Security Act of 2007.
Data.--GSA, through the Office of Government-wide Policy is
tasked with collecting data in the areas of fleet, real
property, and travel to identify key performance benchmarks
and conduct analysis. Agencies are reminded to provide GSA
with timely and accurate data to facilitate the reporting of
agency performance in these key areas.
Federal Real Property Report.--Consistent with past
practices, the Office of Government-wide Policy shall
participate in and support the Federal Real Property Council,
maintain the Federal Real Property Profile, which acts as the
Federal Government's only database of all real property under
the custody or control of executive branch agencies, and post
on GSA's public website a Federal Real Property Report for
fiscal year 2013.
Tenants and Building Operations.--GSA shall report by March
14, 2014, on how building operations costs are measured and
monitored; how these costs are divided among tenant agencies;
and to the extent possible tenant agencies can be given
greater responsibility for the amount of utilities and
building services they use, and therefore, their cost of
utilities and building services.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $63,466,000 for operating expenses.
Within the amount provided under this heading, the bill
provides $28,000,000 for Real and Personal Property
Management and Disposal, $26,500,000 for the Office the
Administrator, and $8,966,000 for the Civilian Board of
Contract Appeals. Up to five percent of the funds for the
Office of the Administrator may be transferred to Real and
Personal Property Management and Disposal upon the advance
notification to the House and Senate Appropriations
Committees.
OFFICE OF INSPECTOR GENERAL
The bill provides $65,000,000 for the Office of Inspector
General (OIG).
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $16,000,000 for the Electronic Government
Fund. These funds may be transferred to other Federal
agencies to carry out the purposes of the Electronic
Government Fund, but only after a spending plan and
explanation for each project has been submitted to the House
and Senate Appropriations Committees.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $3,550,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
The bill provides $34,804,000 for deposit into the Federal
Citizens Services Fund (the Fund) and authorizes use of
appropriations, revenues and collections in the Fund in an
aggregate amount not to exceed $90,000,000.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the House and Senate
Committees on Appropriations.
Section 522 requires transmittal of a fiscal year 2015
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial Conference
5-year construction plan, and includes a standardized
courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
[[Page H908]]
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved
in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $750,000 for a payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $45,085,000, to remain available until
September 30, 2015, for the salaries and expenses of the
Merit Systems Protection Board (MSPB). Within the amount
provided, $42,740,000 is a direct appropriation and
$2,345,000 is a transfer from the Civil Service Retirement
and Disability Fund to adjudicate retirement appeals. In
addition, the bill includes language providing MSPB with the
authority to accept gifts or donations to carry out the work
of the Board.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,100,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund, of which $200,000
shall be transferred to the Department of the Interior Office
of Inspector General to conduct audits and investigations.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides includes $3,400,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives And Records Administration
OPERATING EXPENSES
The bill provides $370,000,000 for the operating expenses
of the National Archives and Records Administration (NARA).
OFFICE OF INSPECTOR GENERAL
The bill provides $4,130,000 for NARA's Office of Inspector
General.
REPAIRS AND RESTORATION
The bill provides $8,000,000 for repairs and restoration.
National Historical Publications And Records Commission Grants Program
The bill provides $4,500,000 for the National Historical
Publications and Records Commission grant program.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
The bill limits administrative expenses to $1,250,000 and
provides for authorized lending.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $1,200,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $15,325,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $214,335,000 for salaries and expenses of
the Office of Personnel Management (OPM). Within the amount
provided, $95,757,000 is a direct appropriation and
$118,578,000 is a transfer from OPM trust funds.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $26,024,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$4,684,000 is a direct appropriation and $21,340,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $20,639,000 for the salaries and expenses
of the Office of Special Counsel. In addition, the bill
provides $125,000 in unobligated balances for obligations
incurred in fiscal year 2014.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $14,152,000 for the salaries and expenses
of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $3,100,000 for the salaries and expenses
of the Privacy and Civil Liberties Oversight Board.
Recovery Accountability and Transparency Board
SALARIES AND EXPENSES
The bill provides $20,000,000 for the salaries and expenses
of the Recovery Accountability and Transparency Board.
Securities And Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,350,000,000 for the Securities and
Exchange Commission (SEC). The bill provides $44,353,000 for
the Division of Economic and Risk Analysis, and stipulates
that $1,350,000,000 be derived from offsetting collections
resulting in no net appropriation. The bill provides that the
SEC Office of Inspector General shall receive no less than
$7,092,000.
In its written notifications to Congress regarding amounts
obligated from the Reserve Fund as required by 15 U.S.C.
78d(i)(3), the SEC shall specify: 1) the balance in the fund
remaining available after the obligation is deducted; 2) the
estimated total cost of the project for which amounts are
being deducted; 3) the total amount for all projects that
have withdrawn funding from the Reserve Fund since fiscal
year 2012; and 4) the estimated amount, per project, that
will be required to complete all ongoing projects which use
funding derived from the Reserve Fund.
Selective Service System
SALARIES AND EXPENSES
The bill provides $22,900,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $196,165,000 for SBA Entrepreneurial
Development Programs. The SBA is directed that no less than
the following amounts shall be dedicated to the following SBA
non-credit programs:
------------------------------------------------------------------------
------------------------------------------------------------------------
Veterans Programs.......................................... $2,500,000
7(j) Technical Assistance Programs......................... 2,790,000
Small Business Development Centers......................... 113,625,000
SCORE...................................................... 7,000,000
Women's Business Centers................................... 14,000,000
Women's Business Council................................... 1,000,000
Native American Outreach................................... 2,000,000
Microloan Technical Assistance............................. 20,000,000
PRIME...................................................... 3,500,000
HUBZone.................................................... 2,250,000
Entrepreneurial Development Initiative (Clusters).......... 5,000,000
Boots to Business.......................................... 7,000,000
Entrepreneurship Education................................. 5,000,000
Growth Accelerators........................................ 2,500,000
State Trade and Export Promotion [STEP].................... 8,000,000
Total, non-credit programs............................. 195,165,000
------------------------------------------------------------------------
SALARIES AND EXPENSES
The bill provides $250,000,000 for the salaries and
expenses of the Small Business Administration (SBA).
OFFICE OF INSPECTOR GENERAL
The bill provides $19,000,000 for the Office of Inspector
General of the Small Business Administration.
OFFICE OF ADVOCACY
The bill provides $8,750,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $263,160,000 for the Business Loans
Program Account. Of the amount provided, $4,600,000 is for
the cost of direct loans in the microloan program,
$107,000,000 is for the cost of guaranteed loans, and
$151,560,000 is for administrative expenses to carry out the
direct and guaranteed loan programs which may be transferred
to and merged with Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $191,900,000 for the administrative costs
of the Disaster Loans Program Account. The bill does not
include Senate language regarding section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provision
for the Small Business Administration.
Section 530 concerns transfer authority and availability of
funds.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $70,751,000 for a payment to the Postal
Service Fund. This is an advance appropriation for fiscal
year 2015 to continue free mail for the blind and overseas
voting.
Office Of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $241,468,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $53,453,000 for the salaries and expenses
of the United States Tax Court.
TITLE VI--GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSION)
The bill includes the following provisions:
Section 601 prohibits paying expenses or otherwise
compensating non-Federal parties in regulatory or
adjudicatory proceedings funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and transfers of funds unless expressly so provided
herein.
Section 603 limits consulting service expenditures to
contracts where such expenditures are a matter of public
record, with exceptions.
Section 604 prohibits funds from being transferred to any
department, agency, or instrumentality of the United States
without express authority provided in this or any other
appropriations Act.
[[Page H909]]
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the 1930 Tariff Act.
Section 606 prohibits funds from being expended unless the
recipient agrees to comply with the Buy American Act.
Section 607 prohibits funding to a person or entity
convicted of violating the Buy American Act.
Section 608 provides reprogramming authority and requires
agencies to submit financial plans to the House and Senate
Committees on Appropriations.
Section 609 provides that not to exceed 50 percent of
unobligated balances from salaries and expenses may remain
available for certain purposes.
Section 610 prohibits funds for the Executive Office of the
President to request any official background investigation
from the Federal Bureau of Investigation unless the person
has given consent or there are circumstances involving
national security.
Section 611 requires that cost accounting standards not
apply to a contract under the Federal Employees Health
Benefits Program.
Section 612 permits the Office of Personnel Management to
accept funds related to nonforeign area cost of living
allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of non-
domestic articles, materials, and supplies for information
technology acquired by the Federal Government.
Section 616 prohibits the acceptance by any regulatory
agency or commission funded by this Act, or by their officers
or employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity,
or their representative, that engages in activities regulated
by such agency or commission.
Section 617 permits the SEC and CFTC to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 618 requires certain agencies to provide quarterly
reports on unobligated prior year balances.
Section 619 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 620 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 621 prohibits funds for certain positions.
Section 622 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless the agency has
considered suspension or debarment of the corporation and
made a determination that further action is not necessary to
protect the interests of the Government.
Section 623 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless the agency has considered suspension or
debarment of the corporation and made a determination that
further action is not necessary to protect the interests of
the Government.
Section 624 provides funding for several appropriated
mandatory accounts. These are accounts where authorizing
language requires the payment of funds. The budget request
assumes the following estimated cost for the programs
addressed in this provision: $450,000 for Compensation of the
President including $50,000 for expenses, $126,931,000 for
the Judicial Retirement Funds (Judicial Officers' Retirement
Fund, Judicial Survivors' Annuities Fund, and the United
States Court of Federal Claims Judges' Retirement Fund),
$11,404,000,000 for the Government Payment for Annuitants,
Employee Health Benefits, $53,000,000 for the Government
Payment for Annuitants, Employee Life Insurance, and
$9,178,000,000 for Payment to the Civil Service Retirement
and Disability Fund.
Section 625 limits funds made available for terrestrial
broadband operations.
Section 626 provides authority for the Public Company
Accounting Oversight Board to obligate funds for a
scholarship program.
Section 627 amends reporting requirements under the
American Recovery and Reinvestment Act of 2009.
Section 628 rescinds $25,000,000 from the Securities and
Exchange Commission Reserve Fund established by the Dodd-
Frank Wall Street Reform and Consumer Protection Act.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 701 requires all agencies to have a written policy
for ensuring a drug-free workplace.
Section 702 sets specific limits on the cost of passenger
vehicles with exceptions for police, heavy duty, electric
hybrid and clean fuels vehicles.
Section 703 makes appropriations available for quarters/
cost-of-living allowances.
Section 704 prohibits the use of appropriated funds to
compensate officers or employees of the Federal Government in
the continental United States unless they are citizens of the
United States or qualify under other specified exceptions.
Section 705 ensures that appropriations made available to
any department or agency for space, services and rental
charges shall also be available for payment to the General
Services Administration.
Section 706 allows the use of receipts from the sale of
materials for acquisition, waste reduction and prevention,
environmental management programs and other Federal employee
programs as appropriate.
Section 707 allows funds for administrative expenses of
government corporations and certain agencies to also be
available for rent in the District of Columbia, services
under 5 U.S.C. 3109, and the objects specified under this
head.
Section 708 prohibits funds for interagency financing of
boards (with exception), commissions, councils, committees or
similar groups to receive multi-agency funding without prior
statutory approval.
Section 709 precludes funds for regulations which have been
disapproved by joint resolution.
Section 710 limits the amount of funds that can be used for
redecoration of offices under certain circumstances to
$5,000, unless advance notice is transmitted to the House and
Senate Committees on Appropriations.
Section 711 allows for interagency funding of national
security and emergency preparedness telecommunications
initiatives.
Section 712 requires agencies to certify that a Schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the salary payment of any employee
who prohibits, threatens, prevents or otherwise penalizes
another employee from communicating with Congress.
Section 714 prohibits Federal employee training not
directly related to the performance of official duties.
Section 715 prohibits executive branch agencies from using
funds for propaganda or publicity purposes in support or
defeat of legislative initiatives.
Section 716 prohibits any Federal agency from disclosing an
employee's home address to any labor organization, absent
employee authorization or court order.
Section 717 prohibits funds to be used to provide non-
public information such as mailing, electronic mailing, or
telephone lists to any person or organization outside the
government without the approval of the House and Senate
Committees on Appropriations.
Section 718 prohibits the use of funds for propaganda and
publicity purposes not authorized by Congress.
Section 719 directs agency employees to use official time
in an honest effort to perform official duties.
Section 720 authorizes the use of funds to finance an
appropriate share of the Federal Accounting Standards
Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various government-wide boards and councils under certain
conditions.
Section 722 permits breastfeeding in a Federal building or
on Federal property if the woman and child are authorized to
be there.
Section 723 permits interagency funding of the National
Science and Technology Council and requires the Office of
Management and Budget to provide a report to the House and
Senate on the budget and resources of the National Science
and Technology Council.
Section 724 requires that the Federal forms that are used
in distributing Federal funds to a State must indicate the
agency providing the funds, the Federal Domestic Assistance
Number, and the amount provided.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites to
collect, review, or create any aggregate list that includes
personally identifiable information relating to access to or
use of any Federal Internet site of such agency.
Section 726 requires health plans participating in the
Federal Employees Health Benefits Program to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 727 recognizes the United States is committed to
ensuring the health of the Olympic, Pan American and
Paralympic athletes, and supports the strict adherence to
antidoping in sport activities.
Section 728 allows funds for official travel to be used by
departments and agencies, if consistent with OMB and Budget
Circular A-126, to participate in the fractional aircraft
ownership pilot program.
Section 729 prohibits funds for implementation of the
Office of Personnel Management regulations limiting detailees
to the Legislative Branch or implementing limitations on the
Coast Guard Congressional Fellowship Program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating prepackaged news stories that are broadcast or
distributed in the United States unless the story includes a
clear notification within the text or audio of that news
story that the prepackaged news story was prepared or funded
by that executive branch agency.
Section 732 prohibits funds from being used in
contravention of the Privacy Act or associated regulations.
Section 733 prohibits funds in this or any other Act to be
used for Federal contracts
[[Page H910]]
with inverted domestic corporations, unless the contract
preceded this Act or the Secretary grants a waiver in the
interest of national security.
Section 734 requires agencies to pay a fee to the Office of
Personnel Management for processing retirements of employees
who separate under Voluntary Early Retirement Authority or
who receive Voluntary Separation Incentive payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of
the legislative branch.
Section 737 prohibits funds to begin or announce a study or
public-private competition regarding conversion to contractor
performance pursuant to OMB Circular A-76.
Section 738 requires the Office of Management and Budget to
submit a crosscut budget report on Great Lakes restoration
activities not later than 45 days after the submission of the
budget of the President to Congress.
Section 739 prohibits agencies from using funds to
implement regulations changing the competitive areas under
reductions-in-force for Federal employees.
Section 740 limits the pay increases of certain prevailing
rate employees.
Section 741 eliminates automatic statutory pay increases
for the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, politically appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive
schedule.
Section 742 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 743 prohibits the use of funds for the elimination
or reduction of a program or project unless such change is
made pursuant to reprogramming or transfer provisions.
Section 744 declares references to ``this Act'' contained
in any title other than title IV or VIII shall not apply to
such titles IV or VIII.
Poverty is far too prevalent in the United States. Congress
and the Administration should work together to implement
policies, inter-agency efforts, and support proven anti-
poverty programs that reduce the existence of poverty and the
suffering associated with it.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following general provisions for the
District of Columbia:
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits the use of Federal funds to legalize
or reduce penalties associated with the possession, use or
distribution of any schedule I substance under the Controlled
Substances Act or any tetrahydrocannabinols derivative.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, that
aligns schools, budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency and the
District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2015 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for fiscal year 2014.
Section 817 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
[[Page H911]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.331
[[Page H912]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.332
[[Page H913]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.333
[[Page H914]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.334
[[Page H915]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.335
[[Page H916]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.336
[[Page H917]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.337
[[Page H918]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.338
[[Page H919]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.339
[[Page H920]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.340
[[Page H921]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.341
[[Page H922]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.342
[[Page H923]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.343
[[Page H924]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.344
[[Page H925]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.345
[[Page H926]]
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
The following is an explanation of the effects of Division
F, which makes appropriations for the Department of Homeland
Security for fiscal year 2014. Unless otherwise noted,
reference to the House and Senate reports are to House Report
113-91 and Senate Report 113-77, respectively. The language
and allocations contained in the House and Senate reports
should be complied with and carry the same weight as the
language included in this explanatory statement, unless
specifically addressed to the contrary in the final bill or
this explanatory statement. While repeating some report
language for emphasis, this explanatory statement does not
intend to negate the language referred to above unless
expressly provided herein. When this explanatory statement
refers to the Committees or the Committees on Appropriations,
this reference is to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee
on the Department of Homeland Security. In cases where the
explanatory statement directs the submission of a report or a
briefing, such report or briefing shall be provided to the
Committees not later than April 15, 2014, unless otherwise
directed. Reports and briefings that are required by the
House and Senate reports are due on the dates specified or,
in instances where the date specified occurred prior to the
date of enactment of this Act, the report or briefing shall
be due not later than April 15, 2014.
This explanatory statement refers to certain laws and
organizations as follows: the Implementing Recommendations of
the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Public Law 93-288, is
referenced as the Stafford Act; the Department of Homeland
Security is referenced as DHS or the Department; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as OIG. In addition, any reference to
``full-time equivalents'' shall be referred to as FTE; any
reference to the DHS ``Working Capital Fund'' shall be
referred to as WCF; any reference to ``program, project, and
activity'' shall be referred to as PPA; and any reference to
``the Secretary'' shall be interpreted to mean the Secretary
of Homeland Security.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
A total of $122,350,000 is provided for the Office of the
Secretary and Executive Management (OSEM). Not to exceed
$45,000 of the funds provided under this heading shall be for
official reception and representation expenses. The amount
provided for this appropriation by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Final bill
($000) ($000)
------------------------------------------------------------------------
Immediate Office of the Secretary....... $4,128 $4,050
Immediate Office of the Deputy Secretary 1,822 1,750
Office of the Chief of Staff............ 2,200 2,050
Executive Secretary..................... 7,603 7,400
Office of Policy........................ 27,815 36,500
Office of Public Affairs................ 8,661 8,550
Office of Legislative Affairs........... 5,498 5,350
Office of Intergovernmental Affairs..... 2,518 2,250
Office of General Counsel............... 21,000 19,750
Office for Civil Rights and Civil 21,678 21,500
Liberties..............................
Citizenship and Immigration Services 5,344 5,250
Ombudsman..............................
Privacy Officer......................... 8,143 7,950
Office of International Affairs......... 7,626 ...........
Office of State and Local Law 852 ...........
Enforcement............................
Private Sector Office................... 1,666 ...........
-------------------------------
Total, Office of the Secretary and $126,554 $122,350
Executive Management.................
------------------------------------------------------------------------
Expenditure Plans
As mandated by the bill, the Secretary shall submit, not
later than 90 days after the date of enactment of this Act,
expenditure plans for fiscal year 2014 for the Office of
Policy, the Office of Intergovernmental Affairs, the Office
for Civil Rights and Civil Liberties (OCRCL), the Citizenship
and Immigration Services Ombudsman, and the Privacy Officer.
New bill language is included requiring submittal of annual
expenditure plans for these offices concurrent with the
submittal of the President's budget request for fiscal year
2015. The Office of Policy shall submit such expenditure
plans according to the direction contained in both the House
and Senate reports. Unlike previous fiscal years, no funds
from OSEM are withheld from obligation until submittal of
these expenditure plans to afford the new leadership of the
Department an opportunity to demonstrate compliance with the
law.
Office of Policy
For the second consecutive year, both the House and Senate
deny the request to fund the Office of International Affairs,
the Office of State and Local Law Enforcement, and the
Private Sector Office via separate budget line items. The
bill upholds the House and Senate denials and instead
continues to provide funding for these offices within the
Office of Policy. The Assistant Secretary for Policy is
directed to display any budgetary savings, efficiencies, or
elimination of duplicative functions realized by retaining
these three offices within the Office of Policy in the
expenditure plan required in the preceding paragraph.
Office of International Affairs
In lieu of the direction contained in the House report, the
Office of Policy expenditure plan shall include information
on the costs and locations of all DHS attache positions in
fiscal year 2014. In addition, the expenditure plan shall
include the costs and locations of all DHS secondment
positions posted since fiscal year 2008. Further, the DHS
Chief Financial Officer (CFO) shall include with the fiscal
year 2015 budget justification for the Office of Policy a
detailed breakout of funding and funding sources associated
with all DHS attache positions and secondment positions
across the Department. No funding in fiscal year 2014 is
provided for further secondment positions.
Office of Public Affairs
The bill includes a $3,000,000 increase to the Office of
Public Affairs to expand the ``If You See Something, Say
Something'' public awareness campaign. This increase shall be
devoted to expanding and improving efforts to prevent,
mitigate, and respond to mass casualty events, including
those involving active shooters and improvised explosive
devices. Not later than 30 days after the date of enactment
of this Act, the Office of Public Affairs shall submit to the
Committees an expenditure plan for these funds.
Office for Civil Rights and Civil Liberties
A total of $21,500,000 is provided for the OCRCL. Included
within this amount is a total of $2,394,000 for activities
related to 287(g) agreements and Secure Communities. House
report language related to avoiding overlap between OCRCL
efforts and those of other oversight elements of the
Department is affirmed, as is Senate report language
requiring a briefing on the use of these funds. In addition,
a total of $1,962,000, as requested, is included for OCRCL
efforts to counter domestic violent extremism, as noted in
the Senate report.
Travel Costs
Per the direction in the House report, the costs of
official travel and non-official travel using government
aircraft by both the Secretary and Deputy Secretary shall be
provided to the Committees quarterly, beginning on April 1,
2014. OSEM and the Coast Guard are directed to expeditiously
complete an updated memorandum of agreement on the use of
Coast Guard Command and Control aircraft, as per the House
report. As directed in the House report, the Assistant
Secretary for Policy shall submit an annual report on travel
by the Office of Policy's political appointees, not later
than 30 days after the end of the fiscal year. In addition,
the Department is expected to significantly reduce the number
of offline travel bookings in fiscal year 2014, as directed
in the Senate report. The OIG is directed to examine
Department-wide travel costs and to identify excessive
expenditures and potential savings.
Automated Biometric Identification System
The Office of Biometric Identity Management (OBIM) is the
lead entity in DHS responsible for biometric identity
management services and the steward of the Automated
Biometric Identification System (IDENT). IDENT, along with
the Department of Justice's Integrated Automated Fingerprint
Identification System and the Department of Defense's (DoD)
Automated Biometric Identification System, enables the U.S.
Government to identify and verify individuals through
encounters across operations. It is critical to our Nation's
security and public safety, as well as to the efficiency and
customer service of DHS operations, that DHS enforce policies
directing components to use IDENT services where appropriate,
including requiring a Department-level decision by DHS for
any project or activity that does not adhere to such
policies. Further, DHS should prioritize the long-term health
and viability of IDENT, which requires modernization in order
to meet the needs of DHS and interagency customers.
Reception and Representation Expenses
In recognition of a more constrained budget environment and
to limit opportunities for waste and abuse, the 12 percent
reduction to reception and representation expenses
implemented over the past two fiscal years is maintained. The
Department shall review its reception and representation
expenses, as directed in the House report, and shall continue
the submittal of quarterly reports to the Committees listing
obligations for all reception and representation expenses, as
directed in the Senate report. The Department shall refrain
from using funds available for reception and representation
to purchase unnecessary collectables or memorabilia.
Event-Related Spending
Oversight requirements for the Department's event-related
spending contained in the House report are superseded by the
direction contained in Division E of this Act, pertaining to
appropriations for Financial Services and General Government.
Performance Metrics
Direction regarding performance metrics contained within
the House report is superseded by the direction contained in
Division E of this Act, pertaining to appropriations for
Financial Services and General Government.
[[Page H927]]
Anti-Corruption Efforts
The Deputy Secretary, in conjunction with U.S. Customs and
Border Protection (CBP) and U.S. Immigration and Customs
Enforcement (ICE), is directed to submit a report not later
than 60 days after the date of enactment of this Act
outlining efforts to further address the investigation of DHS
employee corruption, as detailed in the Senate report.
Further, the Department is directed to develop a hiring
strategy, as specified in the Senate report, detailing steps
for background investigations on potential new hires. The OIG
shall review the efficacy of this hiring strategy with
respect to integrity and provide relevant input.
Federally Funded Research and Development Centers
As detailed in the Senate report, though on an annual
rather than semiannual basis, the Department shall report to
the Committees each year, concurrent with the submittal of
the President's budget request and beginning with the fiscal
year 2015 submittal to Congress, on current projects tasked
to Federally Funded Research and Development Centers.
E-Verify
Unlike previous years, the bill does not include a
provision regarding the use of E-Verify for new Federal
hires. As per section 402(e) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) and Office of Management and Budget (OMB)
Memorandum M-07-21, all Federal hires must be verified
through E-Verify. In 2009, the Federal Acquisition Regulation
(FAR case 2007-013, Employment Eligibility Verification) was
amended to further require Federal contractors to confirm
through E-Verify that all of the contractors' new hires and
all employees (existing and new) directly performing work
under Federal contracts are authorized to work in the United
States.
TWIC
The Department is directed, specifically the Coast Guard
and the Transportation Security Administration (TSA), to take
all action necessary to expand Universal Enrollment Centers
and, as described in the House report, to successfully
complete the security assessment recommended by GAO (GAO-13-
198) not later than 90 days after the date of enactment of
this Act. As required in the Senate report, TSA is directed
to remain focused on its efforts to implement the
requirements under section 709 of the Coast Guard and
Maritime Transportation Act of 2012, and to comply with the
statutory deadlines established under that Act. Not later
than 60 days after the date of enactment of this Act, the
Administrator of TSA shall submit to the Committees a report
on the plan and timeline for implementing the requirements
under section 709, to include data regarding processing times
for renewals of expired Transportation Worker Identification
Credentials (TWIC) and measures being taken to ensure an
individual's TWIC is issued within a reasonable period of
time.
Inflight Mobile Services
The proposed policy on consumer access to inflight mobile
services, permitting personal cell phones to be used by
passengers during the course of a flight, would represent a
change in longstanding policy that has potential safety and
security implications. Accordingly, the Secretary shall
consult with the Federal Communications Commission (FCC), the
Secretary of Transportation, and the Federal Bureau of
Investigation on the safety and security implications, and
advise the Chairman of the FCC of any concerns prior to any
rulemaking. The Secretary shall report to the Committees not
later than 60 days after the date of enactment of this Act on
the specific actions that are being taken as a consequence of
those consultations.
Unaccompanied Alien Children
DHS shall support the Department of Health and Human
Services (HHS) as it develops, in coordination with OMB and
the Department of State, a long-term, interagency strategy on
the challenges presented by the growing number of
unaccompanied alien children that arrive in the United States
each year. DHS shall participate in an interagency briefing
led by HHS to the relevant subcommittees of the House and
Senate Committees on Appropriations not later than 60 days
after the date of enactment of this Act on the potential
solutions available to better manage this multifaceted issue.
U.S. Security Interests in the Caribbean
There are significant concerns about public safety and
security in the Caribbean, as outlined in the House report.
Consequently, the Secretary shall allocate resources, assets,
and personnel to Puerto Rico and the U.S. Virgin Islands in a
manner and to a degree consistent with those concerns.
Further, DHS is encouraged to work with DoD to address
surveillance capabilities, as specified in the House report
under a different heading.
Office of the Under Secretary for Management
A total of $196,015,000 is provided for the Office of the
Under Secretary for Management (USM). Not to exceed $2,250 of
the funds provided under this heading shall be for official
reception and representation expenses. Unlike previous fiscal
years, no funds from USM are withheld from obligation until
submittal of required expenditure plans to afford the new
leadership of the Department an opportunity to demonstrate
compliance with the law. Reductions to offices within this
appropriation are due to disproportionally high lapsed
balances at the end of fiscal year 2013 as well as other
funding needs across the Department. The amount provided for
this appropriation by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Final bill
($000) ($000)
------------------------------------------------------------------------
Immediate Office of the Under $2,735 $2,700
Secretary for Management.........
Office of the Chief Security 66,025 64,000
Officer..........................
Office of the Chief Procurement 66,915 65,000
Officer..........................
-------------------------------------
Subtotal.................. 135,675 131,700
Office of the Chief Human Capital
Officer:
Salaries and Expenses......... 22,276 22,000
Human Resources Information 9,213 7,815
Technology...................
-------------------------------------
Subtotal.................. 31,489 29,815
Office of the Chief Readiness
Support Officer:
Salaries and Expenses......... 30,793 30,000
Nebraska Avenue Complex....... 4,729 4,500
-------------------------------------
Subtotal.................. 35,522 34,500
-------------------------------------
Total, Office of the Under $202,686 $196,015
Secretary for Management.
------------------------------------------------------------------------
Headquarters Consolidation
Pursuant to a general provision in Title V of this Act,
$35,000,000 is provided for costs associated with
headquarters consolidation and mission support consolidation.
Interrelated funding for the headquarters consolidation
project is provided within the General Services
Administration (GSA) appropriation in Division E of this Act.
Not later than 90 days after the date of enactment of this
Act, the USM shall submit to the Committees an expenditure
plan detailing how this funding will be allocated, including
revised schedule and cost estimates for the headquarters
consolidation project. Particularly in light of the
inexcusably late submittal of the fiscal year 2013
expenditure plan for the headquarters consolidation project,
the Department is directed to strictly comply with the
required deadline. Quarterly briefings are required on
headquarters and mission support consolidation activities,
which should highlight any deviation from the expenditure
plan.
Buy American Act Compliance
Section 572 of the House bill, related to the origin of
U.S. flags purchased by the Department, is not included in
the bill. Under current statutory requirements, Departmental
procurements must comply with the Buy American Act (41 U.S.C.
Chapter 83) and section 604 of Public Law 111-5 (6 U.S.C.
453b). In addition to these requirements, it is expected that
the Department will endeavor, consistent with current trade
laws, to purchase only U.S. flags that are considered
domestic end products. A general provision is included in
Title V of this Act requiring the Department to comply with
the Buy American Act, consistent with prior DHS
Appropriations Acts.
Research and Development
DHS is to comply with language outlined in the House and
Senate reports regarding the Department's R&D prioritization
and review process and not later than May 1, 2014, both brief
the Committees on its schedule and plans for future portfolio
reviews and, in accordance with the recommendations in GAO-
12-837, implement policies and guidance for defining and
overseeing R&D department-wide.
Office of the Chief Financial Officer
A total of $46,000,000 is provided for the Office of the
Chief Financial Officer (OCFO). Unlike previous fiscal years,
no funds from OCFO are withheld from obligation until
submittal of required expenditure plans to afford the new
leadership of the Department an opportunity to demonstrate
compliance with the law. It is assumed that the cost of
living adjustment for Federal employees directed by the
President for 2014 will be funded from within the amounts
provided for each relevant appropriation in this Act.
Financial Systems Modernization
The CFO is directed to continue briefing the Committees at
least semiannually on its Financial Systems Modernization
(FSM) efforts, as directed in the House and Senate reports. A
new general provision is included in Title V of this Act to
consolidate funding for the FSM activity and thus enable the
Secretary to allocate resources according to fluctuations in
the FSM program execution plan. In lieu of the direction in
the House report, the CFO shall submit a detailed expenditure
plan for FSM not later than 45 days after the date of
enactment of this Act.
Working Capital Fund
In lieu of the direction in the House report requiring
initiatives funded by multiple DHS organizations to be
included in the WCF, the Department is instead directed to
base inclusion or exclusion of an activity in the WCF on a
thorough business case that justifies the efficiency or
effectiveness of such inclusion or exclusion. Further, the
Department is not required to formally provide justifications
to the Committees identifying initiatives or activities that
are not included in the WCF. Section 504 of this Act
eliminates the longstanding requirement that the WCF is
subject to the reprogramming requirements contained in
section 503 of this Act and instead directs quarterly
reporting on obligations, expenditures, and the projected
annual operating level for each WCF activity. In addition,
the Department shall notify
[[Page H928]]
the Committees when an initiative or activity is added to or
removed from the WCF. These changes will provide increased
insight into the real-time operations of the WCF and provide
Congress the information necessary to conduct robust
oversight.
Annual Budget Justifications
The CFO is directed to ensure that fiscal year 2015 budget
justifications for classified and unclassified budgets of all
Department components are submitted concurrently with the
President's budget submission to Congress, as directed in
both the House and Senate reports. The justifications shall
include detailed information and explanations that reflect
the requirements set forth under this heading in the Senate
report. In addition, the Department is directed to inform the
Committees of the base funding level of any activity for
which the budget request proposes to increase or decrease
funding for an activity within a PPA, as specified in the
House report.
Future Years Homeland Security Program
Bill language is included requiring the Secretary to submit
with the fiscal year 2015 budget submission a Future Years
Homeland Security Program (FYHSP), as directed in the House
report. GAO shall review the FYHSP and submit its findings to
the Committees within 90 days of receipt of the FYHSP.
Office of the Chief Information Officer
A total of $257,156,000 is provided for the Office of the
Chief Information Officer (OCIO), of which $142,156,000 is
available until September 30, 2015. A general provision is
included in Title V of this Act requiring the submission of a
multi-year investment justification and management plan. This
plan should include investments funded through this account
as well as those overseen by the CIO through the WCF.
However, the plan should not include investments funded under
other appropriations, as such information is provided in
other reports. The amount provided for this appropriation by
PPA is as follows (additional direction is contained in the
classified annex accompanying this statement):
------------------------------------------------------------------------
Budget estimate ( Final bill ( $
$ 000 ) 000 )
------------------------------------------------------------------------
Salaries and Expenses............. $117,347 $115,000
Information Technology Services... 32,712 34,000
Infrastructure and Security 100,063 45,000
Activities.......................
Homeland Secure Data Network...... 77,132 63,156
-------------------------------------
Total, Office of the Chief $327,254 $257,156
Information Officer..........
------------------------------------------------------------------------
Data Center Migration
A total of $42,200,000 is provided for data center
migration (DCM) under a general provision in Title V of this
Act. When this funding is combined with unobligated balances,
the total amount available for this effort will enable the
Department to execute the DCM program well into fiscal year
2015. In lieu of the direction in the House report, the CIO
shall submit a detailed expenditure plan for DCM not later
than 45 days after the date of enactment of this Act. As per
the revised WCF direction contained in this Act, DCM
operations and maintenance is not required to be funded
through the WCF.
Sharing and Safeguarding Classified Information
The bill provides $21,024,000 to implement information
sharing and safeguarding measures to protect classified
national security information. As directed in the Senate
report, the CIO shall brief the Committees on its program
execution plan for this funding and strategy for improving
the protection of national security information held by DHS.
Analysis and Operations
A total of $300,490,000 is provided for Analysis and
Operations, of which $129,540,000 shall remain available
until September 30, 2015. Not more than $3,825 of the funds
provided under this heading shall be for official reception
and representation expenses. Other funding details are
included within the classified annex accompanying this
explanatory statement.
Office of Inspector General
A total of $139,437,000 is provided for the OIG, including
$115,437,000 in direct appropriations and $24,000,000
transferred from the Federal Emergency Management Agency
(FEMA) Disaster Relief Fund (DRF) for audits and
investigations related to the DRF. The OIG is directed to
submit an expenditure plan for all fiscal year 2014 funds not
later than 30 days after the date of enactment of this Act,
and, thereafter, is directed to submit an expenditure plan
within its annual budget justification, as specified in the
Senate report. This plan shall include proposed expenditures
for integrity oversight, as specified in the House and Senate
reports. The OIG is directed to include DRF transfers in the
CFO's monthly budget execution reports submitted to the
Committees, which shall satisfy the requirements for
notification of DRF transfers under a general provision in
Title V of this Act.
FEMA Audits
FEMA and the OIG have embarked on a process to identify
preventative measures to eliminate waste, fraud, and abuse
instead of the current disruptive nature of identifying both
project-specific and systemic problems well after the fact.
This is essential for protection of taxpayer dollars and
effective disaster preparedness and recovery. In lieu of the
requirement in the Senate report for the FEMA Administrator
and the OIG to provide a joint report, FEMA and the OIG are
directed to jointly brief the Committees on a quarterly basis
on improvements to better guard against waste, fraud, and
abuse in all FEMA programs. The briefings shall include a
framework to make the audit process preventative; changes to
audit procedures to ensure cost effective findings and to
address root causes found in after-the-fact reports; specific
steps needed to implement systemic improvements by all
recommendation categories, beginning with business
transformation, unsupported cost, and ineligible work or
costs; and timeframes to complete specific goals.
Anti-Corruption Efforts
The OIG shall review the efficacy of the hiring strategy
being developed by the Department for background
investigations on potential new hires and provide relevant
input.
Travel
The OIG is directed to examine Department-wide travel costs
and to identify excessive expenditures and potential savings,
as detailed in the Senate report.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
A total of $8,145,568,000 is provided for Salaries and
Expenses, of which $2,237,000,000 is derived from the
merchandise processing fee. Not to exceed $34,425 of the
funds under this heading shall be for official reception and
representation expenses. Of the total, $1,000,000 is included
for the Office of Border Patrol horse patrol, as recommended
in the Senate report, and $1,000,000 is included for inland
Border Patrol stations, as recommended in the House report.
As intended under the Consolidated Omnibus Budget
Reconciliation Act of 1985, the bill includes a provision
from the President's budget request providing CBP with access
to an estimated $110,000,000 in fee revenue pursuant to the
Colombia Free Trade Agreement.
Border Security Inspections and Trade Facilitation is
funded at $3,215,844,000, of which $2,856,573,000 is for
Inspections, Trade, and Travel at Ports of Entry. For
frontline operations, the bill provides $255,715,000 to hire
not less than 2,000 new CBP officers (CBPO). In addition
$10,000,000 is provided for business transformation
initiatives, targeting efforts, and traveler enhancement
programs, as specified in the House and Senate reports
respectively and $10,000,000 is provided to restore proposed
reductions to mission support. A total of $40,912,000 is
provided for the Customs-Trade Partnership Against Terrorism
(C-TPAT) program, the same as fiscal year 2013. As per the
Senate report, $16,741,000 is included to account for the
transfer of the Arrival Departure Information System (ADIS)
from OBIM to CBP.
Border Security and Control between Ports of Entry is
funded at $3,730,794,000, which includes $3,675,236,000 for
Border Security and Control and $55,558,000 for training.
This level supports the legislatively-mandated floor of not
less than 21,370 Border Patrol agents. CBP and ICE are
directed to provide a briefing on their respective roles and
responsibilities regarding medical care of CBP's detainees,
including programs for medical triage at Border Patrol
Stations for individuals apprehended by the Border Patrol,
not later than 90 days after the date of enactment of this
Act.
As outlined in the Senate report, funding for Automated
Targeting Systems (ATS) is transferred from Salaries and
Expenses to Automation Modernization so that CBP may take
advantage of the longer availability of these funds for
contracting purposes.
As described in the House report, CBP is directed to submit
quarterly staffing and hiring reports to the Committees.
Briefings on progress in implementing enhancements to ATS, as
stated in the House report, shall be semiannual.
The amounts provided for the PPAs in this appropriation are
as follows:
------------------------------------------------------------------------
Budget Estimate ( Final Bill
$ 000 ) ( $ 000 )
------------------------------------------------------------------------
Headquarters, Management, and
Administration:
Border Security Inspections and Trade $620,656 ...........
Facilitation.........................
Border Security and Control between 592,330 ...........
Ports of Entry.......................
Commissioner.......................... ................. $23,656
Chief Counsel......................... ................. 42,921
Congressional Affairs................. ................. 2,466
Internal Affairs...................... ................. 149,061
Public Affairs........................ ................. 11,934
Training and Development.............. ................. 76,082
Technology, Innovation, and ................. 22,788
Acquisition..........................
Intelligence/Investigative Liaison.... ................. 60,747
Administration........................ ................. 403,473
Rent.................................. 407,898 405,802
-------------------------------
Subtotal, Headquarters, Management, 1,620,884 1,198,930
and Administration.................
Border Security Inspections and Trade
Facilitation:
Inspections, Trade, and Travel 2,727,294 2,856,573
Facilitation at Ports of Entry.......
Harbor Maintenance Fee Collection 3,274 3,274
(Trust Fund).........................
International Cargo Screening......... 72,260 67,461
Other International Programs.......... 24,740 24,000
Customs--Trade Partnership Against 40,183 40,912
Terrorism............................
Trusted Traveler Programs............. 6,311 5,811
Inspection and Detection Technology 112,526 112,004
Investments..........................
Automated Targeting Systems........... 109,944 ...........
National Targeting Center............. 65,474 65,106
Training.............................. 47,651 40,703
-------------------------------
Subtotal, Border Security 3,209,657 3,215,844
Inspections and Trade Facilitation.
Border Security and Control between
Ports of Entry:
Border Security and Control........... 3,700,317 3,675,236
[[Page H929]]
Training.............................. 55,928 55,558
Subtotal, Border Security and 3,756,245 3,730,794
Control between Ports of Entry.....
Air and Marine Operations............... 286,769 ...........
US-VISIT................................ 253,533 ...........
-------------------------------
Total............................. $9,127,088 $8,145,568
------------------------------------------------------------------------
Administratively Uncontrollable Overtime
CBP is directed to support the Department's review of the
rampant use of Administratively Uncontrollable Overtime (AUO)
across the Department. Recognizing the particular challenges
of the Border Patrol, the Commissioner shall work with the
National Border Patrol Council to expeditiously develop a pay
reform proposal and submit it to Congress. Until such
proposal is enacted, CBP shall be judicious in the use of
AUO, consistent with current law, policies, and operational
needs and cognizant of budgetary constraints.
CBP Staffing
To meet the workload created by the increasing volume of
trade and travel, the bill provides $255,715,000 to increase
the CBPO workforce by not fewer than 2,000 new officers by
the end of fiscal year 2015. Without adversely impacting
mission support, the Department is directed to include,
within its forthcoming budget proposal, funds sufficient to
fully annualize the cost of all new CBPOs to be hired in
fiscal year 2014, and to submit a description of the hiring
process and timetable for bringing all of the new officers on
board. A schedule for conducting background investigations
and polygraphs shall be included in the required expenditure
plan.
Customs wait times have reached record highs at U.S.
international airports. To stem this increasing problem while
maintaining security, a new general provision is included in
Title V of this Act requiring CBP to evaluate the efficiency
and effectiveness of current passenger processing methods. To
ensure the entire passenger experience is represented in this
evaluation, including factors and challenges beyond CBP's
control, the provision directs CBP to develop operations
plans with stakeholders that incorporate wait times at each
step in the process, such as the time it takes to deplane,
reach the Federal Inspection Service area, complete customs
and immigration processing, and claim luggage.
Finally, in assigning these new officers, CBP is directed
to be mindful of the critical importance of adequately
supporting operations in the cargo environment, which
generates more than $2,237,000,000 in revenue as a result of
the Merchandise Processing Fee and is critical to expanding
the nation's gross domestic product on an annual basis. As
specified in the Senate report, not later than 90 days after
the date of enactment of this Act, CBP is directed to brief
the Committees on its plan to deploy additional equipment and
officers, and on the anticipated impact the increased
operations will have on reducing wait times.
Preventing Human Trafficking
The agreement strongly supports DHS efforts to broaden
human trafficking awareness, including through CBP's Blue
Lightning Initiative. In lieu of language in the House
report, CBP is urged to provide additional resources to the
initiative, as appropriate, to help ensure that airline
personnel are trained to identify the signs of human
trafficking. In addition, CBP shall provide a briefing to the
Committees on the programs it operates to support the Blue
Campaign, and shall include a specific funding proposal for
such programs in the President's budget request, as required
by the House report.
Public-Private Partnerships
The Senate bill included two general provisions authorizing
CBP to receive funding from outside sources to reimburse the
costs of certain CBP services and to accept donations of real
and personal property and non-personal services. Both
provisions responded to CBP's efforts to find alternate
sources of funding and to mitigate against the growing demand
for new and expanded facilities and, in particular, the
ongoing modernization needs of CBP's land port of entry
portfolio.
To address these concerns, the bill establishes a five-year
pilot program to permit CBP to enter into partnerships with
private sector and government entities related to ports of
entry. The legislation requires that CBP and GSA: 1)
establish criteria that identify and document their
respective roles and responsibilities; 2) identify, allocate,
and manage potential risks; 3) define clear, measurable
objectives; and 4) publish procedures for evaluating
partnership projects. Annual reports to Congress are required
to ensure proper programmatic review and oversight. Moreover,
CBP is required to provide notification to the Committees
prior to announcing any new partnership agreements resulting
from this section, consistent with the direction provided in
section 560 of Public Law 113-6.
The pilot program enables CBP to be reimbursed for services
and to accept donations. With regard to reimbursable service
agreements, however, the bill does not provide any new
authority for CBP to provide services outside the United
States. While there is no specific limit on the number of
partnerships related to land or sea ports authorized under
the pilot program, CBP may enter into no more than five
agreements at CBP-serviced air ports of entry for overtime
costs only. Funds collected must be deposited as offsetting
collections and will remain available without fiscal year
limitation.
Cargo Security Strategy and Inspecting High Risk Cargo Overseas
After testifying to the infeasibility of implementing the
9/11 Act requirement to scan 100 percent of containers bound
for the United States prior to loading them on a vessel in a
foreign port, the former Secretary extended the deadline for
complying with this requirement for two years. The new
Secretary should reevaluate the feasibility of implementing
the 100 percent scanning requirement and either issue a 100
percent scanning strategy or propose an alternative strategy
for consideration by Congress. The Department shall brief the
Committees regarding a proposed cargo security strategy not
later than 90 days after the date of enactment of this Act.
Border Patrol Staffing Plan
CBP submitted a five-year staffing and deployment plan for
Border Patrol agents that provided factors for deployment
decisions and priorities. However, it failed to provide a
true strategy for future years to justify Border Patrol
staffing requirements and deployment decisions. The Border
Patrol shall develop a staffing model similar to the one used
by the Office of Field Operations in justifying and
allocating CBPOs. CBP shall brief the Committees not later
than 120 days after the date of enactment of this Act on its
plan for developing the model, including cost and schedule.
Trade Enforcement
Both the House and Senate reports contain specific
guidance--including briefing and reporting requirements--
regarding resources dedicated to cargo inspection and
commercial fraud, including circumvention of duties and
misclassification of entries of goods from China; collection
of outstanding duties; the use of single entry transaction
bonds; coordination with the Departments of the Treasury and
Commerce on the use of new shipper reviews and improvement of
liquidation instructions; and enhanced trade enforcement
efforts. CBP is directed to adhere to these requirements and,
to the extent practicable, publish the report on collection
of outstanding duties on the CBP website.
Jones Act
CBP is directed to brief the Committees on the steps it is
taking to adhere to the guidance in the Senate report with
regard to the Jones Act.
Advanced Training Center
The bill provides $39,853,000 for the National Training
Plan at the Advanced Training Center.
AUTOMATION MODERNIZATION
A total of $816,523,000 is provided for Automation
Modernization. Of that amount, $358,655,000 is for
Information Technology; $116,932,000 is transferred from
Salaries and Expenses for ATS, including $7,000,000 for
enhancements to targeting capabilities and continuous data
quality improvement and enrichment initiatives, as specified
in the House report; $200,174,000 is for Current Operations
Protection and Processing Support; and $899,300 is for five
technical FTE to support moving ADIS to CBP. CBP, jointly
with ICE, is directed to brief the Committees semiannually on
TECS modernization. CBP shall also brief on all information
technology improvements planned, funded, and implemented
since fiscal year 2011 and how the funds provided in this Act
shall enhance all Automation Modernization efforts.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
A total of $351,454,000 is provided for Border Security
Fencing, Infrastructure, and Technology (BSFIT). Bill
language is included restricting additional deployments of
integrated fixed towers (IFT) until the Chief of the Border
Patrol certifies that the capability meets the Border
Patrol's operational requirements. Of the amount provided for
Development and Deployment, $77,366,000 is included for IFTs;
$40,000,000 is included for tactical communications; and
$1,765,000 is included to mitigate impacts from deploying
BSFIT assets. Eight Tethered Aerostat Radar Systems (TARS)
were transferred from DoD in July. These blimp-mounted radars
are cost effective and valuable tools for maintaining
persistent surveillance of the border. CBP shall provide a
briefing to the Committees on whether a different
configuration of the TARS capability may have application in
Puerto Rico or elsewhere along the southern and coastal/
maritime borders.
AIR AND MARINE OPERATIONS
A total of $805,068,000 is provided for Air and Marine
Operations. The funding includes $286,818,000 for Salaries
and Expenses; $392,000,000 for Operations and Maintenance to
sustain no fewer than 107,000 flight hours; and $126,250,000
for Procurement. The Procurement funds include: $35,000,000
for Blackhawk conversions; $17,300,000 for two synthetic
aperture radar systems; $24,000,000 for the P-3 Service Life
Extension Program; $3,500,000 for sensor upgrades;
$43,000,000 for two Multi-Role Enforcement Aircraft; and
$3,450,000 for various marine vessels.
CONSTRUCTION AND FACILITIES MANAGEMENT
A total of $456,278,000 is provided for Construction and
Facilities Management. Of that amount, $375,398,000 is for
Facilities Construction and Sustainment and $80,880,000 is
for Program Oversight and Management. Because GSA has not yet
delegated authority to CBP for oversight of some CBP
facilities, Facilities Construction and
[[Page H930]]
Sustainment is reduced by $10,000,000, and Program Oversight
and Management is reduced by $5,000,000. Both the House and
Senate reports include specific guidance--including briefing
and reporting requirements--regarding CBP's real property
inventory, annual plan, and collaboration with GSA on land
border ports of entry (LPOE). In addition to these
requirements, CBP, jointly with GSA, shall provide a briefing
to the Committees on the delegation of authority plan for
LPOEs not later than 90 days after the date of enactment of
this Act. As per the Senate report, the Department shall
encourage the use of small businesses, including the use of
public-private partnerships, in all phases of the contracting
process for construction and renovation of LPOEs.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
A total of $5,229,461,000 is provided for Salaries and
Expenses to ensure robust enforcement of our Nation's
immigration laws. Within this amount, the bill provides
$168,531,000 above the request to ensure that no fewer than
34,000 detention beds are maintained and supported, as
mandated in statutory language. In addition, the agreement
restores many of the proposed reductions in the President's
budget for law enforcement agents, operations,
investigations, and mission support. Not to exceed $11,475 of
the funds provided under this heading shall be for official
reception and representation expenses.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget estimate Final bill
($000) ($000)
------------------------------------------------------------------------
Headquarters Management and
Administration
Personnel Compensation and $192,236 $191,909
Benefits, Services, and Other
Costs........................
Headquarters Managed IT 141,294 143,808
Investment...................
-------------------------------------
Subtotal, Headquarters 333,530 335,717
Management and
Administration...........
Legal Proceedings................. 204,651 205,584
Investigations
Domestic Investigations....... 1,599,972 1,672,220
International Investigations
International Operations...... 100,544 99,741
Visa Security Program......... 31,630 31,541
-------------------------------------
Subtotal, International 132,174 131,282
Investigations...........
-------------------------------------
Subtotal, 1,732,146 1,803,502
Investigations.......
Intelligence...................... 75,448 74,298
Detention and Removal Operations
Custody Operations............ 1,844,802 1,993,770
Fugitive Operations........... 125,771 128,802
Criminal Alien Program........ 291,721 294,155
Alternatives to Detention..... 72,435 91,444
Transportation and Removal 255,984 276,925
Program......................
-------------------------------------
Subtotal, Detention and 2,590,713 2,785,096
Removal Operations.......
Secure Communities................ 20,334 25,264
-------------------------------------
Total, Salaries and $4,956,822 $5,229,461
Expenses.............
------------------------------------------------------------------------
Headquarters Management and Administration
A total of $335,717,000 is provided for Headquarters
Management and Administration. ICE shall submit staffing and
hiring updates to the Committees on a quarterly basis.
287(g)
The agreement fully funds the current 287(g) program, which
allows ICE to leverage participating state and local law
enforcement personnel for the identification of criminal
aliens and other unlawfully present aliens in state and local
jails and correctional facilities who pose a danger to our
communities. ICE should consider whether the program can be
expanded and improved to more efficiently and effectively
enforce immigration laws.
Domestic Investigations
A total of $1,672,220,000 is provided for Domestic
Investigations. The agreement restores cuts proposed in the
President's budget to investigations related to money
laundering, seizure of drugs and illegal firearms,
indictments for child exploitation and pornography, and
worksite enforcement, including reductions proposed in the
number of associated agents and investigative and mission
support personnel. Within the total, an increase of
$15,000,000 is provided for the prevention and disruption of
human smuggling and trafficking, including Angel Watch, and
for counter-proliferation, anti-gang, and drug smuggling
investigations, and the Child Exploitation Investigations
Unit. Of the $15,000,000, not less than $2,000,000 shall be
for visa overstay enforcement. ICE is encouraged to
prioritize pre-adjudication visa vetting operations.
ICE is directed to submit an expenditure plan for Domestic
Investigations not later than 90 days after the date of
enactment of this Act that clearly details the number of
agents and all other personnel classifications supported by
this funding level, including the number of personnel on
board, new hires to backfill positions lost to attrition
since the beginning of fiscal year 2013, and new hires to
restore positions lost during prior fiscal years. The plan
shall outline the financial resources by object class and the
personnel dedicated to each mission area. To the extent funds
restored in this bill are not used to hire additional agents,
ICE is directed to provide a detailed breakout of the
activities supported. ICE shall continue to provide quarterly
data on investigative activities and expenditures.
Additionally, ICE is directed to brief the Committees not
later than October 31, 2014, on commercial fraud and
intellectual property rights investigations, as described in
the House report.
International Investigations
A total of $131,282,000 is provided for International
Investigations. ICE shall ensure not less than $8,000,000 is
utilized to support vetted units.
Detention and Removal Operations
A total of $2,785,096,000 is provided for Detention and
Removal Operations.
In general, ICE should refrain from administratively moving
individuals who have been placed in other than short-term
detention to a less restrictive form of supervision, except
based on compelling factors and when such individuals are
eligible for a particular, non-detention form of supervision.
The Committees must be informed within 30 days of any such
administrative releases of long-term detainees.
The Committees continue to direct ICE, in conjunction with
CBP and U.S. Citizenship and Immigration Services (USCIS), to
improve its capabilities to provide comprehensive reporting
on enforcement actions. ICE shall provide additional data as
it is available in the Border Security Status and Detention
and Removal Operations reports.
Custody Operations
A total of $1,993,770,000 is provided for Custody
Operations, including an increase of $147,531,000 to support
the requirement to maintain 34,000 detention beds.
ICE shall take all steps necessary to reduce the daily bed
rate cost through a competitive process and brief the
Committees on the steps it has taken to reduce the costs of
detention and removal. ICE is also expected to ensure all
detention contracts and agreements implement the Use of Force
exception for all pregnant women in ICE detention.
As proposed in the House report, the bill provides funds
for medical care of CBP's detainees, as necessary. The
Committees direct CBP and ICE to provide a briefing on the
responsibilities for both agencies in this arena, including
pilot programs for medical triage at Border Patrol stations
for individuals apprehended by the Border Patrol, not later
than 90 days after the date of enactment of this Act.
Fugitive Operations
A total of $128,802,000 is provided for Fugitive
Operations, including $4,000,000 above the request to ensure
procurement of mobile biometric readers for use by Fugitive
Operations Teams.
Criminal Alien Program
A total of $294,155,000 is provided for the Criminal Alien
Program, including an increase of $5,000,000 for the Law
Enforcement Support Center to ensure robust support of Secure
Communities now that it is fully deployed.
Alternatives to Detention
A total of $91,444,000 is provided for the Alternatives to
Detention (ATD) program, equal to the amount available for
this program in fiscal year 2013. ICE is expected to make
full use of ATD, based on appropriate considerations of
flight risk and danger to the community. ICE shall provide a
briefing to the Committees on the results of its electronic
monitoring pilot program by July 31, 2014. The briefing
should include estimates on how increased use of electronic
monitoring methods can increase the capacity of the ATD
program while reducing costs. In addition, the GAO is
directed to provide a report evaluating ICE's implementation
of the ATD program by September 15, 2014, including any
recommendations for how the program could be improved.
Transportation and Removal Program
A total of $276,925,000 is provided for the Transportation
and Removal Program, including an increase of $21,000,000 as
proposed in the House report.
Secure Communities
A total of $25,264,000 is provided for Secure Communities,
as specified in the House report, which includes $4,930,000
above the request to improve Enforcement and Removal
Operations' (ERO) analytical, planning, reporting and
performance management processes, particularly as they relate
to detention and removal activities. ERO is directed to
provide quarterly briefings to the Committees on its
progress.
The Department shall update the Committees not later than
60 days after the date of enactment of this Act on the number
of jurisdictions failing to honor ICE detainers, the number
of individuals released as a result, delineated by ICE
priority category, and the number of such individuals
remaining at large.
AUTOMATION MODERNIZATION
A total of $34,900,000 is provided for Automation
Modernization. The Committees direct ICE and CBP to continue
semiannual briefings on TECS modernization. The initial
briefing shall include an update on the progress of the
electronic health records initiative.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
($ 000) ($ 000)
------------------------------------------------------------------------
IT Investment........................... ................. $8,400
TECS Modernization...................... $34,900 23,000
Electronic Health Records............... ................. 3,500
-------------------------------
[[Page H931]]
Total............................... $34,900 $34,900
------------------------------------------------------------------------
construction
A total of $5,000,000 is provided for Construction, as
requested.
Transportation Security Administration
aviation security
A total of $4,982,735,000 is provided for Aviation
Security. Not to exceed $7,650 of the funds provided under
this heading shall be for official reception and
representation expenses.
In addition to the discretionary appropriation for aviation
security, a mandatory appropriation totaling $250,000,000 is
available through the Aviation Security Capital Fund.
Statutory language reflects the collection of $2,120,000,000
from aviation security fees, as authorized.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
($ 000) ($ 000)
------------------------------------------------------------------------
Screening Operations:
Screener Workforce:
Privatized Screening................ $153,190 $158,190
Screener Personnel, Compensation, 3,033,526 3,033,526
and Benefits.......................
-------------------------------
Subtotal, Screener Workforce.... 3,186,716 3,191,716
Screener Training and Other......... 226,936 226,857
Checkpoint Support.................. 103,377 103,309
EDS/ETD Systems:
EDS Procurement and Installation.... 83,987 73,845
Screening Technology Maintenance.... 298,509 298,509
-------------------------------
Subtotal, EDS/ETD Systems....... 382,496 372,354
Subtotal, Screening 3,899,525 3,894,236
Operations.................
Aviation Security Direction and
Enforcement:
Aviation Regulation and Other 354,650 354,437
Enforcement........................
Airport Management and Support...... 590,871 587,000
Federal Flight Deck Officer and --- 24,730
Flight Crew Training...............
Air Cargo........................... 122,990 122,332
-------------------------------
Subtotal, Aviation Security 1,068,511 1,088,499
Direction and Enforcement......
Total, Aviation Security.... $4,968,036 $4,982,735
------------------------------------------------------------------------
Privatized Screening
A total of $158,190,000 is provided for the Screening
Partnership Program (SPP). TSA is expected to more
proactively utilize the SPP, to expeditiously approve the
applications of airports seeking to participate in the
program that meet legislatively mandated criteria, and to
notify the Committees if it expects to spend less than the
appropriated amount.
TSA is directed to implement generally accepted accounting
methodologies for cost and performance comparisons. As
detailed in the House report, this includes, but is not
limited to, comprehensive and accurate comparisons of Federal
employee retirement costs and the administrative overhead
associated with Federal screening services. TSA is directed
to provide a report to the Committees not later than 90 days
after the date of enactment of this Act on how it is
implementing GAO recommendations to compare cost and
performance of SPP airports and non-SPP airports.
As detailed in the Senate report, TSA is directed to
allocate resources for an independent study of the
performance of federalized compared to privatized screening.
The study shall include, but not be limited to, security
effectiveness, cost, throughput, wait times, management
efficiencies, and customer satisfaction. With respect to TSA
cost estimates, the study shall include indirect costs as
recommended by GAO (GAO-09-27R). A copy of the study shall be
provided to GAO for review and GAO shall brief the Committees
within 90 days of receipt of the study on its strengths and
weaknesses. TSA is directed to consult with, and fully
inform, stakeholders at SPP airports prior to the
implementation of any status changes to the SPP and to brief
the Committees on any proposed changes being considered. TSA
is to provide the Committees semiannual reports on its
execution of the SPP and the processing of applications for
participation.
Screener Personnel, Compensation, and Benefits
A total of $3,033,526,000 is provided for Screener
Personnel, Compensation, and Benefits. Consistent with the
President's budget request, the House and Senate bills did
not include funds for Federal screeners to secure exit lanes.
By accepting the savings associated with shifting the
responsibility of staffing exit lanes to airport operators,
the House and Senate bills assumed a reduction in the total
number of Federal screeners by 1,487 FTE and, accordingly,
included a reduction in the total funding for TSA. In
contrast, the Bipartisan Budget Act of 2013 requires TSA to
continue monitoring exits from the sterile areas at the
airports that currently receive this service, which TSA
estimates will cost the government an additional $60,200,000
in fiscal year 2014. Additional funds are provided in the
bill to address this requirement. In lieu of the direction in
the Senate report related to technology pilots, TSA, in
coordination with its airport partners, shall continue to
evaluate cost effective solutions to secure exit lanes. In
addition, the total amount provided under this heading
reflects a reduction of $28,000,000 for staffing of Advanced
Imaging Technology (AIT) that is no longer necessary.
Uniforms
TSA shall provide a report not later than 60 days after the
date of enactment of this Act describing in detail how it is
complying with the Buy American Act (41 U.S.C. Chapter 83)
and section 604 of Public Law 111-5 (6 U.S.C. 453b),
including what measures it is taking to ensure compliance,
and the total number of uniforms and screener consumables
purchased in fiscal years 2012 and 2013.
Risk-Based Approaches to Passenger Screening
TSA is to be commended for its progress in implementing
risk-based approaches to passenger screening, including
expedited passenger screening for many categories of
generally lower-risk populations. TSA set a goal for 2013 of
screening 25 percent of commercial air travelers by expedited
screening techniques and committed to doubling the percentage
of passengers eligible for expedited screening by the end of
2014. These changes, as well as TSA's plans for further risk-
based security measures, will substantially improve the
experience of air travelers. Given the significant potential
for risk-based screening measures to economize TSA
operations, the bill includes statutory language requiring
the Administrator to certify when TSA has reached the goal of
making one in four members of the traveling public eligible
for expedited screening, requiring a strategy to expand the
expedited screening eligibility to 50 percent by the end of
2014, and directing TSA to provide the Committees with
semiannual reports starting not later than April 15, 2014, on
the resource implications of expedited passenger screening
associated with risk-based security initiatives.
Customer Service
As detailed in the Senate report, TSA is directed to
include passenger support specialist training in basic
training for Transportation Security Officers.
Explosives Detection Systems
A total of $73,845,000 is provided for Explosives Detection
Systems (EDS) Procurement and Installation. Including the
existing mandatory Aviation Security Capital Fund
appropriation of $250,000,000, the total appropriation for
fiscal year 2014 for EDS Procurement and Installation is
$323,845,000. As required by the 9/11 Act, TSA is directed to
give funding consideration to airports that incurred eligible
costs for EDS but were not recipients of funding agreements.
As detailed in the House report, TSA is to provide a report
not later than 60 days after the date of enactment of this
Act detailing the steps being taken to resolve claims from
airports for reimbursement for previously incurred eligible
costs associated with the construction and deployment of in-
line baggage screening systems. The fiscal year 2014 EDS
expenditure plan shall also identify airports eligible for
funding pursuant to section 1604(b)(2) of Public Law 110-53
and funding, if any, allocated to reimburse those airports.
As detailed in the Senate report, TSA is directed to submit
not later than 30 days after the date of enactment of this
Act its formal EDS recapitalization plan as described in the
budget request and to brief the Committees not later than 60
days after the date of enactment of this Act on its timeline
and progress toward completion of operational testing and
evaluation of next generation Explosive Trace Detection (ETD)
systems. Recognizing that TSA has significantly reduced its
large carryover balances for EDS procurement and
installation, monthly updates as directed in the Senate
report are not required.
Expenditure Plans for Purchase and Deployment of Explosive Detection
Equipment
The bill withholds $20,000,000 from obligation for
Headquarters Administration until TSA submits to the
Committees, not later than 60 days after the date of
enactment of this Act, detailed expenditure plans for fiscal
year 2014 for air cargo, checkpoint security, and EDS
refurbishment, procurement, and installations on an airport-
by-airport basis. The withholding is included to encourage
timely submittal of materials necessary for robust and
informed oversight. As described in the House and Senate
reports, the plans shall include specific technologies for
purchase; program schedules and major milestones; a schedule
for obligation of the funds; recapitalization priorities; the
status of operational testing for each passenger screening
technology under development; and a table detailing actual
versus anticipated unobligated balances at the close of the
fiscal year. The plan shall also include details on passenger
screening pilot programs that are in progress or being
considered for implementation in fiscal year 2014. As
described in the Senate report, information in this section
is to include a summary of each pilot program.
Aviation Regulation and Other Enforcement
A total of $354,437,000 is provided for Aviation Regulation
and Other Enforcement. Of this amount, $89,950,000 is for the
National Canine Program, an increase of $1,250,000, which, in
total, supports 921 teams in fiscal year 2014, and not fewer
than 10 additional canine teams for domestic inspections in
the air cargo and aviation regulation environments. Funds are
also provided for the National Canine Program within the
Surface Transportation Security appropriation. TSA-funded
canine teams have proven to be a reliable, effective, and
efficient way to screen for explosive devices.
Perimeter Security
TSA is directed to report to the Committees not later than
90 days after the date of enactment of this Act on its
efforts to work with state and local law enforcement, airport
authorities, and other land owners and
[[Page H932]]
tenants to secure all perimeters at the nation's airports.
Airport Management and Support
A total of $587,000,000 is provided for Airport Management
and Support, including the requested realignment of funds
from the Transportation Security Support, Surface
Transportation, and Federal Air Marshals (FAMs)
appropriations to merge like costs into one account.
Advanced Integrated Screening Technologies
TSA is directed to continue providing a report on advanced
integrated passenger screening technologies for the most
effective security of passengers and baggage not later than
90 days after the date of enactment of this Act. As detailed
in the Senate report and directed in the bill, the report is
to include projected funding levels for the next five fiscal
years for each technology discussed. By adding a multi-year
requirement to this report, a separate five-year strategic
plan of investments is no longer required. The information
contained in this report should be shared with TSA's industry
partners, to the maximum extent practicable, to allow for
necessary research, planning, and development of passenger
and baggage screening technologies.
surface transportation security
A total of $108,618,000 is provided for Surface
Transportation Security. Within the amount appropriated, the
bill provides $35,262,000 for Staffing and Operations and
$73,356,000 for Surface Transportation Security Inspectors
and Canines.
transportation threat assessment and credentialing
A total of $176,489,000 is provided for Transportation
Threat Assessment and Credentialing (TTAC). To facilitate
oversight, TSA shall brief the Committees not later than 60
days after the date of enactment of this Act on the status of
TTAC Infrastructure Modernization.
Secure Flight
A total of $93,202,000 is provided for Secure Flight. Due
to delays in implementing the Large Aircraft and Charter
Screening Program, increased funding requested is not
provided.
Other Vetting
A total of $83,287,000 is provided for Other Vetting.
Included in this amount are funds necessary for emerging
requirements to expand the number of lower-risk passengers
eligible for expedited screening.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ($
000) Final Bill ($ 000)
----------------------------------------------------------------------------------------------------------------
Secure Flight................................................. $106,198 $93,202
Crew and Other Vetting Programs............................... 74,419 83,287
-------------------------------------------------
Subtotal, Direct Appropriations........................... 180,617 176,489
TWIC Fees..................................................... 36,700 36,700
Hazardous Materials Fees...................................... 12,000 12,000
Alien Flight School Fees...................................... 5,000 5,000
Air Cargo/Certified Cargo Screening Program................... 5,400 5,400
Commercial Aviation and Airport Fee........................... 6,500 6,500
Other Security Threat Assessments............................. 50 50
General Aviation at DCA....................................... 350 350
-------------------------------------------------
Subtotal, Fee Collections................................. $66,000 $66,000
-------------------------------------------------
Total, TTAC........................................... $246,617 $242,489
----------------------------------------------------------------------------------------------------------------
transportation security support
A total of $962,061,000 is provided for Transportation
Security Support, which includes the requested realignment of
funds from the Federal Air Marshals (FAMs) appropriation to
merge like costs into one account. The bill withholds
$20,000,000 from obligation until TSA submits detailed
expenditure plans for air cargo, checkpoint security, and EDS
refurbishment, procurement and installation.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ($
000) Final Bill ($ 000)
----------------------------------------------------------------------------------------------------------------
Headquarters Administration................................... $284,942 $272,250
Information Technology........................................ 455,484 441,000
Human Capital Services........................................ 212,554 204,250
Intelligence.................................................. 44,809 44,561
-------------------------------------------------
Total, Transportation Security Support.................... $997,789 $962,061
----------------------------------------------------------------------------------------------------------------
federal air marshals
A total of $818,607,000 is provided for FAMs, including
$708,004,000 for Management and Administration and
$110,603,000 for Travel and Training. The amount provided
under this heading reflects current attrition rates within
FAMs and the realignment of FAMs support functions from this
appropriation into the Aviation Security Direction and
Enforcement and Transportation Security Support
appropriations. This level of funding is adequate to ensure
coverage of all high-risk international and domestic flights.
Although the bill does not include a general provision from
the House bill related to FAMs, the Department is required to
deploy FAMs on flights determined by the Secretary to present
high security risks, and to make nonstop, long distance
flights, including inbound international flights, a priority,
as per 49 U.S.C. 44917.
Coast Guard
OPERATING EXPENSES
A total of $7,011,807,000 is provided for Operating
Expenses, including $567,000,000 for defense activities, of
which $227,000,000 is designated for overseas contingency
operations (OCO) and the global war on terrorism (GWOT).
Funds provided in support of GWOT and OCO under this heading
may be allocated, notwithstanding section 503 in Title V of
this Act.
The amount provided for this appropriation includes the
following changes to the budget request: an additional
$25,000,000 to reduce the backlog in critical depot level
maintenance, including $15,000,000 for cutters and
$10,000,000 for aircraft; $28,000,000 for training;
$7,322,000 to maintain one of the two High Endurance Cutters
proposed for decommissioning; $1,000,000 for the Sexual
Assault Prevention and Response Program; $7,722,000 to
restore two HC-130 aircraft proposed for decommissioning;
$12,800,000 for costs necessary to support the Coast Guard at
the St. Elizabeths campus; $7,459,000 realigned from
Acquisition, Construction, and Improvements to address a
personnel imbalance between the two accounts; and a decrease
of $4,504,000 to allow for the decommissioning of four 110-
foot patrol boats. A general provision is included in Title V
of this Act to realign $29,548,000 associated with financial
management. Additionally, the agreement allows for the
closure of two seasonal air facilities, as proposed in the
budget request. Not to exceed $15,300 of the funds provided
under this heading shall be for official reception and
representation expenses.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ($
000) Final Bill
----------------------------------------------------------------------------------------------------------------
Military Pay and Allowances................................... $3,425,306 $3,416,580
Civilian Pay and Benefits..................................... 784,097 782,874
Training and Recruiting....................................... 181,617 205,928
Operating Funds and Unit Level Maintenance.................... 1,061,567 1,034,650
Centrally Managed Accounts.................................... 318,856 319,135
Intermediate and Depot Level Maintenance...................... 983,940 1,012,840
St. Elizabeths Support........................................ ....................... 12,800
Overseas Contingency Operations/Global War on Terrorism....... ....................... 227,000
-------------------------------------------------
Total, Operating Expenses................................. $6,755,383 $7,011,807
----------------------------------------------------------------------------------------------------------------
[[Page H933]]
Overseas Contingency Operations and Global War on Terrorism Funding
The bill includes funding for OCO/GWOT within the Coast
Guard Operating Expenses appropriation instead of within
funding provided to DoD. The Coast Guard is directed to brief
the Committees not later than 30 days after the date of
enactment of this Act on any changes expected in funding for
OCO/GWOT activities during fiscal year 2014. Further, the
Coast Guard is directed to include details of its current and
future support to Central Command in the classified annex of
the fiscal year 2015 budget request.
Reporting Requirements
As detailed in the Senate report, the Department shall
submit reports to the Committees on public-private housing
authority and regarding activities pursuant to section 207(b)
of Public Law 111-281, except that the reports shall be
submitted by the Commandant in lieu of the Secretary. In
addition, the Commandant shall submit to the Committees a
report on the costs of homeporting a National Security Cutter
(NSC) in Alaska and an Arctic strategy implementation plan,
as required in the Senate report.
The Commandant is directed to report to the Committees on
the implementation of Defense STRONG Act policies based on
Public Law 112-81, as required in the House and Senate
reports. Such report shall be submitted not later than 60
days after the date of enactment of this Act.
As detailed in the Senate report, the Commandant shall
submit a report to the Committees, not later than 30 days
after the date of enactment of this Act, detailing planned
small boat purchases, leases, repairs, and service life
replacements for fiscal year 2014. For fiscal year 2015, such
information shall be provided not later than April 15, 2014.
Coast Guard Yard
The Coast Guard Yard located at Curtis Bay, Maryland, is
recognized as a critical component of the Coast Guard's core
logistics capability that directly supports fleet readiness.
Sufficient industrial work should be assigned to the Yard to
sustain this capability.
Regional Coordinators and Sexual Harassment Reporting Requirements
As detailed in the Senate report, $1,000,000 is provided to
enhance the Coast Guard's Sexual Assault Prevention and
Response program, including support for six regional
coordinators, the establishment of sexual assault response
teams in every region, and additional training to expand the
number of victim advocates.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
A total of $13,164,000 is provided for Environmental
Compliance and Restoration. As directed in the House and
Senate reports, the Commandant shall submit with the annual
budget submission an expenditure plan. Further, the
Commandant shall include in the Coast Guard's budget
justification items detailed in the Senate report.
RESERVE TRAINING
A total of $120,000,000 is provided for Reserve Training.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
A total of $1,375,635,000 is provided for Acquisition,
Construction, and Improvements. The amount provided for this
appropriation by PPA is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ($
000) Final Bill
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats....................... 1,000 $1,000
Response Boat--Medium..................................... ....................... 10,000
In-Service Vessel Sustainment............................. 21,000 21,000
National Security Cutter.................................. 616,000 629,000
Offshore Patrol Cutter.................................... 25,000 23,000
Fast Response Cutter...................................... 75,000 310,000
Cutter Small Boats........................................ 3,000 3,000
Polar Ice Breaking Vessel................................. 2,000 2,000
-------------------------------------------------
Subtotal, Vessels..................................... 743,000 999,000
Aircraft:
HC-144 Conversion/Sustainment............................. ....................... 9,200
HC-27J Conversion/Sustainment............................. ....................... 24,900
Long Range Surveillance Aircraft.......................... 16,000 .......................
HC-130J Acquisition/Conversion/Sustainment................ ....................... 129,210
HH-65 Conversion/Sustainment.............................. 12,000 12,000
-------------------------------------------------
Subtotal, Aircraft.................................... 28,000 175,310
Other Acquisition Programs:
Program Oversight and Management.......................... 10,000 10,000
Systems Engineering and Integration....................... 204 204
C4ISR..................................................... 35,226 40,226
CG--Logistics Information Management System............... 1,500 1,500
Nationwide Automatic Identification System................ 13,000 13,000
-------------------------------------------------
Subtotal, Other Acquisition Programs.................. 59,930 64,930
Shore Facilities and Aids to Navigation:
Major Construction: Housing, ATON, and Survey & Design.... 2,000 2,000
Minor Shore............................................... 3,000 3,000
-------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation..... 5,000 5,000
Military Housing.............................................. ....................... 18,000
Personnel and Related Support:
Direct Personnel Costs.................................... 114,747 112,956
Core Acquisition Costs.................................... 439 439
-------------------------------------------------
Subtotal, Personnel and Related Support............... 115,186 113,395
-------------------------------------------------
Total, Acquisition, Construction, and Improvements $951,116 $1,375,635
----------------------------------------------------------------------------------------------------------------
Acquisition Portfolio Review and Mission Needs
As directed in the Senate report, in conducting the
portfolio review described in the Capital Investment Plan,
the Department shall use more appropriate outyear funding
levels that are reflective of the fiscal year 2013 enacted
level for the Acquisition, Construction, and Improvements
appropriation, as adjusted by the pre-sequester caps set in
the Budget Control Act of 2011. The review is to include
acquisition cost, asset capability and quantity tradeoffs,
the overall impact to the Coast Guard's ability to carry out
all of its statutory missions, and how it addresses gaps in
capability based on the most recent mission needs statement.
The results of the review shall be validated by an
independent third party selected by the Secretary and the
Commandant to ensure that a realistic budget outlook does not
censor necessary data on mission needs and tradeoffs. The
portfolio review and independent third party assessment shall
be provided to the Committees not later than April 15, 2014.
Unmanned Aircraft Systems
As described in the Senate report, the Commandant is to
keep the Committees apprised of its efforts for vertical
take-off Unmanned Aircraft Systems (UAS), small UAS, and
land-based UAS development.
National Security Cutter
A total of $629,000,000 is provided for the NSC program. Of
this amount, $540,000,000 is for the production of NSC-7,
$12,000,000 is for the second segment of long lead time
materials for NSC-7, and $77,000,000 is to acquire long lead
time materials for the production of NSC-8.
Military Housing
A total of $18,000,000 is provided for the
recapitalization, improvement, and acquisition of housing to
support military families. Of this amount, $349,996 is
derived from the Coast Guard Housing Fund. The Commandant
shall provide to the Committees an expenditure plan for these
funds in the shore facilities report required to be submitted
not later than 60 days after the date of enactment of this
Act.
Polar Icebreaker Alternatives Analysis
As detailed in the Senate report, the Coast Guard is
directed to submit an alternatives analysis for the
acquisition of a heavy polar icebreaker.
HC-130J Aircraft
A total of $91,710,000 is provided for one fully
missionized HC-130J aircraft. Further, funds are provided for
a new mission package for existing HC-130J aircraft.
C-27J Spartan Aircraft
A total of $31,000,000 is provided to establish an Asset
Project Office for the introduction of the C-27J Spartan
aircraft into the Coast Guard fixed-wing aircraft fleet. Of
this amount, $24,900,000 is provided in a new PPA called HC-
27J Conversion/Sustainment and
[[Page H934]]
$6,100,000 is provided in the Personnel and Related Support
PPA. The aircraft were originally acquired by DoD but have
subsequently been declared excess to requirement. As directed
by section 1098 of the National Defense Authorization Act for
Fiscal Year 2014, DoD is to transfer 14 C-27J aircraft to the
Coast Guard. In return, six HC-130H Coast Guard aircraft are
to be transferred to DoD for various upgrades prior to a
final transfer to the Department of Agriculture for aerial
firefighting. The Coast Guard shall provide regular updates
on the status of the new program as a part of the Quarterly
Acquisition Briefs.
Mission Systems for Fixed Wing Aircraft
A total of $37,500,000 is provided for the HC-130J aircraft
and $9,200,000 for the HC-144 aircraft by rescinding prior
year aviation funds for a new mission system that is
currently in use by the U.S. Navy and by CBP. The use of this
system eliminates the Coast Guard as a single user of the
current system while at the same time enhances affordability
and sustainability. The Coast Guard shall provide regular
updates on the programs as part of the Quarterly Acquisition
Briefs.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
A total of $19,200,000 is provided for Research,
Development, Test, and Evaluation. The Commandant shall
ensure the budget justification for the account is modeled
after the justification format for the Acquisition,
Construction, and Improvements account. Further, the
Commandant is directed to study the viability and
applicability of persistent unmanned maritime vehicles and
other cost-saving maritime technologies through a competitive
process, as directed in the Senate report. The Coast Guard is
not required to create PPAs for Salaries and Expenses and
Research, as required in the House report.
RETIRED PAY
A total of $1,460,000,000 is provided for Retired Pay. The
Coast Guard's Retired Pay appropriation is a mandatory budget
activity.
United States Secret Service
SALARIES AND EXPENSES
A total of $1,533,497,000 is provided for Salaries and
Expenses, of which not to exceed $19,125 shall be for
official reception and representation expenses. Included in
the amount is $13,600,000 above the request in the Protection
of Persons and Facilities PPA; $8,600,000 above the request
in the Domestic Field Operations PPA; and $3,400,000 above
the request in the Headquarters, Management, and
Administration PPA to restore funding to critical Secret
Service staffing. An additional $9,000,000 is also provided
in the Headquarters, Management, and Administration PPA for
permanent change of station costs.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
($ 000) ($ 000)
------------------------------------------------------------------------
Protection:
Protection of persons and facilities $841,078 $848,263
Protective intelligence activities.. 67,782 67,165
National Special Security Event fund 4,500 4,500
-------------------------------
Subtotal, Protection............ 913,360 919,928
Investigations:
Domestic field operations........... 316,433 329,291
International field office 30,958 30,811
administration, operations and
training...........................
Support for Missing and Exploited ................. 8,366
Children...........................
-------------------------------
Subtotal, Investigations........ 347,391 368,468
Headquarters, Management and 177,282 188,964
Administration.........................
Rowley Training Center.................. 55,552 55,118
Information Integration and Technology 1,029 1,019
Transformation.........................
-------------------------------
Total, Salaries and Expenses.... $1,494,614 $1,533,497
------------------------------------------------------------------------
Electronic Crimes Investigations and State and Local Cybercrime
Training
As detailed in the House and Senate reports, the Secret
Service shall continue to robustly support and expand its
training of state and local law enforcement, judges, and
prosecutors to combat cybercrime. Not less than $7,500,000 is
provided for this effort.
Support for Missing and Exploited Children
A total of $6,000,000 is provided for grants in support of
missing and exploited children. The Secret Service is
expected to sustain forensic support at the fiscal year 2013
level of $2,366,000.
Technology Activities
The bill provides a total of $1,019,000 for Information
Integration and Technology Transformation activities of the
Secret Service. The Secret Service is directed to provide
greater detail in its annual budget justification
accompanying the fiscal year 2015 budget request on all
Secret Service information technology activities and shall
brief the Committees not later than 90 days after the date of
enactment of this Act on its ongoing efforts with the DHS CIO
on technology modernization.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $51,775,000 is provided for Acquisition,
Construction, Improvements, and Related Expenses. This
funding covers the acquisition, construction, improvements,
and related expenses for the Rowley Training Center and
investments in Information Integration and Technology
Transformation (IITT) programs. Of the total provided,
$5,380,000 is for facility related expenses for the Rowley
Training Center and $46,395,000 is for IITT. The Secret
Service is directed to submit a multiyear IITT investment and
management plan for fiscal years 2014 through 2017.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration
A total of $56,499,000 is provided for Management and
Administration of the National Protection and Programs
Directorate (NPPD). Additional funds above the fiscal year
2013 level are provided to respond to increased needs in
management functions such as budget, finance, acquisitions,
and human resource management. NPPD is directed to target the
increases only to actions that will ensure prudent management
of resources and protection against misuse of Federal funds.
Not to exceed $3,825 of the funds provided under this heading
shall be for official reception and representation expenses.
infrastructure protection and information security
A total of $1,187,000,000 is provided for Infrastructure
Protection and Information Security (IPIS), of which
$225,000,000 is available until September 30, 2015.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ( $
000 ) Final Bill ( $ 000 )
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Infrastructure Analysis and Planning...................... $57,975 $63,134
Sector Management and Governance.......................... 60,477 62,562
Regional Field Operations................................. 56,708 56,550
Infrastructure Security Compliance........................ 85,790 81,000
-------------------------------------------------
Subtotal, Infrastructure Protection............... 260,950 263,246
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination............................ 4,338 4,320
US Computer Emergency Readiness Team (US-CERT) 102,636 102,000
Operations...........................................
Federal Network Security.............................. 199,769 199,725
Network Security Deployment........................... 406,441 382,252
Global Cybersecurity Management....................... 19,057 25,892
Critical Infrastructure Cyber Protection and Awareness 73,043 73,013
Business Operations................................... 5,125 5,089
-------------------------------------------------
Subtotal, Cybersecurity........................... 810,409 792,291
Communications:
Office of Emergency Communications.................... 36,516 37,450
Priority Telecommunications Services.................. 53,412 53,372
Next Generation Networks.............................. 21,160 21,158
Programs to Study and Enhance Telecommunications...... 10,102 10,074
Critical Infrastructure Protection Programs........... 9,445 9,409
-------------------------------------------------
Subtotal, Communications.......................... 130,635 131,463
-------------------------------------------------
Subtotal, Cybersecurity and Communications........ 941,044 923,754
-------------------------------------------------
Total, Infrastructure Protection and Information $1,201,994 $1,187,000
Security.........................................
----------------------------------------------------------------------------------------------------------------
[[Page H935]]
The bill does not adopt the PPA restructuring for NPPD
submitted as an addendum to the President's budget request
because recent Executive Orders and realignments may require
further changes to the budget structure. However, NPPD should
continue its efforts to consolidate analysis capabilities
that evaluate potential impacts from all hazards that could
disrupt the nation's cyber and physical critical
infrastructure, including efforts to establish the
appropriate organizational structure to facilitate that
consolidation.
It is critical that NPPD maintain a robust infrastructure
information and analysis capability to guide decision making
to prevent and respond to incidents. Therefore, it is
expected that a portion of the increase provided for the
Infrastructure Analysis and Planning PPA shall be used to
ensure NPPD has readily accessible data available for rapid
analysis in the areas of highest risk. NPPD shall brief the
Committees not later than 60 days after the date of enactment
of this Act on planned expenditures within the PPA.
The Office of Bombing Prevention (OBP) shall be funded at
not less than $10,504,000 to sustain activities. In lieu of
the House report requirement for an expenditure plan from
OBP, NPPD is directed to analyze the efficiencies gained
through coordination with the National Guard, work with DoD
on capabilities related to counter explosives, and continue
to explore applicable capabilities from defense programs that
comply with domestic policies and address domestic
protections.
The National Infrastructure Simulation and Analysis Center
shall be funded at not less than $15,650,000, as requested.
Of the total amount provided for Infrastructure Protection,
$10,450,000 is provided for sector specific management. On
August 1, 2013, the President issued Executive Order 13650 to
improve chemical facility safety and security. NPPD is
directed to continue implementing the requirements designated
in Executive Order 13650 in lieu of the requirement in the
Senate report for the Chemical Sector Coordination Council to
develop recommendations to improve coordination on chemical
security and safety. NPPD is expected to provide regular
updates on the progress of implementing improvements, the
status of corrective measures being taken to ensure awareness
of facilities that fall under the purview of the Chemical
Facilities Anti-Terrorism Standards (CFATS) program, and the
need for any additional funding requirements that emerge to
address coordination needs.
A total of $81,000,000 is provided for Infrastructure
Security Compliance to implement the CFATS program. As
detailed in the House report, NPPD is directed to provide a
report to the Committees and the relevant authorizing
committees, including the House Committee on Homeland
Security, the House Energy and Commerce Committee, and the
Senate Committee on Homeland Security and Governmental
Affairs, not later than 90 days after the date of enactment
of this Act, explaining how the NPPD Infrastructure Security
Compliance Division (ISCD), will further improve the review
process for facilities within the CFATS program. In lieu of
language in the House report directing NPPD to provide a
detailed expenditure plan, the Under Secretary of NPPD is
directed to provide a report on the implementation of the
CFATS program to the Committees on a semiannual basis, as
detailed in the Senate report. The first report shall be
submitted not later than 90 days after the date of enactment
of this Act.
In lieu of language in the House report, NPPD is directed
to report to the Committees semiannually on the status of its
progress in complying with all the recommendations made in an
OIG report on ISCD's management practices related to CFATS
(OIG-13-55). As detailed in the House report, NPPD is
directed to provide a report to the Committees and the
relevant authorizing committees, including the House
Committee on Homeland Security, the House Energy and Commerce
Committee, and the Senate Committee on Homeland Security and
Governmental Affairs, not later than April 15, 2014, on the
steps NPPD is taking to avoid costly duplication of programs.
In addition, the report shall describe how NPPD is helping to
ensure the safety of facilities and whether DHS intends to
mandate how a covered chemical facility meets the personnel
surety standard, particularly in cases where the facility has
already adopted strong and identifiable personnel measures
designed to verify identity, check criminal history, validate
legal authorization to work, and identify individuals with
terrorist ties.
As detailed in the House report, NPPD is directed to
undertake a critical review of the Department's
implementation of the Ammonium Nitrate Security Program and
to report to the Committees and the relevant authorizing
committees, including the House Committee on Homeland
Security, the House Energy and Commerce Committee, and the
Senate Committee on Homeland Security and Governmental
Affairs, not later than 90 days after the date of enactment
of this Act.
In lieu of language in the House report, ISCD is directed
to improve the compliance of current Top Screen registrants,
such as through ongoing, proactive risk monitoring, data
management, and the verification of business information.
Within the amount provided, $199,725,000 is for Federal
Network Security to deploy technology to improve the
information security of Federal computer systems, sustain the
new continuous monitoring and diagnostic system, and continue
the procurement and operations of the system. A general
provision is included in Title V of this Act requiring
quarterly reports on the monitoring and diagnostic program.
Within the total amount provided, $382,252,000 is for
Network Security Deployment for the Einstein program and
related activities. Pursuant to the Senate report, GAO shall
complete an in-depth review of the National Cybersecurity
Protection System.
Outreach to Veterans
Recruiting an able workforce is critical in the face of a
growing cyber threat. Of the Department's new hires in fiscal
year 2012, 24.9 percent were veterans and 8.2 percent were
disabled veterans, respectively exceeding and meeting the
goals set by the President's Council on Veterans Employment.
In lieu of the requirement in the House report, NPPD is
directed to provide a briefing not later than 60 days after
the date of enactment of this Act on actual hiring for fiscal
year 2013 and hiring goals for fiscal years 2014 and 2015,
specifically in the cybersecurity field.
Cybersecurity Partnerships
NPPD is directed to review the possible advantages of
establishing cooperative cybersecurity partnerships with
DoD's National Cyber Range and software engineering centers
to enhance the development of innovative software that
improves the Nation's ability to counter threats to our
cybersecurity. NPPD shall provide a report to the Committees
not later than 180 days after the date of enactment of this
Act on its efforts in this area.
Federal Protective Service
A total of $1,301,824,000 is provided for the Federal
Protective Service (FPS), as requested. The amount provided
is fully offset by collections of security fees. A provision
is included requiring the Secretary and the Director of OMB
to certify, not later than February 14, 2014, that FPS will
collect sufficient revenue and fees to fully fund operations,
including 1,371 FTE, of which 1,007 are law enforcement, as
requested in the budget.
Should sufficient revenues not be collected to fully fund
operations, a provision has been included to ensure revenue
for not less than 1,300 FTE, if the Secretary determines
vacancies should not be filled in lieu of more effective
security measures. In the event the Secretary determines
vacancies should not be filled, an expenditure plan is
required describing how security risks to federal employees
are adequately addressed.
A provision is included requiring FPS to include with the
submission of the fiscal year 2015 budget request, a
strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment.
GAO is directed to review the size of the FPS workforce in
conjunction with its law enforcement responsibilities and
provide a report to the Committees on areas of risk FPS
should consider addressing, pursuant to the Senate report.
Office of Biometric Identity Management
A total of $227,108,000 is provided for OBIM. This amount
reflects the transfer of ADIS to CBP. Within the funds
provided, not less than $4,000,000 shall be dedicated to
IDENT system improvements that ensure continued operation of
the legacy system and support future capability development.
In particular, OBIM is facing significant challenges with
IDENT database management, including storage, image
separation, and transaction volume. OBIM shall keep the
Committees informed on how it is continuing to address such
challenges.
Office of Health Affairs
A total of $126,763,000 is provided for the Office of
Health Affairs (OHA). Of the total amount, $85,277,000 is for
BioWatch; $824,000 is for the Chemical Defense Program;
$10,000,000 is for the National Biosurveillance Integration
Center, including $2,000,000 above the request to sustain
existing activities and support new pilots; $4,995,000 is for
Planning and Coordination; and $25,667,000 is for Salaries
and Expenses. Of the total amount provided, $15,819,000 is
available until September 30, 2015. Not to exceed $2,250 of
the funds provided under this heading shall be for official
reception and representation expenses.
BioWatch Generation 3
OHA is directed to brief the Committees not later than
January 31, 2014, on the results of the Analysis of
Alternatives. The briefing shall provide an explanation of
the reevaluation of the program's mission and a clear path
forward for developing the next generation of technology,
including improvements, after consultation with other Federal
agencies that have technical or program expertise. The
briefing is in lieu of a report required by the Senate on the
cost-benefit of the current BioWatch capability or
alternative options.
Federal Emergency Management Agency
salaries and expenses
A total of $946,982,000 is provided for Salaries and
Expenses. Not to exceed $2,250 of the funds provided under
this heading shall be for official reception and
representation expenses. Within the total, not less than:
$2,000,000 is for the Emergency Management Assistance
Compact; $2,200,000 is for the National Hurricane Program;
$8,500,000 is for the National Earthquake Hazards Reduction
[[Page H936]]
Program; $9,100,000 is for the National Dam Safety Program;
$4,000,000 is for automation modernization; and $4,000,000 is
for national training center infrastructure improvements. Of
the total, $29,000,000 is for capital improvements to the
Mount Weather Emergency Operations Center. A provision is
included requiring an expenditure plan related to
modernization of automated systems.
The amount provided for this appropriation by PPA is as
follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ( $
000 ) Final Bill ( $ 000 )
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices........................... $240,736 $249,855
Office of National Capital Region Coordination.............. (2,602) (3,400)
Preparedness and Protection................................... 293,684 173,406
Response...................................................... 171,665 178,692
Urban Search and Rescue Response System..................... (27,513) (35,180)
Recovery...................................................... 55,530 55,121
Mitigation.................................................... 25,882 27,858
Mission Support............................................... 144,580 151,744
Centrally Managed Accounts.................................... 110,306 110,306
-------------------------------------------------
Total, Salaries and Expenses.............................. $1,042,383 $946,982
----------------------------------------------------------------------------------------------------------------
FEMA must acquire additional economic expertise, for fiscal
year 2014 and into the future, to more effectively assess the
costs and benefits of policies and to better align disaster
planning and resources. Within 60 days after the date of
enactment of this Act, FEMA is directed to update the
Committees on a plan for acquiring such expertise.
Office of National Capital Region Coordination
Of the amount provided for Administrative and Regional
Offices, $3,400,000 is included to sustain the current
activity level of the Office of National Capital Region
Coordination (ONCRC). FEMA is directed to submit a plan,
including associated costs, for ensuring that the ONCRC
mission is clearly defined and meets its unique statutory
responsibilities, not later than 120 days after the date of
enactment of this Act. Pursuant to the Senate report, FEMA
shall not proceed with any realignment or reorganization of
the ONCRC until it has appropriate approval from Congress.
Stakeholder input and concurrence with any proposed changes
will be critical for Congress to seriously consider any such
approval.
Office of External Affairs
Not to exceed $14,542,000 of the funds provided for
Administrative and Regional Offices shall be for the Office
of External Affairs. The Office of External Affairs shall
continue to improve the accuracy and timeliness of FEMA's
communications with Congress and the public. In addition, in
lieu of the requirement in the Senate report, the Office of
the Administrator is directed to provide a briefing not later
than May 1, 2014, on the implementation of FEMA's proposed
plans to improve these efforts.
Preparedness
The work of the Local, State, Tribal, and Federal
Preparedness Task Force and resulting recommendations have
charted a valuable course for FEMA. FEMA shall continue to
engage stakeholders and consult with members of the Task
Force on matters of national preparedness. However, FEMA is
not directed to reconvene the Task Force per the Senate
report. While the majority of the recommendations have been
completed, additional time is needed to resolve remaining
issues so that the Task Force can be used most productively
if needed in the future.
FEMA Audits
FEMA and the OIG have embarked on a process to identify
preventative measures to eliminate waste, fraud, and abuse
instead of the current disruptive nature of identifying both
project-specific and systemic problems well after the fact.
This is essential for protection of taxpayer dollars and
effective disaster preparedness and recovery. In lieu of the
requirement in the Senate report for the FEMA Administrator
and the OIG to provide a joint report, FEMA and the OIG are
directed to jointly brief the Committees on a quarterly basis
on improvements to better guard against waste, fraud, and
abuse in all FEMA programs. The briefings shall include a
framework to make the audit process preventative; changes to
audit procedures to ensure cost effective findings and to
address root causes found in after-the-fact reports; specific
steps needed to implement systemic improvements by all
recommendation categories, beginning with business
transformation, unsupported cost, and ineligible work or
costs; and timeframes to complete specific goals.
state and local programs
A total of $1,500,000,000 is provided for State and Local
Programs. The amount provided for this appropriation by PPA
is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate ($
000) Final Bill ($ 000)
----------------------------------------------------------------------------------------------------------------
State Homeland Security Grant Program......................... ....................... $466,346
Operation Stonegarden..................................... ....................... (55,000)
Urban Area Security Initiative................................ ....................... 600,000
Nonprofit Security Grants................................. ....................... (13,000)
Public Transportation Security Assistance and Railroad ....................... 100,000
Security Assistance..........................................
Amtrak Security........................................... ....................... (10,000)
Port Security Grants.......................................... ....................... 100,000
-------------------------------------------------
Subtotal, Discretionary Grants........................ ....................... 1,266,346
Education, Training, and Exercises
Emergency Management Institute \1\........................ ....................... 20,569
Center for Domestic Preparedness \1\...................... ....................... 64,991
National Domestic Preparedness Consortium................. ....................... 98,000
National Exercise Program \1\............................. ....................... 21,094
Continuing Training....................................... ....................... 29,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises.......... ....................... 233,654
National Preparedness Grant Program........................... $1,043,200 .......................
First Responder Assistance Program............................ ....................... .......................
Emergency Management Performance Grants \2\............... 350,000 .......................
Fire Grants \2\........................................... 335,000 .......................
Staffing for Adequate Fire and Emergency Response (SAFER) 335,000 .......................
Act Grants \2\...........................................
Training Partnership Grants............................... 60,000 .......................
-------------------------------------------------
Subtotal, First Responder Assistance Program.......... 1,080,000 .......................
-------------------------------------------------
Total, State and Local Programs................... $2,123,200 $1,500,000
----------------------------------------------------------------------------------------------------------------
\1\ Funds requested under FEMA Salaries and Expenses
\2\ Funds appropriated in separate accounts
Provisions are included specifying timeframes for grant
awards, limiting grantee administrative costs to five
percent, permitting the construction of communication towers
under certain conditions, requiring reports from grantees as
necessary, and permitting the use of certain funds for
security buffer zones at FEMA facilities.
Education, Training, and Exercises
A total of $233,654,000 is provided for Education,
Training, and Exercises. Within the total, $29,000,000 is for
Continuing Training. As directed in the House and Senate
reports, FEMA shall prioritize funding to be awarded
competitively for FEMA-certified rural training in crisis
management and hazardous materials training for first
responders.
Urban Area Security Initiative
In accordance with section 2003 of the Homeland Security
Act, the Department shall provide metropolitan statistical
areas an opportunity to submit information regarding the
threats, vulnerabilities, and consequences they face from
acts of terrorism.It is expected that the Urban Area Security
Initiative (UASI) program will continue to be explicitly
focused on urban areas that are
[[Page H937]]
subject to the greatest terrorism risk, and that resources
will continue to be allocated in proportion to risk. If the
Secretary determines that risk can be more effectively
addressed through a change in the number of urban areas
receiving UASI funding when compared to the number funded in
fiscal year 2013, the specific factors that led to the
determination shall be briefed to the Committees five days
prior to the announcement of funding. Any such change should
be consistent with more efficiently and effectively targeting
resources to address risk.
FIREFIGHTER ASSISTANCE GRANTS
A total of $680,000,000 is provided for Firefighter
Assistance Grants, including $340,000,000 for firefighter
assistance grants and $340,000,000 for firefighter staffing
grants.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
A total of $350,000,000 is provided for Emergency
Management Performance Grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Statutory language is included providing for the receipt
and expenditure of fees collected, as authorized by Public
Law 105-276.
UNITED STATES FIRE ADMINISTRATION
A total of $44,000,000 is provided for the United States
Fire Administration. The budget proposal to transfer the
State Fire Training Grant Program to the Assistance to
Firefighters Grant program is denied.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
A total of $6,220,908,000 is provided for the Disaster
Relief Fund (DRF), of which $5,626,386,000 is designated as
being for disaster relief for major disasters pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985. A provision is included
transferring $24,000,000 to the OIG for audits and
investigations related to all disasters. Provisions are also
included requiring reports on disaster related expenditures.
A general provision is included in Title V of this Act that
rescinds $300,522,000 from amounts provided for non-major
disaster programs in prior years due to the significant
balances carried over from fiscal year 2013 and amounts
recovered from previous disasters during project
closeouts.The remaining balances, combined with the amount
appropriated in this bill, fully fund all known requirements,
to include recovery from Hurricane Sandy, the Colorado
wildfires, the Oklahoma tornadoes, and other previous
disasters, as well as relief efforts for future disasters.
As directed in the House report, FEMA shall submit a report
to the Committees, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Homeland Security
and Governmental Affairs, describing options for making
housing cooperative and condominium associations eligible for
Federal disaster assistance.
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM
A total of $95,202,000 is provided for Flood Hazard Mapping
and Risk Analysis. Pursuant to the Senate report, FEMA shall
continue efforts to best reflect varying levels of flood
mitigation from infrastructure on flood maps; provide a
timeline and potential cost of acquiring modern flood risk
analysis tools; and ensure that levee accreditation
provisions use plain language.
NATIONAL FLOOD INSURANCE FUND
A total of $176,300,000 is provided for the National Flood
Insurance Fund, for which administrative costs shall not
exceed 4 percent. In lieu of the report required in the House
report, FEMA is directed to brief the Committees not later
than 60 days after the date of enactment of this Act on the
steps being taken to address the drastic increases in flood
insurance rates that numerous National Flood Insurance
Program policyholders are experiencing.
NATIONAL PREDISASTER MITIGATION FUND
A total of $25,000,000 is provided for the National
Predisaster Mitigation Fund, to remain available until
expended.
EMERGENCY FOOD AND SHELTER
A total of $120,000,000 is provided for the Emergency Food
and Shelter program, of which administrative costs shall not
exceed 3.5 percent.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
E-Verify
A total of $113,889,000 is provided in discretionary
appropriations for USCIS for E-Verify.
As directed in the Senate report, USCIS shall create a
mobile application and other smart phone technologies for
employers using E-Verify and consult with the Small Business
Administration about improving marketing to small businesses
to encourage the use of E-Verify.
As described in the House report, USCIS is directed to
brief the Committees semiannually on the following: a review
process for E-Verify final non-confirmations; fee revenues
and obligations; and USCIS transformation.
Immigrant Integration Grants
A general provision is included in Title V of this Act
providing $2,500,000 in appropriated funds and $7,500,000
from fee revenue for immigrant integration grants. None of
the appropriated funds may be used to administer the program.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
A total of $227,845,000 is provided for Salaries and
Expenses, which is sufficient to cover the training
requirements of the additional CBPOs being funded within the
CBP section of this bill. Not to exceed $9,180 of the funds
provided under this heading shall be for official reception
and representation expenses.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $30,885,000 is provided for Acquisition,
Construction, Improvements, and Related Expenses.
Science and Technology
MANAGEMENT AND ADMINISTRATION
A total of $129,000,000 is provided for Management and
Administration. Not to exceed $7,650 of the funds provided
under this heading shall be for official reception and
representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
A total of $1,091,212,000 is provided for Research,
Development, Acquisition, and Operations.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget estimate ( Final bill ( $
$ 000 ) 000 )
------------------------------------------------------------------------
Research, Development, and $467,000 $462,000
Innovation.......................
Laboratory Facilities............. 857,785 547,785
Acquisition and Operations Support 41,703 41,703
University Programs............... 31,000 39,724
Total, Research, Development, $1,397,488 $1,091,212
Acquisition, and Operations..
------------------------------------------------------------------------
Research, Development, and Innovation
A total of $462,000,000 is provided for Research,
Development, and Innovation (RDI). S&T is directed, as has
been done in previous years, to submit to the Committees not
later than 30 days after the date of enactment of this Act a
detailed breakout of funding levels proposed for each of its
research thrust areas within the RDI PPA. These allocations
by thrust area shall subsequently serve as PPAs and control
levels for fiscal year 2014. This funding plan shall also
include project-level detail on how S&T intends to fund
individual research initiatives within each thrust area PPA.
Budget Justification
The Department is directed to include in the budget
justification for fiscal year 2015 and thereafter, the
following information for each project: project description;
justification and scope; prior year key events, current year
planned key events, and budget year key events; and funding
history. Furthermore, S&T is directed to brief the Committees
on: project schedule, to include milestones; explanation for
delayed milestones; type of research (basic, applied,
advanced technology development, advanced component
development and prototypes, or system development and
demonstration); technical readiness level; and transition
plans.
Apex Projects
S&T and its partner components are to brief the Committees
not later than 60 days after the date of enactment of this
Act, and periodically thereafter, on funding, schedule, and
progress of Apex projects. S&T is to notify the Committees at
least 14 days before initiating a new Apex project and
include information on the goals and full cost of the
proposed effort.
National Bio- and Agro-defense Facility
The bill provides $547,785,000 for Laboratory Facilities of
which $404,000,000 is to begin construction on the National
Bio- and Agro-defense Facility (NBAF).
Cybersecurity Research
The bill provides increased funding for cybersecurity
research. As specified in the Senate report, S&T and NPPD are
encouraged to establish operational cybersecurity research
initiatives, to include the involvement of academic
institutions, existing Federal research and development
organizations, and the private sector. In addition, S&T is
encouraged to continue a simulation-based cybersecurity
exercise tool for the financial services sector and extend
the tool to other critical infrastructure sectors, as
discussed in the Senate report. While S&T is not directed to
commit a specific level of funding, as proposed in the House
report, S&T is expected to leverage the expertise of existing
governmental organizations to improve DHS cybersecurity
capabilities, to include the use of competitively awarded
research and development projects.
Canine Standards
As described in the House and Senate reports, S&T shall
work with the National Institute of Standards and Technology,
and with other subject matter experts, to develop consistent
breeding, training, conditioning, and deployment standards
for detection canine teams.
Industry Outreach
As required in the Senate report, S&T, in consultation with
the DHS Private Sector Office, is to submit a report not
later than 60 days after the date of enactment of this Act,
detailing efforts the agency is making to identify innovative
technologies developed by industry, other Federal agencies,
and universities that could improve the effectiveness,
efficiency, and safety of DHS missions.
[[Page H938]]
Disaster Resilience
S&T is encouraged to enhance Natural Disaster Resiliency
projects that focus on dam or levee flood simulation and
mapping that can be utilized as a tool for FEMA, as discussed
in the Senate report.
University Programs
A total of $39,724,000 is provided for University Programs.
This level will allow S&T to fund all existing centers at an
appropriate level and establish a new center of excellence.
S&T shall brief the Committees not later than 45 days after
the date of enactment of this Act on its initial plans for
the establishment of a new center.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
A total of $37,353,000 is provided for Management and
Administration. Not to exceed $2,250 of the funds provided
under this heading shall be for official reception and
representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
A total of $205,302,000 is provided for Research,
Development, and Operations.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget
estimate ( Final bill
$ 000 ) ( $ 000 )
------------------------------------------------------------------------
Systems Engineering and Architecture.......... $21,222 $21,000
Systems Development........................... 21,243 21,000
Transformational Research and Development..... 75,291 71,102
Assessments................................... 39,918 39,300
Operations Support............................ 30,835 30,200
National Technical Nuclear Forensics Center... 22,701 22,700
-------------------------
Total, Research, Development, and $211,210 $205,302
Operations...............................
------------------------------------------------------------------------
Systems Acquisition
The bill provides a total of $42,600,000 for Systems
Acquisition.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
Budget
estimate ( Final bill
$ 000 ) ( $ 000 )
------------------------------------------------------------------------
Radiation Portal Monitor Program.............. $7,000 $7,000
Securing the Cities........................... 22,000 22,000
Human Portable Radiation Detection Systems.... 13,600 13,600
-------------------------
Total, Systems Acquisition................ $42,600 $42,600
------------------------------------------------------------------------
TITLE V--GENERAL PROVISIONS
(including rescissions of funds)
Section 501. A provision proposed by the House and Senate
is continued that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. A provision proposed by the House and Senate
is continued that unexpended balances of prior appropriations
may be merged with new appropriation accounts and used for
the same purpose, subject to reprogramming guidelines.
Section 503. A provision proposed by the House and Senate
is continued and modified that provides authority to
reprogram appropriations within an account and to transfer up
to 5 percent between appropriations accounts with 15-day
advance notification to the Committees. A detailed funding
table identifying programs, projects, and activities is
included at the end of this statement. This table along with
funding levels specified in the report shall serve as the
control level for all reprogrammings. These reprogramming
guidelines shall be complied with by all agencies funded by
this Act.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the
proposed changes will have on the budget request for the
following fiscal year and future-year appropriations
requirements. Each request submitted to the Committees should
include a detailed table showing the proposed revisions at
the account, program, project, and activity level to the
funding and staffing (full-time equivalent position) levels
for the current fiscal year and to the levels requested in
the President's budget for the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests in the case of an
unforeseeable emergency or situation that could not have been
predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation
is not possible, to consider the reprogramming or transfer
request not approved.
Unless an initial notification has been provided, the
Department is not to submit a reprogramming or transfer of
funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the submittal should contain sufficient
documentation as to why it meets this statutory exception.
Subsection (e) is included to ensure that funds that are
deobligated by the Department are also subject to the
reprogramming and transfer guidelines and requirements set
forth in this section.
Section 504. A provision proposed by the House and Senate
is continued and modified that prohibits funds appropriated
or otherwise made available to the Department to make payment
to the Working Capital Fund (WCF), except for activities and
amounts allowed in the President's fiscal year 2014 request.
Funds provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The Department shall submit a notification for the
addition or removal of any activity to the fund and shall
submit quarterly execution reports with activity level
detail.
Section 505. A provision proposed by the House and Senate
is continued and modified that not to exceed 50 percent of
unobligated balances remaining at the end of fiscal year 2014
from appropriations made for salaries and expenses shall
remain available through fiscal year 2015 subject to section
503 reprogramming guidelines.
Section 506. A provision proposed by the House and Senate
is continued that funds for intelligence activities are
deemed to be specifically authorized during fiscal year 2014
until the enactment of an Act authorizing intelligence
activities for fiscal year 2014.
Section 507. A provision proposed by the House and Senate
is continued requiring notification of the Committees three
days before grant allocations, grant awards, contract awards,
other transactional agreements, letters of intent, a task or
delivery order on a multiple contract award totaling
$1,000,000 or more, a task or delivery order greater than
$10,000,000 from multi-year funds, or sole-source grant
awards, are announced by the Department, including contracts
covered by the Federal Acquisition Regulation. The Department
is required to brief the Committees 5 full business days
prior to announcing the intention to make a grant under State
and Local Programs. Notification shall include a description
of the project or projects to be funded, including city,
county, and State.
Section 508. A provision proposed by the House and Senate
is continued that no agency shall purchase, construct, or
lease additional facilities for Federal law enforcement
training without advance approval of the Committees.
Section 509. A provision proposed by the House and Senate
is continued that none of the funds may be used for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved.
Section 510. A provision proposed by the House and Senate
is continued that consolidates by reference prior year
statutory bill language into one provision. These provisions
relate to contracting officer's technical representative
training; sensitive security information; and the use of
funds in conformance with section 303 of the Energy Policy
Act of 1992.
Section 511. A provision proposed by the House and Senate
is continued that none of the funds may be used in
contravention of the Buy American Act.
Section 512. A provision proposed by the House and Senate
is continued on reporting requirements of the privacy
officer.
Section 513. A provision proposed by the House and Senate
is continued regarding the oath of allegiance required by
section 337 of the Immigration and Nationality Act.
Section 514. A provision proposed by the House and Senate
is continued and modified requiring the Chief Financial
Officer to submit monthly budget execution and staffing
reports within 30 days after the close of each month.
Section 515. A provision proposed by the House and Senate
is continued directing that any funds appropriated or
transferred to TSA's Aviation Security, Administration, and
Transportation Security Support appropriations in fiscal
years 2004 and 2005 that are recovered or deobligated shall
be available only for procurement and installation of
explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification.
Quarterly reports must be submitted identifying any funds
that are recovered or deobligated.
Section 516. A provision proposed by the Senate is
continued regarding the competitive sourcing for USCIS. The
House proposed no similar provision.
Section 517. A provision proposed by the House and Senate
is continued for fiscal year 2014 requiring that any funds
appropriated to the Coast Guard's 110-123 foot patrol boat
conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or
litigation, shall be available until expended for the Fast
Response Cutter program.
Section 518. A provision proposed by the House and Senate
is continued and modified for fiscal year 2014 and thereafter
relating to undercover investigative operations authority of
the U.S. Secret Service.
Section 519. A provision proposed by the House and Senate
is continued classifying the functions of the instructor
staff at the Federal Law Enforcement Training Center as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Section 520. A provision proposed by the House and Senate
is continued and modified regarding grants or contracts
awarded by any means other than full and open competition.
The Inspector General is required to review Departmental
contracts awarded noncompetitively and report on the results
to Committees.
[[Page H939]]
Section 521. A provision proposed by the House is continued
that prohibits funding pertaining to the Principal Federal
Official during a Stafford Act declared disaster or
emergency, with certain exceptions. The Senate proposed no
similar provision.
Section 522. A provision proposed by the House and Senate
is continued that precludes DHS from using funds in this Act
to carry out reorganization authority. This prohibition is
not intended to prevent the Department from carrying out
routine or small reallocations of personnel or functions
within components, subject to section 503 of this Act. This
language prevents large scale reorganization of the
Department, which the Committees believe should be acted on
legislatively by the relevant Congressional committees of
jurisdiction.
Section 523. A provision proposed by the Senate is
continued prohibiting the Secretary from reducing operations
within the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date
of enactment of this Act. The House proposed no similar
provision.
Section 524. A provision proposed by the House and Senate
is continued that prohibits funding to grant an immigration
benefit to any individual unless the results of the
background checks required in statute, to be completed prior
to the grant of the benefit, have been received by DHS.
Section 525. A provision proposed by the House and Senate
is continued extending other transactional authority for DHS
through fiscal year 2014.
Section 526. A provision proposed by the House and Senate
is continued requiring the Secretary to link all contracts
that provide award fees to successful acquisition outcomes.
Section 527. A provision proposed by the Senate is
continued regarding waivers of the Jones Act. The House
proposed no similar provision.
Section 528. A provision proposed by the House and Senate
is continued related to prescription drugs.
Section 529. A provision proposed by the Senate is
continued prohibiting funds from being used to reduce the
Coast Guard's Operations Systems Center mission or its
government-employed or contract staff. The House proposed no
similar provision.
Section 530. A provision proposed by the House and Senate
is continued requiring the Secretary, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of Treasury Forfeiture
Fund to any agency within DHS. No funds may be obligated
until the Committees approve the proposed transfers.
Section 531. A provision proposed by the House and Senate
is continued prohibiting funds for planning, testing,
piloting, or developing a national identification card.
Section 532. A provision proposed by the Senate is
continued prohibiting funds to be used to conduct or
implement the results of a competition under Office of
Management and Budget Circular A-76 with respect to the Coast
Guard National Vessel Documentation Center. The House
proposed no similar provision.
Section 533. A provision proposed by the House and Senate
is continued requiring the TSA Administrator to certify that
no security risks will result if an airport does not
participate in the E-Verify program.
Section 534. A provision proposed by the House and Senate
is continued that requires a report, to be posted on the FEMA
Web site, summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 535. A provision proposed by the House and Senate
is continued directing that any official required by this Act
to report or to certify to the Committees on Appropriations
may not delegate any such authority unless expressly
authorized to do so in this Act.
Section 536. A provision proposed by the House and Senate
is continued and modified extending risk-based security
standards for chemical facilities cited in section 550 of
Public Law 109-295, as amended, for one year.
Section 537. A provision proposed by the House is continued
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba. The Senate included a similar
provision.
Section 538. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
first-class travel.
Section 539. A provision proposed by the House and Senate
is continued prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Section 540. A provision proposed by the House and Senate
is continued relating to the proper disposal of personal
information collected through the Registered Traveler
program.
Section 541. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act to pay for award or incentive fees for
contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 542. A provision proposed by the House and Senate
is continued that requires any new processes developed to
screen aviation passengers and crews for transportation or
national security to consider privacy and civil liberties,
consistent with applicable laws, regulations, and guidance.
Section 543. A provision proposed by the House and Senate
is continued and modified that allocates $7,500,000 of
deposits into the Immigration Examinations Fee Account of the
United States Citizenship and Immigration Services for the
purposes of providing immigrant integration grants and
provides an additional $2,500,000 in appropriated funds for
the same purpose in fiscal year 2014. The grants shall be
used to provide services to individuals who have been
lawfully admitted into the U.S. for permanent residence.
Section 544. A provision proposed by the Senate is modified
providing a total of $35,000,000 for consolidation of the new
DHS headquarters at St. Elizabeths and consolidation of
mission support activities. The House proposed no similar
provision.
Section 545. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act for DHS to enter into a Federal
contract unless the contract meets requirements of the
Federal Property and Administrative Services Act of 1949 or
Chapter 137 of title 10 U.S.C., and the Federal Acquisition
Regulation, unless the contract is otherwise authorized by
statute without regard to this section.
Section 546. A provision proposed by the House and Senate
is continued and modified providing $42,200,000 for data
center migration activities to be allocated by the Secretary
and allowing the Secretary to transfer data center migration
funds made available by this Act between appropriations after
notifying the Committees 15 days in advance.
Section 547. A new provision is included providing
$29,548,000 for financial systems modernization activities to
be allocated by the Secretary and allowing the Secretary to
transfer financial systems modernization funds made available
by this Act between appropriations after notifying the
Committees 15 days in advance.
Section 548. A provision proposed by the Senate is
continued providing some flexibility to the Department for
financing a response to an immigration emergency, subject to
notification. The House proposed no similar provision.
Section 549. A provision proposed by the House and Senate
is continued permitting the Department to sell ICE-owned
detention facilities and use the proceeds from any sale for
improvement to other facilities provided that any such sale
will not result in the maintenance of less than 34,000
detention beds.
Section 550. A provision proposed by the House and Senate
is continued prohibiting availability of funds in this Act
for the Association of Community Organizations for Reform Now
(ACORN) and its affiliated organizations.
Section 551. A provision proposed by the House and Senate
is continued and modified pertaining to multi-year investment
plans for certain activities within the Office of the Chief
Information Officer, CBP, ICE, the United States Secret
Service, and OBIM.
Section 552. A provision proposed by the House and Senate
is continued stating that the Secretary shall ensure
enforcement of immigration laws.
Section 553. A provision proposed by the House is continued
requiring the Secretary to submit a report detailing Coast
Guard budgetary policies, procedures, and technical direction
pertaining to acquisition. The Senate proposed no similar
provision.
Section 554. A provision proposed by the House and Senate
is included and modified regarding Federal Network Security.
Section 555. A provision proposed by the House and Senate
is continued regarding restrictions on electronic access to
pornography, except for law enforcement purposes.
Section 556. A provision proposed by the House and Senate
is continued regarding the transfer of firearms by Federal
law enforcement personnel.
Section 557. A provision proposed by the House and Senate
is continued prohibiting any funds from this or any other Act
to be used for creation of the National Preparedness Grant
Program or any successor grant programs unless explicitly
authorized by Congress.
Section 558. A provision proposed by the House is continued
prohibiting funds for the position of Public Advocate or a
successor position within ICE. The Senate proposed no similar
provision.
Section 559. A provision proposed by the Senate is included
and modified authorizing CBP to create a pilot program to
test the validity of partnering with private and public
entities to meet the growing demand for new facilities,
ongoing modernization needs at ports of entry, and certain
services. This authority enables CBP to enter into
reimbursable agreements for additional CBP services at ports
of entry, including agreements at no more than five airports,
and enables CBP to accept donations under certain
circumstances. The House proposed no similar provision.
Section 560. A provision proposed by the House and Senate
is continued and modified regarding funding restrictions and
reporting requirements related to conferences occurring
outside of the United States.
Section 561. A provision proposed by the House is included
that prohibits funds made available by this Act from being
used to enter into a contract, memorandum of understanding,
or cooperative agreement with,
[[Page H940]]
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 or state law within the preceding 24
months, unless the awarding agency has made a determination
that suspension or debarment is not necessary to protect the
interests of the United States. The Senate proposed no
similar provision.
Section 562. A provision proposed by the House is included
that prohibits funds made available by this Act from being
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, unless the
awarding agency has made a determination that suspension or
debarment is not necessary to protect the interests of the
United States. The Senate proposed no similar provision.
Section 563. A provision proposed by the Senate is
continued that prohibits funds made available by this Act to
reimburse any Federal department or agency for its
participation in a NSSE. The House proposed no similar
provision.
Section 564. A provision proposed by the House is included
and modified requiring certification to Congress in the event
of air preclearance operations. The Senate proposed no
similar provision.
Section 565. A provision proposed by the House and Senate
is continued providing the Secretary discretion to waive
certain provisions of law related to requirements for
Staffing for Adequate Fire and Emergency Response (SAFER)
grants.
Section 566. A provision proposed by the Senate is
continued that prohibits the collection of new land border
fees or the study of the imposition of such border fees. The
House proposed a similar provision.
Section 567. A provision proposed by the Senate is included
and modified pertaining to the temporary reemployment of
administrative law judges for arbitration dispute resolution.
The House proposed no similar provision.
Section 568. A provision proposed by the Senate is included
that clarifies that fees collected pursuant to the Colombia
Free Trade Agreement are available until expended. The House
proposed no similar provision.
Section 569. A provision proposed by the House is included
and modified which requires a comprehensive report on the
purchase and usage of ammunition by the Department annually.
The Senate proposed no similar provision.
Section 570. A provision proposed by the Senate is included
that allows the Commissioner of CBP to waive a reimbursement
claim from 2009 for the Office of the Federal Coordinator for
Gulf Coast Rebuilding. The House proposed no similar
provision.
Section 571. A provision is included requiring CBP to
evaluate the effectiveness of its existing passenger
processing methods.
Section 572. A provision proposed by the House and Senate
is included related to section 1308(h) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(h)).
Rescissions
Section 573. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances of
prior year appropriations in multiple appropriations across
the Department. CBP is directed to identify changes made
necessary as a result of the BSFIT rescission in the required
BSFIT expenditure plan.
Section 574. A provision proposed by the House and Senate
is included rescinding $100,000,000 from the unobligated
balances available in the Department of the Treasury Asset
Forfeiture Fund.
Section 575. A provision proposed by the Senate is included
and modified rescinding unobligated balances made available
to the Department when it was created in 2003.
Section 576. A new provision is included rescinding lapsed
balances made available pursuant to section 505 of this Act.
Section 577. A new provision is included rescinding
unobligated balances of prior year appropriations in the
Disaster Relief Fund for non-major disaster programs due to
the significant balances carried over from fiscal year 2013
and amounts recovered from previous disasters during project
closeouts.
[[Page H941]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.346
[[Page H942]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.347
[[Page H943]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.348
[[Page H944]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.349
[[Page H945]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.350
[[Page H946]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.351
[[Page H947]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.352
[[Page H948]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.353
[[Page H949]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.354
[[Page H950]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.355
[[Page H951]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.356
[[Page H952]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.357
[[Page H953]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.358
[[Page H954]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.359
[[Page H955]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.360
[[Page H956]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.361
[[Page H957]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.362
[[Page H958]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.363
[[Page H959]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.364
[[Page H960]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.365
[[Page H961]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.366
[[Page H962]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.367
[[Page H963]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.368
[[Page H964]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.369
[[Page H965]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.370
[[Page H966]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.371
[[Page H967]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.372
[[Page H968]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.373
[[Page H969]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.374
[[Page H970]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.375
[[Page H971]]
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
The following statement is an explanation of the effects of
Division G, which makes appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related
agencies for fiscal year 2014.
In cases where this explanatory statement directs the
submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations. Where
this explanatory statement refers to the Committees or the
Committees on Appropriations, unless otherwise noted, this
reference is to the House Subcommittee on Interior,
Environment and Related Agencies and the Senate Subcommittee
on Interior, Environment and Related Agencies.
The Committees direct each department and agency funded in
this Act to follow the directions set forth in this Act and
the accompanying statement, and not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the Committees through the reprogramming process
as described in this explanatory statement. This explanatory
statement addresses only those agencies and accounts for
which there is a need for greater explanation than provided
in the Act itself. Funding levels for appropriations by
account, program, and activity, with comparisons to the
fiscal year 2014 budget request, can be found in the table at
the end of this division.
National Ocean Policy.--The Committees direct the
Department of the Interior, EPA, and Council on Environmental
Quality to: (1) submit a report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act identifying all expenditures in fiscal years 2012
and 2013 for the development, administration and
implementation of the National Ocean Policy as defined by
Executive Order 13547; and (2) clearly identify funding
proposed for the implementation of the National Ocean Policy
in future budget submissions.
State Wildlife Data.--The Department of the Interior and
the Forest Service are expected to cooperatively engage State
fish and wildlife agencies to utilize State fish and wildlife
data and analyses as a significant source of information to
inform land use, planning, and related natural resource
decisions involving wildlife, since the States retain primary
jurisdiction over most wildlife on Federal, State, and
private lands. Federal agencies should not unnecessarily
duplicate raw data, but when appropriate, evaluate existing
analyses of data prepared by the States and reciprocally,
share data with State wildlife managers, to ensure that the
most complete data are available for decision support
systems.
Federal Lands Recreation Enhancement.--The agreement does
not address an extension of the current recreation fee
authority. A one-year extension of this authority was
contained in the Continuing Appropriations Act, 2014 (PL 113-
46).
Making Litigation Costs Transparent.--The Department of the
Interior, EPA, and the Forest Service are directed to provide
to the House and Senate Committees on Appropriations, and
make publicly available no later than 60 days after enactment
of this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in House Report 112-151.
Public Access.--The Committees believe that it is essential
for the Department of the Interior and the Forest Service to
provide opportunities on public lands for hunting, fishing,
recreational shooting, and other outdoor activities. Within
120 days of enactment of this Act, the Department and the
Forest Service are directed to report back to the House and
Senate Committees on Appropriations regarding actions to
preserve and improve access to public lands for hunting,
fishing, shooting and other recreational activities,
including proposed improvements for public involvement in
agency decision-making and coordination with State and local
governments.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment and Related Agencies
Appropriations Act. The Committees remind the agencies funded
in this Act that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item or program area, to another
within any appropriation funded in this Act.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs, with the following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs and Bureau of Indian Education,
there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, State and Tribal Assistance
Grants account, the Committees do not require reprogramming
requests associated with States and Tribes Partnership
Grants.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, sub-activity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) The Committees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item, sub-
activity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity, budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of Lands and Resources
The bill provides $956,875,000 for Management of Lands and
Resources. In addition to
[[Page H972]]
the funding allocation table at the end of this explanatory
statement, the agreement includes the following instructions:
Rangeland Management.--Within funding provided, the Bureau
is expected to improve its completion of grazing permit
renewals; conduct annual and trend monitoring of grazing
allotments; and improve the quality of Bureau work on
environmental and other documents related to livestock
grazing. The Committees direct the Bureau, to the greatest
extent practicable, to make vacant grazing allotments
available to a holder of a grazing permit or lease when lands
covered by the holder of the permit or lease are unusable
because of drought or wildfire.
The Committees support the Bureau moving expeditiously to
convene a meeting with the key stakeholders within the
California Desert Conservation Area, including the High
Desert Ranchers, to resolve outstanding issues required for
the implementation of the grazing mitigation program as
intended by Congress under section 122(b) of Division E of
Public Law 112-174, in order to bring this matter to a close
in a manner that benefits public lands and all interested
parties.
The Bureau is urged to collaborate with the Forest Service
and the Agricultural Research Service on research involving
the risk of disease transmission between domestic and bighorn
sheep.
Wild Horse and Burro Management.--The Committees are
concerned about rising costs without evidence of tangible
improvements in the program.
Wildlife Management.--The agreement includes $52,338,000
for wildlife management, including $15,000,000 as requested
for sage-grouse. The Committees support the implementation of
State sage-grouse conservation plans that prevent the need
for an Endangered Species Act listing designation. The Bureau
is urged to work in partnership with States to develop and
implement such plans, and to support advanced collaboration
efforts that could be models for conservation strategies in
other places.
The Committees are concerned about the rapid spread of
white-nose syndrome in bats. The Bureau is directed to
continue its research, inventory, and monitoring of bat
resources on Bureau-administered lands.
The Committees are concerned that current seed procurement
procedures and priorities are duplicative and add unnecessary
costs to Bureau programs. The Bureau is instructed to
establish a system to publicly communicate its yearly
estimated seed needs by variety.
Energy and Minerals Management.--The Committees have
provided $80,877,000 for oil and gas management including
amounts to correct inspection deficiencies in this program
identified by the Government Accountability Office and the
Inspector General.
Land Acquisition
The bill provides $19,463,000 for Land Acquisition. The
detailed allocation of funding by activity is included in the
table at the end of this statement. This amount will fully
fund the first five projects and partially fund the sixth
project as prioritized by the Bureau pursuant to the
Administration's consolidated request list for fiscal year
2014, as shown in the table below. In future budget
submissions, the Bureau should prioritize and rank projects
in different management units separately, even if they are
part of a landscape collaborative planning process or other
multi-unit program. The Bureau can utilize funds within
``Inholdings, Emergencies, and Hardships'' for hunter and
angler access projects.
------------------------------------------------------------------------
Budget
State Bureau of Land Management Request This Bill
------------------------------------------------------------------------
MT................ Blackfoot River Watershed/ $2,600,000 $2,600,000
Douglas Creek.
CO................ Canyons of the Ancients NM 1,703,000 1,703,000
CA................ California Coastal 2,000,000 2,000,000
National Monument (Point
Arena).
ID................ Lower Salmon River ACEC/ 1,820,000 1,820,000
SRMA.
CA................ California Wilderness..... 6,702,000 6,702,000
CA................ Santa Rosa and San Jacinto 5,948,000 1,124,000
Mountains NM.
................ Additional project 8,331,000 0
requests.
................ Total, Acquisitions....... 29,104,000 15,949,000
------------------------------------------------------------------------
Oregon and California Grant Lands
The bill provides $114,467,000 for Oregon and California
Grant Lands. Within 180 days of enactment of this Act, the
Bureau shall provide a report to the Congress on its plan to
ensure funding and personnel needs to complete the Western
Oregon Resource Management Plans while sustaining the timber
sale program.
Range Improvements
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands
grazing receipts.
Service Charges, Deposits, and Forfeitures
The bill provides an indefinite appropriation estimated to
be $32,465,000 for Service Charges, Deposits, and
Forfeitures.
Miscellaneous Trust Funds
The bill provides an indefinite appropriation estimated to
be $24,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
Resource Management
The bill provides $1,188,339,000 for Resource Management.
In addition to the funding allocation table at the end of
this explanatory statement, the agreement includes the
following instructions:
Candidate Conservation.--The Committees support the
implementation of State sage-grouse conservation plans that
prevent the need for an Endangered Species Act listing
designation. The Service is urged to work in partnership with
States to develop and implement such plans, and to support
advanced collaboration efforts that could be models for
conservation strategies in other places.
Endangered Species.--The agreement includes bill language
capping funds for Endangered Species Act listings, critical
habitat designations, and petitions, as requested. The
Committees note that the Service's settlement agreements and
corresponding workplans are subject to the Federal budget
process. The Service is urged to file requisite workplan
amendments with the courts as necessary to extend deadlines
in order to ensure that the Service can continue to meet its
obligations for thorough biological and economic analysis;
fair public consultation; and transparent decision-making,
within the budget provided.
The agreement includes $1,000,000 to continue the livestock
loss demonstration program as authorized by Public Law 111-
11. States with de-listed wolf populations shall continue to
be eligible for funding, provided that those States continue
to meet the eligibility criteria contained in Public Law 111-
11.
The agreement includes not less than $2,000,000 for white-
nose syndrome activities in coordination with other Federal
partners.
The Service is urged to continue its efforts with non-
governmental partners to recover northern aplomado falcons,
California condors, and other listed species.
The Committees are concerned that the Service's 2011
revised survey protocol for the Northern Spotted Owl could
have adverse economic impacts on timber companies' ability to
harvest on private lands in California or respond to
fluctuating market conditions. The Committees appreciate the
Service's willingness to work with States and landowners to
consider options that provide greater flexibility and
streamline project review for timber harvesting plans, as
expressed in the Pacific Regional Office's February 21, 2012
letter to the California Department of Forestry and Fire
Protection (CAL FIRE). The Service is urged to: (1) develop
survey protocols in cooperation with industry that minimize
delays in processing timber harvesting plan permits; (2)
exercise its discretion to offer exemptions from the 2-year
survey protocol on a case-by-case basis where sufficient data
exists to determine potential risks to the species; and (3)
develop clear guidelines that explicitly define the
conditions, criteria, and procedures for applying for an
exemption from the 2-year survey protocol.
National Wildlife Refuge System.--The Committees direct the
Service to work collaboratively with interested parties,
including the Congress, States, local communities, Tribal
governments and others in making refuge designations and in
adjusting refuge boundaries.
The agreement includes $2,835,000 for the subsistence
management program.
The Service is encouraged to establish an invasive species
strike team to cover the Gulf Coast region as it has with
other regions of the United States.
Conservation, Enforcement, and Science.-- The Committees
are concerned about the surge in wildlife poaching and
illicit wildlife trafficking, particularly of elephant ivory
and rhino horn in sub-Saharan Africa, and understand that
these activities provide a significant source of financing
for armed insurgencies and groups with links to transnational
organized crime and terrorism. The agreement includes full
funding for international coordination, as requested.
The agreement accepts the proposed budget structure change
to move the Science line item. Within Science, $2,500,000 is
provided for white-nose syndrome activities.
Fisheries and Aquatic Resource Conservation.--The agreement
includes $135,319,000 for Fisheries and Aquatic Resource
Conservation, of which $46,528,000 is to continue operations
at every facility in the National Fish Hatchery System as
requested. None of the funds may be used to terminate
operations or to close any facility. The Committees recognize
the reimbursable agreements the Service has entered into with
the U.S. Army Corps of Engineers, the Tennessee Valley
Authority, the Department of the Interior's Central Utah
Project, and the Bonneville Power Administration in order to
continue to operate mitigation hatcheries, and have provided
the requested funding in the Energy and Water Development
division of this Act.
The agreement includes $1,000,000 for the Klamath Basin
Restoration Agreement; $711,000 for the sea lamprey program;
and $2,000,000 for prevention, containment, and enforcement
activities prescribed in the February 2010 Quagga-Zebra
Mussel Action Plan for Western U.S. Waters.
The agreement includes $9,554,000 for the subsistence
management program. The Service should continue high priority
work including improvement of stock assessments; estimates of
Chinook salmon escapement and run size; better understanding
of salmon stock dynamics; and the assessment of biological
and environmental factors influencing productivity of Chinook
salmon.
The Committees continue to support the National Fish
Passage Program and its flexibility to form unique
partnerships for both prevention and restoration activities.
The Committees are aware that during both House and Senate
consideration of H.R.
[[Page H973]]
3080, the Water Resources Development Act of 2013, language
was adopted to establish a multiagency effort to slow the
spread of Asian carp in the Upper Mississippi River and Ohio
River Basins and tributaries. The Committees urge the
agencies to move quickly to initiate this effort to help
control the spread of Asian carp. The agreement includes not
less than $3,500,000 to prevent the spread of Asian carp in
the Upper Mississippi River, Ohio River, and Great Lakes
Basins and tributaries.
Landscape Conservation Cooperatives (LCC).--The Committees
are concerned about a recent Inspector General report finding
``areas of concern that could potentially place millions of
dollars at risk and jeopardize future funding and support for
LCC activities overall.'' From within the funds provided for
LCC activities, the Service is directed to contract with the
National Academy of Sciences to evaluate: (1) the purpose,
goals, and scientific merits of the program within the
context of other similar programs; and (2) whether there have
been measurable improvements in the health of fish, wildlife,
and their habitats as a result of the program.
Construction
The bill provides $15,722,000 for Construction. The
detailed allocation of funding by activity is included in the
table at the end of this statement. The Service is expected
to follow the construction project priority list included in
the President's fiscal year 2014 budget request, and as shown
in the table below.
----------------------------------------------------------------------------------------------------------------
Refuge, Hatchery, or Other
State Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
-National Wildlife Refuge System
IL............................ Crab Orchard NWR.............. $525,000 $525,000
CA............................ Modoc NWR..................... 300,000 300,000
AR............................ White River NWR............... 600,000 600,000
MA............................ Great Meadows NWR............. 362,000 362,000
AR............................ White River NWR............... 550,000 550,000
PA............................ John Heinz NWR................ 527,000 527,000
GA............................ Okefenokee NWR................ 159,000 159,000
OK............................ Tishomingo NWR................ 139,000 139,000
NJ............................ Great Swamp NWR............... 330,000 330,000
WA............................ Turnbull NWR.................. 210,000 210,000
IL............................ Crab Orchard NWR.............. 409,000 409,000
National Fish Hatchery System
WA............................ Abernathy NFH................. 1,100,000 1,100,000
WA............................ Makah NFH..................... 970,000 970,000
ID............................ Kooskia NFH................... 25,000 25,000
WA............................ Little White Salmon NFH....... 50,000 50,000
Other
N/A........................... Service Wide Seismic Safety... 215,000 215,000
CO............................ National Black-footed Ferret 190,000 190,000
Conservation Center.
............................
Total, Line Item .............................. 6,661,000 6,661,000
Construction.
----------------------------------------------------------------------------------------------------------------
Land Acquisition
The bill provides $54,422,000 for Land Acquisition. The
detailed allocation of funding by activity is included in the
table at the end of this statement. This amount will fully
fund the first four projects as prioritized by the Service
pursuant to the Administration's consolidated request list
for fiscal year 2014, as shown in the table below. In future
budget submissions, the Service should prioritize and rank
projects in different management units separately, even if
they are part of a landscape collaborative planning process
or other multi-unit program.
----------------------------------------------------------------------------------------------------------------
State Refuge Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
MT............................ Crown of the Continent........ $11,940,000 $11,940,000
ND/SD......................... Dakota Grassland CA........... 8,650,000 8,650,000
FL............................ Everglades Headwaters......... 5,000,000 5,000,000
GA/FL/SC...................... Longleaf Pine: Okefenokee NWR/ 9,481,000 9,481,000
St. Mark's NWR/Cape Romain
NWR/Waccamaw NWR.
............................ Additional project requests... 13,000,000 0
.............................
Total, Acquisitions....... .............................. 48,071,000 35,071,000
----------------------------------------------------------------------------------------------------------------
=========================== NOTE ===========================
January 15, 2014 on H973 the following appeared: ..................
Additional project requests
................................................ 13,000,000 13,000,000
========================= END NOTE =========================
The online version should be corrected to read: ..................
Additional project requests
............................................... 13,000,000 0
Cooperative Endangered Species Conservation Fund
The bill provides $50,095,000 for the Cooperative
Endangered Species Conservation Fund, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund, and $27,400,000 is to be derived from the
Land and Water Conservation Fund. The detailed allocation of
funding by activity is included in the table at the end of
this statement.
National Wildlife Refuge Fund
The bill provides $13,228,000 for payments to counties
authorized by the National Wildlife Refuge Fund.
North American Wetlands Conservation Fund
The bill provides $34,145,000 for the North American
Wetlands Conservation Fund.
Neotropical Migratory Bird Conservation Fund
The bill provides $3,660,000 for the Neotropical Migratory
Bird Conservation Fund.
Multinational Species Conservation Fund
The bill provides $9,061,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
statement.
State and Tribal Wildlife Grants
The bill provides $58,695,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this statement.
National Park Service
Operation of the National Park System
The bill provides $2,236,753,000 for the Operation of the
National Park System. The detailed allocation of funding by
program area and activity is included in the table at the end
of the statement.
Operating Plan.--The Committees direct the Service to
submit to the House and Senate Committees on Appropriations,
within 60 days of enactment of this Act, an operating plan
for the Operation of the National Park System appropriations
account that includes any necessary adjustments to the
amounts provided to maintain park operations of all units
budgeted in the fiscal year 2014 request. Such plan shall be
subject to the reprogramming guidelines contained in this
explanatory statement.
Wild bison.--The Service is directed to continue to consult
with Native American Tribes to develop an updated
conservation and management plan for Yellowstone bison that
utilizes sound management practices.
Resource Stewardship.--The Committees direct the Service to
provide no less than $2,000,000 within available funds for
quagga and zebra mussel containment, prevention, and
enforcement as prescribed in the February 2010 Quagga-Zebra
Mussel Action Plan for Western U.S. Waters. The Committees
further urge the Service to provide no less than $3,000,000
within available funds for monitoring and surveillance
activities associated with white-nose syndrome in bats.
Park Partnerships.--The Committees encourage the use of
public-private partnerships as an important tool in the
successful operation of land management agencies. These
partnerships, which leverage Federal dollars with State,
local, nonprofit, and philanthropic entities, have proven
effective at achieving partner and Service goals and
objectives. The Committees urge the Department and Service to
reassess recent policy interpretations and review procedures
to facilitate partnerships that have historically proven
beneficial to national parks and partners. The Committees
support ongoing efforts by the Service to enter into
cooperative partnerships with Native American Tribes to
enhance the management and operation of its parks and
facilities.
Historic leases.--The Committees applaud the efforts of the
Service and private partners to successfully implement such
leases, and encourage the broader use of this important
authority to mitigate the maintenance backlog of historic
structures.
Flight 93 Memorial.--The Committees are committed to the
timely completion of the Flight 93 Memorial and urge the
Service to
[[Page H974]]
complete all phases of the Memorial in conjunction with
private fundraising efforts.
National Capital Area Performing Arts Program.--Within the
amounts provided, the Committees direct the Service to
maintain funding for the National Capital Area Performing
Arts Program, including the summer concert series staged on
the U.S. Capitol grounds, at the fiscal year 2012 enacted
level.
Enhanced Security for National Icons.--The Committees
support funding at the budget request level for enhanced
security at national icons including the Statue of Liberty
and the Martin Luther King, Jr. Memorial.
Historic Properties.--The Committees are concerned that a
proposal to remove the Fresnel lens currently installed at
the Block Island Southeast Lighthouse in Rhode Island will
have an adverse impact on this historic property. The Service
is directed to report to and consult with the House and
Senate Committees on Appropriations prior to facilitating the
transfer of the lens or accepting the lens for display at any
unit within the System.
Abandoned Mines.--The Service is encouraged to prioritize
the closure of abandoned mines which present the greatest
threat to public safety, in particular those mines with
dangerous vertical shafts that pose risks to unsuspecting
visitors.
Park Police Firearms Investigations.--The Inspector General
of the Department of the Interior recently reported that the
United States Park Police (USPP) could not account for its
inventory of firearms, indicating that USPP leadership has a
lackadaisical attitude toward firearms management that
created conditions that would allow for theft and misuse of
firearms. The Service is directed to develop a plan to be
submitted to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act that
comprehensively addresses the internal management weaknesses
that have led to each of the Inspector General's findings,
including organizational changes, actions, and a timeline
required to correct them.
Water Quality.--The Committees urge the Service to work
with the Miccosukee Tribe of Indians of Florida to examine
the water quality of the L-28 canal system.
National Recreation and Preservation
The bill provides $60,795,000 for National Recreation and
Preservation with the following specific directives:
Chesapeake Gateways and Trails Program.--As requested, the
bill includes $1,997,000 for the Chesapeake Gateways and
Trails Program. The Committees have included language within
Title IV General Provisions to extend the authorization of
this program through fiscal year 2015.
Heritage Partnership Program.--The bill provides
$18,289,000 for the Heritage Partnership Program. The bill
restores funding for longstanding, tier 3 areas to each
area's fiscal year 2012 level; provides a total of $300,000
to each of the tier 2 areas including those with recently
approved management plans; and provides $150,000 to each tier
1 area that has been authorized and is still in the process
of having a management plan approved. No additional
reallocation of funds from longstanding areas shall be
implemented by the Service. The Committees have included
language within Title I General Provisions to extend the
authorization of 12 expiring National Heritage Areas through
fiscal year 2015.
Historic Preservation Fund
The bill provides $56,410,000 for the Historic Preservation
Fund with the following specific directives:
State and Tribal Historic Preservation Offices.--The bill
provides $47,425,000 for State Historic Preservation Offices,
of which $500,000 is for grants to underserved communities,
and $8,985,000 for Tribal Historic Preservation Offices.
Construction
The bill provides $137,461,000 for Construction with the
following specific directives:
Line Item Construction.--The bill provides $60,563,000 in
funding for line item construction projects in the fiscal
year 2014 budget request and as shown in the table below.
Requests for reprogramming will be considered pursuant to the
guidelines in the front of this statement.
Everglades Restoration.--The Committees have been informed
by the Service that instead of the $30,000,000 requested in
the Construction account for the Tamiami Trail bridging, only
$15,000,000 is needed in fiscal year 2014. In keeping with
the Federal/non-Federal partnership for funding this project,
the Committees have provided the necessary $7,500,000 to move
this project forward in fiscal year 2014.
----------------------------------------------------------------------------------------------------------------
State Park Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
PA............................ Independence Hall National $1,981,000 $1,981,000
Historical Park.
WY............................ Yellowstone National Park..... 11,873,000 11,873,000
AK............................ Wrangell-St. Elias National 1,850,000 1,850,000
Park and Preserve.
CA............................ San Francisco Maritime 1,584,000 1,584,000
National Historical Park.
AZ............................ Grand Canyon National Park.... 3,746,000 3,746,000
DC............................ National Capital Parks-East... 3,209,000 3,209,000
NY............................ Vanderbilt Mansion National 6,218,000 6,218,000
Historic Site.
WA............................ Olympic National Park......... 5,891,000 5,891,000
DC............................ National Mall and Memorial 14,219,000 14,219,000
Parks.
IN, CT, MA MD, ME, NH, NY, PA, Indian Dunes National 2,492,000 2,492,000
VA, VT. Lakeshore and Appalachian
National Scenic Trail.
FL............................ Everglades National Park...... 30,000,000 7,500,000
---------------------------------------------------------------------------------
Total, Line Item .............................. 83,063,000 60,563,000
Construction.
----------------------------------------------------------------------------------------------------------------
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The bill includes a rescission of $28,000,000 in annual
contract authority. This authority has not been used in
recent years and there are no plans to use this authority in
fiscal year 2014.
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $98,100,000 for Land Acquisition and
State Assistance. The detailed allocation of funding by
activity is included in the table at the end of this
statement. This amount will fully fund the first six projects
and partially fund the seventh project as prioritized by the
Service pursuant to the Administration's consolidated request
list for fiscal year 2014, as shown in the table below. In
future budget submissions, the Service should prioritize and
rank projects in different management units separately, even
if they are part of a landscape collaborative planning
process or other multi-unit program. In addition to the
traditional State Conservation Grants, the Committees have
provided $3,000,000 for a competitive grant program. The
Secretary is directed to brief the Committees on the design
of the program and the grant criteria to be used prior to
issuing requests for proposals.
------------------------------------------------------------------------
Budget
State Park Unit Request This Bill
------------------------------------------------------------------------
MT Glacier NP............................ $1,030,000 $1,030,000
MI Sleeping Bear Dunes National Lakeshore 5,269,000 5,269,000
TX San Antonio Missions NHP.............. 1,760,000 1,760,000
SC/FL Congaree NP, Timucuan Ecological 3,459,000 3,459,000
Preserve.............................
TBD Civil War Sesquicentennial Units...... 5,500,000 5,500,000
VI Virgin Islands NP..................... 2,771,000 2,771,000
CA Joshua Tree NP, Mojave NP............. 7,595,000 2,278,000
Additional project requests........... 5,064,000 0
Total, Acquisitions................... 32,448,000 22,067,000
------------------------------------------------------------------------
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,032,000,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey.
In addition to the funding allocation table at the end of
this explanatory statement, the agreement includes the
following instructions:
Ecosystems.--Within the Ecosystems activity, an additional
$505,000 is provided to address white-nose syndrome in bats,
and an increase of $1,000,000 is included for Asian carp
control efforts.
Energy, Minerals, and Environmental Health.--The Committees
encourage the Survey to continue to analyze the distribution
and magnitude of endocrine-disrupting chemicals impacting
fish and wildlife in the Chesapeake Bay Watershed and have
therefore included $1,000,000 for Emergency Contaminants/
Endocrine Disruptors within the funding provided for
Contaminant Biology. The Committees recognize that the
Survey's mineral reports are highly valued by governmental
and nongovernmental entities and encourage the Survey to
consider additional sources of funds to support these reports
and other aspects of the minerals program.
Natural Hazards.--Funding for Natural Hazards programs
includes $1,000,000 for earthquake risks assessments,
$1,200,000 for Eastern U.S. earthquakes research and
monitoring, $900,000 for volcano and landslide disaster
response network activities, and $1,000,000 for coastal Lidar
imaging. The Committees support the Natural Hazards program
and urge the Survey to continue its research and outreach
efforts both within the Survey and with State and university
partners, including investments and improvements to the
Advanced National Seismic System. The Committees support
efforts to continue developing an earthquake early warning
prototype system on the West Coast. The Committees note that
several of the Survey's seismic stations associated with the
North Pacific volcano observatory network are currently
inoperable, with additional sites expected to lose monitoring
capability in the near future. The Survey
[[Page H975]]
should maintain a sufficient level of funding for the program
so that seismic activities continue to be detected rapidly
and important information can be disseminated to the public,
including information critical to civil and military air
routes.
Water Resources.--Within Water Resources, $600,000 is
provided for groundwater availability studies, $6,000,000 is
included for expansion of the National Streamgage Network,
and the Water Resources Research Institutes are funded at
$6,500,000.
Core Science Systems.--Within the funding provided for
Science, Synthesis, Analysis and Research, an increase of
$400,000 is for data preservation, and $764,000 of the amount
requested is included for the expansion of mapping activities
in Alaska.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $166,891,000 for Ocean Energy Management
to be partially offset with the collection of rental receipts
and cost recovery fees totaling $97,891,000, for a net
discretionary appropriation of $69,000,000. The request did
not include any funds for coastal marine spatial planning and
accordingly the bill provides no funds for such activities.
The agreement includes the following additional guidance:
Renewable Energy.--The Bureau should continue to work with
the Department of Energy to identify and permit a national
offshore wind test site that incorporates new technology
related to the structural material of transitional depth and
floating wind turbines. The Bureau is also expected to
continue working with coastal States and other stakeholders
to study new wind energy areas, including in shallow,
transitional, and deep (over 200 feet) waters.
Conventional Energy.--The Bureau should continue to work
with industry on efficient and transparent standards for plan
review, to improve technical accuracy, reduce the
administrative burden, and identify common errors and ways to
avoid them.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $187,715,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of rental receipts, cost recovery fees and
inspection fees totaling $123,970,000, for a net
discretionary appropriation of $63,745,000.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research. The
Bureau is directed to continue studying the full suite of
possible strategies and their effectiveness in responding to
oil spills, including dispersants, mechanical recovery, in-
situ burn, use of autonomous underwater vehicles that detect
and track the location of liquid hydrocarbons, and remote
sensing technologies that could be used to assess the
effectiveness of applied dispersants.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
The bill provides $122,713,000 for regulation and
technology. Within this amount, the bill funds regulatory
grants at $68,590,000, equal to the fiscal year 2012 enacted
level. The Committees find the budget proposal to reduce
regulatory grants would undermine the State-based regulatory
system. It is imperative that States continue to operate
protective regulatory programs as delegation of authority to
the States is the cornerstone of the surface mining
regulatory program. Further, the agreement does not provide
funds to expand and enhance Federal oversight activities of
State programs.
ABANDONED MINE RECLAMATION FUND
The bill provides $27,399,000 for the Abandoned Mine
Reclamation Fund.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,378,763,000 for Operation of Indian
Programs. The agreement includes the following instructions:
Contract Support Costs.--The agreement includes funding to
implement the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.) as in prior
years which, among other things, authorizes discretionary
appropriations for contract support costs. The agreement does
not include statutory language carried in prior year
appropriations bills, which limited the amount available in
any given fiscal year for the payment of contract support
costs, nor does it include the proposal put forth in the
Administration's fiscal year 2014 budget request that would
place a cap on the contract support cost amounts available
for each tribal contract or compact. That proposal was
developed without tribal consultation and the Committees
heard from numerous Tribes voicing their strong
opposition.
Instead, the question of contract support cost amounts to
be paid from within the fiscal year 2014 appropriation is
remanded back to the agencies to resolve, while the
underlying contradictions in current law remain to be
addressed by the House and Senate committees of jurisdiction.
Until such matters are resolved, the House and Senate
Committees on Appropriations are in the untenable position of
appropriating discretionary funds for the payment of any
legally obligated contract support costs. Typically
obligations of this nature are addressed through mandatory
spending, but in this case since they fall under
discretionary spending, they have the potential to impact all
other programs funded under the Interior and Environment
Appropriations bill, including other equally important tribal
programs. The Committees therefore direct the Department of
the Interior and the Department of Health and Human Services
to consult with the Tribes and work with the House and Senate
committees of jurisdiction, the Office of Management and
Budget, and the Committees on Appropriations to formulate
long-term accounting, budget, and legislative strategies to
address the situation. In the Committees' view, each
Department's solution should consider a standardized approach
that streamlines the contract negotiation process, provides
consistent and clear cost categories, and ensures efficient
and timely cost documentation for the Departments and the
Tribes. Within 120 days of enactment of this Act, the
Departments shall develop work plans and announce
consultation with Tribes on this issue.
The Department of the Interior is directed to submit an
operating plan to the Committees within 30 days of enactment
of this Act displaying funding allocations to the activity
level. The plan should consider the ability of the offices
and bureaus overseen by the Assistant Secretary.--Indian
Affairs to accommodate the streamlining reduction proposed in
the fiscal year 2014 budget considering the progress made
thus far, while ensuring adequate administrative support at
the national and regional level for administrative functions.
Indian Self-Determination Fund.--The agreement includes
funding for this program in the two-year appropriation, as
opposed to the no-year appropriation as was done in prior
years.
Housing Improvement Program.--The agreement includes
$8,000,000 to partially restore the proposed cut to the
program.
Trust.--Real Estate Services.--The Committees expect the
Bureau of Indian Affairs to support the Klamath Basin
Restoration Agreement.
Education.--The bill provides $591,234,000 for forward-
funded education but does not include funding for the
proposed turnaround schools pilot project.
The Committees are concerned that management challenges
within the Department, the Bureau of Indian Affairs, and the
Bureau of Indian Education (collectively, ``Indian
Affairs''), as identified in a September 2013 report by the
Government Accountability Office (GAO-13-774), may impact the
overall success of the students in the system. Although the
Committees are encouraged that Indian Affairs concurred with
all of GAO's recommendations and that a full-time director of
the Bureau of Indian Education is in place after a vacancy of
more than a year, the Committees expect the Secretary to
oversee the implementation of these management reforms.
Indian Affairs underwent an administrative realignment in
October 2013, but failed to keep the Committees apprised of
its implementation. The Committees direct the Department to
submit a report on this recent implementation within 30 days
of enactment of this Act.
The bill retains language preventing the Bureau of Indian
Education from funding new schools, including charter
schools. The Committees remain willing to consider any
proposal that will help more students graduate and succeed
without spreading the already limited appropriations among
more schools. Alternative education organizations and Tribes
are encouraged to work together to take advantage of the
flexibilities in curricula that the Bureau's tribal grant
school model offers.
The Committees continue to support the Johnson O'Malley
program, including the need for up-to-date student counts and
a full-time coordinator. The Bureau is directed to conduct an
accurate student count in fiscal year 2014 and publish the
results before the end of the fiscal year.
The Committees are aware that during school year 2013-14
the Bureau of Indian Education will conduct an internal
review of early education programs as well as the Family and
Child Education (FACE) program in order to explore ways to
provide more services to additional children. The Committees
expect the results of this review to be reflected in the
fiscal year 2016 budget request.
Indian Employment, Training and Related Services.--The
Committees remain concerned that an agreement has not been
reached between Tribes and the Administration concerning the
future management of the Public Law 102-477 program. Language
in the explanatory statement accompanying Division E of
Conference Report 112-331 established a framework for
resolving this dispute. While significant efforts were made
by the Public Law 102-477 Working Group, the parties appear
to be at an impasse. Accordingly, within 60 days of enactment
of this Act, the Bureau of Indian Affairs shall submit a
report to the House and Senate Committees on Appropriations
describing the current status of the negotiations, listing
those items that have been mutually agreed to and those that
remain to be resolved, and outlining the path that will be
taken to move the process forward in the months ahead.
Spirit Lake Tribe Social Services.--The Bureau is directed
to report to the House and Senate committees of jurisdiction
on the progress of its efforts and the adequacy of child
placement and judicial review by the Tribe and the Bureau.
The Secretary is expected to take all necessary steps to
ensure that children at the Spirit Lake Reservation are
placed in safe and secure homes.
[[Page H976]]
Public Safety and Justice.--For the purpose of addressing
the needs of American Indian youth in custody at tribal
detention centers operated or administered by the Bureau of
Indian Affairs, the Committee considers educational services
to juveniles in custody to be allowable costs for detention/
corrections program funding.
Office of Indian Energy and Economic Development.--The
Office is urged to consult with Tribes about improving and
increasing the use of the one-stop-shop model for expediting
energy development on tribal lands, and to utilize Public Law
93-638 and similar authorizations where possible.
Indian Arts and Crafts Board.--Funding for the Indian Arts
and Crafts Board is retained within the Office of the
Secretary rather than transferred to the Bureau as requested.
The Committees are told that the transfer could likely
improve the efficiency and effectiveness of enforcement of
the Indian Arts and Crafts Act of 1990 and other program
activities. However, the Committees remain concerned about
the lack of consultation with the Board and ask that the
Department evaluate this issue and report to the Congress in
the fiscal year 2015 budget request.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $110,124,000 for Construction. In
addition to the funding allocation table at the end of this
explanatory statement, the agreement includes the following
instructions:
Education.--The agreement includes $55,285,000, of which
$954,000 is for design costs within replacement school
construction, $3,818,000 is for employee housing repair, and
$50,513,000 is for facilities improvement and repair.
Significant health and safety hazards exist at Indian
educational facilities across the country, including the Bug-
O-Nay-Ge-Shig School of the Leech Lake Band of Ojibwe. The
Bureau is urged to continue to work with Tribes to repair and
replace substandard educational facilities.
Public Safety and Justice.--The Committees continue to
encourage the Bureau to consider establishing regional
detention centers at new or existing facilities, such as the
Shoshone-Bannock Tribes' Justice Center, as it works to
combat the crime problem in Indian Country.
INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $35,655,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $6,731,000 for the Indian Guaranteed Loan
Program Account.
DEPARTMENTAL OFFICES
OFFICE OF THE SECRETARY
DEPARTMENTAL OPERATIONS
The bill provides $264,000,000 for Departmental Offices,
Office of the Secretary, Departmental Operations. The
detailed allocation of funding by program area and activity
is included in the table at the end of the statement. The
bill also provides $12,168,000 for the Office of Valuation
Services.
National Monument Designations.--The Committees direct the
Department to work collaboratively with interested parties,
including the Congress, States, local communities, Tribal
governments and others in making national monument
designations.
Made in America.--The Committees direct the Department,
including the National Park Service, to explore viable ways
to encourage the sale of American-made products by
concessioners. To support this objective, the Department is
encouraged to examine the viability of purchasing supplies
from Federal Prison Industries (FPI), a wholly owned U.S.
government corporation that uses inmates from the Federal
Bureau of Prisons to produce goods sold to Federal government
agencies that otherwise would be manufactured and sold
outside the United States. The Committees encourage the
Department to the maximum extent possible to consider the
purchase of FPI items as existing contracts expire.
Fleet vehicles.--The Committees note that idle reduction
strategies and technologies currently being utilized by the
private sector may offer a net cost savings to the end user,
and thus direct the Department to provide the Committees with
a report no later than 180 days after enactment of this Act
on the potential benefits, cost effectiveness, and role of
idle reduction in its Performance Plan for fleet vehicles.
Indian Arts and Crafts Board.--The Committees have provided
funding for the Indian Arts and Crafts Board within the
Office of the Secretary rather than moving it to the Bureau
of Indian Affairs as proposed in the budget request.
Payments in Lieu of Taxes (PILT).--The Payments in Lieu of
Taxes (PILT) program provides compensation to local
governments for the loss of tax revenue resulting from the
presence of Federal land in their county or State. In 2013,
49 States, the District of Columbia, Guam, the Commonwealth
of Puerto Rico, and the U.S. Virgin Islands received PILT
payments. PILT has been a mandatory program since fiscal year
2008. The Committees have been given assurances that PILT
payments for fiscal year 2014 will be addressed expeditiously
by the appropriate authorizing committees of jurisdiction in
the House and Senate.
Freedom of Information Act and Other Costs.--The Committees
are concerned that Freedom of Information Act and other
document production requests may be consuming Department
resources and delaying important departmental actions. The
Committees fully support access to Federal government
information pursuant to such requests but remain obligated to
monitor their impacts on the Federal budget. Within 60 days
of enactment of this Act, the Department shall brief the
Committees on its efforts to date to account for the costs
and offsetting fee collections of such requests.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The bill provides $85,976,000 for Assistance to
Territories. In addition to the funding allocation table at
the end of this explanatory statement, the agreement includes
the following instructions:
The Department recently closed the Federal Labor Ombudsman
Office in Saipan, CNMI. The Department is expected to
continue technical assistance support to allow labor
oversight activities to continue in concert with other
Federal and non-Federal partners. Further, the Department
shall provide a status report on its activities to maintain
labor oversight to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act.
Compact Impact.--The agreement includes $3,000,000 as
requested to continue discretionary grants to mitigate the
impact of Compact-related migration on affected
jurisdictions, as authorized by section 104(e) of Public Law
108-188. The Department shall allocate these grants in
conjunction with other currently authorized mandatory grants
for the same purpose.
COMPACT OF FREE ASSOCIATION
The bill provides $16,465,000, which includes $2,818,000
for obligations related to the Compact of Free Association.
Language has been included in Title I General Provisions to
extend the eligibility for the Republic of Palau to receive
Federal aid until a new Compact of Free Association is
enacted by the Congress. It is imperative that the committees
of jurisdiction, together with the Administration, work with
urgency to enact a new Palau Compact and provide a more
permanent funding solution.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The bill provides $65,800,000 for the Office of the
Solicitor.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $50,831,000 for the Office of Inspector
General. The detailed allocation of funding by program and
activity is included in the table at the end of this
statement.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $139,677,000 for the Office of the
Special Trustee for American Indians. The detailed allocation
of funding by activity is included in the table at the end of
this explanatory statement.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill provides $740,982,000 for Department of the
Interior Wildland Fire Management. The amount provided,
combined with $92,000,000 in the FLAME Wildfire Suppression
Reserve Fund, fully funds the Department's 10-year average
expenditure for fire suppression. In addition, $36,000,000
was provided in the Continuing Appropriations Act, 2014 (PL
113-46) for fire transfer reimbursements in fiscal year 2013,
of which this bill rescinds $7,500,000 because these funds
were not needed to repay accounts where funds cannot be used
for their designated purposes. Total funding provided in
fiscal year 2014 for Department-wide wildland fire accounts
is $861,482,000. The detailed allocation of funding for these
accounts is included in the table at the end of this
statement. The Committees also provide the following
directions:
The bill provides $145,024,000 for Hazardous Fuels
activities. The Department is directed to implement effective
treatments in frequent fire forests that restore forest
resiliency and reduce hazardous fuels. Treatments should be
placed to effectively modify fire behavior and protect assets
at risk including life and property.
The Committees are supportive of the Department's efforts
to become more cost-effective and efficient within Wildland
Fire Management. The Committees, however, continue to be
concerned by the duplication that exists within the
Department's wildland fire programs; the growth of the Office
of Wildland Fire Coordination in Boise, Idaho; and the delay
of funding to the field for emergency stabilization and
rehabilitation.
The Committees are also concerned by the delay of emergency
stabilization and rehabilitation funds to State and/or
regional offices and direct the Department to more
expeditiously allocate funds so critical work can be
completed in a timely manner.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(including transfer of funds)
The bill provides $92,000,000 for the FLAME Wildfire
Suppression Reserve Fund.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $9,598,000 for the Central Hazardous
Materials Fund.
[[Page H977]]
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $6,263,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
WORKING CAPITAL FUND
The bill provides $57,000,000 for the Department of the
Interior, Working Capital Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions
affecting the Department in Title I of the bill, ``General
Provisions, Department of the Interior.'' Several of these
provisions have been carried in previous years and others are
newly proposed this year. The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the transfer of funds from the
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians.
Section 105 permits the redistribution of tribal priority
allocation and tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 authorizes the Bureau of Land Management to
implement an oil and gas leasing Internet program.
Section 109 authorizes the Secretary of the Interior to
continue the reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement in conformance with
Committee reprogramming guidelines.
Section 110 allows the Bureau of Indian Education to
utilize funds recovered from grants or Indian Self-
Determination Act contracts to Tribes upon re-assumption of
school operations by the Bureau.
Section 111 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 112 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 113 provides authority for the Department to accept
public and private contributions for the orderly development
and exploration of Outer Continental Shelf Resources.
Section 114 continues a provision which directs the
Secretary of the Interior to make certain certifications with
respect to existing rights of way. The section also retains a
provision limiting funding for a proposal to approve
specified rights-of-way on the Mojave National Preserve or
lands managed by the Needles Field Office of the Bureau of
Land Management.
Section 115 modifies the management designation of Sunrise
Mountain Instant Study Area, Nevada.
Section 116 limits funding for energy generation facilities
on Bureau of Land Management lands already identified as
exclusion lands by the Department of the Interior.
Section 117 extends certain pay authorities.
Section 118 extends authorization for certain payments to
the Republic of Palau for fiscal year 2014.
Section 119 extends the authorizations of 12 National
Heritage Areas through fiscal year 2015.
Section 120 redesignates the White River National Wildlife
Refuge.
Section 121 makes a technical correction to section 206 of
Public Law 97-451 related to civil penalties.
Section 122 addresses Bureau of Land Management actions
regarding grazing on public lands.
Section 123 provides the Secretary of the Interior certain
pay authorities.
Section 124 continues a provision prohibiting funds to
implement, administer, or enforce Secretarial Order 3310
issued by the Secretary of the Interior on December 22, 2010.
Section 125 provides for the trailing of livestock across
public lands through fiscal year 2015.
Section 126 redesignates the Nisqually National Wildlife
Refuge visitor center.
Section 127 directs the Secretary of the Interior to
reissue a rule pertaining to wildlife.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The bill provides $8,200,000,000 for the Environmental
Protection Agency (EPA). Unless explicitly stated in the
explanatory statement or included in the table accompanying
the statement, funds have only been provided for fixed cost
needs and for existing programs and activities.
Congressional Budget Justification.--The Agency is directed
to continue to include the information requested in House
Report 112-331 and any proposals to change State allocation
formulas that affect the distribution of appropriated funds
in future budget justifications.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000 and should continue to follow the
reprogramming directives as provided in the front of this
statement. Further, the Agency may not use any amount of
deobligated funds to initiate a new program, office, or
initiative, without the prior approval of the Committees.
Within 30 days of enactment of this Act, the Agency is
directed to submit to the House and Senate Committees on
Appropriations its annual operating plan for fiscal year
2014, which shall detail how the Agency plans to allocate
funds at the program project level.
SCIENCE AND TECHNOLOGY
The bill provides $759,156,000 for Science and Technology
programs and transfers $19,216,000 from the Hazardous
Substance Superfund account to this account. The bill
provides the following specific funding levels and direction:
Indoor Air and Radiation.--The bill provides $6,449,000.
The proposed elimination of radon activities has been
rejected.
Research: National Priorities.--The bill provides
$4,234,000 which shall be used for extramural research
grants, independent of the Science to Achieve Results grant
program, to fund high-priority water quality and availability
research by not-for-profit organizations who often partner
with the Agency. Funds shall be awarded competitively with
priority given to partners proposing research of national
scope and who provide a 25 percent match. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
Research: Safe and Sustainable Water Resources.--The bill
provides $111,018,000. The proposed elimination of the beach
program has been rejected and funding for this program has
been restored within the funds provided.
Research: Sustainable and Healthy Communities.--The bill
provides $154,978,000. Funding is included for the Agency's
STAR and the Greater Research Opportunities fellowship
programs consistent with fiscal year 2013 levels.
Additional Guidance.--The agreement includes the following
additional guidance:
Endocrine Disruptor Research.--There has been longstanding
interest in EPA's effort in determining possible health and
environmental effects of chemicals. To improve analysis of
chemicals, EPA needs to improve its scientific understanding
of chemical properties in order to better inform the Agency's
Contaminant Candidate List as required by the Safe Drinking
Water Act; Air Toxics Strategy as required under the Clean
Air Act; and all required activities under the Toxic
Substances Control Act. EPA is directed to follow the
directives and recommendations in House Report 112-589 with
respect to Endocrine Disruptor Research.
Integrated Risk Information System (IRIS).-- The Committees
note that House Report 112-331 directed EPA to contract with
the National Academy of Sciences (NAS) to conduct reviews of
IRIS assessments with the goal of improving EPA's IRIS
assessments. The Committees recognize that the agreed-upon
NAS review is ongoing and that the Agency is taking steps to
address previous NAS recommendations. To that end, the Agency
shall include in each draft and final IRIS assessment
released in fiscal year 2014, documentation describing how
EPA has implemented or addressed NAS Chapter 7
recommendations. If any recommendations were not
incorporated, the Agency should explain its rationale.
Further, EPA should ensure the new draft of the
formaldehyde assessment reflects those recommended
improvements. Specifically, EPA should adhere to the
recommendation in Chapter 7 of the NAS report that
``strengthened, more integrative and more transparent
discussions of weight of the evidence are needed.''
Conducting a risk assessment for formaldehyde presents many
challenges, due largely to the significant database for this
compound. Although several evaluations have been conducted,
none has formally integrated toxicological and
epidemiological evidence. EPA should ensure the forthcoming
revised draft IRIS assessment of formaldehyde is a model of
transparency and represents an objective and robust
integration of the scientific evidence.
The Committees understand EPA has decided to make further
revisions to the acrylonitrile assessment to more fully
address scientific issues in the assessment. Therefore, the
Agency is directed to review methods previously used to
evaluate and interpret the body of available scientific data,
including the weight-of-evidence approach. Further, and no
later than May 1, 2014, the Agency shall provide to the House
and Senate Committees on Appropriations a progress report
that describes the Agency's implementation of NAS Chapter 7
recommendations for fiscal years 2012 and 2013.
The progress report shall include a chapter on whether
there are more appropriate scientific methods to assess,
synthesize and
[[Page H978]]
draw conclusions regarding likely human health effects
associated with likely exposures to substances. The Agency
should also discuss the current re-evaluation of the
formaldehyde and acrylonitrile assessments as well as any
other assessments that may be relevant as case studies. This
chapter should include a discussion of the methods previously
used by the Agency to evaluate and interpret the body of
available scientific data, and include descriptions of any
quantitative methods used to combine evidence to support
hypotheses, such as the weight-of-evidence approach.
Laboratory Workforce Planning.--In July 2011, the
Government Accountability Office (GAO) found that EPA needs a
more coordinated approach to managing its laboratories and
that EPA does not use a comprehensive process for managing
its laboratories' workforce (GAO-11-347). Consistent with GAO
findings, EPA should develop a comprehensive workforce
planning process for all laboratories that is based on
reliable workforce data in order to identify future needs
across all Agency laboratories.
Nanomaterial Research.--Given the increased capabilities of
the Food and Drug Administration (FDA) concerning
nanomaterials, the Agency is encouraged to explore future
research collaboration with the FDA which benefits the
missions of both organizations in studies related to the
environment, health, and safety of nanomaterials and in
sustainable molecular design research.
Public Access to Research.--In February 2013, the Office of
Science and Technology Policy, Executive Office of the
President issued guidelines on increasing public access to
the results of federally funded scientific research. Given
the importance of research funded by EPA, the Agency is
encouraged to comply expeditiously.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
The bill provides $2,624,149,000 for Environmental Programs
and Management and includes the following specific funding
levels and direction:
Clean Air and Climate.--The bill provides $277,491,000.
Funding is included for the Sunwise program consistent with
the fiscal year 2013 level.
Environmental Protection: National Priorities.---The bill
provides $12,700,000 for a competitive grant program to
provide technical assistance for improved water quality or
safe drinking water to rural and urban communities or
individual private well owners. The Agency is directed to
provide $11,000,000 for grants to qualified not-for-profit
organizations, on a national or multi-State regional basis,
for on-site training and technical assistance for water
systems in rural or urban communities. The Agency is also
directed to provide $1,700,000 for grants to qualified not-
for-profit organizations for technical assistance for
individual private well owners, with priority given to
organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency shall require each grantee to provide a minimum 10
percent match, including in-kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment.
Geographic Programs.--The bill provides $415,737,000, as
distributed in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000. EPA shall follow the direction provided in
House Report 112-589 for fiscal year 2014. The Agency is
directed to continue funding the Great Lakes mass marking
program, at or above current levels of $1,500,000 per year,
as a part of the Great Lakes Restoration Initiative. Further,
the Committees encourage EPA and the Bureau of Indian Affairs
to explore ways to improve efficient distribution and use of
Great Lakes Restoration Initiative funds by eligible Tribes
and tribal organizations, such as through the use of
mechanisms authorized by the Indian Self-Determination and
Education Assistance Act of 1975.
Chesapeake Bay.--The bill provides $70,000,000. From within
the amount, $5,000,000 is for nutrient and sediment removal
grants and $5,000,000 is for small watershed grants to
control polluted runoff from urban, suburban and agricultural
lands.
Puget Sound.--The bill provides $25,000,000. Funds shall be
allocated in the same manner as directed in House Report
112--331. The Agency is directed to expeditiously obligate
funds, in a manner consistent with the authority and
responsibilities under Section 320 and the National Estuary
Program.
Community Action for a Renewed Environment (CARE).--No
funds have been provided for the CARE Program.
Indoor Air and Radiation.--The bill provides $28,081,000.
The proposed elimination of radon activities has been
rejected.
Information Exchange.--The bill provides $128,569,000. The
Committees are aware that a backlog of responses to
congressional inquiries exists and urge the Agency to
expedite formal responses to ensure that committees and
Member offices have the information they need to remain
responsive to constituencies and ensure appropriate
congressional oversight on programs of interest. To help
inform the Committees with respect to workload, the
Committees direct the Office of Congressional and
Intergovernmental Relations (OCIR) to submit a quarterly
report to the House and Senate Committees on Appropriations
that shows the date when congressional requests for
information were received, a short description of the
requested information, number of days since receipt of
request, and the office currently responsible for drafting/
reviewing the response.
Resource Conservation and Recovery Act.--The bill provides
$107,738,000. Funding to develop the e-manifest system has
been consolidated within the new Hazardous Waste
Electronic Manifest System Fund account. The Committees
strongly support efforts to build a cost-effective IT
system to manage manifest transactions electronically.
Water: Ecosystems.--The bill provides $46,163,000. The
Committees expect that EPA will use the funds provided to
accelerate the review and comment period for consultations
provided as part of the Section 404 permitting process. The
Committees direct EPA, in consultation with the Corps of
Engineers, to report monthly on the number of Section 404
permits under EPA's review. The report should include the
information requested under this heading in House Report 112-
589.
Water: Human Health Protection.--The bill provides
$100,088,000. The proposed elimination of the beach program
has been rejected and funding for this program has been
restored within the funds provided.
Additional Guidance.--The agreement includes the following
additional guidance:
Administrator Priorities.--Funding for Administrator
priorities shall not exceed the fiscal year 2012 enacted
level. The Agency is directed to submit a report within 90
days of enactment of this Act that identifies how the fiscal
year 2012 and 2013 funding was used by account, program area
and program project and includes a description of the
activities and any anticipated results. Future congressional
budget justifications should identify funding in each program
project that has been set aside for Administrator priorities,
and include a justification for the effort and any
anticipated results.
Aerial Compliance Monitoring.--The Agency is directed to
submit a report to the House and Senate Committees on
Appropriations within 180 days of enactment of this Act that
identifies by fiscal year: the amount of funding spent to
contract for aerial over-flights, the contractor performing
the work, the number of flights performed, geographical areas
(county and State) that the contracted flights surveyed, and
data that identifies by fiscal year the number of enforcement
actions where aerial survey information was utilized as
contributing evidence, and the outcome of each action. The
report shall include data from fiscal year 2003 to fiscal
year 2013.
Brown Marmorated Stink Bug.--The Committees encourage the
Agency to continue to work collaboratively with the U.S.
Department of Agriculture, including the Agricultural
Research Service, the National Institute of Food and
Agriculture, and the Animal and Plant Health Inspection
Service, and State partners to expeditiously approve a
control program for the brown marmorated stink bug as soon as
the appropriate agents are evaluated for release.
Confidential Business Information.--The Committees urge EPA
to enhance and update its current guidance on the use and
development of structurally-descriptive generic names to be
used in lieu of confidential chemical identity and provide no
further directives.
Colony Collapse Disorder.--The declining health of bees is
impacting the ability of U.S. beekeepers to maintain adequate
bee supplies that are essential for the production of honey
and for pollination. Honey bees and other pollinators perform
a vital function for a substantial portion of fruit and
vegetable production. There is ongoing collaboration between
the EPA and the U.S. Department of Agriculture to address the
complex issues surrounding bee health. The comprehensive
scientific report on honey bee health issued in 2013
highlighted several key issues, including the impact of
parasites and disease, the need for increased genetic
diversity, and the need for land management to provide
sufficient nutrition for bee colonies. The report also
identifies the most pressing pesticide research questions
related to determining pesticide exposures and effects of
pesticides to bees and the potential for impacts on bee
health and productivity of whole honey bee colonies. To build
on the collaborative work in 2013, EPA shall improve its risk
assessment approaches as a part of its pesticide registration
process to protect honey bees, bumble bees, and solitary bees
in all life stages. Further, EPA has already taken action in
regard to improving pesticide labels and is expected to
continue to regularly evaluate its policies to ensure the
protection of pollinators and all species critical to food
production.
Drinking Water Treatment Compliance Flexibility.--The
Committees recognize that the Long Term 2 Enhanced Water
Treatment Rule presents significant costs and technical
challenges for systems serving fewer than 100,000 persons
while current timeframes present significant challenges for
communities seeking to annualize the capital investment. The
Committees direct EPA and the States to work with
municipalities that are progressing in good faith to comply
with the rule and need additional time to minimize volatility
in water utility rates for ratepayers. The Committees direct
EPA to convene a working group of Federal, State, and local
stakeholders to discuss options for compliance schedules and
report to the Committees within 180 days of enactment of this
Act about interim options for ensuring protection of human
health and the environment under the rule without the use of
an enforcement action or an administrative order.
[[Page H979]]
Energy STAR.--The Agency is directed to work with the
appropriate Federal agencies and standards bodies to develop,
to the maximum extent practicable, uniform labeling standards
particularly as the labeling requirements apply to Energy
STAR lamps.
Lead Recordkeeping Requirements.--The Agency is directed to
review the requirements contained within 40 CFR 745.86 and
submit a report to the House and Senate Committees on
Appropriations that identifies potentially duplicative
requirements particularly in situations where multiple
entities (home retailers, contractors and subcontractors) are
involved in a renovation. The report shall include options
for reducing recordkeeping and reporting burdens at large,
and address findings of duplication. The report shall be due
120 days after the date of enactment unless the Agency opts
to solicit formal public comment wherein the report shall
then be due one year following the date of enactment of this
Act.
Protection of Personal Information.--The Committees are
concerned about EPA's recent release of personal data on
concentrated animal feeding operations (CAFOs) pursuant to a
Freedom of Information Act (FOIA) request. The Committees
direct the Government Accountability Office to (1) describe
EPA's process for screening and protecting personal
information prior to responding to FOIA requests, (2)
describe EPA's procedures for remedying the release of
personal information once known, including those procedures
in effectin fiscal year 2013, and (3) describe the status of
EPA actions to improve its procedures related to managing
personal information pursuant to FOIA requests.
Regional Haze.--The process for reviewing State
implementation plans is well-served when EPA, States, and
industry work collaboratively to ensure that dispersion
models are continually improved and updated to ensure the
most accurate predictions of visibility impacts, as well as a
uniform set of cost estimates. To that end, EPA shall begin
development of a seventh edition of the document entitled
``EPA Air Pollution Control Cost Manual.'' The Administrator
shall consult, and seek comment from State, local, and tribal
departments of environmental quality during development of
such seventh edition, and provide opportunity for public
comment. In addition, EPA shall publish in the Federal
Register a notice to solicit comment on revising the Agency's
``Guideline on Air Quality Models'' under appendix W to part
51 of title 40, Code of Federal Regulations, to allow
flexible modeling approaches and to adopt updates to the
CALPUFF modeling system (or portions thereof) or other
modeling tools as may be appropriate under such Guideline.
Within six months of enactment of this Act, if EPA finds the
requirements above cannot be accomplished without causing
delay in the approval of State implementation plans, the
Agency shall certify such to the Committees. The
certification from EPA shall include documentation on how the
directives would cause delay in a particular State and also
an estimate of when the directives can be carried out without
causing delays in the program.
Renewable Identification Number (RIN) fraud.--The Agency is
directed to continue to make RIN integrity and enforcement a
high priority as RIN fraud is damaging to legitimate
biodiesel market participants and the value of the biodiesel
market. Additionally, the Agency is directed to collaborate
with other appropriate government agencies to closely monitor
exported volumes to ensure compliance with the law given
allegations of RIN abuse in the biodiesel export market.
Risk Management Plans.--EPA is directed to maintain its
practice of only releasing Risk Management Plan information
pursuant to a FOIA request or in EPA reading rooms.
State Role in Clean Air Act Implementation.--Not later than
180 days after the date of enactment of this Act, the Agency
is directed to provide the House and Senate Committees on
Appropriations a report that lists by region, all State
implementation plan submittals that are currently before EPA,
the date received, and any deadline for required action.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $3,674,000 for the Hazardous Waste
Electronic Manifest System Fund. Funds from the request have
been consolidated in this account. The Committees direct EPA
to move forward expeditiously with system development.
OFFICE OF INSPECTOR GENERAL
The bill provides $41,849,000 for the Office of Inspector
General (OIG). Based on the fiscal year 2013 quarterly
staffing report submitted to the Committees, OIG had 330 on-
board full time equivalents (FTE) at the end of the fourth
quarter, a reduction of 15 FTE from the first quarter of the
fiscal year. Given the reductions in the office, the level of
funding provided is expected to at least fund current FTE
levels.
BUILDINGS AND FACILITIES
The bill provides $34,467,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,088,769,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $9,939,000 to the Office of Inspector General
account and $19,216,000 to the Science and Technology
account. The bill provides the following additional
direction:
Financial Assurance.--Prior to proposing any rule pursuant
to section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9608(b)), the Administrator is directed to collect and
analyze information from the commercial insurance and
financial industries regarding the use and availability of
necessary instruments (including surety bonds, letters of
credit andinsurance)for meeting any new financial
responsibility requirements and to make that analysis
available to the House and Senate Committees on
Appropriations and to the general public on the Agency
website 90 days prior to a proposed rulemaking.In addition,
the analysis shall include the Agency's plan to avoid
requiring financial assurances that are duplicative of those
already required by other Federal agencies.
Superfund Special Accounts.--The Agency is directed to
continue to provide Special Account information as part of
the budget request. Further, the Agency is directed to report
to the House and Senate Committees on Appropriations within
120 days of enactment of this Act on the practical and legal
implications of re-prioritizing funds planned for future-year
activities (such as five year reviews) to cleanup activities
addressing human health and environmental concerns in the
near-term. The report should evaluate alternative uses for
these funds, including short-term activities to reduce or
eliminate human exposures and groundwater migration.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $94,566,000 for the Leaking Underground
Storage Tank Trust Fund Program (LUST). The Committees note
that EPA offered no opportunity for congressional review
prior to changing the allocation formula by which LUST
cooperative agreements are distributed to States in fiscal
year 2013. As such, the Agency is directed to allocate funds
for this program using the same formula as fiscal year 2012.
INLAND OIL SPILL PROGRAMS
The bill provides $18,209,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $3,535,161,000 for the State and Tribal
Assistance Grants (STAG) program and includes the following
specific funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,480,783,000 for infrastructure assistance, including
$1,448,887,000 for the Clean Water State Revolving Fund and
$906,896,000 for the Drinking Water State Revolving Fund. The
Agency is directed within 180 days of enactment of this Act
to submit a report to the House and Senate Committees on
Appropriations on how EPA and the States have used the
additional subsidization authority, including information on
the number and amounts of loans awarded with additional
subsidization, recipient communities, and descriptions of
projects funded.
Alaska Native Villages.--The bill provides $10,000,000. The
bill continues language from prior years directing that not
less than 25 percent of funds provided for the program be
used for projects in regional hub communities.
Categorical Grants.--The bill provides $1,054,378,000 for
Categorical Grants and funding levels are specified in the
table at the end of this division. The amount also includes
$228,219,000 for the State and Local Air Quality Management
grant program. The Agency is directed to allocate funds for
this program using the same formula as fiscal year 2012.
Bill Language.--The bill includes modified language
specifying amounts made available under the State revolving
fund programs for additional subsidization, and amounts made
available for the green infrastructure reserve in the Clean
Water State Revolving Fund program. The bill does not provide
the requested mandatory set-aside for green infrastructure
projects within the Drinking Water State Revolving Fund
program but does include language allowing States to continue
to fund these types of projects at their discretion.
Use of Iron and Steel.--The bill includes language in Title
IV General Provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects. The
Committees acknowledge that EPA may issue a waiver of said
requirements for de minimis amounts of iron and steel
building materials.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFER OF FUNDS)
The bill includes language that addresses the collection
and expenditure of pesticide fees, allows cooperative
agreements to Tribes, allows transfer of funds for the Great
Lakes Restoration Initiative, and authorizes amounts for one-
time facility repairs. The bill also increases the cap for
Title 42 slots from 30 to 50 persons. The Agency should
identify where critical talent gaps exist and actively
recruit accredited scientists with the knowledge and
expertise needed by the Agency. As such, the Committees
continue to direct EPA to use Title 42 authority to recruit
external talent to the Agency.
[[Page H980]]
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
The bill provides $292,805,000 for Forest and Rangeland
Research. The Committees also provide the following
directions:
The Forest Service is directed to continue research on
white-nose syndrome in bats and to continue research on
wolverines.
Bighorn Sheep Research.--The Forest Service is urged to
collaborate with the Bureau of Land Management and the
Agricultural Research Service on research involving the risk
of disease transmission between domestic and bighorn sheep.
Green Building and Wood Promotion.--The Committees believe
green building markets are a growing opportunity for
American-grown wood, and urge the Forest Service to work
through science and technology in the Forest Products
Laboratory to further position wood as a green building
material.
Urban Forest Research.--The Forest Service is encouraged to
maintain a vibrant urban forest research program to assist
urban communities in inventorying and assessing the changing
conditions and health of urban forests and develop strategic
plans to sustain these natural resources.
STATE AND PRIVATE FORESTRY
The bill provides $229,980,000 for State and Private
Forestry. The Committees also provide the following
directions:
Landscape Scale Restoration.--The Committees are supportive
of this new line item and direct the Forest Service to
provide a report on expected performance and accountability
within 90 days of enactment of this Act.
Forest Health Management.--The Committees are supportive of
the transfer of forest health line items, but expect the
funding to be allocated in a manner similar to previous
years.
Forest Legacy.--The bill provides $50,965,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $44,565,000 for projects. The Service
should fund projects in priority order according to the
competitively selected national priority list submitted by
the Forest Service to the Committees on August 12, 2013.
International Forestry.--The Committees are supportive of
the International Forestry program and its work to advance
international trade for U.S. timber products and forestry
interests.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,496,330,000 for the National Forest
System. The Committees also provide the following directions:
Increasing the Pace of Restoration and Job Creation on Our
National Forests.--The Committees are supportive of the
Forest Service's efforts to move more swiftly to restore the
health of national forests. Funding has been included for
programs that contribute to these efforts.
Restoration Partnerships.--Within 90 days of enactment of
this Act, the Forest Service should provide a report to the
Committees on expected performance, accountability, and
budget.
Land Management Planning.--The bill provides $37,754,000
for Land Management Planning. The agreement does not approve
the consolidation of this line item with the Inventory and
Monitoring line item.
Inventory and Monitoring.--The bill provides $151,019,000
for Inventory and Monitoring. The Committees encourage the
Forest Service to work with State agencies, universities,
professional societies and other Department of Agriculture
agencies to efficiently increase allotment monitoring.
Recreation, Heritage and Wilderness.--The bill provides
$261,719,000 for Recreation, Heritage and Wilderness
programs.
Grazing Management.--The bill provides $55,356,000 for the
Grazing Management program. The Committees direct the Forest
Service, to the greatest extent practicable, to make vacant
grazing allotments available to a holder of a grazing permit
or lease when lands covered by the holder of the permit or
lease are unusable because of drought or wildfire.
Forest Products.--The bill provides $339,130,000 for the
Forest Products program. The Committees expect the Forest
Service to increase vegetative and timber management
activities and believe that there needs to be dramatic
improvement in forest management to improve forest health,
increase timber production, and restore forest jobs.
Vegetation and Watershed Management.--The bill provides
$184,716,000 for Vegetation and Watershed Management
activities.
Wildlife and Fish Habitat Management.--The bill provides
$140,466,000 for Wildlife and Fish Habitat Management
activities. The Committees urge the Service to increase
monitoring of threatened and endangered fish and their
habitat, especially in grazing allotments.
Collaborative Forest Landscape Restoration (CFLR).--The
bill provides $40,000,000 for the Collaborative Forest
Landscape Restoration Fund. The Committees direct the Forest
Service to report to the Committees within 60 days of
enactment of this Act on the implementation of CFLR funded
projects and the outcome of those projects to date. The
Forest Service is strongly encouraged to consider the hiring
practices of contractors bidding for CFLR projects to
maximize the use of funds being used by contractors to hire
local workers.
Minerals and Geology Management.--The bill provides
$76,423,000 for Minerals and Geology Management activities.
Landownership Management.--The bill provides $77,730,000
for Landownership Management activities.
Law Enforcement Operations.--The bill provides $126,653,000
for Law Enforcement Operations.
Integrated Resource Restoration (IRR).--The Committees
continue the proof of concept established in fiscal year
2012. The Forest Service is directed to provide an assessment
of the IRR pilot that reports on performance measures and
outcomes in Regions 1, 3, and 4. The report should evaluate
successes and challenges related to the agency's ability to
accomplish maintenance and restoration goals and achieve
efficiencies and cost savings. The Forest Service is
encouraged to use multi-party monitoring and evaluation to
assess the effectiveness of the pilot. The Forest Service is
directed to brief the Committees on Appropriations of the
House of Representatives and the Senate on its IRR plan for
fiscal year 2014 within 90 days of enactment of this Act.
Valles Caldera National Preserve.--The bill provides
$3,364,000 for management of the Valles Caldera National
Preserve.
Bill Language.--The Committees have included language
within Title IV General Provisions to return to the policy
that existed for Forest Service categorical exclusions prior
to March 19, 2012. This language does not grant any new or
expanded authority for the use of categorical exclusions by
the Forest Service. The Committees direct the Secretary of
Agriculture to require scoping and early notice of upcoming
proposals to interested and affected persons for all Forest
Service proposed actions, including those that would appear
to be categorically excluded from further analysis and
documentation in an environmental assessment or an
environmental impact statement. Additionally, the Secretary
shall give timely notice to interested and affected persons,
Federal agencies, State and local governments, and
organizations of the availability of environmental and
accompanying decision documents. The Secretary will also
provide notice and comment as provided for by the agency's
National Environmental Policy Act implementing regulations
for projects or activities implementing a land and resource
management plan developed under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $350,000,000 for capital improvement and
maintenance programs offset by a $17,000,000 scoring credit
related to the road and trail fund. The Committees also
provide the following directions:
Facilities.--The bill provides $71,000,000 for Facilities
including $12,000,000 for construction and $59,000,000 for
maintenance.
Roads.--The bill provides $166,000,000 for Roads including
$22,546,000 for construction and $143,454,000 for
maintenance.
Trails.--The bill provides $75,000,000 for Trails including
$58,000,000 for maintenance and $17,000,000 for construction.
Legacy Roads.--The bill provides $35,000,000 for the Legacy
Roads and Trails program.
Gifford Pinchot National Forest.--Within the Gifford
Pinchot National Forest, the Forest Service is encouraged to
give preference to the reduction of a road to Maintenance
Level l over decommissioning and to decommission only after
final plantation restoration work in Late Successional
Reserve habitat development, or on a portion of road where
resource protection cannot be adequately met by closing and
stabilizing.
LAND ACQUISITION
The bill provides $43,525,000 for Land Acquisition. The
detailed allocation of funding by activity is included in the
table at the end of this statement. This amount provides
funding for the first three projects as prioritized by the
Service from the President's fiscal year 2014 budget request.
In future budget submissions, the Forest Service should
prioritize and rank projects in different management units
separately, even if they are part of a landscape
collaborative planning process or other multi-unit program.
The Committees expect funding for inholdings, exchanges, and
recreational access to be used to acquire high priority lands
that maximize benefits to the public through consolidated
Federal ownership that provides recreational access, creates
management efficiencies, or protects critical resources,
including wilderness.
----------------------------------------------------------------------------------------------------------------
State Forest Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
MT......................................... Crown of the Continent $31,000,000 $26,000,000
Northern Rockies-Montana
Legacy.
CA......................................... Sierra Nevada Checkerboard... 2,300,000 2,300,000
WA......................................... Washington Cascades-Yakima 3,000,000 3,000,000
River Watershed.
Additional project requests.. 9,314,000 0
-------------------------------------
[[Page H981]]
Total, Acquisitions.................... ............................. 45,614,000 31,300,000
----------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $912,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $217,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $3,000,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $40,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $2,500,000 for the Management of National
Forest Lands for Subsistence Uses and does not support the
proposed elimination of this appropriation.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $2,162,302,000 for Forest Service
Wildland Fire Management. The amount provided, combined with
$315,000,000 in the FLAME Wildfire Suppression Reserve Fund,
fully funds the Forest Service's 10-year average expenditures
for fire suppression. In addition, $600,000,000 was provided
in the Continuing Appropriations Act, 2014 (PL 113-46) for
fire transfer reimbursements in fiscal year 2013. Total
funding provided in fiscal year 2014 for Forest Service
wildland fire accounts is $3,077,302,000. In the fiscal year
2015 and all future budget submissions, the Committees direct
the Forest Service to include a detailed table of actual and
proposed spending on fire operations, which should also
include a breakout of spending on aviation resources, for
both preparedness and suppression appropriations. The
Committees also provide the following directions:
Other Operations.--Biomass utilization grants are only for
the development of new or existing high value markets for low
value wood, including biomass for energy, wood-based
nanotechnology, green building construction, and other forest
products to increase the utilization of hazardous fuel wood,
accelerate forest restoration and reduce the rate and size of
catastrophic fire.
Fire and Aviation Management.--The Committees note that
progress has been made this year to augment the Forest
Service's aviation assets but how this will impact the
Service's future budgets is not clear and is a cause for
concern. As a result of the National Defense Authorization
Act for Fiscal Year 2014, the Forest Service will receive
seven demilitarized HC-130H aircraft with aerial fire
retardant dispersal modifications and 15 demilitarized C-23B
Sherpa aircraft for firefighting purposes.
In spite of this progress, the Committees remain concerned
that the Service's near- and long-term plans for aviation
fall short in terms of setting out the timeline, funding, and
specific steps required to meet the Service's stated goals. A
long-term plan, to meet the Service's needs for next
generation aircraft, as well as a short-term plan for the
next five years, is necessary in light of more active fire
seasons. Therefore, the Service is directed to provide within
90 days of enactment of this Act both a five-year aviation
plan and a long-term aviation plan detailing anticipated
needs. The Service is further directed to provide 1) a report
addressing the Service's near- and long-term large airtanker
strategy including funding needs related to current contracts
for next generation large airtankers and options associated
with those contracts to fulfill the large airtanker
modernization strategy, including acquisitions costs, flight
hour costs, and projected annual costs, and 2) an evaluation
of currently available technologies to make aerial
firefighting more efficient and cost-effective.
Hazardous Fuels.--The bill provides $306,500,000 for
Hazardous Fuels activities. The Forest Service is directed to
implement effective treatments in frequent fire forests that
restore forest resiliency and reduce hazardous fuels.
Treatments should be placed to effectively modify fire
behavior and protect assets at risk, including life and
property.
Federal Coordination with State and Local Fire Managers.--
The Committees are aware that the facility housing the Forest
Service's Southern California Geographical Coordination
Center, which has been condemned, houses a number of fire
emergency managers including the California Department of
Forestry and Fire Protection (CAL FIRE). The Committees note
that CAL FIRE has expressed its desire to continue this
collocation and encourages the Forest Service to continue
working with CAL FIRE to collocate their operations at the
new Southern California Geographical Coordination Center.
Fire retardant.--The Committees urge the Forest Service to
provide firefighting personnel with access to training on the
use of fire retardant and other fire chemicals to fight
wildfire.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $315,000,000 for the FLAME Wildfire
Suppression Reserve Fund.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The bill continues administrative provisions from previous
years. The Committees have made language regarding the
National Forest Foundation and interest earned from Federal
funds permanent. The Committees have included bill language
regarding reimbursable agreements with the U.S. Department of
Agriculture.
The Forest Service is directed to include tables in the
fiscal year 2015 and future budget justifications that
clearly display the source of funding for cost pools by
budget line item, the amount for each cost pool, and direct
and indirect expenditures from each cost pool by region,
station, and area (RSA). The prior, current, and future
budget years should be shown for each table.
The bill includes a provision related to management of wild
horses and burros from National Forest System lands by the
Bureau of Land Management (BLM). In future budget
submissions, the Forest Service should include actual and
projected transfers of funds to the BLM for these activities.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides $3,982,842,000 for Indian Health
Services. The agreement includes the following instructions:
Contract Support Costs.--The Committees' disposition of
contract support costs is discussed under ``Bureau of Indian
Affairs and Bureau of Indian Education, Operation of Indian
Programs'' earlier in this explanatory statement. The Service
is directed to follow the instructions therein. The Service
is further directed to submit an operating plan to the
Committees within 30 days of enactment of this Act displaying
funding allocations to the activity level.
Staffing costs for new and expanded health care
facilities.--The agreement includes funding for staffing
costs for new and expanded health care facilities. Funds are
limited to facilities funded through the Health Care
Facilities Construction Priority System or the Joint Venture
Construction Program that are newly opened in fiscal year
2013 or that open in fiscal year 2014. None of the funds may
be allocated to a facility until such facility has achieved
beneficial occupancy status.
Dental Health.--The agreement includes funding for the
early childhood caries initiative. The Service is encouraged
to work with the Bureau of Indian Education (BIE) and to
consult with Tribes about increasing preventive dental care
for children by bringing dentists and hygienists into BIE
schools. The Service should continue to make significant
strides towards completion of electronic dental records. The
Service is encouraged to explore establishing a centralized
credentialing system to address workforce needs similar to
those of the Departments of Defense and Veterans Affairs, to
consider a pilot program for the credentialing of dentists,
and to propose funding for fiscal year 2015.
Urban Indian Health.--The Committees continue to support
grants for urban Indian health in light of the disparity in
health funding for urban Indians.
Coordinated health care for American Indian and Alaska
Native veterans.--The Department of Veterans Affairs (VA) and
the Indian Health Service have developed mechanisms to
implement and monitor their memorandum of understanding (MOU)
regarding the provision of health care to Native American
veterans. However, the Government Accountability Office (GAO)
reported that the performance metrics developed to assess the
MOU's implementation could limit the ability of VA and
Service managers to gauge progress and make decisions
relating to the expansion or modification of their programs
and activities. Both agencies are encouraged to implement the
recommendations contained in the GAO report to the extent
possible and provide the Committees with an update by March
1, 2014.
INDIAN HEALTH FACILITIES
The bill provides $451,673,000 for Indian Health
Facilities. In addition to the funding allocation table at
the end of this explanatory statement, the agreement includes
the following instruction:
Staffing of New Facilities.--The agreement includes funding
for staffing costs for new and expanded health care
facilities. The stipulations included in the `Indian Health
Services' account regarding the allocation of funds for the
staffing of new facilities pertain to the funds in this
account as well.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The bill provides $77,349,000 for the National Institute of
Environmental Health Sciences (NIEHS). The Committees direct
NIEHS to explore the feasibility of incorporating a nominal
fee to recoup administrative or other costs associated with
the worker training program. NIEHS should include a report
that summarizes findings and recommendations with the fiscal
year 2016 budget request.
[[Page H982]]
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The bill provides $74,691,000 for the Agency for Toxic
Substances and Disease Registry.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND
OFFICE OF ENVIRONMENTAL QUALITY
The bill provides $3,000,000 for the Council on
Environmental Quality and Office of Environmental Quality.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
The bill provides $11,000,000 for the Chemical Safety and
Hazard Investigation Board (CSB). The Committees are hopeful
that the recent Presidential Executive Order on chemical
safety and security will lead to better coordination among
the CSB and other agencies in preventing and responding to
chemical incidents. The Committees encourage the CSB to work
with the authorizing committees on any additional legislative
authority needed to effectively carry out its mission.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $7,341,000 for the Office of Navajo and
Hopi Indian Relocation (ONHIR). The Committees note with
concern that less than half ($2,600,000) of the
Administration's proposal for fiscal year 2014 is for new
relocations, despite a long backlog of waiting families. Thus
the agreement includes new bill language transferring funds
to the Department of the Interior's Office of Inspector
General to audit and investigate ONHIR's operations.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
PAYMENT TO THE INSTITUTE
The bill provides $9,369,000 for the Institute of American
Indian and Alaska Native Culture and Arts Development.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
The bill provides a total of $805,000,000 for all
Smithsonian Institution accounts, of which $647,000,000 is
provided for salaries and expenses. The Committees support
the Smithsonian Latino Center's goal of promoting the
inclusion of Latino contributions in Smithsonian Institution
programs, exhibitions, collections, and public outreach. The
Committees urge greater collaboration between the Smithsonian
Latino Center and appropriate Federal and local organizations
in order to advance these goals. No funds have been provided
for the Smithsonian's participation in the Administration's
Science, Technology, Engineering and Mathematics (STEM)
initiative. The work of the Smithsonian by its very nature
supports the STEM initiative. Future STEM proposals that
bolster existing Smithsonian programs and outreach activities
would be welcomed. The Smithsonian is directed to submit a
report to the Committees that describes the achievements and
challenges of its Asian Pacific American Center. The report
should describe the progress the Center has made in
developing partnerships that could establish a physical
presence beyond the Washington, DC area and expand the
Smithsonian's collections, exhibitions, outreach, and
education efforts in a cost-effective manner.
FACILITIES CAPITAL
The bill provides $158,000,000 for the Facilities Capital
account, of which $55,000,000 is to continue the construction
of the National Museum of African American History and
Culture (NMAAHC).
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
The bill provides $118,000,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,533,000 is for the special exhibition program.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
The bill provides $15,000,000 for the Repair, Restoration
and Renovation of Buildings account. Within the funds
provided, the Gallery is directed to address the highest
priority needs relating to critical fire safety and life
safety improvements in accordance with the Master Facilities
Plan.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
The bill provides $22,193,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $12,205,000 for the Capital Repair and
Restoration account.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
The bill provides $10,500,000 for the Woodrow Wilson
International Center for Scholars.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
The bill provides $146,021,000 for the National Endowment
for the Arts (NEA). The Committees urge the NEA to work
constructively with States in developing and implementing
arts education programs and priorities. The Committees
commend the NEA for its collaboration with the Walter Reed
National Military Center in creating the NEA/Walter Reed
Healing Arts Partnership. The Committees direct that priority
be given to providing services and grant funding for
projects, productions, or programs that encourage public
knowledge, education, understanding, and appreciation of the
arts. Any reduction in support to the States for arts
education should be no more than proportional to other
funding decreases taken in other NEA programs. Reforms
originally instituted by the Committees in Public Law 108-447
relating to grant guidelines and program priorities are fully
restated in Sections 414 and 415 of Title IV General
Provisions. These reforms maintain broad bipartisan support
and the Committees expect the NEA to adhere to them fully.
The Committees have also included bill language in Title IV
General Provisions addressing grant award matching
requirements and waiver procedures.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
The bill provides $146,021,000 for the National Endowment
for the Humanities (NEH). The Committees commend the NEH
Federal/State partnership for its ongoing, successful
collaboration with State humanities councils in each of the
50 States as well as Washington, DC, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
The bill provides $2,396,000 for the Commission of Fine
Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The bill provides $2,000,000 for the National Capital Arts
and Cultural Affairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The bill provides $6,531,000 for the Advisory Council on
Historic Preservation. Although the Council has made
significant efforts to work with the United States Postal
Service (USPS) for almost two years to develop a consistent,
transparent, and consultative process to preserve historic
post offices, no comprehensive process has been developed. In
light of this, the Committees direct the Council to provide,
within 90 days of enactment of this Act, a report on how the
Council will ensure compliance by the USPS of Section 106
responsibilities for these historic properties.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
The bill provides $8,084,000 for the National Capital
Planning Commission.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
The bill provides $52,385,000 for the United States
Holocaust Memorial Museum.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
The bill provides $1,000,000 for the Salaries and Expenses
account. The Committees urge the Commission to work with all
constituencies--including Congress and the Eisenhower
family--as partners in the planning and design process. In
order for the Committees to remain informed as to the status
of fund raising efforts, the Commission is directed to
include a table in its fiscal year 2015 congressional
justification providing the total amount of private (non-
Federal) contributions to date, and the total obligations and
total expenditures of those funds. The agreement includes in
Section 437 of Title IV General Provisions bill language
contained in the Continuing Appropriations Act, 2014 (PL 113-
46).
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions in
Title IV of the bill. A number of these provisions have been
carried in previous years and others are newly proposed this
year. The provisions are:
Section 401 continues a provision providing for public
availability of information on consulting service contracts.
Section 402 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 403 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 404 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 405 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 406 continues a provision regarding the payment of
contract support costs.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
[[Page H983]]
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaska western red and yellow cedar.
Section 411 extends certain authorities through fiscal year
2015 allowing the Forest Service and Department of the
Interior to renew grazing permits.
Section 412 continues a provision which prohibits no-bid
contracts.
Section 413 continues a provision which requires public
disclosure of certain reports.
Section 414 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 415 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 416 provides guidelines relating to National
Endowment for the Arts grant awards to States.
Section 417 extends the Colorado Good Neighbor authority to
all western States.
Section 418 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 419 requires the President to submit a report to
the Committees on Appropriations no later than 120 days after
submission of the fiscal year 2015 budget request describing
Federal agency obligations and expenditures for climate
change programs in fiscal years 2013 and 2014.
Section 420 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 421 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 422 prohibits funds from being used to enter into
contracts or agreements with any corporation where the agency
is aware of a conviction of a felony under any Federal law
within the preceding 24 months.
Section 423 prohibits funds for contracts or agreements
with any corporation where the agency is aware of any unpaid
Federal tax liability that is not being paid in a timely
manner pursuant to a payment agreement.
Section 424 continues current authorities for operations of
Indian Health Service programs in Alaska.
Section 425 extends Forest Service cost recovery and
rights-of-way authorities.
Section 426 allows interpretive associations to partner
with the Forest Service.
Section 427 continues a provision through fiscal year 2015
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 428 extends the authorization for the Chesapeake
Bay Initiative.
Section 429 extends the authorization for American
Battlefield Protection program grants.
Section 430 modifies the authorities made available to the
Secretary of the Interior and the Chief of the Forest Service
to conduct joint programs under the Service First initiative
to promote customer service and efficiency.
Section 431 clarifies current Appeals Reform Act
requirements for Forest Service activities.
Section 432 extends the Forest Service forest botanical
products authority.
Section 433 extends the Forest Service's authority to
collect marina fees within Shasta-Trinity National Forest.
Section 434 extends the Forest Service's authorities to
enter into stewardship end result contracting projects.
Section 435 codifies Forest Service policy related to
mining access in Region 10.
Section 436 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 437 modifies authorities relating to the Dwight D.
Eisenhower Memorial Commission.
[[Page H984]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.376
[[Page H985]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.377
[[Page H986]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.378
[[Page H987]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.379
[[Page H988]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.380
[[Page H989]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.381
[[Page H990]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.382
[[Page H991]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.383
[[Page H992]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.384
[[Page H993]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.385
[[Page H994]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.386
[[Page H995]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.387
[[Page H996]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.388
[[Page H997]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.389
[[Page H998]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.390
[[Page H999]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.391
[[Page H1000]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.392
[[Page H1001]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.393
[[Page H1002]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.394
[[Page H1003]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.395
[[Page H1004]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.396
[[Page H1005]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.397
[[Page H1006]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.398
[[Page H1007]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.399
[[Page H1008]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.400
[[Page H1009]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.401
[[Page H1010]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.402
[[Page H1011]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.403
[[Page H1012]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.404
[[Page H1013]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.405
[[Page H1014]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.406
[[Page H1015]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.407
[[Page H1016]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.408
[[Page H1017]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.409
[[Page H1018]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.410
[[Page H1019]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.411
[[Page H1020]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.412
[[Page H1021]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.413
[[Page H1022]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.414
[[Page H1023]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.415
[[Page H1024]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.416
[[Page H1025]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.417
[[Page H1026]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.418
[[Page H1027]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.419
[[Page H1028]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.420
[[Page H1029]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.421
[[Page H1030]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.422
[[Page H1031]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.423
[[Page H1032]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.424
[[Page H1033]]
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2014, put
in place by this division incorporates the following
agreements. Funds for the individual programs and activities
within the accounts in this division are displayed in the
detailed table at the end of the explanatory statement for
this division. Funding levels that are not displayed in the
detailed table are identified within this explanatory
statement.
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions
set forth in Senate Report 113-71 accompanying the bill, S.
1284, unless specifically addressed in this statement. In
cases where the language and instructions in the Senate
report specifically address the allocation of funds, each has
been reviewed and those that are jointly concurred on have
been endorsed in this statement.
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement modifies a provision increasing the amount of
Workforce Investment Act (WIA) State grant funding that may
be set aside by Governors to 8.75 percent to support
statewide and regional projects. The agreement is supportive
of Governors' Reserve funding being used to support on-the-
job and incumbent training to improve the skills of workers,
avert layoffs, or lead to employment in in-demand occupations
or industries.
OFFICE OF JOB CORPS
Contracts provided for the operation and maintenance of Job
Corps facilities are generally let on a two-year basis, with
as many as three option years depending on the quality of
performance. When evaluating contract renewals or re-bids,
due consideration should be provided to the federal
investment already made in high-performing incumbent
contractors as a part of a full, fair, and open competitive
process. As part of this process, the Department of Labor
(DOL) should consider documented past performance of student
outcomes and cost-effective administration as important
factors in Job Corps procurements.
The agreement recognizes that construction on a new Job
Corps center will be substantially completed in December 2014
and provides sufficient funds to ensure that competitively
awarded contracts will be in place to keep the process of
opening the new center on course.
The agreement includes increased funding for Job Corps
Administration to strengthen financial management, oversight,
and monitoring of the program.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
To the extent that funds not needed for workload become
available at the end of the fiscal year, the Department is
encouraged to make funding available to States for program
integrity, performance improvement, and technology
investments, with a portion of funds not needed for workload
to be distributed to all States proportionally based on each
State's base allocation.
Occupational Safety and Health Administration
The bill continues the exemption of small farming
operations from Occupational Safety and Health Administration
(OSHA) regulation. The OSHA is encouraged to work with the
Department of Agriculture before moving forward with any
attempts to redefine and regulate post-harvest activities, to
include, but not limited to, storing, drying, grinding, and
other activities necessary to market farm products to
subsequent users in the agricultural value chain, and clarify
that this exemption shall apply to on farm post-harvest
activities.
Mine Safety and Health Administration
The agreement includes new language setting aside not less
than $8,441,000 for State assistance grants and modifies
language relating to the Mine Safety and Health
Administration (MSHA)'s existing authority to collect certain
fees. The agreement also includes new language relating to
relocation of the Office of the Solicitor.
Coal production within the United States has shifted across
regions. Unfortunately, mine inspectors are not always
distributed in a manner that keeps pace with existing mining
activity needs. Certain areas of the country in which mines
have closed may have the same number of inspectors that
existed when all mines were operational, while some areas
opening new mining operations may not have appropriate
coverage. MSHA should do a better job in allocating mining
inspectors in proportion to the actual mining activity and
need occurring in various regions. While MSHA has taken
initial steps to address this discrepancy, in part to address
a coming retirement wave of inspectors, MSHA is directed to
accelerate these efforts to better align enforcement
resources with current mining activity and workload demand
across regions.
The Government Accountability Office (GAO) is currently
conducting a study to examine existing technological options
for reducing coal mine dust and the costs, advantages and
disadvantages of various methods for reducing the
concentration of dust in coal mines. The MSHA is directed to
provide to GAO any information or assistance requested in
connection with this study. In addition, MSHA should take any
pertinent information from GAO into account in developing the
rule now under consideration regardinglowering miners'
exposure to coal dust, to the extent that GAO completes its
work before the rule is finalized. In any event, MSHA should
take into consideration all relevant information and
conclusions from the GAO study when addressing compliance
assistance, training, or post-implementation needs in
connection with any such rule. The MSHA is further directed
to consider the feasibility of all available technologies and
work practices that would allow mine operators to comply with
the rule in a manner that is not economically prohibitive for
the long-term viability of the affected mines, while reducing
miners' exposure to respirable mine dust.
Bureau of Labor Statistics
The data produced through National Longitudinal Surveys of
Labor Market Experience (NLS) are an essential source for
both long-term and ongoing analysis of the economic health of
America and are an invaluable resource for Congress and the
public and private sectors, especially during these times of
economic uncertainty. As such, the bill provides sufficient
funding necessary to ensure that the frequency of NLS data
collection occurs not less than biennially.
Within available resources, the Bureau of Labor Statistics
is encouraged to add an annual supplement to the Current
Population Survey, including contingent work and alternative
work arrangements, as proposed in the budget request.
Departmental Management
Within available resources, agencies of DOL should take
steps to improve the quality of information on workplace
safety violations, including steps to clearly and correctly
identify entities that are penalized for any type of
violation of federal labor laws. These improvements could
assist federal contracting officers with using accurate data
to determine whether or not a prospective contractor has a
record of compliance with federal labor law.
VETERANS EMPLOYMENT AND TRAINING
The agreement modifies language relating to Veterans
Employment and Training specifying amounts for various
activities within this account.
A September 2013 GAO report highlighted that the Department
has yet to implement fully the recommendations in its October
2010 report assessing the employment needs of Native American
veterans living on tribal lands, including Indian
reservations, Alaska Native villages, and Hawaiian Home
Lands. The agreement directs the Secretary to submit a report
to the House and Senate Appropriations Committees by June 30,
2014 that includes a strategy to implement the October 2010
report's recommendations, including goals, benchmarks, costs,
and time frames. If recommendations are disputed by the
Department, the Committee requests the report include
information on why the recommendations cannot be implemented.
The agreement encourages the Department to continue to work
with the Departments of Defense and Veterans Affairs and
other agencies to develop or obtain data to assess the
employment needs of Native American veterans returning to
live on tribal lands.
General Provisions
H1-B VISA PROGRAM
The bill modifies a provision related to the H-1B visa
program.
TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE
The bill modifies a provision providing the Employment and
Training Administration with authority to transfer funds
provided for technical assistance services to grantees to
program administration, so that it does not apply to section
173A(f)(2) of the WIA.
TRANSFER AUTHORITY FOR EVALUATION PURPOSES
The bill modifies a provision that allows up to 0.5 percent
of discretionary appropriations provided in this act for all
DOL agencies to be used by the Chief Evaluation Office for
evaluation purposes consistent with the terms and conditions
in this act applicable to such office.
TRADE ADJUSTMENT ASSISTANCE COMMUNITY COLLEGE AND CAREER TRAINING GRANT
PROGRAM
The bill includes a new provision allowing the Secretary to
reserve up to three percent of funds provided for the Trade
Adjustment Assistance Community College and Career Training
Grant program to be used for evaluation and technical
assistance purposes and to allow grantees to award subgrants.
WAGE AND HOUR SALARY CAP
The bill includes a new provision adjusting the salary
level for the Administrator of the Wage and Hour Division to
reflect a reorganization within the Department.
TEMPORARY NONIMMIGRANT VISA PROGRAMS
The bill includes a new provision related to the H-2A
temporary agricultural program. The bill also includes a
provision providing flexibility with respect to the crossing
of H-2B nonimmigrants working in the seafood industry.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
The agreement includes tables within and at the end of the
statement allocating funding for the programs, projects, and
activities
[[Page H1034]]
in this act. The agencies within this act are directed to
fully implement these allocations in accordance with the
statement, except as permitted by the reprogramming and
transfer authorities provided in this act. Any action to
eliminate or consolidate programs, projects, and activities
should be pursued through a proposal in the President's
budget so it can be considered by the Committees on
Appropriations.
The Department is directed to include in its fiscal year
2015 congressional budget justification the amount of expired
unobligated balances available for transfer to the
nonrecurring expenses fund (NEF) and the amount of any such
balances transferred to the NEF. This should include actual
or estimated amounts for the prior, current, and budget
years.
Health Resources and Services Administration
PRIMARY HEALTH CARE
Health Centers.--The agreement includes bill language to
require that, of all the funds provided for the Health Center
program, not less than $110,000,000 shall be obligated for
base grant adjustments to existing health centers and not
less than $350,000,000 shall be obligated for new access
points or expanded medical services. Bill language also
requires the aforementioned funding levels to be obligated by
October 1, 2014. Within the funds provided for Primary Health
Care, the agreement provides not less than the fiscal year
2013 level of funding for the Native Hawaiian Health Care
Program.
The Administrator is directed to provide a report within 60
days of enactment outlining the requirements for allowing
Community Health Centers to add a new or expand an existing
dental facility. This report should address all the factors
weighed in the grant making decision process and whether the
Health Resources and Services Administration (HRSA) considers
the number of private providers available to the population
of patients, particularly in rural areas, when evaluating a
grant applicant's certificate of need.
HEALTH WORKFORCE
Oral Health Training.--The agreement includes not less than
$8,000,000 for General Dentistry programs and not less than
$8,000,000 for Pediatric Dentistry programs. The agreement
includes bill language prohibiting health workforce funds to
be used for section 340G-1, the Alternative Dental Health
Care Providers Demonstration program.
Alzheimer Disease Outreach and Education.--Within the funds
provided for Geriatric Education programs, this agreement
includes $4,000,000 to train health professionals on issues
related to Alzheimer's disease. These funds will support
Geriatric Education Centers for outreach and education
efforts to enhance healthcare providers' knowledge of the
disease, improve detection and early intervention, and
improve care for people with Alzheimer's disease and their
caregivers.
Public Health and Preventive Medicine Training.--The
agreement includes not less than $2,500,000 for Public Health
Traineeships, not less than $3,813,000 for the Preventive
Medicine Residency Program and up to $9,864,000 for Public
Health Training Centers. In addition, the bill includes not
less than $2,000,000 for the Integrative Medicine Program for
a new competitive award to support a national center of
excellence on integrative primary care.
Mental and Behavioral Health.--The agreement provides
$7,916,000 for Mental and Behavioral Health programs and
intends not less than $1,000,000 of the increase over fiscal
year 2013 be used to continue and expand the Leadership
Training in Social Work program, formerly funded in the
Maternal Child Health Bureau of HRSA. The Bureau of Health
Professions is directed to work with the Maternal Child
Health Bureau to ensure a smooth transition for grantees.
Health Professions Training.--The Administrator of HRSA is
directed to provide a briefing to the House and Senate
Appropriations Committees within sixty days of enactment to
detail the health professions training resources currently
available to rural underserved areas with significant Native
American populations.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant.--The agreement
includes bill language setting aside $77,093,000 for Special
Projects of Regional and National Significance (SPRANS),
which is intended to include sufficient funding to continue
the set-asides for oral health, epilepsy, sickle cell, and
fetal alcohol syndrome at not less than fiscal year 2012
levels. The agreement also provides $546,632,000 for State
grants.
Heritable Disorders Program.--The agreement includes a
$2,000,000 increase to support wider implementation,
education, and awareness of newborn screening for Severe
Combined Immune Deficiency and related disorders.
RYAN WHITE HIV/AIDS PROGRAMS
The agreement intends that the increase provided for the
AIDS Drug Assistance Program be awarded according to the
statutory formula. The agreement directs HRSA to allocate
funds for the Minority AIDS Initiative within the Ryan White
HIV programs at not less than the fiscal year 2013 funding
level.
HEALTH CARE SYSTEMS
340B Drug Pricing Program.--The agreement provides
$6,000,000 to implement a new program integrity effort within
the 340B Drug Pricing Program. The Director of the 340B
Program is directed to brief the House and Senate
Appropriations Committees within 45 days of enactment
regarding the plans to strengthen program oversight to ensure
compliance with existing requirements. Further, the briefing
should address the timetable for issuing new regulations that
address compliance concerns raised by both the Office of
Inspector General and the Government Accountability Office.
The agreement includes bill language facilitating the
transfer of the Hansen's Disease programs to the Health Care
Systems Bureau.
RURAL HEALTH
The agreement includes sufficient funding to continue the
five key program areas identified in the President's budget:
outreach services grants, rural network development grants,
network planning grants, small healthcare provider quality
improvement grants, and the Delta States network grant
program.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
The agreement includes bill language transferring the
Health Education Assistance Loans Program to the Department
of Education.
Centers for Disease Control and Prevention
The agreement includes $5,807,120,000 in discretionary
appropriations for the Centers for Disease Control and
Prevention (CDC). In addition, $210,555,000 is made available
under section 241 of the Public Health Service (PHS) Act and
$831,300,000 in transfers from the Prevention and Public
Health (PPH) Fund.
Immunization and Respiratory Diseases
The agreement includes a total of $744,700,000 for
Immunization and Respiratory Diseases, which includes
$571,536,000 in discretionary appropriations, $12,864,000
that is made available under section 241 of the PHS Act, and
$160,300,000 that is made available from amounts in the PPH
Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
Budget Activity FY 2014 Agreement
------------------------------------------------------------------------
Section 317 Immunization Program..................... $588,000,000
National Immunization Survey..................... 12,864,000
Influenza Planning and Response...................... 156,700,000
------------------------------------------------------------------------
hiv/aids, viral hepatitis, sexually transmitted diseases and
tuberculosis prevention
The agreement includes $1,072,834,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases and Tuberculosis
Prevention, in discretionary appropriations.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............... $760,684,000
HIV Prevention by Health Departments................ 390,803,000
HIV Surveillance.................................... 115,766,000
Activities to Improve Program Effectiveness......... 94,946,000
National, Regional, Local, Community and Other 130,192,000
Organizations......................................
School Health....................................... 28,977,000
Viral Hepatitis......................................... 28,650,000
Sexually Transmitted Infections......................... 148,500,000
Tuberculosis............................................ 135,000,000
------------------------------------------------------------------------
emerging and zoonotic infectious diseases
The agreement includes $339,300,000 for Emerging and
Zoonotic Infectious Diseases, which includes $287,300,000 in
discretionary appropriations and $52,000,000 that is made
available from amounts in the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Emerging and Zoonotic core activities................... $18,800,000
Vector-borne Diseases................................... 22,000,000
Lyme Disease............................................ 9,000,000
Prion Disease........................................... 4,900,000
Chronic Fatigue Syndrome................................ 4,500,000
Emerging Infectious Diseases............................ 124,500,000
Food Safety............................................. 34,700,000
National Healthcare Safety Network...................... 14,150,000
Quarantine.............................................. 24,750,000
Advanced Molecular Detection............................ 30,000,000
Epidemiology and Lab Capacity program................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Advanced Molecular Detection.--The agreement provides
support for the Advanced Molecular Detection (AMD)
initiative. The CDC Director shall publish a 5-year AMD
implementation program plan that includes, at a minimum,
program metrics that track the initiative, track projected
cost savings, and track improved detection speed, savings,
and effectiveness as compared to the existing process.
Further, the plan shall describe how funds from the proposed
AMD State grants will be re-integrated into the ongoing
funding streams for laboratory services. A copy of the plan
shall be provided to the House and Senate Appropriations
Committees and the metrics should be reported in the annual
budget request.
Lyme Disease.--The agreement encourages CDC to consider
expanding activities related to developing sensitive and more
accurate diagnostic tools and tests for Lyme disease,
including the evaluation of emerging diagnostic methods and
improving utilization of adequate (validated) diagnostic
testing to account for the multiple clinical manifestations
of Lyme disease. CDC is further encouraged to expand its
epidemiological research activities on tick-borne diseases to
include an objective to determine the frequency and nature of
the possible long-term complications of Lyme disease and to
improve surveillance and reporting of Lyme
[[Page H1035]]
and other tick-borne diseases in order to produce more
accurate data on their incidence. Finally, the agreement
suggests that CDC evaluate the feasibility of developing a
national reporting system on Lyme disease, including
laboratory reporting and to expand prevention of Lyme and
tick-borne diseases through increased community-based public
education as well as physician and healthcare provider
programs based on the latest scientific research on the
diseases.
chronic disease prevention and health promotion
The agreement includes $1,157,650,000 for Chronic Disease
Prevention and Health Promotion, which includes $711,650,000
in discretionary appropriations, and $446,000,000 that is
made available from amounts in the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $205,000,000
Nutrition, Physical Activity, and Obesity............... 37,500,000
High Obesity Rate Counties.......................... 5,000,000
School Health........................................... 14,900,000
Food Allergies...................................... 486,000
Health Promotion........................................ 18,430,000
Community Health Promotion.......................... 5,800,000
Glaucoma............................................ 3,200,000
Visual Screening Education.......................... 485,000
Alzheimer's Disease................................. 3,300,000
Inflammatory Bowel Disease.......................... 680,000
Interstitial Cystitis............................... 650,000
Excessive Alcohol Use............................... 2,315,000
Chronic Kidney Disease.............................. 2,000,000
Prevention Research Centers............................. 25,000,000
Heart Disease and Stroke................................ 127,850,000
Diabetes................................................ 137,300,000
National Diabetes Prevention Program.................... 10,000,000
Cancer Prevention and Control........................... 343,120,000
Breast and Cervical Cancer.......................... 204,000,000
WISEWOMAN....................................... 20,500,000
Breast Cancer Awareness for Young Women............. 4,875,000
Cancer Registries................................... 48,200,000
Colorectal Cancer................................... 42,000,000
Comprehensive Cancer................................ 19,150,000
Johanna's Law....................................... 4,850,000
Ovarian Cancer...................................... 4,750,000
Prostate Cancer..................................... 12,750,000
Skin Cancer......................................... 2,075,000
Cancer Survivorship Resource Center................. 470,000
Oral Health............................................. 14,750,000
Safe Motherhood/Infant Health........................... 42,000,000
Arthritis............................................... 12,550,000
Epilepsy................................................ 7,750,000
National Lupus Patient Registry......................... 5,500,000
REACH................................................... 50,000,000
Community Prevention Grants............................. 80,000,000
Million Hearts.......................................... 4,000,000
Workplace Wellness...................................... 10,000,000
National Early Child Care Collaboratives................ 4,000,000
Hospitals Promoting Breastfeeding....................... 8,000,000
------------------------------------------------------------------------
Cancer Proportionality.--The agreement does not include
additional flexibility in the cancer screening programs of
CDC. The CDC director is directed to survey State health
departments to determine how many States would use
flexibility if it were provided. The results of that survey
shall be transmitted to the House and Senate Appropriations
Committees.
Community Prevention Grants.--The agreement includes bill
language for a new initiative to prevent chronic diseases and
reduce their impact by awarding three year grants to
community coalitions that include businesses, schools, and
non-profit organizations.
Consolidated Chronic Disease Prevention and Health
Promotion.--The CDC is encouraged to continue its efforts to
coordinate grant requirements in ways that increase
efficiency at the State and local level. The agreement
continues to reject the consolidation of CDC chronic disease
programs and expects CDC to demonstrate that funds are spent
in the exact amounts allocated and for the purposes specified
in this statement. The CDC shall ensure any efforts to
consolidate include an audit trail, measureable outcomes,
monitoring and coordination to all support the funding
allocations provided herein.
Diabetes/Heart Disease.--The agreement includes a
significant increase for grants to States in these programs.
The CDC is urged to put procedures in place to ensure that
some portion of the increase in funding is sub-granted to the
local level.
Johanna's Law.--Within the funds provided for Johanna's
Law, up to $1,000,000 shall be used for a review of the state
of the science on ovarian cancer as described in Senate
Report 113-71.
Obesity Outreach.--While some indicators show that slight
drops in obesity rates have occurred recently, concern
remains that too little is occurring in the areas with the
highest obesity rates, particularly in rural areas. For that
reason, $5,000,000 in competitive funding is provided to
conduct pilot programs that focus on the use of existing
extension and outreach services in the counties with the
highest prevalence of obesity. All counties with an obesity
prevalence of over 40 percent, as determined by CDC's latest
county level data in the Behavioral Risk Factor Surveillance
System, shall be eligible to participate in this extension
and outreach program.
REACH.--The CDC is directed to award all increased funds
under the terms and conditions by which the funds were
awarded prior to fiscal year 2012.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement includes $122,435,000 for Birth Defects and
Developmental Disabilities.
Within the total for Birth Defects and Developmental
Disabilities, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................ $59,450,000
Birth Defects....................................... 17,700,000
Fetal Death......................................... 810,000
Fetal Alcohol Syndrome.............................. 9,700,000
Folic Acid.......................................... 2,800,000
Infant Health....................................... 7,750,000
Autism.............................................. 21,500,000
Health and Development for People with Disabilities..... 49,985,000
Disability & Health................................. 18,100,000
Limb Loss........................................... 2,700,000
Tourette Syndrome................................... 1,610,000
Early Hearing Detection and Intervention............ 10,250,000
Muscular Dystrophy.................................. 5,600,000
Attention Deficit Hyperactivity Disorder............ 1,700,000
Fragile X........................................... 1,625,000
Spina Bifida........................................ 5,500,000
Congenital Heart Failure............................ 2,900,000
Public Health Approach to Blood Disorders............... 4,000,000
Hemophilia CDC Activities............................... 2,000,000
Hemophilia Treatment Centers............................ 5,000,000
Thallasemia............................................. 2,000,000
------------------------------------------------------------------------
Congenital Heart Defects.--The agreement includes funding
to collect and analyze data as described in Senate Report
113-71.
Duchenne Muscular Dystrophy (DMD).--The CDC is urged to
conduct a joint review with the National Institutes of Health
(NIH) to improve NIH's ability to leverage research in this
area.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement includes a total of $432,870,000 for Public
Health Scientific Services, which includes $347,179,000 in
discretionary appropriations and $85,691,000 that is made
available under section 241 of the PHS Act.
Within the total for Public Health Scientific Services, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $140,000,000
Surveillance, Epidemiology, and Informatics............. 247,000,000
Public Health Workforce................................. 45,870,000
------------------------------------------------------------------------
ENVIRONMENTAL HEALTH
The agreement includes $160,555,000 for Environmental
Health programs, which includes $147,555,000 in discretionary
appropriations, and $13,000,000 that is made available from
amounts in the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $48,200,000
Newborn Screening Quality Assurance Program......... 7,000,000
Newborn Screening/Severe Combined Immuno-deficiency 1,000,000
Diseases...........................................
Environmental Health Activities......................... 37,655,000
Environmental Health Activities..................... 14,950,000
Safe Water.......................................... 7,000,000
Amyotrophic Lateral Sclerosis Registry.............. 6,500,000
Built Environment & Health Initiative............... 2,250,000
Climate Change...................................... 6,955,000
Environmental and Health Outcome Tracking Network....... 35,000,000
Asthma.................................................. 24,700,000
Childhood Lead Poisoning................................ 15,000,000
------------------------------------------------------------------------
Environmental Lab.--The agreement includes $4,200,000 to
develop standardized cardiovascular disease biomarkers as
described in Senate Report 113-71.
INJURY PREVENTION AND CONTROL
The agreement includes $142,311,000 for Injury Prevention
and Control activities.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Intentional Injury...................................... $87,400,000
Domestic Violence and Sexual Violence............... 30,000,000
Child Maltreatment.................................. 6,650,000
Youth Violence Prevention........................... 14,200,000
Domestic Violence Community Projects................ 5,200,000
Rape Prevention..................................... 38,000,000
National Violent Death Reporting System................. 11,200,000
Unintentional Injury.................................... 7,756,000
Traumatic Brain Injury.............................. 5,900,000
Elderly Falls....................................... 1,856,000
Injury Prevention Activities............................ 26,500,000
Injury Control Research Centers......................... 9,455,000
------------------------------------------------------------------------
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The agreement includes a total of $292,300,000 for the
National Institute for Occupational Safety and Health
(NIOSH), which includes $180,300,000 in discretionary
appropriations and $112,000,000 made available under section
241 of the PHS Act.
Within the total for NIOSH, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $112,000,000
Agriculture, Forestry, Fishing...................... 24,000,000
Education and Research Centers.......................... 27,000,000
Healthier Workforce Centers............................. 4,800,000
Mining Research......................................... 52,000,000
Other Occupational Safety and Health Research........... 96,500,000
Personal Protective Technology...................... 16,000,000
Miners Choice....................................... 700,000
National Mesothelioma Registry and Tissue Bank.......... 1,100,000
------------------------------------------------------------------------
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
The agreement includes $55,358,000 in mandatory funding for
CDC's responsibilities with respect to the Energy Employee
Occupational Illness Compensation Program. The agreement
deletes without prejudice a long standing provision
transferring funds to the Advisory Board on Radiation and
Worker Health as it is understood that CDC has the authority
to transfer funds to the Board under the authorizing statute.
GLOBAL HEALTH
The agreement includes $383,000,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
[[Page H1036]]
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $114,250,000
Global Immunization Program............................. 193,250,000
Polio Eradication................................... 146,000,000
Measles and Other Vaccine Preventable Diseases...... 47,250,000
Global Disease Detection and Emergency Response......... 40,000,000
Parasitic Diseases/Malaria.............................. 19,000,000
Global Public Health Capacity........................... 16,500,000
National Public Health Institutes....................... 7,500,000
------------------------------------------------------------------------
Global Health Strategy.--The CDC's Global Health program is
expected to take the lead for a CDC, Food and Drug
Administration, and NIH joint plan. The agencies are expected
to jointly develop, coordinate, plan, and prioritize global
health research activities with specific measurable metrics
and to track the progress toward agreed upon global health
goals that are based on sound scientific methods.
National Public Health Institutes (NPHIs).--The agreement
includes $7,500,000 to assist other nations in setting up and
strengthening NPHIs. The agreement intends this initiative to
be an organizational effort, and in no way limit capacity
building work in other programs of CDC.
Polio Eradication.--The agreement includes an additional
investment in the global eradication of polio. Since the
worldwide investment ramped up in 1991, over $1,700,000,000
has been appropriated to the Department for this effort.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement includes $1,323,450,000 for public health
preparedness and response activities.
Within the total for Public Health Preparedness and
Response, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $640,000,000
Agreements.............................................
Academic Centers for Public Health Preparedness......... 8,000,000
All Other State and Local Capacity...................... 7,750,000
CDC Preparedness and Response........................... 132,700,000
BioSense................................................ 19,700,000
Strategic National Stockpile............................ 535,000,000
------------------------------------------------------------------------
Public Health Emergency Preparedness Index.--The CDC should
continue to coordinate with other federal agencies on the
index and provide an update in the fiscal year 2015 budget
request on the index, timeline to implement, and how the tool
will be used for future budget requests to identify needs for
public health emergency preparedness and the strategic
national stockpile.
Strategic National Stockpile (SNS).--The agreement directs
CDC to initiate a comprehensive Institute of Medicine (IOM)
evaluation of the SNS distribution system that compares the
current design to methods used by other federally supported
stockpiles (at a minimum comparing methods used by Department
of Veterans Affairs and Department of Defense), and to make
recommendations to improve the efficiency, effectiveness, and
methods used by HHS to ensure the SNS distribution chain of
custody, warm distribution, and other related issues are the
most effective and efficient to support measurable SNS goals
and objectives. The IOM review should also explore how CDC
can undertake public-private collaborations in the purchase,
warehousing, management and distribution of countermeasures
to increase efficiencies and faster dispensing of medications
during times of need. The CDC is encouraged to establish
periodic program evaluations conducted by outside
organizations like IOM to provide on-going expert third party
recommendations for this critical program. The agreement
urges CDC to verify that procedures are in place to ensure
that adequate supplies of medications for children are part
of its ongoing stewardship of the SNS.
CDC-WIDE ACTIVITIES
The agreement includes $677,570,000 for CDC-wide
activities, which includes $517,570,000 in discretionary
appropriations and $160,000,000 made available through the
PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2014
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health & Health Services Block Grant......... $160,000,000
Business Services Support/Working Capital Fund.......... 380,000,000
Buildings and Facilities................................ 24,000,000
Public Health Leadership and Support.................... 113,570,000
------------------------------------------------------------------------
Budget Information.--The agreement recognizes CDC's value
to public health and preparedness and strongly supports
budget processes that link programs and activities to
measurable public health and preparedness goals. The
agreement directs CDC to explain in the congressional budget
request how sound scientific data are linked to measurable
public health and preparedness goals and objectives for each
program, and how those goals directly relate to the budget
request. In addition, the agreement directs CDC to provide
the following information in the fiscal year 2015 and future
budget requests:
Program evaluations.--An identification of the timeframes
and criteria used to evaluate each program;
User fee, reimbursement, and other sources of funding.--An
itemization of the actual and estimated collections for each
activity and the actual annual costs related to each
associated user fee, reimbursement, and other funding sources
used to support CDC activities;
Accounting.--A more detailed accounting of how funds are
spent in each program. The budget justification should not
only be an accounting of how funds will be spent in the
coming fiscal year, but also how funds have been spent in the
previous fiscal years, potentially under different budget
structures or organizations;
Types of activities supported.--The breakdown of intramural
and extramural funding for each program; and
Working Capital Fund (WCF).--The object class breakout of
annual WCF resource inputs, assets, expenditures, carryover,
WCF-supported full-time equivalents, WCF-supported contract
full-time equivalents, and WCF-supported overhead for the
prior year actual, current year, and budget year at each
Center, Institute, or Office, in addition to the CDC
aggregate levels. The budget justification should include the
projected and actual reserve with a breakout justification to
explain the projected use and identification of any reserve
and residual funds for the prior year actual, current year,
and budget year estimates. Further, the CDC is directed to
provide a joint briefing to the House and Senate
Appropriations Committees no later than July 15, 2014 on the
WCF governance structure and rules in place to ensure
appropriate activity and accounting.
Repairs and Improvements.--The categorization of the needed
repairs for CDC facilities in areas such as security, life/
safety repairs, condition index, and other repairs.
CDC Director's Discretionary Fund.--The CDC Director shall
provide timely quarterly reports on all obligations made with
the Director's Discretionary Fund to the House and Senate
Appropriations Committees.
Community Preventive Task Force.--Within 90 days of
enactment, CDC shall provide the House and Senate
Appropriations Committees a comprehensive report on the
funding and program activities of the Community Preventive
Task Force, including 1) annual budgets and funding sources
for the previous five fiscal years; 2) details on the
procedures and personnel involved in budget allocation, grant
selection, and evaluation methods; 3) a list of all grant
recipients from the previous five fiscal years; and 4) funded
activities related to dissemination of the Community Guide.
Data Reporting.--The agreement notes that significant
opportunities exist to create administrative and economic
efficiencies in the reporting of public health data. For that
reason, the Director of CDC is directed to work with State
and local health officials to submit a report to the House
and Senate Appropriations Committees no later than 180 days
after enactment of this act on the opportunities for
consolidating the various data collection systems in CDC. The
report should include the opportunities and costs, advantages
and barriers, and projected timeline to such a consolidated
data reporting system, along with recommendations for
adoption. The report should include full consideration of a
single Web-based data collection information technology
platform.
Scientific Research Coordination with NIH.--The CDC
programs are directed to actively coordinate with the
Institutes and Centers of the NIH to identify scientific gaps
to accelerate understanding of diseases and their prevention
knowledge across NIH and CDC research portfolios.
Underground and Surface Coal Mining Facilities.--It is
vital to ensure good stewardship of public resources,
especially buildings and facilities that provide vital
research for the nation. It is understood that the
underground and surface coal mining research facilities are
aging. The Director of CDC shall develop a report evaluating
options for the future of their coal mining research
facilities within 180 days of enactment. The report should
consider consolidation, making better use of National
Institute of Occupational Safety and Health-owned properties
that are under-utilized, and other similar measures to reduce
operational costs and improve productivity. Further, the
report shall provide an update on the steps CDC has taken and
a timeline to ensure the research capability lost from the
now closed Lake Lynn facility will be relocated to ensure the
full level of mine safety research is quickly restored.
National Institutes of Health
The National Institutes of Health (NIH) receives a total of
$29,926,104,000 in this agreement. Within this total,
increases are generally distributed proportionately among NIH
Institutes and Centers (ICs). Additional amounts have been
added to the National Institute on Aging (NIA), in
recognition of the Alzheimer's disease research initiative
throughout NIH, and several institutes have received funding
in anticipation of research in connection with the Brain
Research through Application of Innovative Neurotechnologies
(BRAIN) initiative.
Further, within the National Institute of General Medical
Sciences (NIGMS) $273,325,000 is allocated for the
Institutional Development Awards (IDeA) program. Amounts have
also been added to the National Center for Advancing
Translational Sciences (NCATS) to reflect movement of
programs from the Common Fund to that center and to
consolidate all support for the Clinical and Translational
Science Awards (CTSA) program in NCATS rather than continuing
to have part of the core funding provided through other ICs.
[[Page H1037]]
In accordance with longstanding tradition, funding is not
directed to any specific disease research area. The NIH is
expected to base its funding decisions only on scientific
opportunities and the peer review process.
The NIH is further expected to adopt a reasonable NIH-wide
policy for non-competing and competing inflation rates that
is consistent with the overall funding increase. Further, NIH
is expected to support as many scientifically meritorious new
and competing research project grants as possible, at a
reasonable award level.
All NIH ICs are expected to continue to support the
Pathways to Independence program, which provides new
investigators with mentored grants that later convert into
independent research project grants. In addition, the House
and Senate Appropriations Committees continue to support New
Innovator Awards, Director's Pioneer Awards, and the
Transformative R01 Program through the Common Fund. The NIH
is directed to provide inflationary increases to research
training stipends that are not below the federal pay policy.
The Office of the Director (OD) shall ensure the programs and
offices within OD receive increases proportional to the
overall increase, unless otherwise specified. The NIH
Director shall provide timely quarterly reports on all
obligations made with the NIH Director's Discretionary Fund
to the House and Senate Appropriations Committees and any
other appropriate committees.
It is recognized that NIH's Intramural program is subject
to fixed cost increases, such as a federal pay raise.
However, NIH is expected to ensure that the proportion of
resources shifted out of the extramural program to
intramural, outside of the recognized fixed costs, are based
on specific scientific criteria and include advanced
consultation with the extramural community. Further, NIH is
directed to continue to provide notifications of adjustment
to the NIH mechanism tables.
Accelerating Commercialization of Therapies to Patients.--
The NIH shall provide an update in the fiscal year 2015
budget request on the models and next steps that resulted
from the trans-NIH workshop with key research organizations,
venture capitalists, pharmaceutical firms, Patent and
Trademark Office, and Food and Drug Administration, which was
held to examine ways to work together and foster private
sector drug development. The update should identify how
market risk and commercial viability criteria are factored
into the NIH decisions to create or select projects within
its drug repurposing and de-risking activity.
Administrative Burden Reduction Workgroup.--The Director of
NIH should establish a workgroup that includes coordination
and participation of universities, not-for-profits, and
institutes receiving support from the NIH to develop a method
to track and measure the administrative burden on entities
participating in NIH supported activities with the goal of
developing a plan to reduce such administrative burden as
practicable.
Alzheimer's Disease.--The fiscal year 2014 budget request
calls for a $80,000,000 increase over the fiscal year 2012
funding level for Alzheimer's disease research at NIA. In
keeping with longstanding practice, the House and Senate
Appropriations Committees do not recommend a specific amount
of NIH funding for this purpose or for any other individual
disease. Doing so would establish a dangerous precedent that
could politicize the NIH peer review system. Nevertheless, in
recognition that Alzheimer's disease poses a serious threat
to the Nation's long-term health and economic stability, the
agreement expects that a significant portion of the
recommended increase for NIA should be directed to research
on Alzheimer's. The exact amount should be determined by the
scientific opportunity of additional research on this disease
and the quality of grant applications that are submitted for
Alzheimer's relative to those submitted for other diseases.
The NIA is encouraged to continue addressing the research
goals set forth in the National Plan to Address Alzheimer's
Disease, as well as the recommendations from the Alzheimer's
Disease Research Summit in 2012. In addition, NIH is urged to
take advantage of existing well-characterized, longitudinal,
population-based cohort studies to provide new insights into
risk factors and protective factors related to cognitive
decline and dementia. The NIH is encouraged to support
additional research in minority populations that are at
particularly high risk for cognitive decline and dementia.
Basic Biomedical Research.--The NIH is expected to maintain
funding support for basic biomedical research. Basic
biomedical research is an important investment in the future
health, wealth, and international competitiveness of our
Nation and plays a critical role in the Nation's economy. The
purpose of basic research is to discover the nature and
mechanics of disease and identify potential therapeutic
avenues likely to lead to the prevention and treatment of
human disease. Without this early scientific investigation,
future development of treatments and cures would be
impossible. Basic biomedical research must remain a key
component of both the intramural and extramural research
portfolio at NIH.
Big Data.--The NIH Director shall provide a report on Core
Techniques and Technologies for Advancing Big Data within 180
days of enactment to the House and Senate Appropriations
Committees and appropriate authorizing committees. The report
shall describe the policies, procedures, and processes in
place to safeguard all the biomedical data, tools, analysis,
and other similar forms of data that are or will be
accessible by or through the Big Data initiative. Further, it
should detail how NIH plans to ensure that all of the data
accessible by or through the initiative are not used for any
other purpose than biomedical research. Specifically, it
should describe how the policies will ensure the data remains
anonymized. Further, it should explain how NIH policies
address the ethical, legal, and societal issues surrounding
the use of such data. The Director is to provide assurances
that safeguards are in-place to ensure that the Big Data
Initiative or any similar initiative supported by the NIH
does not allow use of biomedical information by law
enforcement or any organization not using the data in a
manner that benefits biomedical research.
BRAIN Initiative.--The bill provides support to the BRAIN
Initiative, a multi-agency effort that also involves the
National Science Foundation, the Defense Advanced Research
Projects Agency and several private sector partners. This
work may take decades before it results in cures or
treatments, but it holds promise to unlock the secrets behind
diseases such as Alzheimer's and epilepsy. The National
Institute of Neurological Disorders and Stroke and the
National Institute of Mental Health are expected to
collaborate with the other ICs that are anticipated to
participate in the project. Further, NIH shall provide a
detailed report within 120 days of enactment that identifies
the overall program manager, detailed timeline, annual goals
and annual objectives, detailed five year budget estimates
(including anticipated sources of funds), milestones,
decision points to continue projects, and the business
analysis used to determine annually if this is the best use
of research funds given other scientific opportunities.
Buildings and Facilities.--The agreement provides up to
$7,000,000 for the planned demolition of vacant buildings 7
and 9 on the NIH campus. The NIH and HHS are expected to
provide the House and Senate Appropriations Committees a plan
within 90 days of enactment of this act to address the NIH
facility maintenance and repair backlog over the next five
years. The plan should include the uses of the NEF and
other resources that may reduce the requirement for other
discretionary funds.
Clinical Center and Intramural Research (IR).--The NIH
Clinical Center and Intramural Research (IR) program are
national resources to support bio-medical research. The NIH
shall include a non-add sub-line below the IR line on all NIH
and IC mechanism tables to display funding provided to
operate the NIH Clinical Center (referred to as the
``Clinical Center'') to improve transparency.
Clinical Trials Patient Enrollment.--The NIH is encouraged
to take steps to improve the efficiency and effectiveness of
NIH clinical trials related to patient enrollment and
retention. Specifically, NIH is directed to conduct a trans-
NIH workshop with public foundations currently working in
this area, the NIH Foundation, and other appropriate
organizations to discuss challenges related to clinical
trials enrollment and retention. Topics to be discussed
include: outside coordination with NIH supported clinical
trials and public foundations, funding models to locate and
support clinical trial patients, and potential public-private
partnerships. Further, the workshop should examine methods to
increase participation, including underrepresented and
uninsured populations, in clinical trials. Finally, the
workshop participants should explore potential measures to
track and monitor participation in NIH supported clinical
trials. A summary report of the workshop and next steps
should be provided to the House and Senate Appropriations
Committees by September 1, 2014.
Clinical and Translational Science Awards (CTSA).--The
agreement provides a specific funding level for the core CTSA
program within the NCATS statutory language. This change
removes the funding flexibility provided during the
establishment years of NCATS. The ICs are expected to
continue to use and provide support to the CTSA
infrastructure for clinical trials and other scientifically
appropriate activity. In addition, NCATS should continue to
collaborate with all ICs on the overall CTSA program. The
2013 Institute of Medicine (IOM) report recommends the
development of a comprehensive strategic plan with measurable
objectives. The NCATS is expected to move forward with
implementing the IOM recommendations in consultation with the
CTSA community. Any significant changes to the program should
be done with transparent and ongoing consultation with the
CTSA community and NIH ICs. NCATS shall provide an update in
the fiscal year 2015 budget request of all planned and
expected changes since the release of the IOM report through
fiscal year 2015 to include a specific plan on how NCATS will
communicate and coordinate with the CTSA community.
Common Fund.--Specific funding is continued within the NIH
Office of the Director account to support the critical
incubator research activity. The Drug Repurposing, BrIDGs,
and Molecular Libraries programs are transferred fully out of
the Common Fund and into NCATS.
[[Page H1038]]
Consolidated Communications Activities.--The NIH has an
important role in communications activities. The NIH Director
is expected to develop an NIH wide process to reduce
duplication of effort, consolidate, improve efficiencies,
improve coordination of messages and generally reduce costs
in this area.
Cures Acceleration Network (CAN).--The NIH shall provide
additional details in the fiscal year 2015 and future budget
requests. In particular, the request should breakout all CAN
supported activity with funding details, performance
measures, details on activities and partnerships, and
criteria used to select projects. The request should describe
the relationship of CAN activities with other NIH programs
and projected termination dates.
Dental Materials Research.--The United Nations (UN)
Environmental Programme, International Negotiating Committee
completed deliberations in January 2013 on a global legally
binding treaty on mercury. The UN agreement contains
provisions for the reduction in the use of dental amalgam, as
a mercury-added product, and calls for increased dental
research into alternative materials. Given the global
commitment to reduce all uses of mercury, the NIH Director is
expected to make the development of alternative dental
restorative materials a high priority.
Extramural and Intramural Research.--The NIH has announced
plans to impose an additional level of scrutiny on extramural
principal investigators with grants of $1,500,000 or more.
The NIH is directed to ensure that this policy, and any other
new measures which are intended to improve oversight and
accountability for extramural researchers, should apply
equally to intramural researchers as well. The NIH shall
include an update on this topic in the fiscal year 2015
budget justifications. In addition, peer reviewers for
extramural research would benefit from knowing the scope of
intramural activities that are related to the subjects under
consideration to reduce the possibility of duplication.
Therefore, NIH is directed to make such information available
to extramural peer review study sections. The NIH shall
include an update in the fiscal year 2015 budget request on
this action.
HIV/AIDS Funding and Office of AIDS Research.--The NIH
continues to be the world's leader in research in responding
to the critical needs of the AIDS pandemic, both in the U.S.
and around the world, and is to be commended for supporting
the NIH AIDS and non-AIDS funding allocation at the current
relative rate and is urged to continue that policy. In
addition, with its trans-NIH budget authority and status as a
unique ``institute without walls'', the Office of AIDS
Research is to be commended for its leadership in setting
trans-NIH AIDS research priorities, including important new
basic science initiatives in the area of genomics, and its
ongoing support for innovative research and community
outreach to address the complex issues of AIDS in racial and
ethnic minority populations in the U.S.
Improved Coordination and Dissemination of Research.--The
NIH Director and IC Directors are directed to work with the
other HHS operating divisions to establish a more systematic
means of disseminating research results.
Institute & Center Office of Director Costs.--The NIH is
expected to provide, in the fiscal year 2015 and future
budget requests, a table that lists the total funding
provided to the Director's Office of each IC and the NIH
Director that breaks out the cost of travel, personnel, and
performance bonuses by IC. The initial table should include
the last three years of actual obligations, projections for
the current year, and the fiscal year 2015 estimate.
Institutional Development Award (IDeA).--The agreement
continues specific support for the IDeA program in bill
language. The NIH is expected to maintain the current level
for the Centers of Biomedical Research Excellence (COBRE),
IDeA Networks of Biomedical Research Excellence, and the IDeA
Clinical Trial and Translation Program programs. The NIH is
expected to split the increase for IDeA between a new COBRE
competition, additional awards for the IDeA Clinical Trial
and Translation Program, and support for the INBRE program.
In 2012, NIH was urged to give the IDeA Director the
flexibility to include all States that qualify for the
Experimental Program to Stimulate Competitive Research
(EPSCoR) program in the IDeA program. Given the lack of a
full response, NIH is directed to review whether changes to
the eligibility criteria of the EPSCoR program are warranted
and to report its recommendations to the House and Senate
Appropriations Committees and the relevant authorizing
committees no later than 120 days after enactment. In
addition, NIH and IC Directors should work with the IDeA
Director to implement a plan to improve coordination and co-
funding in this program. The NIH Director is encouraged to
increase opportunities for IDeA designated states
participation in the CTSA program.
Kennedy's Disease.--Continued research in this area is
encouraged to better understand the causes of this disease,
along with animal testing for possible avenues for treatment.
The National Institute of Neurological Disorders and Stroke
shall provide an update on the state of the science in the
fiscal year 2015 budget justification.
NIH Third Party Collection Pilot.--The NIH is expected to
implement the third party collection pilot in a manner that
allows intramural clinical trial participants the opportunity
to opt into this pilot.
Opioid Drug Abuse.--Opioid narcotics are frequently abused
through injection, inhalation, crushing, or oral overdose to
create a highly addictive euphoria. According to some
reports, more than 35 million Americans have abused
prescription opioids at some point in their lifetimes. In
addition, the June 2011 Institute of Medicine report on
relieving pain indicates that such abuse and misuse resulted
in an annual estimated cost to the nation of $72.5 billion.
The National Institute of Drug Abuse (NIDA) is expected to
support meritorious scientific activities that provide
companies with the basic science to develop and implement
innovative strategies to reduce opioid drug abuse. Such
strategies may include new chemical molecule structures,
coatings, agents, or other appropriate scientifically sound
processes with a goal of providing barriers to abuse while
still providing the pain relief necessary for appropriate
patient care. The NIDA is strongly urged to continue its
support of research on pain, including the development of
pain medications with reduced abuse liability. In addition,
NIDA should continue to fund research to better prevent and
treat prescription drug abuse. The NIDA shall provide an
update in the fiscal year 2015 budget request on activities
related to addressing the opioid drug abuse problem.
Oxalosis and Hyperoxaluria.--Oxalate metabolism remains
incompletely understood and elucidated in humans. The
National Institute of Diabetes and Digestive and Kidney
Diseases is encouraged to promote the study of additional
aspects of oxalate metabolism in humans, especially the newly
discovered type PH3, and to fund research into novel pathways
with special attention to specific abnormalities in enzymes
of the hydroxyproline pathway.
Pediatric Brain Tumors.--The National Cancer Institute
(NCI) is encouraged to continue its focus on obtaining high-
quality biospecimens for all cancer types and the sharing of
tissues for research purposes, while exploring how genetic
model and xenograft models can be used for biology studies
and drug testing studies. In addition, NCI shall provide an
update on the advantages and disadvantages of a time-limited
special emphasis panel in the fiscal year 2015 budget
request.
Pediatric Cancer Informatics Program.--Efforts to establish
a more personalized medicine platform to improve treatment
for pediatric cancer research patients in community hospitals
may require the development of pediatric cancer
informatics systems. The NIH shall provide an update in
the fiscal year 2015 budget request on any such effort and
how the effort could utilize cost-effective cloud or other
types of technologies.
Priority Setting Review.--The House and Senate
Appropriations Committees have long supported the peer-review
process. The NIH Director is directed to conduct an NIH-wide
priority setting review as authorized under sections
402(b)(3) and 402(b)(4) of the PHS Act. The NIH is directed
to examine how the post peer review priority setting process,
resource allocation process, and the portfolio evaluation
data and information ensure that the priority setting process
provides decision makers with answers to key questions, such
as:
(a) how the proposed activity significantly advance the
body of biomedical science;
(b) how the proposed activity could contribute to expanding
knowledge to improve human health;
(c) the relationship and impact of the proposed activity to
the program goals and objectives; and
(d) how the proposed activity could impact the overall
research portfolio of the NIH and the national research
institute or national center involved.
The Director of the NIH shall provide a report on the
review within 180 days of enactment to the House and Senate
Appropriations Committees and appropriate authorizing
committees. The report should include an executive summary of
the review, findings, recommendations, and planned actions
with a timeline, including actions related to developing and
implementing improved NIH-wide portfolio analysis procedures,
policies, and tools.
Research Centers in Minority Institutions Program (RCMI).--
Minority institutions play a critical role, especially, at
the graduate level in addressing the health research and
training needs of the nation. The NIH is expected to continue
to support this program at no less than the fiscal year 2013
level.
Scientifically Based Strategic Planning.--The National
Institutes of Health Reform Act of 2006 included a provision
that requires the NIH Director to ensure implementation of
scientifically based strategic planning (Sec. 402(b)(5) of
the PHS Act). The agreement directs the NIH Director to
provide a report on the actions taken or planned to ensure
that the requirement for scientifically based NIH-wide
strategic planning is fully implemented. The report should
describe: the years to be covered by the NIH-wide plan or
proposed planning process; how the long-term goals and annual
objectives are measured, tracked, and reported through NIH-
wide leadership; how the plan is implemented through resource
allocation as described in section 402(b)(6) PHS Act; how the
prioritization process addresses rare and neglected diseases
while also maintaining a focus balance between translational
and basic bio-medical science; and how the plan is harmonized
across the NIH ICs to ensure a balanced portfolio that is
free of unnecessary duplication and takes advantage of cross-
cutting bio-medical research. The Director
[[Page H1039]]
of NIH shall provide a report on the review within 180 days
of enactment to the House and Senate Appropriations
Committees and appropriate authorizing committees.
STEM Programs.--The President's fiscal year 2014 budget
recommends eliminating the Science Education and Partnership
Awards (SEPA) program within the Office of the Director (OD)
and consolidating it within the Education Department as part
of a government wide reorganization of Science, Technology,
Engineering and Mathematics (STEM) education activities. The
STEM proposed consolidation would also affect the Office of
Science Education within OD and several other smaller STEM
programs throughout NIH. The NIH is directed to continue
funding these programs in fiscal year 2014 and sufficient
funding is provided within OD to include the Office of
Science Education. The NIH shall continue these programs
based on the same policies that existed at the start of
fiscal year 2013. The agreement does not support NIH's
proposed new educational programs.
Usher Syndrome.--The agreement supports research activities
to prevent and correct the health related issues of Usher
Syndrome. An update is requested in the fiscal year 2015
congressional budget request on the planned and on-going
activities related to this syndrome. The update should
address the funding level and manner in which the various ICs
coordinate on common goals and objectives.
Valley Fever.--The upcoming joint NIH and CDC efforts to
combat this disease are supported, which includes a field
state of the science meeting and workshop. Specifically, the
NIH and CDC are encouraged to work together to identify and
intensify research into scientific gaps and to maximize
public-private partnerships toward the development of a
coccidioidomycosis vaccine and more effective treatments,
which may include conducting a randomized controlled trial.
The NIH shall provide an update in the fiscal year 2015
budget request that outlines the joint NIH and CDC
recommendations, on-going efforts, and coordinated plans to
further progress toward an effective Valley Fever treatment
and vaccine.
Substance Abuse and Mental Health Services Administration
The agreement includes bill language instructing the
Administrator of the Substance Abuse and Mental Health
Services Administration (SAMHSA) and the Secretary to exempt
the Mental Health Block Grant and the Substance Abuse
Prevention and Treatment Block Grant from being used as a
source for the PHS evaluation set-aside in fiscal year 2014,
as was done prior to fiscal year 2012. Furthermore, the
Administrator shall not make changes to any program, project,
or activity as outlined by the budget tables included in this
statement without prior notification to the House and Senate
Appropriations Committees.
MENTAL HEALTH
Within the total provided for Mental Health Programs of
Regional and National Significance, the agreement includes
the following amounts:
------------------------------------------------------------------------
Budget Activity Agreement
------------------------------------------------------------------------
Seclusion & Restraint...................................... $1,150,000
Youth Violence Prevention.................................. 23,156,000
Project Aware State Grants................................. 40,000,000
Mental Health First Aid.................................... 15,000,000
Healthy Transitions........................................ 20,000,000
National Traumatic Stress Network.......................... 46,000,000
Children and Family Programs............................... 6,474,000
Consumer and Family Network Grants......................... 4,966,000
MH System Transformation & Health Reform................... 10,582,000
Project LAUNCH............................................. 34,640,000
Primary & Behavioral Health Care Integration............... 50,000,000
National Strategy for Suicide Prevention................... 0
Prevention Fund........................................ 2,000,000
Suicide Lifeline........................................... $5,512,000
Prevention Fund........................................ 1,700,000
GLS--Youth Suicide Prevention--States...................... 29,700,000
Prevention Fund........................................ 5,800,000
GLS--Youth Suicide Prevention--Campus...................... 5,000,000
Prevention Fund........................................ 1,500,000
AI/AN Suicide Prevention Initiative........................ 2,938,000
Homelessness Prevention Programs........................... 30,772,000
Minority AIDS.............................................. 9,247,000
Criminal and Juvenile Justice Programs..................... 4,280,000
Tribal Behavioral Health Grants............................ 5,000,000
Science and Service:
GLS--Suicide Prevention Resource Center................ 5,000,000
Prevention Fund.................................... 1,000,000
Practice Improvement & Training.......................... 7,847,000
Consumer & Consumer Support T.A. Centers................. 1,923,000
Primary/Behavioral Health Integration T.A................ 1,996,000
Minority Fellowship Program.............................. 8,079,000
Disaster Response........................................ 1,958,000
Homelessness............................................. 2,302,000
HIV/AIDS Education....................................... 773,000
------------------------------------------------------------------------
The agreement provides for a new five percent set-aside for
the Mental Health Block Grant. The set-aside is for evidence-
based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders,
as proposed in Senate Report 113-71. It is expected that in
implementing this set-aside, SAMHSA will collaborate with
NIMH to develop guidance to States so that funds are used for
programs showing strong evidence of effectiveness. It is
expected that SAMHSA and NIMH brief the House and
Senate Appropriations Committees on implementation status
of this set-aside no later than 90 days after enactment of
this act.
The Administrator is directed to ensure that all new grants
awarded for the Primary and Behavioral Health Integration
program are funded under the authorities in section 520K of
the PHS Act.
The agreement provides funding for suicide prevention
grants in American Indian/Alaska Native populations as
proposed in Senate Report 113-71.
The Administrator is directed to focus on a broad public
safety approach when implementing the Mental Health First Aid
program that offers training for both school officials and
the range of actors in the public sphere that interact with
youth.
The Administrators of SAMHSA and HRSA are directed to brief
the House and Senate Appropriations Committees throughout
fiscal year 2014 on the implementation timeline for all the
Now is the Time initiatives and progress made once such
programs are established. Because the success of these
programs is dependent upon interagency cooperation, the
Department is strongly encouraged to include representatives
from the Departments of Education and Justice in such
briefings.The implementation briefing should occur within 30
days of enactment.
SUBSTANCE ABUSE TREATMENT
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity Agreement
------------------------------------------------------------------------
Opioid Treatment Programs/Regulatory Activities $8,746,000
Screening, Brief Intervention, Referral, and 45,000,000
Treatment.....................................
PHS Evaluation Funds....................... 2,000,000
TCE--General................................... 13,256,000
Pregnant & Postpartum Women.................... 15,970,000
Strengthening Treatment Access and Retention... 1,668,000
Recovery Community Services Program............ 2,440,000
Access to Recovery............................. 0
Prevention Fund............................ 50,000,000
Children and Families.......................... 29,678,000
Treatment Systems for Homeless................. 41,488,000
Minority AIDS.................................. 65,732,000
Criminal Justice Activities.................... 75,000,000
Science and Service:
Addiction Technology Transfer Centers...... 9,046,000
Minority Fellowship Program................ 2,545,000
Special Initiatives/Outreach............... 1,436,000
------------------------------------------------------------------------
The Administrator is directed to ensure that funds provided
for the Screening, Brief Intervention and Referral to
Treatment program are used for existing evidence-based models
of providing early intervention and treatment services to
those at risk of developing substance abuse disorders.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
Budget Activity agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $109,754,000
Success............................................
Mandatory Drug Testing.............................. 4,906,000
Minority AIDS....................................... 41,307,000
Sober Truth on Preventing Underage Drinking (STOP 7,000,000
Act)...............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign...........................................
Community-based Coalition Enhancement Grants........ 5,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking....................
Science and Service:
Fetal Alcohol Spectrum Disorder..................... 1,000,000
Center for the Application of Prevention 7,511,000
Technologies.......................................
Science and Service Program Coordination............ 4,082,000
Minority Fellowship Program......................... 71,000
------------------------------------------------------------------------
The agreement does not intend for SPFSIG/Partnerships for
Success grantees to use funding to address trauma, as this
would serve to redirect the program's purpose.
The Administrator is commended for providing funding for
the STOP Act within the budget request this year; however,
the Administrator is strongly encouraged to eliminate the
requirement for Community Enhancement Grant program
applicants to provide evidence of State collaboration in the
grant application. This program was intended by law to be a
community program.
As described in Senate Report 113-71, the update requested
in the fiscal year 2015 budget request regarding the use of
psychotropic medications should include a description of
collaboration between the Centers for Medicare and Medicaid
Services and ACF as part of SAMHSA's efforts to promote the
most appropriate treatment approaches for children,
especially those in foster care settings.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following
amounts:
------------------------------------------------------------------------
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance............................ $17,000,000
PHS Evaluation Funds....................... 30,428,000
Program Management............................. 72,729,000
Behavioral Health Workforce.................... 35,000,000
Public Awareness and Support................... 13,571,000
Performance and Quality Info. Systems.......... 12,996,000
------------------------------------------------------------------------
The agreement provides a funding increase for Minority
Fellowship programs in the Centers for Mental Health Services
and Substance Abuse Treatment (CSAT) rather than in this
account as proposed by the administration. The increase
provided in CSAT is intended for the purpose of increasing
the number of addiction counselors with Master's level
training.
Eligible entities for the Mental and Behavioral Health
Education and Training Grant program shall include accredited
programs that train Master's level social workers,
psychologists, marriage and family therapists, psychology
doctoral interns, as well as behavioral health
paraprofessionals. The Administrator is directed to ensure
that the funding opportunities are distributed relatively
equally amongst the aforementioned health professionals.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
The agreement provides $371,008,000 for the Agency for
Healthcare Research and Quality
[[Page H1040]]
(AHRQ), which includes $364,008,000 in funds made available
through section 241 of the PHS Act and $7,000,000 made
available through the PPH Fund.
Within the total for Health Costs, Quality and Outcomes,
the agreement includes the following amounts:
------------------------------------------------------------------------
Budget Activity FY 2014 Agreement
------------------------------------------------------------------------
Patient-Centered Health Research............... $0
Prevention/Care Management..................... 15,904,000
Prevention Fund............................ 7,000,000
Value.......................................... 3,252,000
Health Information Technology (IT)............. 29,572,000
Patient Safety Research........................ 71,584,000
Crosscutting Activities Related to Quality, 111,072,000
Effectiveness and Efficiency Research.........
------------------------------------------------------------------------
Within the total for the Patient Safety portfolio, the
agreement provides $5,000,000 for research grants authorized
by section 933 of the PHS Act as proposed in Senate Report
113-71.
Within the total for the Crosscutting Activities Related to
Quality, Effectiveness and Efficiency Research portfolio, the
agreement provides $45,882,000 for investigator-initiated
research.
Within the total for the Health IT portfolio, the agreement
provides $4,000,000 for research on the impact of health IT
on patient safety, as proposed in Senate Report 113-71.
The agreement recognizes that the new AHRQ Director may be
interested in refocusing the agency's research away from its
traditional core areas such as improving patient safety and
preventing healthcare associated infections. However, it is
expected that before any such changes take place, they will
be proposed in a transparent fashion in the fiscal year 2015
budget request so they can be considered during next year's
appropriations process.
Centers for Medicare and Medicaid Services
PROGRAM MANAGEMENT
The agreement includes $3,669,744,000 for the Program
Management account.
Budget Request.--The agreement expects the Centers for
Medicare and Medicaid Services (CMS) to provide the detailed
plans for all of the agency's mandatory and discretionary
resources. The CMS tables should include the prior year
actual, current year request level, current year actual
(based on the operating plan) and budget request year level.
Further, please include a description in the fiscal year 2015
budget request on CMS's fiscal management processes in place.
CMS Policy Guidance.--The CMS uses Medicare Administrative
Contractors (MACs) as its agent in lieu of Federal employees
to process reimbursement activity. It is understood that the
MACs may develop and implement independent policies, which
can be perceived as being inconsistent with CMS guidance. The
CMS is requested to provide a detailed description in the
fiscal year 2015 budget request of the mechanisms CMS has in
place or plans to put in place to ensure its contracting
agents consistently adhere to CMS policies.
CMS Testing Industry Solutions Initiative.--The agreement
continues support for this initiative and requests an update
in the fiscal year 2015 congressional budget request on the
status of the initiative.
Critical Access Hospitals.--It is expected that CMS will
provide a list of critical access hospitals that would be re-
designated under the Administration's proposal to remove
critical access hospital status from facilities located less
than 10 miles from another hospital. The CMS is encouraged to
work with the Office of Rural Health Policy at Health
Resources and Services Administration to ensure that rural
patients maintain access to necessary health services.
Fraud, Waste, and Abuse.--The agreement urges CMS to
implement a process across all operations to increase its
focus on preventing improper payments and paying claims right
the first time. A 2010 GAO report found that CMS had no
formal process in place to ensure that vulnerabilities
identified by the Recovery Audit Contractor (RAC) program are
addressed. The CMS is directed to include in its annual
report to Congress the steps it has taken to implement a
systematic process across all operations to prevent fraud,
waste, and abuse in both federal and contractor-operated
program and administrative activities and an accounting of
RAC-reported vulnerabilities.
Food Allergies and Disease Management.--In the United
States, a patient visits an emergency department every three
minutes for the treatment of a food-related allergic
reaction. Proper management of food allergies could improve
patient outcomes, reduce costs, and decrease the incidence of
preventable death. The CMS is encouraged to consider food
allergy patients in other disease management pilot programs.
Hospital Outpatient Prospective Payment System.--There
continues to be concern regarding how the CMS 2014 Hospital
Outpatient Prospective Payment System rule may expand
packaged payment policies. Recognizing the need to increase
efficiency and decrease cost, there is specific concern
regarding the criteria under which a drug or biologic
associated with a hospital outpatient procedure would be
packaged. It is expected that within 90 days after enactment
of this act, CMS will provide a briefing for Senate and House
Appropriations Committees on the criteria used to form the
new rule, specifically how a drug or biologic associated with
a hospital outpatient procedure was packaged together.
Recovery Audit Contractors (RACs).--There is concern that
the CMS RAC program has created incentives for RACs to take
overly aggressive actions. Information received from the
Office of Medicare Hearings and Appeals (OMHA) indicates that
about 50 percent of the estimated 43,000 appeals were fully
or partially overturned at its level. The fiscal year 2015
budget request should include a plan with a timeline, goals,
and measurable objectives to improve the RAC process. In
addition, CMS is expected to work with Congress and
stakeholders to identify challenges and additional reforms.
Further, CMS should establish a systematic feedback process
with the OMHA, CMS programs, and the RACs to prevent the
appearance that RACs are selecting determinations to increase
their fees. The CMS is urged to stay focused on improvements
to all operations that prevent improper payments in lieu of
chasing dollars after the fact.
Rural Policy Decisions.--There is concern that CMS does not
sufficiently account for the realities of rural health care
in rule making. Small and rural hospitals, where medical
workforce shortages are most severe, need reasonable
flexibility to appropriately staff their facilities so they
can continue to provide a full range of services to their
communities. It is expected that within 90 days of enactment
CMS will brief the House and Senate Appropriations Committees
on how they will coordinate with HRSA's Office of Rural
Health Policy to balance proper care while allowing small and
rural hospitals more flexibility in CMS' rule making process.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
The agreement includes $293,588,000 from the Medicare Trust
Fund for the Health Care Fraud and Abuse Control account.
Medicare Fraud Prevention.--The agreement urges CMS to
develop a more robust set of tools to prevent fraud, such as
using the latest technology to ensure only valid
beneficiaries and valid providers receive benefits. The
statement directs GAO to review the feasibility, cost,
benefits, and barriers for CMS to implement a Medicare
transactional system with ``smart card'' type technology. The
review must examine technology related to beneficiary and
provider validation and authentication at point of entry for
provider care within the Medicare program and consider ease
of implementation, impact on the beneficiary, provider, ease
of use, cost attributes (long and short term), and other
criteria relevant to decision making, sourcing, and
implementation. The GAO is expected to publish a report
within one year of enactment. The CMS is expected to provide
a report on its plans for implementing the GAO
recommendations within 90 days after the report is published.
Administration for Children and Families
REFUGEE AND ENTRANT ASSISTANCE
Unaccompanied Alien Children Program.--The Secretary, in
coordination with the Office of Management and Budget and the
Secretaries of State and Homeland Security, is directed to
develop an interagency strategy to address the challenges
presented by the growing number of unaccompanied alien
children arriving in the United States each year. The
Secretary's designee and representatives from the Office of
Management and Budget and the Departments of State and
Homeland Security are directed to brief the House and Senate
Appropriations Committees within 60 days of enactment on the
potential solutions available to better manage this
multifaceted issue.
In addition, HHS should continue to support efforts that
provide pro bono legal representatives and child advocates
for unaccompanied alien children. In doing so, HHS should
consider the needs of both released and detained children.
Given that the vast majority of children are released to a
family member or sponsor pending resolution of their
immigration status, HHS should ensure a proper balance in
services for children accordingly.
Victims of Trafficking.--The Secretary is directed to
dedicate a significant amount of the increase for the Victims
of Trafficking program to improve services for foreign
national trafficking victims.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
Technical Assistance.--The agreement allows for technical
assistance to be provided under the Child Care and
Development Block Grant Act directly, or through contracts,
grants, cooperative agreements or interagency arrangements.
CHILDREN AND FAMILY SERVICES
Head Start.--The bill includes language that restores
funding for current grantees to their fiscal year 2012
funding level and, in addition, allows for an approximately
1.3 percent cost of living adjustment. The agreement also
includes up to $25,000,000 for transition-related costs
associated with the Head Start Designation Renewal System.
Within the total for Head Start, $500,000,000 is for
expanding Early Head Start (EHS), including EHS-Child Care
Partnerships where appropriate. In awarding these funds HHS
should prioritize organizations that seek to develop a
unified birth-to-school-entry continuum through alignment
with other federally, State, or locally funded early
childhood care and education programs. The Department should
allocate these funds to States by considering the number of
young children from families whose income is below the
poverty line. Further, the Secretary shall reserve no less
than 3 percent for Indian Head
[[Page H1041]]
Start programs and no less than 4.5 percent for migrant and
seasonal Head Start programs.
Through EHS-Child Care Partnerships, new or existing EHS
providers will partner with local center and family-based
child care providers, leveraging current investments through
the Child Care and Development Fund, to increase the quality
of existing child care programs. The EHS providers shall
enter into contractual relationships with local child care
programs to provide training, technical assistance, and
funding to raise the bar on the quality of those programs
to meet EHS program performance standards. The Department
should establish standards to ensure that the
responsibilities and expectations of the EHS provider and
partnering child care providers, respectively, are clearly
defined. The Department should prioritize organizations
that seek to partner with local child care providers
across settings, including center and home-based programs.
The Department is directed to provide the House and Senate
Appropriations Committees a briefing no later than two weeks
prior to the release of the Funding Opportunity Announcement
regarding how the direction provided above will be fulfilled
and the expected timeframe for the award process.
Adoption Opportunities.--Within the total, $4,000,000 shall
be for discretionary grants to test intensive and exhaustive
child-focused adoptive parent recruitment strategies for
children in foster care, in accordance with the language in
Senate Report 113-71.
Child Abuse Discretionary Grants.--Within the total,
$3,000,000 is provided above the request for competitive
grants to support the implementation of research-based court
team models that include the court system, child welfare
agency, and community organizations in order to better meet
the needs of infants and toddlers in foster care.
Developmental Disabilities Programs.--The agreement
reflects the Department's transfer of Developmental
Disabilities programs from ACF to the Administration for
Community Living (ACL) and funds these programs within ACL
accordingly.
Administration for Community Living
AGING AND DISABILITY SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement transfers the State Health Insurance
Assistance Program from the Centers for Medicare and Medicaid
Services to the Administration for Community Living (ACL).
The agreement transfers funding and administrative
responsibility for the Paralysis Resource Center to ACL from
CDC, as requested by the administration.
The agreement includes $1,000,000 for a competitive grant
or contract for the purpose of providing generally available
technical assistance to local government and nonprofit
transportation providers to ensure the disabled of any age
have access to transportation assistance. The agreement
concurs with the description of this grant or contract as
specified in the Senate Report 113-71.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
The Department is directed to include in its annual budget
justification for fiscal year 2015 and each year thereafter
the amount of administrative and overhead costs spent by the
Department for every major budget line.
The agreement includes not less than $1,500,000 for the
Office of Adolescent Health to coordinate activities within
the Department with respect to adolescent health, including
program design and support, trend monitoring and analysis,
research projects, the training of healthcare professionals,
and demonstration projects.
The agreement includes $2,000,000 to continue the national
health education program on lupus for healthcare providers,
with the goal of improving diagnosis for those with lupus and
reducing health disparities. The program is intended to
engage healthcare providers, educators, and schools of health
professions in working together to improve lupus diagnosis
and treatment through education.
The agreement includes $2,300,000 to continue the health
initiative to prevent violence against women in the Office of
Women's Health.
OFFICE OF INSPECTOR GENERAL
The agreement includes $71,000,000 for the HHS Office of
the Inspector General (OIG) account.
The agreement recognizes that the OIG is responsible for
more than 300 programs that spend more than $900 billion,
ranging from health care insurance and clinical research to
epidemiology, public health services and education. The
agreement notes that the complexity of discretionary OIG
oversight continues to expand. While the agreement does not
direct any specific allocation or resources, the OIG is
expected to continue and expand its work on discretionary
programs along with its other areas of responsibility.
Enhanced Enforcement Tools.--The agreement requests the OIG
develop specific recommendations on methods, tools, and
approaches to enhance its oversight and enforcement efforts,
particularly for issues related to contract or grant fraud.
The OIG should contemplate how authorities similar to the
civil money penalties used for Medicare program integrity
activities might be beneficial or modified for other
programs. If legislative action is required, the OIG is
expected to submit technical assistance along with supporting
information to the appropriate House and Senate Committees
with the fiscal year 2015 budget request.
Health Reform Oversight.--The agreement provides increased
support, in part to support the OIG oversight activities
related to health reform. The OIG is expected to provide a
plan of how it will conduct these oversight activities within
60 days after enactment to the House and Senate
Appropriations Committees and appropriate authorizing
committees.
Top-25 Unimplemented Recommendations.--While HHS accepted
about 190 OIG recommendations in fiscal year 2012, it left
over 1,200 unimplemented recommendations outstanding. Within
60 days after enactment of this act, the OIG shall prepare a
report to the Secretary, as well as the House and Senate
Appropriations Committees and appropriate authorizing
committees, with the top 25 unimplemented recommendations
that, based on the professional opinion of the OIG, would
best protect the integrity of departmental programs if
implemented. Further, within 60 days of this OIG report, the
HHS Secretary is directed to respond in writing to the House
and Senate Appropriations Committees and appropriate
authorizing committees with a plan and timeline to implement
these recommendations.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The agreement includes a new general provision requested by
the Administration for extended multi-year contracting
authority for Project BioShield. The Secretary is directed to
note instances in which this multi-year authority is used as
part of its monthly reports on the obligations and status of
actions taken for BARDA and Project BioShield. These reports
were requested by the Joint Explanatory Statement
accompanying the FY 2009 Omnibus Appropriations (P.L. 111-8),
but have not been submitted to the House and Senate
Appropriations Committees in a timely fashion. The Secretary
should include in these reports a rationale for contracts
extending beyond five years and how they are in the best
interest of the federal government.
The agreement represents Congress' commitment to ensuring
that the nation is adequately prepared against chemical,
biological, radiological, and nuclear (CBRN) attacks, as well
as to the use of a public-private partnership to develop
medical countermeasures for the Strategic National Stockpile.
The agreement provides Project BioShield with no-year funds;
therefore, BARDA is expected to issue multi-year contracts
providing for cancellation as appropriate. The Secretary is
directed to submit the Project BioShield spend plan
referenced in Senate report 113-71 no later than 90 days
after enactment of this act.
Public trust requires that personal information collected
from citizens must be safeguarded. The agreement recognizes
that HHS has greatly expanded the amount and volume of
information it collects from the public. The Secretary shall
ensure that all information technology (IT) systems, data
accessible through such systems, and data stored on any HHS
system is fully protected, to include appropriate IT security
safeguards, procedures, policies, and guidelines to ensure
the security of all information collected from the public.
General Provisions
PREVENTION AND PUBLIC HEALTH FUND
The agreement includes a modification to a provision
requiring a publicly available website that details
expenditures from the Prevention and Public Health Fund.
PREVENTION AND PUBLIC HEALTH TRANSFER TABLE
The agreement includes a new provision that directs the
transfer of all available Prevention and Public Health (PPH)
funds. In fiscal year 2014, the level appropriated for the
fund is $1,000,000,000, the same as the fiscal year 2013
level. The provision prohibiting further transfer of funds is
not intended to affect reimbursable agreements. Agencies
receiving PPH funds may execute the programs using standard
execution mechanisms.
The agreement includes bill language in section 219 of this
act requiring funds be transferred within 45 days of
enactment to the following accounts, for the following
activities, and in the following amounts:
------------------------------------------------------------------------
Agency Budget Activity FY 2014 Agreement
------------------------------------------------------------------------
ACL Alzheimer's Disease $14,700,000
Prevention Education and
Outreach..................
ACL Chronic Disease Self 8,000,000
Management................
ACL Falls Prevention........... 5,000,000
AHRQ US Preventive Services Task 7,000,000
Force.....................
CDCHospitals Promoting 8,000,000
Breastfeeding.............
CDCCancer Prevention & Control 104,000,000
CDCDiabetes Prevention........ 73,000,000
CDCEpidemiology and Laboratory 40,000,000
Capacity Grants...........
CDCHealthcare Associated 12,000,000
Infections................
CDCHeart Disease & Stroke 73,000,000
Prevention Program........
CDCMillion Hearts Program..... 4,000,000
CDCNational Early Care 4,000,000
Collaboratives............
CDCNutrition, Physical 35,000,000
Activity & Obesity Base
Activities................
CDCOffice of Smoking and 105,000,000
Health....................
CDCPreventive Health and 160,000,000
Health Services Block
Grants....................
CDCRacial and Ethnic 30,000,000
Approaches to Community
Health....................
CDCSection 317 Immunization 160,300,000
Grants....................
CDCLead Poisoning Prevention.. 13,000,000
CDCWorkplace Wellness Grants.. 10,000,000
SAMHSA Access to Recovery......... 50,000,000
[[Page H1042]]
SAMHSA Suicide Prevention......... 12,000,000
Sequestered ........................... 72,000,000
Funds........
------------------------------------------------------------------------
BARDA
The agreement includes a new provision that provides BARDA
with authority to enter into a multi-year contract for up to
ten years.
FTE INFORMATION
The agreement includes a new provision requiring fiscal
year 2015 budget justifications to include certain FTE
information with respect to the Affordable Care Act.
NATIONAL HEALTH SERVICE CORPS CONTRACTS
The agreement includes a new provision allowing National
Health Service Corps contracts to be cancelled up to 60 days
after award.
ACA EXCHANGE FUNDING TRANSPARENCY
The agreement includes a new provision related to ACA
exchange funding transparency.
SUPPORT FOR SENIORS IN TRADITIONAL MEDICARE
The agreement includes a new provision to support CMS
administrative costs related to the growth in Medicare
beneficiaries and implementation of the Medical Sustainable
Growth Rate formula adjustment. The language prohibits the
use of these funds for the Affordable Care Act.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
The agreement extends the authorization for the Temporary
Assistance for Needy Families program.
PUBLIC HEALTH SERVICE ANALYSIS
The agreement includes a new provision requiring that, in
the FY 2016 budget justification, the Secretary include an
analysis of how section 2713 of the Public Health Service Act
will impact discretionary HHS programs.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The agreement recognizes the federal trust responsibility
to provide education for American Indians and Alaska Natives.
It is noted that over the past decade Bureau of Indian
Education schools have received approximately 0.7 percent of
each year's appropriation for Elementary and Secondary
Education Act (ESEA) Title I Grants to local educational
agencies (LEAs). The Department is urged to continue to use
its existing formula in allocating these funds and to follow
this practice in any relevant future emergency funding that
provides it the same authority and discretion.
The bill includes a new provision clarifying that title I
funds may be used to address the transportation needs of
homeless children and youth, as well as support homeless
liaisons.
The bill includes new language under the School Improvement
Grants (SIG) program that allows funds to be used to
implement a research-proven, whole-school reform model;
enables State educational agencies, with the approval of the
Secretary of Education, to establish an alternative State-
determined school improvement strategy that may be used by
LEAs; and provides flexibility to LEAs eligible to receive
services under the Rural Education Achievement program.
The bill also includes new language allowing States to make
5-year awards under the SIG program. This language will allow
schools additional time to plan, effectively implement and
sustain their turnaround efforts. The language is not
intended to allow schools to delay any action necessary to
improve outcomes for its students. The Department shall
provide effective guidance, support and oversight related to
this provision.
School Improvement Programs
The bill modifies a set-aside for the Supporting Effective
Educator Development program under the Improving Teacher
Quality State Grants program, which provides competitive
awards to national not-for-profit organizations for
recruiting and training, or providing professional
enhancement activities for teachers or school leaders,
particularly for high-need schools most likely to face
shortages in these areas. These funds may be used to support
such activities in civic learning.
Innovation and Improvement
The bill includes $250,000,000 for Race to the Top, which
shall be available for obligation through December 31, 2014.
Funds may be used for competitive awards to States to
develop, enhance, or expand high-quality preschool programs
and early childhood education programs for children from low-
and moderate-income families, including children with
disabilities. If awards are made to States to build capacity
related to high-quality preschool programs, the Secretary of
Education shall award two types of grants to States, one to
low-capacity States with small or no State-funded preschool
programs and another to high-capacity States that have a
larger State-funded preschool program. Additionally, new bill
language specifies that high-quality preschool programs
should include comprehensive services and family engagement.
As such, it is expected that funds will be used to help
programs meet and sustain nationally recognized standards in
those areas. Funds may also be used to help early childhood
educators to attain higher credentials and degrees. The bill
does not provide authority for funding to be used for
construction, renovation, modernization, or related
activities.
In addition, the bill permits States to determine the
amount of funding distributed in subgrants to eligible
entities for implementation of high-quality preschool
programs from low- and moderate-income families. A State
receiving an award for this purpose shall ensure that any use
of assessment conforms with the recommendations of the
National Research Council's reports on early childhood. The
bill also requires that the Secretary submit a report
outlining the proposed competition and priorities to the
House and Senate Appropriations Committees. It is expected
that the Department will consult with the House and Senate
Appropriations Committees, Committee on Education and
Workforce, and the Committee on Health, Education, Labor, and
Pensions (HELP), prior to the submission of the required
report, including on the criteria to be used under a
competition to define a high-quality preschool infrastructure
and program. In addition, the Secretary shall continue to
provide, on a timely and periodic basis, the findings from
evaluations, including impact evaluations and interim
progress evaluations, of activities conducted using any Race
to the Top funds to the House and Senate Appropriations
Committees.
Within the Fund for the Improvement of Education, the
agreement includes funding for the following activities in
the following amounts:
------------------------------------------------------------------------
Budget Activity Agreement
------------------------------------------------------------------------
Arts in Education.............................. $25,000,000
Data Quality Initiative........................ 1,276,000
Full Service Community Schools................. 10,000,000
Educational Facilities Clearinghouse........... 1,000,000
Peer Review.................................... 100,000
Innovative Approaches to Literacy.............. 25,000,000
Javits Gifted and Talented Education........... 5,000,000
TOTAL...................................... 67,376,000
------------------------------------------------------------------------
Within the funds provided for the Javits Gifted and
Talented Students Education program, the Department is
directed to support a National Research Center on the Gifted
and Talented.
The bill also includes new language related to the
educational facilities clearinghouse, the use of charter
school funds for preschool, and the availability of
performance-based awards of up to a total of six years under
the Investing in Innovation program. Lastly, it modifies
existing language related to charters or performance based
contracts between schools and charter authorizers.
Safe Schools and Citizenship Education
Not later than 30 days after enactment of this act, the
Department shall provide to the House and Senate
Appropriations Committees an operating plan describing the
use of funds available for safe and drug free national
activities. The Department also is directed to consult the
House and Senate Appropriations Committees on possible uses
of these funds prior to the submission of the plan.
Special Education
The bill includes new language clarifying that the level of
effort under Part B that a LEA must meet in the year after it
fails to maintain its fiscal effort is the level that it
should have met in the prior year. This language clarifies
congressional intent and is consistent with the Office of
Special Education Program's April 4, 2012, informal guidance
letter on this issue. The bill also includes new language
clarifying that funds reserved under section 611(c) of the
IDEA may be used to help improve State capacity to meet data
collection requirements under IDEA and improve data
collection, quality and use under the act.
Rehabilitation Services and Disability Research
The agreement modifies language allowing Vocational
Rehabilitation State grant unmatched funds in excess of any
funds requested during the reallotment process to be
available for the Promoting Readiness of Minors in
Supplemental Security Income program's continuation and
technical assistance costs and for other innovative
activities. Such funds used for these purposes will remain
available for obligation through September 30, 2015.
The agreement includes $5,796,000 for Demonstration and
Training programs. Within this amount, the agreement provides
$750,000 to support a new competition for the parent
information and training program.
The agreement includes increased funding for the Protection
and Advocacy of Individual Rights and Client Assistance
programs to help individuals with disabilities receive the
services and supports they need to be able to work in
competitive, integrated workplaces.
The agreement continues to support the Traumatic Brain
Injury Model Systems (TBIMS) program funded by the National
Institute on Disability and Rehabilitation Research so that
the Nation's valuable TBI research capacity is not diminished
and to build upon the 18 existing competitively-awarded
Centers across the country. The TBIMS program is the only
source of non-proprietary longitudinal data on what happens
to people with brain injury. The Centers are a key source of
evidence-based medicine, and will benefit both the civilian
and military populations.
The agreement includes $33,000,000 for the Assistive
Technology program. This includes $25,704,000 for State grant
activities authorized under section 4 of the Rehabilitation
Act of 1973; $4,300,000 for protection and advocacy systems
authorized under section 5; and $996,000 for technical
assistance activities authorized under section 6. The
agreement
[[Page H1043]]
also includes $2,000,000 within the Assistive Technology
program for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices. The goal in providing these funds is to
allow greater access to affordable financing to help people
with disabilities purchase the specialized technologies
needed to live independently, to succeed at school and work,
and to otherwise live active and productive lives. Applicants
should incorporate credit building activities in their
programs, including financial education and information about
other possible funding sources. Successful applicants must
emphasize consumer choice and control and build programs that
will provide financing for the full array of assistive
technology devices and services and ensure that all people,
regardless of type of disability or health condition, age,
level of income and residence have access to the program.
Special Institutions for Persons With Disabilities
The agreement includes $66,291,000 for the National
Technical Institute for the Deaf. Funding for construction
will be considered in the future as needs may warrant.
Career, Technical, and Adult Education
The Department is urged to strengthen adult education
programs to increase the focus on adults with the lowest
literacy and numeracy skills. The Department should work with
national adult literacy organizations to identify and promote
new capacity building initiatives on adult learner leadership
and advisory roles in local programs and assist in evaluating
program effectiveness.
The agreement provides $13,712,000 for national leadership
activities, including $3,000,000 to support new awards for
prisoner re-entry education models as described in Senate
Report 113-71.
Student Financial Assistance
The Department shall provide $8,390,000 within the Federal
Work-Study program for the Work Colleges program authorized
under section 448 of the Higher Education Act (HEA).
The National Student Loan Data System (NSLDS) is the
Department's central database for the tracking of student
aid, including the enrollment status of student aid
recipients. In March 2012, the Department announced changes
to the NSLDS Enrollment Reporting roster files to allow for
improved evaluation of the Pell Grant program. Beginning with
the 2012-2013 Pell Grant Award Year, the NSLDS Enrollment
Reporting roster files will include, in addition to an
institution of higher education's Title IV loan recipients, a
separate category for an institution's Pell Grants-only
recipients. This revision is aimed at improving the
enrollment reporting process for Pell Grant recipients to the
Department, which is responsible for overseeing the
performance and effectiveness of the Pell Grant program.
Recognizing the importance of improving the enrollment
reporting process, the Department is directed to submit a
report to the House and Senate Appropriations Committees, no
later than 120 days after the enactment of this act, on
enrollment and graduation information for Pell Grant
recipients for the 2012-2013 Pell Grant Award Year. The
Department is also directed to continue to provide enrollment
and graduation information to the House and Senate
Appropriations Committees in the future as more robust and
useful information becomes available. Since Pell Grant
recipient enrollment and graduation information was not
included until the 2012-2013 Pell Grant Award Year, it is
understood that six year graduation cohort rates will not be
available for analysis until 2019.
Additionally, while understanding the limitation of the
data as the Department will only be able to report on student
enrollment and graduation information for the 2012-2013 Pell
Grant Award Year, the report should include enrollment and
graduation information for Pell Grant recipients included in
the NSLDS Enrollment Reporting roster files by each
institution of higher education. The report should also
include a plan to minimize the burden of these recent changes
on institutions of higher education, a proposal to improve
the tracking of enrollment and graduation rates for students
that transfer and nontraditional students, and strategies to
increase enrollment rates and improve graduation rates for
Pell Grant recipients.
Student Aid Administration
The Department is directed to continue to provide quarterly
reports detailing its obligation plan by quarter for spending
discretionary funding for student aid administrative
activities broken out by servicer and activity.
The Bipartisan Budget Act of 2013 (BBA) eliminated sections
of the HEA that required the Department to enter into
contracts with not-for-profit (NFP) student loan servicers;
the definition of eligible NFPs; and, the NFP mandatory
funding source, which supported the NFP program and two of
the Title IV Additional Servicers (TIVAs) contracts. The
Department recently announced that as long as discretionary
funding is provided, it will continue the existing NFP
contracts. This agreement provides sufficient funding to
continue the servicing of student loans by NFPs. The
Secretary shall continue to comply with the terms of the
Department's existing contracts with NFP servicers or teams
of NFP servicers to service student loans through fiscal year
2014.
Congressional colloquies stated that the BBA permits NFPs
to compete with TIVAs for additional accounts. This agreement
directs the Secretary to develop a plan that streamlines the
metrics by which NFP servicers and the TIVAs are measured to
ensure consistency among and demonstrated effectiveness of
all servicing contracts as authorized under the HEA, in order
to inform future competitions. The Secretary is directed to
submit a report detailing the plan to the House and Senate
Appropriations Committees as well as to the Committee on
Education and the Workforce and the Committee on HELP no
later than March 31, 2014, and before any new proposed
metrics (or modified metrics) are announced or implemented.
The report shall also include the following information:
(1) How the Secretary will ensure consistent application of
any proposed performance metrics to both the NFP servicers
and the TIVAs given differing portfolios;
(2) The timeline by which the proposed metrics will be
implemented and the evaluation process by which all existing
servicers will be measured in accordance with these new
metrics in order to move forward on a competitive basis;
(3) The anticipated challenges in moving servicers to one
set of metrics and recommended solutions to those challenges;
and
(4) The impact of the plan on borrowers and the steps the
Secretary will take to ensure any new metrics will be
implemented with minimum disruption or negative effect to
borrowers.
Higher Education
The agreement includes $72,164,000 for International
Education and Foreign Language Studies and encourages the
Department to look for ways to support study abroad programs
as authorized by section 604(b) of the HEA.
The agreement includes $79,400,000 for the Fund for the
Improvement of Postsecondary Education (FIPSE). Within the
amount for FIPSE, the bill includes $75,000,000 for the First
in the World initiative, which will provide grants to
institutions of higher education to help ensure that they
have access to and implement innovative strategies and
practices shown to be effective in improving educational
outcomes and making college more affordable for students and
families. The agreement includes up to $20,000,000 to be set
aside for minority-serving institutions to improve their
students' persistence and completion rates while keeping
costs under control. The agreement expects the Department to
prioritize applications that target innovative strategies at
low-income students. The agreement directs the Department to
provide a briefing and submit a report detailing information
on priorities and the proposed competition to the House and
Senate Appropriations Committees not later than 30 days prior
to announcing the competition.
Within the remaining amounts for FIPSE, the bill includes
$1,126,000 for the Training of Realtime Writers program;
$1,500,000 for Centers for the Study of Distance Education
and Technological Advancements as authorized by section
741(a)(3) of the HEA and described in Senate Report 113-71;
$500,000 for a Center for Best Practices to Support Single
Parent Students as authorized by section 741(c) of the HEA;
$1,000,000 for the Secretary to enter into an agreement with
the National Research Council of the National Academy of
Sciences to conduct a study on the impact of Federal
regulations and reporting requirements on institutions of
higher education as authorized under section 1106 of the
Higher Education Opportunity Act of 2008 and described in
Senate Report 113-71; and, $274,000 in continuation costs for
the FIPSE database.
The agreement continues language allowing funds awarded
under the Graduate Assistance in Areas of National Need
program to be used to fund continuation costs for the Javits
Fellowship program.
The agreement includes new language allowing the Department
to increase the Gaining Early Awareness and Readiness for
Undergraduate Programs (GEAR UP) evaluation set-aside to up
to 1.5 percent to work with the GEAR UP community and
grantees to standardize data collection, including through
the use of third-party data systems.
Historically Black College and University (HBCU) Capital Financing
Program Account
The agreement includes new language allowing funds for the
HBCU Capital Financing Program to remain available through
September 30, 2015.
General Provisions
Office of Career, Technical, and Adult Education
The agreement includes a new general provision renaming the
Office of Vocational and Adult Education as the Office of
Career, Technical, and Adult Education.
EVALUATION AUTHORITY
The agreement includes a new general provision that
clarifies the Department's authority to reserve up to 0.5
percent of each ESEA appropriation in the bill, except for
titles I and III of the ESEA, for evaluation of ESEA programs
funded in this act. The Department is directed to provide the
House and Senate Appropriations Committees, Committee on
Education and Workforce, and Committee on HELP an operating
plan describing the proposed uses of this new evaluation
authority, as well as the source appropriation for such
activities. In addition,
[[Page H1044]]
not later than 45 days prior to the submission of the
required operating plan, the Department shall brief the House
and Senate Appropriations Committees, the Committee on
Education and Workforce, and Committee on HELP on the
programs and activities being considered for inclusion in the
plan. Further, the operating plan shall be submitted to the
relevant committees not later than 10 days prior to the
obligation of funds for this purpose. The Department is
expected to include in future congressional budget
justifications a discussion of the planned use of this new
authority.
IMPACT AID
The bill includes a new general provision allowing a
district to carry its section 8002 eligibility to a new
school district that was formed as a result of district
consolidation.
FREE APPLICATION FOR FEDERAL STUDENT AID
The agreement includes a new general provision that
modifies the Free Application for Federal Student Aid and
requires the Department to inform foster youth of their
eligibility for certain financial aid programs.
TITLE IV--RELATED AGENCIES
Corporation for National and Community Service
The increase provided for the Retired Senior Volunteer
Program is intended to rebuild capacity that was lost due to
the sequestration cuts in fiscal year 2013. The CNCS is
directed to provide a description of the proposed use of
funds for Pay for Success activities 30 days in advance of
making any obligations under this authority.
Federal Mediation and Conciliation Service
The bill includes $400,000 for activities authorized by the
Labor-Management Cooperation Act.
Institute of Museum and Library Services
Within the total for IMLS, the bill includes funds for the
following activities in the following amounts:
------------------------------------------------------------------------
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States...................................... $154,848,000
Native American Library Services...................... 3,861,000
National Leadership: Libraries........................ 12,200,000
Laura Bush 21st Century Librarian..................... 10,000,000
Museum Services Act:
Museums for America................................... 20,200,000
Native American/Hawaiian Museum Services.............. 924,000,000
National Leadership: Museums.......................... 7,600,000
African American History and Culture Act:
Museum Grants for African American History & Culture.. 1,407,000
Program Administration................................ 15,820,000
Total............................................... 226,860,000
------------------------------------------------------------------------
Within the amount provided for Program Administration, the
bill includes $1,820,000 for research, data collection, and
evaluation activities.
Railroad Retirement Board
The bill includes language giving the Railroad Retirement
Board the authority to hire new attorneys in the excepted
service.
Social Security Administration
SUPPLEMENTAL SECURITY INCOME
Research and Demonstration.--The Social Security
Administration (SSA) is encouraged to test the impact of
providing community outreach on Social Security programs,
particularly to students, individuals just entering the
workforce, and new parents, on the public's understanding of
Social Security programs.
Limitation on Administrative Expenses
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The bill includes not less than $23,000,000 for the
WIPA program and $7,000,000 for the PABSS program.
Social Security Statements.--The Commissioner is directed
to develop a plan to significantly increase the number of
individuals receiving Social Security Statements annually,
either electronically or by mail. This should include a
significant restoration of the mailing of statements to
ensure that individuals are informed of their contributions
and benefits under Social Security programs and have an
opportunity to review their earnings records and correct any
errors in a timely manner. The Commissioner or her designee
is directed to brief the House and Senate Appropriations
Committees within 60 days of enactment of this act on this
plan, including the intended plan for mailing statements in
fiscal year 2014.
Field Office Closings.--Concerns remain that in recent
years SSA has lacked comprehensive, transparent policies
regarding field office closings, including data on specific
populations impacted by office closures and plans to mitigate
the effects of closures. The Commissioner is directed to
submit a report to the House and Senate Appropriations
Committees within 90 days of enactment of this act on its
policies and procedures for closing and consolidating field
offices, including any policies and procedures related to
assessing the community impacts of closing or consolidating
offices, and the metrics used to calculate short- and long-
term cost savings. In addition, the Commissioner is directed
to provide a readily available public notice of proposed
field office closures to ensure that impacted communities are
aware of proposed changes and allow an opportunity for public
input on the proposed changes and possible mitigation to
ensure continued access to SSA services.
Social Security Number (SSN) Printouts and Benefit
Verification Letters.--The Commissioner is directed to
continue to make SSN Printouts available at field offices
through at least July 31, 2014 and Benefit Verification
Letters available at field offices through at least September
30, 2014. The SSA should continue to encourage third parties
that currently require these documents to use alternative
means and existing online tools to verify the same
information provided in these documents. However, concerns
remain that third parties will not significantly change their
behavior in a short period of time and instead individuals
who are expected to provide these documents, for a variety of
purposes, will be adversely impacted. The Commissioner or her
designee is directed to brief the House and Senate
Appropriations Committees within 30 days of enactment of this
act on planned initiatives to decrease the reliance on field
offices providing these documents, including a detailed
explanation of what assurances will be provided that
individuals will not be adversely impacted. Further, the
Commissioner shall notify the House and Senate Committees on
Appropriations no later than two weeks prior to any
announcement of significant changes to current policies
regarding the availability of these documents at field
offices.
TITLE V--GENERAL PROVISIONS
REPROGRAMMING AUTHORITY
The bill modifies the general provision related to
reprogramming authority.
HEAL TRANSFER
The agreement includes a new general provision that
permanently transfers the Health Education Assistance Loan
program from the Department of Health and Human Services to
the Department of Education.
PERFORMANCE PARTNERSHIPS
The agreement includes a new general provision establishing
performance partnership pilots related to discretionary funds
available in this act.
PUBLIC ACCESS
The agreement includes a new general provision to promote
public access to research supported by federal funding.
COMPUTER RESTRICTIONS
The bill includes a new general provision requiring
computer networks supported with funds under this act to
block pornography.
[[Page H1045]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.425
[[Page H1046]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.426
[[Page H1047]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.427
[[Page H1048]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.428
[[Page H1049]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.429
[[Page H1050]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.430
[[Page H1051]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.431
[[Page H1052]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.432
[[Page H1053]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.433
[[Page H1054]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.434
[[Page H1055]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.435
[[Page H1056]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.436
[[Page H1057]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.437
[[Page H1058]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.438
[[Page H1059]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.439
[[Page H1060]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.440
[[Page H1061]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.441
[[Page H1062]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.442
[[Page H1063]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.443
[[Page H1064]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.444
[[Page H1065]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.445
[[Page H1066]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.446
[[Page H1067]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.447
[[Page H1068]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.448
[[Page H1069]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.449
[[Page H1070]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.450
[[Page H1071]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.451
[[Page H1072]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.452
[[Page H1073]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.453
[[Page H1074]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.454
[[Page H1075]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.455
[[Page H1076]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.456
[[Page H1077]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.457
[[Page H1078]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.458
[[Page H1079]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.459
[[Page H1080]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.460
[[Page H1081]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.461
[[Page H1082]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.462
[[Page H1083]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.463
[[Page H1084]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.464
[[Page H1085]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.465
[[Page H1086]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.466
[[Page H1087]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.467
[[Page H1088]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.468
[[Page H1089]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.469
[[Page H1090]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.470
[[Page H1091]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.471
[[Page H1092]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.472
[[Page H1093]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.473
[[Page H1094]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.474
[[Page H1095]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.475
[[Page H1096]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.476
[[Page H1097]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.477
[[Page H1098]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.478
[[Page H1099]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.479
[[Page H1100]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.480
[[Page H1101]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.481
[[Page H1102]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.482
[[Page H1103]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.483
[[Page H1104]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.484
[[Page H1105]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.485
[[Page H1106]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.486
[[Page H1107]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.487
[[Page H1108]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.488
[[Page H1109]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.489
[[Page H1110]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.490
[[Page H1111]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.491
[[Page H1112]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.492
[[Page H1113]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.493
[[Page H1114]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.494
[[Page H1115]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.495
[[Page H1116]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.496
[[Page H1117]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.497
[[Page H1118]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.498
[[Page H1119]]
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014
The following is an explanation of the effects of Division
I, which makes appropriations for the Legislative Branch for
fiscal year 2014. Unless otherwise noted, reference to the
House and Senate reports are to House Report 113-173 and
Senate Report 113-70. The language included in House Report
113-173 and Senate Report 113-70 should be complied with and
carry the same emphasis as the language included in the
explanatory statement, unless specifically addressed to the
contrary in this explanatory statement. While repeating some
report language for emphasis, this explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein.
Reprogramming Guidelines.--It is expected that all agencies
notify the Committees on Appropriations of the House and the
Senate of any significant departures from budget plans
presented to the Committees in any agency's budget
justifications. In particular, agencies funded through this
bill are required to notify the Committees prior to each
reprogramming of funds in excess of the lesser of 10 percent
or $500,000 between programs, projects or activities, or in
excess of $500,000 between object classifications (except for
shifts within the pay categories, object class 11, 12, and 13
or as further specified in each agency's respective section).
This includes cumulative reprogrammings that together total
at least $500,000 from or to a particular program, activity,
or object classification as well as reprogramming FTEs or
funds to create new organizational entities within the Agency
or to restructure entities which already exist. The
Committees desire to be notified of reprogramming actions
which involve less than the above-mentioned amounts if such
actions would have the effect of changing an agency's funding
requirements in future years or if programs or projects
specifically cited in the Committees' reports are affected.
TITLE I--SENATE
The agreement includes $859,118,054 for Senate operations.
This item relates solely to the Senate, and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention.
Within the account titled ``Contingent Expenses of the
Senate, Inquiries and Investigations'', $720,000 is provided
to enhance oversight of intelligence matters. A report,
classified and unclassified, regarding findings shall be
provided to the Senate Committee on Appropriations.
ADMINISTRATIVE PROVISION
The agreement provides authority to use prior year funds
for workers compensation.
HOUSE OF REPRESENTATIVES
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS
The agreement includes $174,000 for payment to the widow of
Bill Young, late a Representative from the State of Florida.
SALARIES AND EXPENSES
The agreement includes $1,180,736,000 for House operations.
This item relates solely to the House, and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in
Members' Representational Allowances account to be used for
deficit or debt reduction.
The agreement provides authority to use prior year funds
for unemployment compensation.
The agreement provides for transfer among the accounts
disbursed by the House Chief Administrative Officer.
JOINT ITEMS
JOINT ECONOMIC COMMITTEE
The agreement includes $4,203,000 for salaries and
expenses.
JOINT COMMITTEE ON TAXATION
The agreement includes $10,004,000 for salaries and
expenses.
OFFICE OF THE ATTENDING PHYSICIAN
The agreement includes $3,400,000.
OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES AND EXPENSES
The agreement includes $1,387,000.
CAPITOL POLICE
SALARIES
The agreement includes $279,000,000 for salaries of the
Capitol Police. This will support a staffing level of 1,775
sworn officers and 370 civilian personnel.
New Posts.--The Capitol Police is directed to notify the
Committees on Appropriations of the House and Senate when new
posts are created, including the annualized cost of
maintaining the new post, and how the cost will be offset.
Overtime.--The agreement recommends no more than
$22,802,195 for overtime in fiscal year 2014, unless the
Committees on Appropriations of the House and the Senate are
notified of plans to exceed that amount. These funds support
the base, unscheduled, Library of Congress non-reimbursable,
and training. Included is $740,000 for overtime within the
AOC account for requirements associated with the
rehabilitation of the U.S. Capitol Dome and West
Refrigeration Plant Revitalization. The Capitol Police is
encouraged to stay within that amount and directed to provide
for any additional requirement costs beyond the $740,000 out
of the Capitol Police overtime allocation.
GENERAL EXPENSES
The agreement includes $59,459,000 for general expenses of
the Capitol Police.
ADMINISTRATIVE PROVISIONS
(including transfer of funds)
The agreement authorizes transfers between the Salaries and
General Expenses accounts of the Capitol Police.
The agreement provides a technical correction for the
payment to the Employees' Compensation Fund.
OFFICE OF COMPLIANCE
SALARIES AND EXPENSES
The agreement includes $3,868,000.
ADMINISTRATIVE PROVISIONS
The agreement makes permanent the authorization for the
payment of awards and settlements.
The agreement requires a semiannual report of
disbursements.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The agreement includes $45,700,000 for salaries and
expenses.
ADMINISTRATIVE PROVISION
The agreement gives authority for the Congressional Budget
Office to accept the services of student volunteers.
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
The agreement includes $90,276,946 for General
Administration, of which $599,000 shall remain available
until September 30, 2018.
With respect to operations and projects, the House and
Senate have agreed to the following:
Operating Budget:.................................... $89,677,946
Project Budget:..................................
1. Conservation of Fine and Architecture Art..... 599,000
------------------
Total, General Administration................ $90,276,946
CAPITOL BUILDING
The agreement includes $61,376,000, for maintenance, care,
and operation of the Capitol, of which $21,400,000 shall
remain available until September 30, 2018 and $15,940,000
shall remain available until expended solely for expenses
related to the rehabilitation of the U. S. Capitol Dome.
With respect to operations and projects, the following is
agreed to:
Operating Budget:.................................... $24,036,000
Project Budget:
1. Dome Restoration, Interior, Phase IIB......... 15,940,000
2. Exterior Stone & Metal Preservation, North 16,600,000
Extension, Exterior Lighting, Phase I...........
3. Brumidi Corridors Restoration and Conservation 800,000
Plan............................................
4. Minor Construction............................ 4,000,000
------------------
Total, Capitol Building...................... $61,376,000
CAPITOL GROUNDS
The agreement includes $13,860,000 for the care and
improvements of the grounds surrounding the Capitol, House
and Senate office buildings, and the Capitol Power Plant, of
which $4,000,000 shall remain available until September 30,
2018.
With respect to operations and projects, the following was
agreed to:
Operating Budget:.................................... $9,860,000
Project Budget:
1. Union Square Stabilization.................... 2,500,000
2. Minor Construction............................ 1,500,000
------------------
Total, Capitol Grounds....................... $13,860,000
SENATE OFFICE BUILDINGS
The agreement includes $72,990,000 for the maintenance,
care and operation of the Senate office buildings, of which
$16,000,000 shall remain available until September 30, 2018.
This item relates solely to the Senate and is in accordance
with long practice under which each body determines its own
housekeeping requirements, and the other concurs without
intervention.
Operating Budget:.................................... $56,990,000
Project Budget:
1. Exterior Envelope Repair & Restoration, RSOB.. 8,700,000
2. Kitchen Exhaust System Upgrade, Phase I, DSOB. 3,300,000
3. Minor Construction............................ 4,000,000
------------------
Total, Senate Office Buildings............... $72,990,000
HOUSE OFFICE BUILDINGS
The agreement includes $71,622,000 for the basic and
recurring needs of the House within the House Office
Buildings account, of which $9,100,000 shall remain available
until September 30, 2018.
Operating Budget:.................................... $62,522,000
Project Budget:
1. CAO Project Support........................... 3,600,000
2. Minor Construction............................ 5,500,000
Total, House Office Buildings (base program). $71,622,000
House Historic Buildings Revitalization Trust Fund.-- In
addition to funding for core facility needs, the agreement
includes $70,000,000 for the Historic Buildings
Revitalization Trust Fund, to remain available until
expended.
As these funds relate solely to the House, and is in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.
CAPITOL POWER PLANT
In addition to the $9,000,000 made available from receipts
credited as reimbursements to
[[Page H1120]]
this appropriation, the agreement includes $116,678,000 for
maintenance, care and operation of the Capitol Power Plant,
of which $32,500,000 shall remain available until September
30, 2018.
With respect to operations and project differences, the
agreement includes the following:
Operating Budget:.................................... $93,178,000
Project Budget:
1. WRPE Cooling Tower Addition, RPR, Phase IIB... 13,200,000
2. WRPE Chiller Addition......................... 13,000,000
3. Cogeneration Management Program............... 2,300,000
4. Minor Construction............................ 4,000,000
------------------
Subtotal, Capitol Power Plant................ $125,678,000
Offsetting Collections................... (9,000,000)
------------------
Total, Capitol Power Plant........... $116,678,000
=========================== NOTE ===========================
January 15, 2014 on H1120 the following appeared: Offsetting
Collections........................ 9,000 Total, Capitol Power Plant.
========================= END NOTE =========================
The online version should be corrected to read: Offsetting
Collections........................ 9,000 Total, Capitol Power
Plant..................................... $116,678,000
LIBRARY BUILDINGS AND GROUNDS
The agreement includes $53,391,000 for Library of Congress
buildings and grounds, of which $28,531,000 shall remain
available until September 30, 2018.
With respect to operations and projects, the following is
agreed to:
Operating Budget:.................................... $24,860,000
Project Budget:
1. Fire Door Improvements, Phase II, LOC......... 3,781,000
2. Secured Storage Facilities, Phase IV of IV, 2,400,000
Basement, JMMB..................................
3. Direct Digital Controls Upgrade, Phase I, JMMB 2,150,000
4. Collection Storage Module 5, LOC.............. 18,200,000
5. Minor Construction............................ 2,000,000
------------------
Total, Library Buildings and Grounds......... $53,391,000
CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY
The agreement includes $19,348,000 for Capitol Police
Buildings, Grounds, and Security, of which $1,814,000 shall
remain available until September 30, 2018.
With respect to operations and projects, the following is
agreed to:
Operating Budget: $17,534,000
Project Budget:
1. Chiller Replacement and Chilled Water System 814,000
Expansion, Alternate Computer Facility..........
2. Minor Construction............................ 1,000,000
------------------
Total, Capitol Police Buildings, Grounds, and $19,348,000
Security....................................
BOTANIC GARDEN
The agreement includes $11,856,000 for salaries and
expenses for the Botanic Garden, of which $2,082,000 shall
remain available until September 30, 2018.
With respect to operations and projects, the following is
agreed to:
Operating Budget:.................................... $9,774,000
Project Budget:
1. Minor Construction............................ 2,082,000
Total, Botanic Garden........................ $11,856,000
CAPITOL VISITOR CENTER
The agreement includes $20,632,000 for the Capitol Visitor
Center.
ADMINISTRATIVE PROVISIONS
The agreement includes provisions requiring a semi-annual
disbursement report, providing certain authority to the House
Office Building Commission, and providing for collection and
sale of recyclable materials.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
The agreement includes $405,702,000 in direct
appropriations, of which $7,119,000 is to remain available
until expended for digital collections and educational
curricula program.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
The agreement includes $18,180,000 in direct appropriations
to the Copyright Office. An additional $33,444,000 is made
available from receipts for salaries and expenses.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
The agreement includes $105,350,000 for salaries and
expenses.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
The agreement includes $49,750,000 for salaries and
expenses. This amount includes $650,000 for costs to provide
recorded newspaper services for the blind and physically
handicapped.
ADMINISTRATIVE PROVISIONS
The agreement authorizes obligational authority for
reimbursable and revolving funds.
The agreement authorizes permanent transfer authority
between categories of appropriations under the heading
``Library of Congress''.
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING AND BINDING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $79,736,000 for authorized printing
and binding for the Congress. This agreement does not include
language that allows the Architect of the Capitol to use the
Congressional Printing and Binding appropriation.
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $31,500,000.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The agreement includes $8,064,000.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The agreement includes $505,383,000 in direct
appropriations for salaries and expenses of the Government
Accountability Office. In addition, $32,368,000 is available
from offsetting collections.
ADMINISTRATIVE PROVISION
The agreement provides for the collection of fees for bid
protests.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
The agreement includes $6,000,000 for payment to the Open
World Leadership Center Trust Fund.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
The agreement includes $430,000.
TITLE II--GENERAL PROVISIONS
The agreement continues eleven routine provisions carried
in prior years. In addition the agreement includes provisions
related to reducing copies of the United States Code and
commercial activity on Union Square.
[[Page H1121]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.499
[[Page H1122]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.500
[[Page H1123]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.501
[[Page H1124]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.502
[[Page H1125]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.503
[[Page H1126]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.504
[[Page H1127]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.505
[[Page H1128]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.506
[[Page H1129]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.507
[[Page H1130]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.508
[[Page H1131]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.509
[[Page H1132]]
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 113-90 and Senate
Report 113-48 should be complied with unless specifically
addressed to the contrary in this explanatory statement.
Report language included by the House, which is not changed
by the report of the Senate or this explanatory statement,
and Senate report language, which is not changed by this
explanatory statement, is approved by the Committees on
Appropriations of both Houses of Congress. This explanatory
statement, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where the House or
the Senate has directed the submission of a report, such
report is to be submitted to both Houses of Congress. House
or Senate reporting requirements with deadlines prior to, or
within 15 days after, enactment of this Act shall be
submitted no later than 60 days after enactment of this Act.
All other reporting deadlines not changed by this explanatory
statement are to be met.
TITLE I--DEPARTMENT OF DEFENSE
Incrementally Funded Projects.--The Administration
requested several large military construction projects that
can be incrementally funded, but were instead submitted as
large single-year requests, in accordance with a directive
from the Office of Management and Budget to the Department of
Defense to severely restrict the use of incremental funding
for military construction. The Committees on Appropriations
of both Houses of Congress have previously notified the
Administration that they reserve the prerogative to provide
incremental funding where appropriate, in accordance with
authorizing legislation. In general, the Committees support
full funding for military construction projects. In some
cases, however, incremental funding makes fiscal and
programmatic sense. The agreement therefore incrementally
funds the following projects: Fort Knox Ambulatory Health
Center, Kentucky; Fort Bliss Hospital Replacement, Texas and
Rhine Ordnance Barracks Medical Center Replacement, Germany.
Additional reductions.--The military construction funding
allocation resulting from the congressional budget agreement
is $1,203,633,000 below the fiscal year 2014 budget request.
The agreement reflects the necessity to reduce or eliminate
funding for a number of otherwise meritorious projects to
meet the budget constraints. Of note, many of these projects
are authorized in the National Defense Authorization Act for
Fiscal Year 2014. In accordance with section 115 of this
title, the Committees encourage the Department of Defense to
submit reprogramming requests for authorized projects that
under other circumstances would have been funded should
adequate funding become available within the Department.
European Consolidation Study.--The Committees are aware
that the Department of Defense (DOD) is conducting a European
Consolidation Study in an effort to reduce DOD's
infrastructure in Europe. The study is ongoing, and the
projected completion date remains uncertain. Nevertheless,
DOD's fiscal year 2014 budget request included nearly
$631,000,000 for 14 projects in Germany and the United
Kingdom that could be affected by the outcome of the study.
The agreement does not provide funding for several of these
projects which require further strategic evaluation, and
fences funding for the remaining projects pending completion
of the consolidation study and certification by the Secretary
of Defense of the continued requirement of each of the
relevant projects.
Pacific Air Resiliency (PAR) Initiative.--The Department of
Defense is conducting a PAR study to assess requirements to
protect U.S. air assets in the Pacific, including Anderson
Air Force Base in Guam. The study is focused on a three-
pronged approach including hardening of key facilities,
dispersal of aircraft, and rapid runway repair. Although the
study has not been completed or its findings validated, the
budget request included six Air Force PAR projects in Guam
and Saipan. The Committees believe it is premature to assess
air resiliency priorities without the final results of the
PAR plan encompassing the entire Pacific Command Area of
Responsibility. The agreement therefore fences funding for
the pertinent Air Force projects in Guam and Saipan until the
final PAR plan is transmitted to Congress, and the Secretary
of Defense certifies the requirement for each of the
projects.
Special Operations Command Resiliency and Human Performance
Centers.--The agreement does not include funding for the
three Performance Centers requested in the budget submission.
While the Committees support the overall concept of the
Centers there are still questions as to the requirements of
the program and the associated facility requirements. As
requested in House Report 113-90, the Command Surgeon US
Special Operations Command is directed to provide the
congressional defense committees a master plan for these
facilities by installation and fiscal year including unit
cost, square footage and how treatment will be incorporated
into the servicemembers' Service Treatment Record no later
than 90 days after enactment of this Act.
Real Property.--The Committees recognize the importance of
eliminating wasteful spending on unused Department of Defense
(DOD) facilities and properties that have been rated at zero
percent utilization. The DOD is urged to manage its
facilities and properties in a responsible manner that does
not waste taxpayer resources.
Competitive Contracts.--The Committees note the importance
of competitive bidding for Department of Defense construction
projects. The Department, including the Military Services and
related agencies, is encouraged to award contracts through
the use of competitive procedures as appropriate. The
Secretary of Defense is urged to use these and other duly
established legislative and regulatory guidelines for
construction contracts and to keep accurate records of
contracts that receive multiple bids.
DOD Unified Facilities Criteria (UFC) Implementation Report
Update.--The agreement urges the Department to provide an
assessment of the progress and barriers to the implementation
of UFC 2-100-01. This assessment should include the status of
each installation's master plan and its plan elements; the
status of compliance with Military Development Sustainability
criteria for all completed area development plans; and the
status of master planning training for installation
commanders and master planners.
MILITARY CONSTRUCTION, ARMY
The agreement provides $1,104,875,000 for Military
Construction, Army. Within this amount, the agreement
provides $64,575,000 for study, planning, design, architect
and engineer services, and host nation support.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $1,629,690,000 for Military
Construction, Navy and Marine Corps. Within this amount, the
agreement provides $80,638,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE
The agreement provides $1,052,796,000 for Military
Construction, Air Force. Within this amount, the agreement
provides $11,314,000 for study, planning, design, architect
and engineer services.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $3,445,423,000 for Military
Construction, Defense-Wide. Within this amount, the agreement
provides $205,185,000 for study, planning, design, architect
and engineer services.
Energy Conservation Investment Program (ECIP).--The
agreement provides $150,000,000 for ECIP. Additionally, the
agreement provides $10,000,000 in dedicated funding for ECIP
planning and design. The Committees strongly support the
efforts of the Department of Defense to promote energy
conservation, green building initiatives, energy security,
and investment in renewable energy resources, and commend the
leadership of the Department and the Services for making
energy efficiency a key component of construction on military
installations. The Department is urged to use the dedicated
planning and design funds to invest in innovative renewable
energy projects as well as projects that enhance energy
security at military installations.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The agreement provides $314,740,000 for Military
Construction, Army National Guard. Within this amount, the
agreement provides $22,930,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The agreement provides $119,800,000 for Military
Construction, Air National Guard. Within this amount, the
agreement provides $13,400,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The agreement provides $156,560,000 for Military
Construction, Army Reserve. Within this amount, the agreement
provides $14,212,000 for study, planning, design, architect
and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The agreement provides $29,000,000 for Military
Construction, Navy Reserve. Within this amount, the agreement
provides $2,540,000 for study, planning, design, architect
and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The agreement provides $45,659,000 for Military
Construction, Air Force Reserve. Within this amount, the
agreement provides $2,229,000 for study, planning, design,
architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The agreement provides $199,700,000 for the North Atlantic
Treaty Organization Security Investment Program.
FAMILY HOUSING CONSTRUCTION, ARMY
The agreement provides $27,408,000 for Family Housing
Construction, Army.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The agreement provides $512,871,000 for Family Housing
Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $73,407,000 for Family Housing
Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The agreement provides $379,444,000 for Family Housing
Operation and Maintenance, Navy and Marine Corps.
[[Page H1133]]
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The agreement provides $76,360,000 for Family Housing
Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $388,598,000 for Family Housing
Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $55,845,000 for Family Housing
Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The agreement provides $1,780,000 for the Department of
Defense Family Housing Improvement Fund.
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
The agreement provides $122,536,000 for Chemical
Demilitarization Construction, Defense-Wide.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The agreement provides $451,357,000 for the Department of
Defense Base Closure Account.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property
taxes in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering
services for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Sea. The
Department's military construction program remains key to
advancing U.S. security interests in these regions. The
Government Accountability Office is therefore directed to
provide a report to the congressional defense committees not
later than 180 days after enactment of this Act that examines
the potential benefits/problems with expanding the
geographical area for American contractor preference to
include countries within the United States Central Command
Area of Responsibility.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 limiting obligations in
the last two months of the fiscal year.
The agreement includes section 115 allowing funds
appropriated in prior years for new projects authorized
during the current session of Congress.
The agreement includes section 116 allowing the use of
expired or lapsed funds to pay the cost of supervision for
any project being completed with lapsed funds.
The agreement includes section 117 allowing military
construction funds to be available for five years.
The agreement includes section 118 allowing the transfer of
proceeds between BRAC accounts.
The agreement includes section 119 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Fund.
The agreement includes section 120 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 121 limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The agreement includes section 122 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 123 placing limitations on
the expenditure of funds for projects impacted by BRAC 2005.
The agreement includes section 124 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 125 restricting the
obligation of funds for relocating an Army unit that performs
a testing mission.
The agreement includes section 126 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 127 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at
Arlington National Cemetery.
The agreement includes section 128 prohibiting the use of
funds made available in this Act for decommissioning an Air
Force power plant pending a review by the Government
Accountability Office.
The agreement includes section 129 allowing the Secretary
of the Army to obligate from available funds to complete a
prior year project.
The agreement includes section 130 rescinding unobligated
balances from the Military Construction, Army account.
The agreement includes section 131 rescinding unobligated
balances from the Military Construction, Navy and Marine
Corps account.
The agreement includes section 132 rescinding unobligated
balances from the Military Construction, Air Force account.
The agreement includes section 133 rescinding unobligated
balances from the Military Construction, Defense-Wide
account.
The agreement includes section 134 rescinding unobligated
balances from the Military Construction, Air National Guard
account.
The agreement includes section 135 rescinding unobligated
balances from the fund established by Sec. 103(d) of 42
U.S.C. 3374 for expenses associated with the Homeowners
Assistance Program.
[[Page H1134]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.510
[[Page H1135]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.511
[[Page H1136]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.512
[[Page H1137]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.513
[[Page H1138]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.514
[[Page H1139]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.515
[[Page H1140]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.516
[[Page H1141]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.517
[[Page H1142]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.518
[[Page H1143]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.519
[[Page H1144]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.520
[[Page H1145]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.521
[[Page H1146]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.522
[[Page H1147]]
TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Disability Claims Backlog.--The backlog of veterans
compensation claims for service-connected disabilities
remains one of the most pressing problems at the Department
of Veterans Affairs (VA). Despite progress made over the past
six months and the efforts of the VA to improve its
processes, increase staffing, and increase automation, it is
clear that problems persist, and more needs to be done to
ensure that veterans are receiving timely access to the
benefits they have earned. To that end, the agreement
incorporates the Senate-proposed 10-point action plan to give
VA additional tools to address the backlog and strengthen
accountability by enhancing equipment and access to
electronic medical records, and by strengthening training,
personnel resources, quality oversight, and accountability.
This plan is focused not only on production but also on
accuracy in an effort to ensure veterans receive fair
compensation at the outset and do not encounter additional
delays by having to appeal decisions.
The plan includes the following elements:
Provides $20,000,000 above the budget request to upgrade
computer hardware, such as servers, at regional offices to
handle the advanced program requirements of the Veterans
Benefits Management System (VBMS). Hardware upgrades are
needed to achieve maximum VBMS system performance, now that
VBMS has been installed in all regional offices.
Makes available a total of $90,000,000, as requested, for
overtime for claims processors, as well as an additional
$10,000,000 over the budget request for training of claims
processors and resources to maintain office functions during
periods of training, in order to increase production and help
eliminate the claims backlog.
Directs the VA to increase training of claims processors to
achieve not only expedited production but also to ensure
quality and accuracy to reduce claims appeals. Additionally,
training programs are to be accompanied by regular testing
and monitoring of poorly performing regional offices to
identify and remediate performance problems.
Directs the VA to provide quality review teams and to
conduct spot audits at regional offices to assess the
performance of claims processing operations and flag any
management or operational weaknesses.
Directs the VA to create specialized staff functions at
selected regional offices for certain types of complex
claims, such as claims for posttraumatic stress disorder
(PTSD) or traumatic brain injury (TBI) compensation. With the
VBMS paperless claims system, these specialized staff will be
able to use their expertise to field targeted claims
nationwide.
Directs the VA to have the data management capability to
receive all Department of Defense (DOD) records in an
electronic format by February, 2014. The DOD is implementing
a program to have all service treatment records digitized and
sent electronically to VA. DOD must accelerate this effort to
achieve full electronic transmission of records by February,
2014, and VA must be prepared to accept them.
Requires the VA to provide rigorous, publicly available
Web-based monthly reports to the Committees on performance
measures for each regional office, including the number of
backlogged claims, the average number of days to complete a
claim, and error rates.
Requires the VA to submit quarterly reports that include
the number of claims personnel in each regional office,
corrective action taken to remedy any problems at poorly
performing offices, training programs undertaken by regional
offices, and quality review team audits performed during the
quarter.
Directs the VA Inspector General, in coordination with the
DOD Inspector General, to examine the processes and
procedures involved in the transmission of medical and other
records from DOD to VA to identify any problem areas and
provide recommendations for improvements. Similar language is
included in the DOD appropriations division.
Provides $88,294,000 for the Board of Veterans Appeals,
$12,862,000 over the request, to support additional personnel
to address the backlog of appeals.
The Committees strongly believe that eradicating the
veterans benefits claims backlog must remain a top priority
of the VA, and will continue to closely monitor the agency's
progress on this front. The initiatives outlined above are
intended to provide the necessary resources and checkpoints
to assist the VA in expediting the processing of claims while
ensuring the accuracy and oversight of the process.
Military Sexual Trauma.--The agreement incorporates the
language in the Senate report directing the Department to
submit a report to the Committees regarding the Veterans
Benefits Administration's (VBA) review of denied military
sexual trauma cases in which posttraumatic stress disorder
was the condition claimed by the veteran. In addition, the
agreement incorporates House language strongly encouraging
the VA to strengthen the resources provided to veterans who
were victims of military sexual assault and directs the
Department to submit to the Committees within 180 days of
enactment of this Act a report detailing the VA's strategy to
ensure that appropriate mental health services are readily
available for these veterans.
Budget Justifications.--The agreement incorporates the
directions given in the House report regarding the medical
care obligations budget display; provision of an expenditure
plan within 20 days of receiving a full-year appropriation;
and quarterly full-time equivalent (FTE) employee reporting.
The FTE quarterly reports should include FTE funded through
reimbursement as well as FTE supported through direct
appropriation. The agreement also incorporates the directions
given in the Senate report regarding data modifications for
the updated actuarial model; actual operational savings; and
a zero-based budget build for components within the Medical
Support and Compliance account. The direction given in both
the House and Senate reports regarding the allocation of
health funding distributed to the Veterans Integrated Service
Networks (VISNs), headquarters, and medical centers is
expanded to include Medical Support and Compliance and
Medical Facilities funding.
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $71,476,104,000 for Compensation and
Pensions, reflecting new estimates provided in the
Administration's mid-session review. Of the amount provided,
not more than $17,049,000 is to be transferred to General
Operating Expenses, Veterans Benefits Administration and
Information Technology Systems for reimbursement of necessary
expenses in implementing provisions of title 38.
READJUSTMENT BENEFITS
The agreement provides $13,135,898,000 for Readjustment
Benefits.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $77,567,000 for Veterans Insurance
and Indemnities.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides that $158,430,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $5,000 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $354,000 to be paid to the appropriation for General
Operating Expenses, Veterans Benefits Administration. The
agreement provides for a direct loan limitation of
$2,500,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,109,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
VETERANS HEALTH ADMINISTRATION MEDICAL SERVICES
The agreement provides $45,015,527,000 in advance for
fiscal year 2015 for Medical Services. The agreement also
provides $40,000,000 for fiscal year 2014 in addition to the
advance appropriation provided last year. The agreement
incorporates direction given in the House and Senate reports
with regard to vet centers, suicide prevention outreach, and
the National Centers for Posttraumatic Stress Disorder. As
such, the agreement has provided an additional $15,000,000 in
fiscal year 2014 for vet centers, $20,000,000 for suicide
prevention outreach, and additional funds for the National
Centers for Posttraumatic Stress Disorder.
The agreement includes $250,000,000 for rural health care,
as requested. This funding continues the Rural Health
Initiative established by Congress in fiscal year 2009 to
ensure that the VA dedicates sufficient resources to reach
veterans residing in rural and highly rural areas who do not
have immediate access to a veterans medical center or
community based outpatient clinic. The Committees strongly
encourage the VA to continue to improve the accessibility,
efficiency and effectiveness of care for rural veterans,
including an expansion of telemedicine, mobile clinics, vet
centers, and, in the case of medically underserved areas,
contracting with local providers, particularly in the area of
mental health.
Mental Health Community Service Demonstrations.--The
agreement incorporates the mental health demonstration to
expand services through community partnerships described in
the House report. Applicants and awardees should be evaluated
on the basis of service improvement metrics that include (1)
reductions in access time to routine and urgent treatment;
(2) reductions in readmission rates to behavioral and
chemical dependency treatment programs; (3) reductions in the
level of substance abuse and related co-occurring behavioral
health conditions; and (4) improved linkages to employment
and housing services.
Opioid Prescription Drug Abuse Among Veterans.--To address
the serious problem of opioid prescription overuse and misuse
for the veterans population, the VA is directed to provide
data no later than 90 days after enactment of this Act
identifying the number and percentage of all VA physicians
who have taken continuing medical education courses on opioid
prescribing in the management of acute and chronic pain, as
well as the mechanisms used to track how and when physicians
complete courses related to pain management or opioid
prescribing.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $5,879,700,000 in advance for fiscal
year 2015 for Medical Support and Compliance.
[[Page H1148]]
MEDICAL FACILITIES
The agreement provides $4,739,000,000 in advance for fiscal
year 2015 for Medical Facilities. The agreement also provides
$85,000,000 for fiscal year 2014 in addition to the advance
appropriation provided last year, to be used to address the
backlog of non-recurring maintenance needs at existing VA
hospitals and clinics.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $585,664,000 for Medical and
Prosthetic Research.
Traumatic Brain Injury Research.--In recognition of the
tremendous toll TBI and PTSD take on veterans, the agreement
provides increased resources for research to identify
innovative new medicines and enhanced diagnostics for these
disabling conditions.
Annual Disease Areas Research Spending Report.--To increase
the transparency of how research funding is allocated, the
Department is directed to submit on an annual basis a report
detailing how funding provided within the Medical and
Prosthetic Research account is allocated by disease area.
NATIONAL CEMETERY ADMINISTRATION
The agreement provides $250,000,000 for the National
Cemetery Administration. Of the amount provided, $25,000,000
is available until September 30, 2015.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $415,885,000 for General
Administration. Of the amount provided, $20,151,000 is
available for obligation until September 30, 2015. The
agreement includes language permitting the transfer of funds
from this account to General Operating Expenses, Veterans
Benefits Administration.
The agreement includes bill language designating not less
than $88,294,000 for the Board of Veterans Appeals, an
increase of $12,862,000 above the budget request for
additional personnel to address the backlog of appeals. The
Department is directed to provide to the Committees within 30
days of enactment of this Act a fiscal year 2014 staffing
plan for the Board.
The agreement includes the following funding levels:
[In thousands of dollars]
------------------------------------------------------------------------
Office Amount
------------------------------------------------------------------------
Office of the Secretary.................................... 10,032
Board of Veterans Appeals.................................. 88,294
Office of General Counsel.................................. 80,365
Office of Management....................................... 44,098
Office of Human Resources and Administration............... 68,064
Office of Policy and Planning.............................. 25,009
Office of Operations, Security and Preparedness............ 17,901
Office of Public and Intergovernmental Affairs............. 22,279
Office of Congressional and Legislative Affairs............ 5,969
Office of Acquisition, Logistics and Construction.......... 53,874
Total.................................................. 415,885
------------------------------------------------------------------------
Board of Veterans Appeals Backlog.--The agreement provides
$88,294,000 for the Board of Veterans Appeals to support
increased staffing levels and provide additional staff
training. However, current projections estimate a 229 percent
increase in the year-end remaining inventory of appeals by
2017--a situation that additional staffing alone will not be
able to manage. Therefore, process inefficiencies must be
identified to decrease the length of time to process appeals.
VA is directed to extend and expand the one-year pilot
launched in 2012 which identified six areas of efficiencies
that were possible. This pilot resulted in a decrease in
appeal processing time from 1,445 to 193 days--a decrease
equivalent to three years. In addition, VA is directed to
conduct a review of the variation in the length of time it
takes veterans service organizations (VSOs) to assist
veterans in their appeals--which averages 194 days, but is as
high as 360 days at some VSOs. The VA review should identify
the successful practices used by some VSOs to minimize delays
and prioritize their adoption by the VSOs.
The VA Departmental Strategic Plan does not address efforts
to reduce appeals backlogs, and the Board does not have an
official strategic plan for addressing the current backlog or
the projected wave of future case receipts. Since 76 percent
of the time it takes to resolve appeals is under control of
the VBA rather than the Board, it is essential that the
Secretary's office be the entity to develop the appeals
strategic plan. The plan should address issues such as
whether the regional offices should retain their authority to
allocate staff resources between claims processing and
appeals activities. The strategic plan approved by the
Secretary should be provided to the Committees no later than
180 days after enactment of this Act.
VA Contractor Problems.--There continue to be issues with
the contracting practices of the VA. The agreement directs
the Department to submit a report not later than 60 days
after enactment of this Act describing the number of active
prime contractors that, despite alleged review by VA, do not
have a satisfactory performance record; do not have a
satisfactory record of integrity and business ethics; or have
a pending civil lawsuit or have had a lawsuit brought by
subcontractors and material suppliers for failure to make
timely payments.
Third Party Health Billing Collection.--The Department is
required to submit an annual report identifying the amount of
third party health billings that are owed to VA and the
annual amount collected. The report should describe VA's plan
to capture the third party billings that currently go
uncollected.
Senior VA Staff Performance Lapses.--Congress has been
alarmed by instances of VA Senior Executive Service (SES)
employees receiving performance bonuses even when negligence
in medical care or failure to meet performance standards have
been identified within the employee's facility or office.
Members in both the House and Senate have expressed their
serious concern about particular awards, and multiple
oversight hearings have highlighted the Department's flawed
evaluation process. However, recent actions taken by VA have
attempted to address Congress's concerns. All Senior
Executive award decisions are now centrally managed, using a
new award methodology that makes meaningful distinctions
within each of the five rating levels. The Secretary
emphasized the linkage between organizational results (or
lack thereof) when he made the decision to withhold
performance awards for the entire Veterans Benefits
Administration Senior Executive cadre based on its failure to
meet targets to reduce the claims backlog. This message was
also communicated when the Secretary elected not to submit
any Senior Executive nominations to the Presidential Rank
Award program in 2013. The Department also added a step prior
to the issuance of final ratings --conducting a review across
the Department to determine if any issues had surfaced which
would indicate that a final rating should be deferred. The
central office is responsible for conducting this review to
ensure its breadth and depth. In addition, the Inspector
General, the General Counsel, and the Equal Employment
Opportunity Commission are contacted to determine if issues
have been reported concerning any SES employees. Finally, VA
has reduced the value of its highest award and average award
by almost 50 percent since 2009. These are positive steps,
but the Congress will remain vigilant in the coming months to
ensure that this corrective action is sufficient.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $2,465,490,000 for General Operating
Expenses, Veterans Benefits Administration and makes
available not to exceed $123,000,000 of this funding until
the end of fiscal year 2015. The agreement includes
$10,000,000 above the budget request to train claims
processors in the lowest performing regional offices and to
provide personnel resources to keep those offices open during
the time period training occurs.
Claims Backlog Reporting Requirements.--The VA is directed
to provide monthly reports to the Committees on claims
processing performance measures for each regional office,
including the number of backlogged claims, the percentage of
total pending claims that are backlogged, the average number
of days to complete a claim, the accuracy rate, and the
origination date of the oldest claim in each regional
office's inventory. This report should be submitted
electronically in a computable spreadsheet format and posted
on the agency's Web site. Each report is due no later than 10
calendar days after the end of the month. In addition, the
agreement includes administrative provision section 230
requiring the VA to submit quarterly reports for each
regional office describing claims processing performance,
size of workforce, error rates, training programs, and audit
measures.
The VA is directed to submit a report to the Committees no
later than April 1, 2014, identifying the percentage of all
records that are transmitted electronically from the DOD to
VA.
The agreement requires VA to submit a report to the
Committees no later than 60 days after enactment of this Act
on the agency's plans to implement both mandatory and
voluntary overtime for claims processors and the metric to be
used to allocate these overtime resources by regional office.
Following this initial report, VA should report quarterly
about the actual execution of its overtime plans.
The VA is directed to provide a report to the Committees no
later than 120 days after enactment of this Act on the pilot
conducted in the Newark, NJ regional office to implement a
completely paperless claims processing system. This report
shall include description of the pilot's impact on staff
workload and distribution, changes in length of processing
time and accuracy, and changes in physical environment
requirements.
Job Training Efforts.--The agreement highlights the
important job training and placement opportunities the VA
provides for veterans through its Vocational Rehabilitation
and Employment program, its Transition Goals, Plans, Success
(GPS) program, and the VetSuccess Web site.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $3,703,344,000 for Information
Technology (IT) Systems. The agreement identifies separately
the funding available for pay ($1,026,400,000); operations
and maintenance ($2,181,653,000); and systems development,
modernization, and enhancement ($495,291,000). The agreement
makes $30,792,000 of pay funding available until the end of
fiscal year 2015; $151,316,000 of operations and maintenance
funding available until the end of fiscal year 2015; and all
IT systems development, modernization and enhancement funding
available until the end of fiscal year 2015.
The agreement provides $20,000,000 above the budget request
in the operations and maintenance subaccount for VBA to
increase
[[Page H1149]]
server capacity and provide other hardware upgrades at all
regional offices.
The agreement includes language prohibiting the obligation
of IT development, modernization, and enhancement funding
until the VA submits a certification of the amounts to be
obligated, in part or in full, for each development project.
The agreement includes language permitting funding made
available for the three IT subaccounts to be transferred
among them after the VA requests and receives approval from
the Committees.
The agreement includes language providing that funding may
be transferred between development projects or to new
projects subject to the Committees' approval.
Interoperable Health Record.--The actions of the
Departments of Defense and Veterans Affairs in developing an
electronic health record continue to be of concern to the
Committees. In February 2013, citing cost and schedule
issues, both Department Secretaries announced an agreement to
take the electronic health record in a different direction by
focusing on creating an interoperable health record by
pursuing individual Department core systems rather than
building a single integrated core system and subsequent
integrated electronic health record as previously agreed. The
Committees understand the Departments may still end up with
the same operating system, however, each Department is moving
forward independently at this time: one to procure a new
system and the other to evolve an existing system.
The Committees want to be very clear with both Departments:
an interoperable record between the two Departments is the
chief end-goal for Congress. The evolution and/or procurement
of new health record systems is an important project for the
Departments to undertake, but it will end up being a futile
exercise if the result is not the development of systems that
will be interoperable, defined as the ability to exchange
computable information electronically. There is rising
concern the Departments will spend years and billions of
dollars on their own electronic health record systems and
lose sight of the end-goal of an interoperable record. The
Committees direct the Department of Veterans Affairs to
remain dedicated to the development of a core system that is
interoperable with the core system procured by the Department
of Defense.
The fiscal year 2014 budget request included a $251,882,000
request for the integrated Electronic Health Record (iEHR).
Since this project no longer exists and has taken a new form,
the agreement instead appropriates funding at the same level
as the original request for iEHR in two different lines for
(1) the Department to evolve its current health record
system, VistA (``VistA Evolution'') at $219,000,000, and (2)
the interoperability actions taking place within the
Interagency Program Office and the execution of the Virtual
Lifetime Electronic Health Record (VLER) Health at
$32,882,000. Like the fiscal year 2013 bill, the fiscal year
2014 agreement includes a prohibition on obligation or
expenditure of more than 25 percent of fiscal year 2014 funds
for VistA Evolution until the Department meets the
requirements outlined below. The Committees believe it is
prudent for the Department to submit a detailed plan for
VistA Evolution before allowing funds to be obligated.
Therefore, the agreement directs that of the funds provided
for information technology systems development,
modernization, and enhancement of the Department's VistA
electronic health record not more than 25 percent may be
obligated until the Department submits a plan for expenditure
to the Committees which is signed by the Secretary and
approved by the Committees that: defines the budget and cost
for full operating capability and the total lifecycle cost of
the project; identifies the deployment timeline, including
benchmarks for full operating capability; describes how VistA
Evolution will adhere to data standardization as defined by
the Interagency Program Office (IPO) and how testing will be
conducted in order to ensure interoperability between current
and future DOD and VA systems; has been submitted to the
Government Accountability Office (GAO) for review; and
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
The GAO is further directed to provide a quarterly review
to the Committees throughout project development to ensure
that the electronic health record systems of the two
Departments will be interoperable.
The agreement for the Department of Defense appropriations
bill includes similar electronic health record requirements,
including a requirement that the request for proposals for
the new system DOD intends to procure include the data
standardization defined by the IPO.
Since the Department has expressed confidence in its
ability to provide the above information to the Committees in
a relatively quick timeframe, the Committees believe these
requirements should not adversely affect the Department's
internal timeline to evolve its current version of VistA.
The Committees believe that an accurate accounting of the
total cost of evolving VA's current electronic health record
and developing interoperability with the Department of
Defense must be transparent to ensure proper budget oversight
and protect against dramatic cost escalations. While funding
provided to the Information Technology Systems account for
past efforts to develop an integrated electronic health
record was readily apparent, related costs associated with
the Veterans Health Administration (VHA) was not. Therefore,
the agreement also includes bill language limiting the amount
of funds the VHA may obligate for the electronic health
record interoperability project and VistA Evolution to
$70,943,000. However, the Department may obligate funds in
addition to this amount upon written notification to the
Committees stating the total amount intended to be obligated
in excess of the cap and the reasons for the additional
amount.
The Committees continue to expect quarterly briefings from
the IPO on the electronic health record interoperability
project, including the development and timeline for the
creation of the standard data terminology reference model,
and the execution of VLER Health.
Bill language is included making funds available for IT
development, modernization, and enhancement for the projects
and in the amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
[In thousands of dollars]
------------------------------------------------------------------------
Project Amount
------------------------------------------------------------------------
Access to Healthcare......................................... 3,645
Electronic Health Record Interoperability/VLER Health........ 32,882
VistA Evolution.............................................. 219,000
New Models of Care........................................... 32,647
Veterans Benefits Management System (VBMS)................... 32,834
Virtual Lifetime Electronic Record (VLER).................... 11,352
Veterans Relationship Management (VRM)....................... 120,157
Health Management Platform................................... 7,774
International Classification of Diseases (ICD-10)............ 4,600
Other IT Systems Development................................. 30,400
Total All Development.................................... 495,291
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming guidelines.
The agreement directs the Department to continue to provide
an IT expenditure plan to the Committees within 30 days of
enactment of this Act and on a monthly basis thereafter. This
plan should be in the same format as the table above.
OFFICE OF INSPECTOR GENERAL
The agreement appropriates $121,411,000 for the Office of
Inspector General. Of the amount provided, $10,000,000 is
available for obligation until September 30, 2015. The
increase above the budget request is intended to be used for
review of the transmittal of service treatment and other
records from DOD to VA and for VHA audit and field review
activities.
The agreement includes bill language requiring the VA
Inspector General, in conjunction with the DOD Inspector
General, to examine the procedures currently in place to
transmit service treatment and other records from DOD to VA.
VA is directed to submit a report by September 8, 2014, on
this bill language directive.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $342,130,000 for Construction, Major
Projects. The agreement makes this funding available for five
years, except that $20,000,000 is made available until
expended.
The agreement funds the following items as requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
[In thousands of dollars]
------------------------------------------------------------------------
Final
Location and description agreement
amount
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
Seattle, WA mental health clinic.................... 149,130
Advance Planning Fund............................... 33,000
Asbestos............................................ 5,000
Major Construction Staff............................ 21,000
Claims Analysis..................................... 2,000
Hazardous Waste..................................... 5,000
Total VHA....................................... 215,130
National Cemetery Admin. (NCA):
Central East, FL.................................... 40,000
Tallahassee, FL..................................... 40,000
Omaha, NE........................................... 36,000
Advance Planning Fund............................... 5,000
Total NCA....................................... 121,000
Veterans Benefits Admin. (VBA)..........................
Advance Planning Fund................................... 1,000
General Admin.:
Staff Offices Advance Planning Fund................. 5,000
Major Construction total............................ 342,130
------------------------------------------------------------------------
The VA is directed to submit a master plan at the time of
the budget submission describing each major construction
project included in the budget. The plan should include the
projected timeline for completion of each component of each
of the projects and the annual and total cost of each
project. The format of the DOD Form 1391 is a good model for
the VA to use to describe clearly and completely the expected
obligations for each project.
construction, minor projects
The agreement provides $714,870,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years.
grants for construction of state extended care facilities
The agreement provides $85,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended.
grants for construction of veterans cemeteries
The agreement provides $46,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available
until expended.
administrative provisions
(including transfers and rescissions of funds)
The agreement includes section 201 allowing for transfer of
funds among the three mandatory accounts.
[[Page H1150]]
The agreement includes section 202 allowing for the
transfer of funds among the three medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for related authorized purposes.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund,
and the United States Government Life Insurance Fund to
administer these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases
and provides authority to obligate these reimbursements in
the year in which the proceeds are received.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management and the
Office of Employment Discrimination Complaint Adjudication
can charge other offices of the Department for services
provided.
The agreement includes section 211 limiting the use of
funds for any lease with an estimated annual rental cost of
more than $1,000,000 unless approved by the Committees.
The agreement includes section 212 requiring the Department
to collect third-party payer information for persons treated
for a non-service connected disability.
The agreement includes section 213 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The agreement includes section 214 outlining authorized
uses for Medical Services funds.
The agreement includes section 215 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services account.
The agreement includes section 216 which allows Alaskan
veterans to use medical facilities of the Indian Health
Service or tribal organizations.
The agreement includes section 217 permitting the transfer
of funds from the Department of Veterans Affairs Capital
Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The agreement includes section 218 prohibiting the use of
funds for any policy prohibiting the use of outreach or
marketing to enroll new veterans.
The agreement includes section 219 requiring the Secretary
to submit quarterly reports on the financial status of the
Veterans Health Administration.
The agreement includes section 220 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account.
The agreement includes section 221 prohibiting any funds
from being used in a manner that is inconsistent with
statutory limitations on outsourcing.
The agreement includes section 222 limiting the obligation
of non-recurring maintenance funds during the last two months
of the fiscal year.
The agreement includes section 223 providing up to
$254,257,000 for transfer to the joint DOD-VA Medical
Facility Demonstration Fund.
The agreement includes section 224 which authorizes
transfers from the Medical Care Collections Fund to the joint
DOD-VA Demonstration Fund.
The agreement includes section 225 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA healthcare
sharing incentive fund.
The agreement includes section 226 which rescinds fiscal
year 2014 medical account funding and re-appropriates it to
be available for two years. The provision rescinds and re-
appropriates $1,400,000,000 for Medical Services, rescinds
$150,000,000 for Medical Support and Compliance and re-
appropriates $100,000,000 for that account, and rescinds and
re-appropriates $250,000,000 for Medical Facilities.
The agreement includes section 227 requiring that the
Department notify the Committees of bid savings in major
construction projects of at least $5,000,000 or five percent
within 14 days of a contract identifying the programmed
amount.
The agreement includes section 228 which prohibits the VA
from increasing the scope of work for a major construction
project above the scope specified in the original budget
request.
The agreement includes section 229 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$2,000,000.
The agreement includes section 230 requiring a quarterly
report from each VBA regional office on pending disability
claims, error rates, the number of claims processing
personnel, corrective actions taken, training programs and
review audit results.
The agreement includes section 231 requiring the VA to
submit a reprogramming request whenever funding allocated in
the expenditure plan for a Medical Care initiative differs by
more than $25,000,000 from the allocation shown in the 2014
congressional budget justification.
The agreement includes section 232 limiting the funding
from the Medical Services and Medical Support and Compliance
accounts for the VistA Evolution and electronic health record
interoperability projects.
The agreement includes section 233 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more FTE.
The agreement includes section 234 rescinding $182,000,000
of prior year unobligated funds, with the allocation of the
rescissions to be determined by the Secretary.
TITLE III--RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
The agreement includes $63,200,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC).
The agreement provides an additional $5,000,000 above the
budget request to support ABMC's interpretive program and
nonrecurring maintenance needs.
Foreign Currency Fluctuations Account
The agreement includes such sums as necessary, estimated at
$14,100,000 for the Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
salaries and expenses
The agreement includes $35,408,000 for Salaries and
Expenses.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
The budget request proposed to fund Arlington National
Cemetery through two accounts: $25,000,000 to be provided
through Operation and Maintenance, Army and $45,800,000 to be
provided through Cemeterial Expenses, Army for a total of
$70,800,000. The agreement provides $65,800,000 for Salaries
and Expenses, which includes $20,000,000 to address the
maintenance and infrastructure repairs proposed for funding
through Operation and Maintenance, Army. Language is included
to make $7,000,000 available until September 30, 2015.
Armed Forces Retirement Home Trust Fund
The agreement includes $67,800,000 for the Armed Forces
Retirement Home, to be derived from the Trust Fund.
Administrative Provision
The agreement includes section 301 permitting funds to be
provided to Arlington County, Virginia, for the relocation of
a water main located on the Arlington National Cemetery
property.
TITLE IV--GENERAL PROVISIONS
The agreement includes section 401 prohibiting the
obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The agreement includes section 402 prohibiting the use of
the funds in this Act for programs, projects or activities
not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The agreement includes section 403 prohibiting the use of
funds in this Act to support or defeat legislation pending
before Congress.
The agreement includes section 404 encouraging all
Departments to expand their use of ``E-Commerce.''
The agreement includes section 405 specifying the
Congressional Committees that are to receive all reports and
notifications.
The agreement includes section 406 prohibiting the transfer
of funds to any instrumentality of the United States
Government without authority from an appropriations Act.
The agreement includes section 407 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 408 requiring all reports
submitted to the Congress to be posted on official Web sites
of the submitting agency.
The agreement includes section 409 prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes section 410 prohibiting funds in
this Act for the Association of Community Organizations for
Reform Now or its subsidiaries or successors.
The agreement includes section 411 prohibiting the use of
funds for the payment of first-class travel by an employee of
the executive branch.
The agreement includes section 412 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
The agreement includes section 413 prohibiting the use of
funds in this Act for any contract where the contractor has
not complied with E-Verify requirements.
[[Page H1151]]
The agreement includes section 414 prohibiting the use of
funds in this Act for any contract, memorandum of
understanding, or cooperative agreement with any corporation
convicted of a felony criminal violation within the preceding
24 months, where the awarding agency is aware of the
conviction.
The agreement includes section 415 prohibiting the use of
funds in this Act for any contract, memorandum of
understanding, or cooperative agreement with any corporation
with an unpaid tax liability.
The agreement includes section 416 prohibiting the use of
funds in this Act by the Department of Defense or the
Department of Veterans Affairs for the purchase or lease of a
new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
[[Page H1152]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.523
[[Page H1153]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.524
[[Page H1154]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.525
[[Page H1155]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.526
[[Page H1156]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.527
[[Page H1157]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.528
[[Page H1158]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.529
[[Page H1159]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.530
[[Page H1160]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.531
[[Page H1161]]
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2014
In implementing this agreement, Federal departments,
agencies, and other entities shall comply with the
directives, reporting requirements, and allocations contained
in H. Rept. 113-185 (House report) accompanying H.R. 2855
(House bill) and S. Rept. 113-81 (Senate report) accompanying
S. 1372 (Senate bill) as though stated in this explanatory
statement unless specifically directed to the contrary. This
explanatory statement, while repeating some House and Senate
report language for emphasis or clarification, does not
negate such language unless expressly provided herein.
With respect to reporting requirements in prior years that
were submitted prior to the enactment of this Act that were
also referenced in the House and Senate reports, the
reporting agency shall consult with the Committees on
Appropriations to determine if an additional report is
required in fiscal year 2014.
The Department of State, the United States Agency for
International Development (USAID), and other agencies are
directed to submit their respective congressional budget
justifications (CBJs) concurrent with the President's fiscal
year 2015 budget request. Such documents must also include
information on funding available from proceeds of sale,
including the total amount available and the amounts for each
of the proposed uses of such funding. The Secretary of State
and the USAID Administrator are expected to continue to
consult with the Committees on Appropriations on the content
of the fiscal year 2015 and future CBJs.
The following information, as applicable, shall be included
in the CBJs: estimated savings from any proposed office or
mission closing; prior year actual representation expenses
for each department and agency that is authorized
representation expenses; justification for any multi-year
funding that is requested for an operations account; and the
information on the Working Capital Funds specified in the
explanatory statement accompanying Public Law 112-74.
The regular notification procedures of the Committees on
Appropriations, including CBJ documents and operating and
spend plans shall not suffice for purposes of satisfying
special notification requirements contained in this Act.
Prior to the submission of any operating or spend plan or
congressional notification (CN), Federal departments and
agencies shall consult with the Committees on Appropriations
on the content, format, and manner of submission of such
documents, and such plans and notifications for funds that
expire at the end of this fiscal year should be submitted to
the Committees on Appropriations not later than July 31,
2014. Operating and spend plans and CNs shall provide, as
applicable, a comparison between the most recent
congressional directives or approved funding levels and the
funding level proposed by the department or agency; integrate
information on title VIII funds with enduring operations and
assistance funds; identify applicable legislative references,
including the authority to spend funds in a manner
notwithstanding any other provision of law; and include a
clear, concise, and informative description/justification.
Regarding the requirements of sections 7015 and 7019 of this
Act, the Department of State, USAID, and other agencies shall
notify the Committees on Appropriations at the most detailed
level specified in this Act, explanatory statement, or the
CBJ. The departments and agencies funded by this Act shall
notify the Committees on Appropriations of any significant
departure from the CBJ, the final report submitted pursuant
to section 653(a) of the Foreign Assistance Act of 1961, or
of any new commitment that will require significant funding
in future years.
The agreement continues to support the merging of
assistance for countries formerly funded under Assistance for
Europe, Eurasia and Central Asia into the traditional funding
accounts: Global Health Programs, Economic Support Fund, and
International Narcotics Control and Law Enforcement. This
modification does not diminish congressional interest in and
support for the region or the coordinating role of the Office
of the Coordinator of United States Assistance to Europe and
Eurasia.
For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended, with
respect to appropriations contained in this Act, the term
``program, project, and activity'' shall mean any item for
which a dollar amount is specified in this Act or explanatory
statement. In addition, the definition of ``program, project,
and activity'' in section 7023 of this Act shall apply to the
accounts listed in that section.
The term ``appropriate congressional committees'' is
defined in section 7034(t) of this Act.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $6,605,701,000 for Diplomatic and
Consular Programs. The agreement provides an additional
$1,391,109,000 in title VIII under this heading designated
for Overseas Contingency Operations/Global War on Terrorism
(OCO/GWOT) pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
Within the total provided, up to $1,867,251,000 is for
Worldwide Security Protection (WSP) and may remain available
until expended, and the remaining $4,738,450,000 is for
operations, of which $710,000,000 may remain available until
September 30, 2015. The agreement does not designate the
funds to remain available for two years by category or
bureau. The Secretary of State is directed to report to the
Committees on Appropriations on projected amounts that are to
remain available for operations beyond fiscal year 2014 by
category and bureau no later than September 1, 2014.
Funds for activities, bureaus and offices under this
heading are allocated according to the following table and
are subject to subparagraph (6)(A) under such heading and
section 7019 of this Act.
DIPLOMATIC AND CONSULAR PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Category Budget Authority
------------------------------------------------------------------------
Human Resources................................ 2,360,312
Public Diplomacy........................... [131,713]
Worldwide Security Protection.............. [255,866]
Overseas Programs.............................. 1,760,255
Public Diplomacy........................... [369,589]
Diplomatic Policy and Support.................. 769,534
Security Programs.............................. 1,715,600
Worldwide Security Protection.............. [1,611,385]
------------------------------------------------------------------------
Total, Diplomatic and Consular Programs 6,605,701
Offices/Programs Office to Combat Trafficking 6,521
in Persons....................................
Office of the Special Coordinator for Tibetan 1,000
Issues........................................
Ambassador's Fund for Cultural Preservation.... 5,750
Cultural Antiquities Task Force................ 1,000
Office of the Coordinator for Cyber Issues..... 5,000
Democracy, Human Rights, and Labor (DRL)....... 27,956
Human Rights Vetting....................... [2,750]
Office for Global Women's Issues............... 7,330
Office of Terrorism Financing and Economic 4,000
Sanctions Policy..............................
------------------------------------------------------------------------
=========================== NOTE ===========================
January 15, 2014 on H1161 the following appeared: Offices/
Programs.................................................. 1 ----------
--------------------Office to Combat Trafficking in
Persons............... 6,521
========================= END NOTE =========================
The online version should be corrected to read: Offices/Programs Office
to Combat Trafficking in Persons............... 6,521
The agreement provides $1,867,251,000 for WSP under this
heading and an additional $900,274,000 for WSP is provided in
title VIII and designated for OCO/GWOT, for a total of
$2,767,525,000 for WSP in the Act. The Secretary of State is
directed to fulfill the requirements detailed under
``Security Programs'' in the Senate report. Funds provided
above the request for WSP are for the normalization of Iraq
operations and to more accurately reflect the full costs of
security.
The Secretary is also directed to fulfill the requirements
detailed under ``Administration of Foreign Affairs'' in the
House report, except the resubmission of the report required
by section 1707(c) of Public Law 113-6 shall be submitted to
the Committees on Appropriations not later than 30 days
after enactment of this Act. The Secretary is directed to
consult with the Committees on Appropriations on
additional information to be included in reporting
requirements regarding security programs and the Increased
Security Proposal.
In lieu of the directive under ``Warehousing alternatives''
in the House report, not later than 90 days after enactment
of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive report
detailing the policies and regulations regarding the
furnishing of Department of State offices and residences in
the United States and overseas, including purchase, rental,
storage, and transport.
The agreement reaffirms support for the Department of
State's efforts to monitor United States assistance for
foreign security forces. In addition to funds made available
for such activities, not less than $2,750,000 under this
heading is included to implement section 620M of the Foreign
Assistance Act of 1961.
The agreement endorses the language under ``The Arctic'' in
the Senate report, but the agreement does not include section
7034(t) from the Senate bill. The agreement includes up to
$1,000,000 under Diplomatic and Consular Programs to
facilitate the participation of indigenous communities and
scientists in the application of science and technology to
foreign policy, pursuant to section 504 of Public Law 95-426.
The Secretary of State is directed to develop, in
coordination with the International Cooperative
Administrative Support Services (ICASS) Service Center and
participating agencies, an efficient process by which an
agency participating in the ICASS program provides a cost
analysis and justification for the agency's decision to opt
out of any ICASS services. The Secretary is also directed to
conduct a review of ICASS services provided by the Department
to identify cost savings and program efficiencies, including
reevaluating the number of overseas United States officials
necessary to provide ICASS services and whether non-
Department of State ICASS providers (including USAID) could
improve cost effectiveness at individual posts. The Secretary
is directed to submit a report to the appropriate
congressional committees not later than 90 days after
enactment of this Act, detailing steps taken to implement
these directives.
The agreement includes section 7034(m)(1), which extends
the Western Hemisphere Travel Initiative surcharge authority
through fiscal year 2014.
Section 7034(m)(7) of this Act continues the Foreign
Service overseas pay comparability
[[Page H1162]]
authority, but, as in prior years, prohibits implementation
of the third phase of the authority and does not include
funds requested for such implementation.
The agreement does not specifically designate funds for the
requested new non-security positions related to the
Department-wide hiring initiatives included in the fiscal
year 2014 budget request. The Secretary of State is directed
to examine the assignment of existing lower priority
positions, including vacancies and those identified by the
Department of State's Office of Inspector General, to meet
higher priority staffing requirements, including those
enumerated under this heading in the Senate report. If,
however, the Secretary determines that it is in the national
interest of the United States to redirect the funds
appropriated under this heading for additional positions, the
Committees on Appropriations will consider such request as
part of the operating plan required by section 7076 of this
Act. Such plan shall include a detailed description of any
new or reassigned Foreign or Civil Service positions
requested by a bureau or office, a justification of the
request, and the salary and benefit costs for fiscal years
2014 and 2015.
The agreement includes authority to transfer up to
$34,000,000 from funds appropriated under this heading to
funds available under Conflict Stabilization Operations. In
addition, $8,500,000 is included under Conflict Stabilization
Operations in title VIII.
The Ambassador-at-Large for Global Women's Issues,
Department of State, and the Senior Coordinator for Gender
Equality and Women's Empowerment, USAID, are directed to
jointly consult with the Committees on Appropriations prior
to the initial allocation of funds in this Act for gender-
related programs and activities.
The agreement does not include the requested authority to
transfer $1,000,000 of the funds available under this heading
to funds available under Representation Expenses.
The agreement does not include a prohibition on the use of
funds appropriated under this heading for the Ambassador's
Fund for Cultural Preservation that was included in the House
bill. Instead, the agreement continues the limitation on the
use of funds for the preservation of religious sites
contained under this heading in Public Law 112-74.
The Secretary of State is directed to continue to provide
to the Committees on Appropriations notifications required by
existing law concerning agreements for transfer and release
of detainees at Naval Station, Guantanamo Bay, Cuba.
CAPITAL INVESTMENT FUND
The agreement provides $76,900,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement provides $69,406,000 for Office of Inspector
General, of which $10,400,000 may remain available until
September 30, 2015, and an additional $49,650,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985. The agreement also waives the requirement of section
209(a)(1) of the Foreign Service Act of 1980, as included in
the Senate bill and in prior years.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The agreement provides $560,000,000 for Educational and
Cultural Exchange Programs, and an additional $8,628,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
To improve oversight and management of the Department of
State's summer work travel program, the agreement does not
include the limitation carried in prior years on the use of
fees or other payments received from or in connection with
English teaching, educational advising, counseling, and
exchange visitor programs. The Secretary of State is directed
to include projected fee revenue amounts in the operating
plan required by section 7076 of this Act.
The Department of State shall consider designating a
portion of the Washington Fellowship for Young African
Leaders for a Nelson Mandela Fellowship for Young African
Leaders.
No detailed justification was included in the Department of
State's fiscal year 2014 CBJ for the Global University
Innovation program and the agreement does not include the
funds requested for such program.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Academic Programs.......................................... 307,766
Global Academic Exchanges.............................. [53,970]
Special Academic Exchanges............................. [20,520]
Professional and Cultural Exchanges........................ 188,734
Special Professional and Cultural Exchanges............ [575]
Program Evaluation and Performance......................... 3,500
Exchanges Support.......................................... 60,000
------------
Total, Educational and Cultural Exchange Programs...... 560,000
OCO/GWOT............................................... 8,628
------------
Total, Educational and Cultural Exchange Programs 568,628
with OCO/GWOT.......................................
------------------------------------------------------------------------
REPRESENTATION EXPENSES
The agreement provides $7,300,000 for Representation
Expenses, formerly named Representation Allowances, and
includes modified language in section 7020 of this Act
regarding the use of such funds.
The Secretary of State is directed to continue the
submission of a semi-annual report to the Committees on
Appropriations on the allotment and expenditure of
representation funds.
Protection of Foreign Missions and Officials
The agreement provides $28,200,000 for Protection of
Foreign Missions and Officials.
Section 7034(j) of this Act includes authority for the
Secretary of State to transfer expired unobligated balances
from funds made available under Diplomatic and Consular
Programs, which is similar to language proposed in both the
House and Senate bills. The Secretary of State is directed to
more accurately request resources under this heading in
future CBJs to better reflect the historic level of annual
certified claims for extraordinary protection requirements.
Embassy Security, Construction, and Maintenance
The agreement provides $2,399,351,000 for Embassy Security,
Construction, and Maintenance, of which $1,614,000,000 is for
worldwide security upgrades and $785,351,000 is for other
construction, operations, and maintenance. The agreement
provides an additional $275,000,000 in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
Funds available under this heading provide personnel
working in United States diplomatic missions overseas with
secure, safe, and functional facilities. The agreement
provides the full amount requested for the Department of
State's share of the Capital Security Cost Sharing Program,
as well as for other operations and maintenance activities of
the Department of State's Bureau of Overseas Buildings
Operations, and includes $25,000,000 above the budget request
for embassy security to be allocated pursuant to section
7004(f)(1) of this Act.
Emergencies in the Diplomatic and Consular Service
The agreement provides $9,242,000 for Emergencies in the
Diplomatic and Consular Service.
REPATRIATION LOANS PROGRAM ACCOUNT
The agreement provides $1,537,000 for Repatriation Loans
Program Account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The agreement provides $31,221,000 for Payment to the
American Institute in Taiwan.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The agreement provides $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The agreement provides $1,265,762,000 for Contributions to
International Organizations, and an additional $74,400,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
The agreement does not include funds for an assessed
contribution to the United Nations Educational, Scientific
and Cultural Organization (UNESCO), which is prohibited due
to the application of Public Law 101-246 and Public Law 103-
236.
The Secretary of State is directed to continue to include
in the Department of State's CBJ the justification for
funding assessed contributions to the United Nations (UN) and
its affiliated agencies, and other international
organizations. The justification for each organization should
include the total assessment for such contributions for all
members, the United States share, exchange rate assumptions,
and any offsets that will be used, such as Tax Equalization
Fund (TEF) credits.
The Secretary of State is also directed to include
information on all available credits, including TEF credits,
in the annual operating plan required by section 7076 of this
Act and to update such information in subsequent
reprogrammings or notifications.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The agreement provides $1,765,519,000 for Contributions for
International Peacekeeping Activities.
The Department of State should evaluate and prioritize
peacekeeping missions, and consider phase-out and withdrawal
when mission goals have been substantially achieved.
The Secretary of State is also directed to include
information on all available credits, including TEF and
peacekeeping credits, in the annual operating plan required
by section 7076 of this Act and to update such information in
subsequent reprogrammings or notifications.
The agreement includes a limitation on the assessed
peacekeeping rate, which is the same as the prior fiscal
year. The United States contributions to each UN peacekeeping
mission, including through the application of credits, should
not exceed the percentage specified in the document
referenced under this heading. However, sufficient funding is
provided should the most recent assessed percentage for the
United States be authorized by a subsequent act of Congress.
The agreement does not include funding requested for a UN
peacekeeping mission in
[[Page H1163]]
Syria. If such a mission is established during the fiscal
year, the Secretary of State shall consult with the
Committees on Appropriations prior to making a contribution.
Any transfers into this account from other accounts in
title I of this Act are subject to the limitations in section
7009 of this Act and the regular notification procedures of
the Committees on Appropriations.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The agreement includes a limitation of $6,000 on
representation expenses of the International Boundary and
Water Commission, United States and Mexico (IBWC).
SALARIES AND EXPENSES
The agreement provides $44,000,000 for salaries and
expenses of IBWC.
CONSTRUCTION
The agreement provides $33,438,000 for planning,
preparation, and construction.
Funds in this account are allocated according to the
following table, and are subject to section 7019 of this Act:
CONSTRUCTION
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Water Quality Program.......................... 9,778
Water Quantity Program......................... 20,760
Rio Grande Flood Control System [8,760]
Rehabilitation............................
Resource & Asset Management Program............ 2,900
------------------------
Total, Construction.................... 33,438
------------------------------------------------------------------------
The report required under International Boundary and Water
Commission, United States and Mexico in the Senate report
shall be provided to the appropriate congressional committees
not later than 60 days after the enactment of this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The agreement provides $12,499,000 for American Sections,
International Commissions to support the International
Boundary Commission, International Joint Commission, and
Border Environment Cooperation Commission.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
AMERICAN SECTIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
International Boundary Commission.............. 2,449
International Joint Commission................. 7,664
Border Environment Cooperation Commission...... 2,386
------------------------
Total, American Sections................... 12,499
------------------------------------------------------------------------
INTERNATIONAL FISHERIES COMMISSIONS
The agreement provides $35,980,000 for International
Fisheries Commissions at the levels requested, with the
exception of the Great Lakes Fishery Commission.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Commission/Activity Budget Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission................. 23,709
Lake Champlain Basin....................... [3,000]
Inter-American Tropical Tuna Commission........ 1,822
Pacific Salmon Commission...................... 3,050
International Pacific Halibut Commission....... 4,350
Other Marine Conservation Organizations........ 3,049
Total, International Fisheries 35,980
Commissions...........................
------------------------------------------------------------------------
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The agreement provides $721,080,000 for International
Broadcasting Operations, and an additional $4,400,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
The agreement provides up to $41,734,000 to be available
until expended under International Broadcasting Operations
for satellite transmission lease costs and for the
Broadcasting Board of Governors' (BBG) Internet freedom and
circumvention program. Of this amount, not less than
$25,500,000 is to provide unrestricted access to information
via the Internet and other secure communication technologies.
The BBG is directed to detail amounts planned for Internet
freedom in fiscal year 2014 as part of the operating plan
required by section 7076 of this Act and to expand upon the
planned activities in the Internet freedom spend plan
required by section 7080(c) of this Act.
In addition to language in the House and Senate reports
regarding Internet freedom, any reprogramming of funds by the
BBG for such purposes, including from savings and
efficiencies, shall be subject to the regular notification
procedures of the Committees on Appropriations.
The agreement includes sufficient funding to establish a
Chief Executive Officer position, if authorized by a
subsequent act of Congress. In the interim, the BBG may take
necessary steps within existing authorities to prepare for
the establishment of such position.
The agreement includes a one year extension of the personal
services contract authority of the BBG, as included in the
Senate bill and in prior years.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
BBG Entity Budget Authority
------------------------------------------------------------------------
Federal Entities
BBG/International Broadcasting Bureau.......... 67,000
Voice of America (VOA)......................... 200,006
OCO/GWOT--Afghanistan/Pakistan............. 2,200
Subtotal, VOA Program Level............ 202,206
Office of Cuba Broadcasting.................... 27,043
Technology, Services and Innovation............ 187,818
Internet Freedom and Circumvention [25,500]
Activities................................
------------------------
Subtotal, Federal Entities............. 481,867
------------------------
Subtotal, Federal Entities with OCO/ 484,067
GWOT..................................
Independent Grantee Organizations
Radio Free Europe/Radio Liberty (RFE/RL)....... 93,750
OCO/GWOT--Afghanistan/Pakistan............. 2,200
------------------------
Subtotal, RFE/RL Program Level......... 95,950
Radio Free Asia................................ 35,950
Middle East Broadcasting Networks.............. 109,513
------------------------
Subtotal, Independent Grantee 239,213
Organizations.........................
------------------------------------------------------------------------
Subtotal, Independent Grantee 241,413
Organizations with OCO/GWOT...........
------------------------------------------------------------------------
Total, BBG Entities................ 721,080
Total, BBG Entities Program Level with 725,480
OCO/GWOT..............................
Title VIII--OCO/GWOT........................... 4,400
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The agreement provides $8,000,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The agreement provides $17,000,000 for The Asia Foundation.
The Asia Foundation is directed to comply with section 7051
(International Conferences) of this Act and the reporting
requirement in section 7078 of the Senate bill.
United States Institute of Peace
The agreement provides $30,984,000 for United States
Institute of Peace (USIP), and an additional $6,016,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
USIP is directed to comply with section 7051 (International
Conferences) of this Act and the reporting requirement in
section 7078 of the Senate bill. In addition, USIP is
directed to submit the operating plan required by section
7076 of this Act.
Center for Middle Eastern-Western Dialogue Trust Fund
The agreement provides $90,000 from interest and earnings
from the Center for Middle Eastern-Western Dialogue Trust
Fund.
The Center for Middle Eastern-Western Dialogue is directed
to comply with section 7051 (International Conferences) of
this Act and the reporting requirement in section 7078 of the
Senate bill.
Eisenhower Exchange Fellowship Program
The agreement provides $400,000 from interest and earnings
from the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The agreement provides $13,000 from interest and earnings
from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The agreement provides $16,700,000 for East-West Center.
The East-West Center is directed to comply with section
7051 (International Conferences) of this Act and the
reporting requirement in section 7078 of the Senate bill.
National Endowment for Democracy
The agreement provides $135,000,000 for National Endowment
for Democracy.
Not later than 45 days after enactment of this Act, the
President of the National Endowment for Democracy (NED) shall
submit a report to the Committees on Appropriations on the
proposed uses of funds appropriated under this heading on a
regional and country basis.
The allocation of additional funding for the NED above the
budget request shall be guided by the table in the Senate
report.
The NED is directed to comply with section 7051
(International Conferences) of this Act and the reporting
requirement in section 7078 of the Senate bill.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The agreement provides $690,000 for Commission for the
Preservation of America's Heritage Abroad.
The Commission for the Preservation of America's Heritage
Abroad is directed to comply with section 7051 (International
Conferences) of this Act and the reporting requirement in
section 7078 of the Senate bill.
United States Commission on International Religious Freedom
Salaries and Expenses
The agreement provides $3,500,000 for United States
Commission on International Religious Freedom, and includes a
limitation of $4,000 on representation expenses and modified
language in section 7020 of this Act regarding the use of
such funds. Funds provided under this heading are available
until September 30, 2014, except that funds may remain
available for another fiscal year if the Commission is
authorized by a subsequent act of Congress.
[[Page H1164]]
The United States Commission on International Religious
Freedom is directed to comply with section 7051
(International Conferences) of this Act and the reporting
requirement in section 7078 of the Senate bill.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The agreement provides $2,579,000 for Commission on
Security and Cooperation in Europe, and includes a limitation
of $4,000 on representation expenses and modified language in
section 7020 of this Act regarding the use of such funds.
The Commission on Security and Cooperation in Europe is
directed to comply with section 7051 (International
Conferences) of this Act and the reporting requirement in
section 7078 of the Senate bill.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The agreement provides $2,000,000 for Congressional-
Executive Commission on the People's Republic of China.
The Congressional-Executive Commission on the People's
Republic of China is directed to comply with section 7051
(International Conferences) of this Act and the reporting
requirement in section 7078 of the Senate bill.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The agreement provides $3,500,000 for United States-China
Economic and Security Review Commission.
The United States-China Economic and Security Review
Commission is directed to comply with section 7051
(International Conferences) of this Act and the reporting
requirement in section 7078 of the Senate bill.
TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The agreement provides $1,059,229,000 for USAID Operating
Expenses, of which $158,900,000 may remain available until
September 30, 2015, and an additional $81,000,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985. With an additional $335,211,000 available from other
sources, the funding level for fiscal year 2014 for USAID
Operating Expenses totals $1,475,440,000.
The USAID Administrator is directed to fulfill the
requirements under ``Procurement Reform'' in the Senate
report and under ``Procurement'' in the House report.
The agreement includes section 7028, which modifies section
7077 of Public Law 112-74 by establishing standards that must
be met prior to USAID limiting competition and awards to
local entities, requiring that the USAID Administrator report
to the Committees on Appropriations and post on the USAID Web
site, on a semi-annual basis, such awards above certain
funding thresholds, and making technical changes to the pilot
program first initiated in fiscal year 2012.
The USAID Administrator is directed to provide to the
Committees on Appropriations a description of how USAID is
monitoring compliance and evaluating performance of entities
selected through limited competition.
The agreement includes up to $9,100,000 under this heading
for mandatory incurred cost audits, which shall be used for
both overdue audits and future audits.
The agreement expands the scope of section 7015 of this Act
to include all title II accounts, and not later than 30 days
after enactment of this Act and prior to submission of the
spend plan required by section 7076 of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on the appropriate application of the
provisions included in such section. For purposes of applying
this section to funds under this heading, ``new program''
shall be defined as a new administrative initiative, and
``program, project, and activity'' shall be the cost
categories listed in the table under this heading.
USAID is directed to consult with the Committees on
Appropriations regarding funds generated through program
income, including procedures to address expiring availability
of such funds.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
USAID OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program Budget Authority
------------------------------------------------------------------------
Non-Frontline States Operations (including 1,041,869
headquarters).................................
Development Leadership Initiative.......... [32,834]
Oversight of Acquisition and Assistance.... [9,100]
Frontline States Operations.................... 126,422
Central Support................................ 226,149
Less other sources \1\......................... -335,211
------------------------------------------------------------------------
Total, USAID Operating Expenses........ 1,059,229
OCO/GWOT................................... 81,000
------------------------------------------------------------------------
Total, USAID Operating Expenses with...
OCO/GWOT................................... 1,140,229
------------------------------------------------------------------------
\1\ Other sources include trust funds, reimbursements, and unobligated
balances carried forward from prior years.
CAPITAL INVESTMENT FUND
The agreement provides $117,940,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement provides $45,000,000 for Office of Inspector
General, of which $6,750,000 may remain available until
September 30, 2015, and an additional $10,038,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
Not later than 90 days after enactment of this Act, the
Inspector General shall submit a report to the Committees on
Appropriations on the staff and funding resources required in
fiscal years 2012 and 2013 to conduct oversight of programs
implemented under section 7077 of Public Law 112-74. The
Inspector General is also directed to report on estimated
staff and funding requirements for fiscal years 2014 and 2015
to conduct oversight of the programs implemented under
section 7028 of this Act.
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $8,439,450,000 for Global Health
Programs.
The agreement provides $51,000,000 for programs to combat
polio under this heading, and an additional $8,000,000 is
provided under Economic Support Fund for such programs in
Pakistan and Afghanistan. The USAID Administrator is directed
to consult with the Committees on Appropriations on the use
of funds provided for polio eradication prior to the initial
obligation of funds.
The Secretary of State is directed to consult with the
Committees on Appropriations on all reporting requirements
under this heading in the Senate and House reports.
The agreement requires that the Committees on
Appropriations be included in the distribution of an annual
report prepared by the Office of the United States Global
AIDS Coordinator (OGAC) for the period during which the
report is prepared, which is needed for oversight purposes.
In implementing the challenge grants pilot program, the
Secretary of State shall follow the directives in section
7058(c) of the Senate bill, the guidance in the Senate report
under ``HIV/AIDS'', and consult with the appropriate
congressional committees.
OGAC shall provide the Committees on Appropriations a
description of the transition strategy for each regional and
bilateral partnership framework country within the
President's Emergency Plan for AIDS Relief, including
projected timelines for country ownership, and details on
host country and multilateral organization capacity to
sustain the achievements of United States-funded HIV/AIDS and
related programs. This is in addition to the description
of transition metrics required in section 5(K) of Public
Law 113-56.
Beginning in fiscal year 2015, the annual Department of
State CBJ shall include a budgetary overview of the HIV/AIDS
Working Capital Fund with estimates from prior fiscal years
and projections for fiscal year 2015 including unobligated
balances, starting balances, reimbursements, total
disbursements by commodity, disbursements for non-
commodities, travel and other administrative expenses, and
budgetary resources by agency or other donor. Additionally,
the USAID Administrator shall report to the Committees on
Appropriations on the annual estimate of the cost savings
realized as a result of child survival, malaria, and
tuberculosis products being included in the HIV/AIDS Working
Capital Fund.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health............................... 705,000
Polio............................................... [51,000]
The GAVI Alliance................................... [175,000]
Nutrition (USAID)....................................... 115,000
Micronutrients...................................... [33,000]
[of which, Vitamin A]............................... [22,500]
Iodine Deficiency Disorder.......................... [2,500]
Vulnerable Children (USAID)............................. 22,000
Blind Children...................................... [2,500]
HIV/AIDS (USAID)........................................ 330,000
Microbicides........................................ [45,000]
HIV/AIDS (Department of State).......................... 5,670,000
The Global Fund to Fight AIDS, Tuberculosis and [1,650,000]
Malaria............................................
UNAIDS.............................................. [45,000]
Family Planning/Reproductive Health (USAID)............. 523,950
Other Infectious Diseases (USAID)....................... 1,073,500
Pandemic Preparedness............................... [72,500]
Malaria............................................. [665,000]
Tuberculosis........................................ [236,000]
[of which, Global TB Drug Facility]................. [15,000]
Neglected Tropical Diseases......................... [100,000]
---------------
Total, Global Health Programs................... 8,439,450
------------------------------------------------------------------------
DEVELOPMENT ASSISTANCE
The agreement provides $2,507,001,000 for Development
Assistance.
PROGRAMS
The USAID Administrator shall report to the Committees on
Appropriations, not later than 60 days after enactment of
this Act, on the impact of USAID programs in sub-Saharan
Africa to support agriculture research to increase crop
yields and promote disease, drought, and insect resistance,
including opportunities for collaboration with philanthropic
foundations and the private sector.
The agreement provides not less than $10,000,000 for USAID
cooperative development programs within the Office of
Innovation and Development Alliances or a successor office.
The USAID Administrator shall consult with the Committees
on Appropriations
[[Page H1165]]
prior to a contribution being made to the Global Partnership
for Education.
The agreement includes not less than $25,000,000 for higher
education programs in Africa, of which $15,000,000 is for
partnerships between higher education institutions in Africa
and the United States. The USAID Administrator should
continue to partner with land grant institutions of higher
learning with specialized capabilities, including through the
competitively awarded Africa-United States Higher Education
Initiative Partnerships.
USAID is directed to consult with the Committees on
Appropriations prior to the initial allocation of funds for
microenterprise and microfinance programs and activities.
The Secretary of State, in coordination with the USAID
Administrator, shall consult with the Committees on
Appropriations on any funding made available for Power Africa
by this Act.
The agreement includes $10,000,000 under this heading and
$10,000,000 under Economic Support Fund for trade capacity
building programs in the Western Hemisphere.
The agreement includes $365,000,000 for water and
sanitation supply projects pursuant to the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109-121), of which
not less than $135,000,000 is for programs and activities in
sub-Saharan Africa.
COUNTRIES
The agreement provides $5,000,000 to improve labor
conditions in Bangladesh as described in the Senate report,
to be provided through an open and competitive process, and
not less than the budget request for democracy and governance
programs.
The agreement does not provide funds requested for Mexico
under this heading but addresses the request under Economic
Support Fund.
The agreement includes $22,000,000 under Economic Support
Fund for environmental remediation of dioxin contamination in
Vietnam and an additional $7,000,000 under this heading for
health and disability programs in areas sprayed with Agent
Orange or otherwise contaminated by dioxin.
INTERNATIONAL DISASTER ASSISTANCE
The agreement provides $876,828,000 for International
Disaster Assistance, and an additional $924,172,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
Not later than October 30, 2014, the USAID Administrator
shall submit a report to the Committees on Appropriations on
funds used for emergency food security during fiscal year
2014, including the amounts, justification, and criteria for
each activity. USAID should consult with the Committees on
Appropriations not later than 45 days after the enactment of
this Act on the content of the report.
TRANSITION INITIATIVES
The agreement provides $48,177,000 for Transition
Initiatives, and an additional $9,423,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The agreement requires that all funds made available under
this heading be administered by the USAID Office of
Transition Initiatives.
COMPLEX CRISES FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $20,000,000 for Complex Crises Fund,
and an additional $20,000,000 in title VIII under this
heading is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
For purposes of implementing this agreement, the USAID
Administrator shall have responsibility for the uses of funds
appropriated under this heading, in consultation with the
Secretary of State, and the Secretary shall have
responsibility for the uses of funds appropriated under this
heading in title VIII of this Act.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
The agreement provides a $40,000,000 limitation on funds
that may be transferred from other programs in this title to
the Development Credit Program, $8,041,000 for administrative
expenses, and a cap on total loan principal of
$1,500,000,000.
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,982,967,000 for Economic Support
Fund, and an additional $1,656,215,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
For purposes of reporting on United States assistance for
Haiti, the Secretary of State, in consultation with the USAID
Administrator, is directed to submit a report consistent with
the guidance provided under Economic Support Fund in the
House and Senate reports, and shall consult with the
Committees on Appropriations prior to submission.
The agreement recommends up to $1,900,000 from this and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs for the House
Democracy Partnership.
The agreement provides $45,000,000 for Mexico under this
heading, which includes the $10,000,000 requested under
Development Assistance. The Department of State and USAID are
directed to consult with the Committees on Appropriations on
the uses of such funds.
The agreement provides $141,500,000 for Colombia under this
heading to be directly apportioned to USAID to continue
alternative development/institution building activities, of
which not less than $7,000,000 shall be transferred to
Migration and Refugee Assistance.
The agreement provides $75,000,000 for the Middle East
Partnership Initiative, of which not less than $10,000,000
shall be made available to continue scholarships for students
in countries with significant Muslim populations at not-for-
profit educational institutions, in a manner consistent with
prior fiscal years, and the awarding of funds should be
through an open and competitive process.
The agreement provides $26,000,000 under this heading and
Development Assistance for Reconciliation Programs, of which
$10,000,000 should be for such programs in the Middle East
and North Africa. The USAID Administrator is directed to
ensure a rigorous vetting and evaluation process is in place
and that the programs and activities are consistent with
United States foreign policy objectives in the region.
The agreement provides $32,000,000 for Near East Regional
Democracy-funded activities, an increase of $2,000,000 above
the budget request that is intended to support programs to
increase women's participation in politics, specifically as
candidates in parliamentary elections.
The agreement provides funds, to be awarded through an open
and competitive process, for United States institutions of
higher education and nongovernmental organizations for
programs and activities in the People's Republic of China
(PRC) relating to democracy, rule of law, and the
environment. No funds are provided for direct support for the
central government of the PRC.
The agreement provides not less than $15,000,000 under this
heading, Democracy Fund, and International Narcotics Control
and Law Enforcement for assistance to eliminate inhumane
prison conditions in foreign countries. The Assistant
Secretary of State for the Bureau of Democracy, Human Rights,
and Labor (DRL) shall consult with the Committees on
Appropriations, pursuant to section 7065 of this Act,
regarding the uses of such funds.
The Secretary of State is directed to consult with the
Committees on Appropriations prior to providing funds in
support of the economic and social development and
reconciliation goals of Public Law 99-415, and any funds made
available for such purposes should be through an open and
competitive process.
The Secretary of State should review United States
assistance provided to the central government of any country
that admits President Omar al-Bashir of Sudan and should
consider reducing such assistance if the admission was for
any reason other than to bring President Bashir to justice or
to further the peace process between South Sudan and Sudan.
Funds in this account are allocated according to the
following table, and are subject to section 7019 of this Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
Counter-Lord's Resistance Army (LRA)....................... 10,000
Djibouti................................................... 5,000
Residual Special Court for Sierra Leone.................... 1,600
East Asia and the Pacific
PRC (Democracy, rule of law, and environment).............. 15,000
Tibet...................................................... 7,900
Vietnam (Environmental remediation of dioxin contamination) 22,000
Europe and Eurasia
Belarus.................................................... 12,700
Europe, Eurasia, and Central Asia Regional Democracy....... 35,000
Near East
Bahrain (Democracy and governance)......................... 3,000
Lebanon Scholarships....................................... 12,000
Middle East Partnership Initiative......................... 75,000
Scholarships........................................... [10,000]
Middle East Regional Cooperation Program................... 5,000
Morocco.................................................... 20,896
Near East Regional Democracy............................... 32,000
USAID Middle East Regional................................. 5,000
Tunisia.................................................... 30,000
Yemen...................................................... 45,000
Western Hemisphere
Caribbean Basin Security Initiative (CBSI)................. 29,200
Central America Regional Security Initiative (CARSI)....... 61,500
Colombia................................................... 141,500
Transfer to MRA........................................ [7,000]
Afro-Colombian and indigenous communities.............. [15,000]
Human rights........................................... [6,500]
Biodiversity........................................... [3,000]
Children disabled by violence.......................... [500]
Mexico..................................................... 45,000
Global Programs
Polio...................................................... 8,000
Trade Capacity Building--Western Hemisphere................ 10,000
Disability Programs........................................ 5,000
------------------------------------------------------------------------
DEMOCRACY FUND
The agreement provides $130,500,000 for Democracy Fund, of
which $70,500,000 is for the Department of State Human Rights
and Democracy Fund and $60,000,000 is for the USAID Center of
Excellence for Democracy, Human Rights, and Governance.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The agreement provides $1,774,645,000 for Migration and
Refugee Assistance, and an additional $1,284,355,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
Section 7034(r) of this Act directs that funds should be
made available by the Secretary of State or USAID
Administrator, as
[[Page H1166]]
appropriate, to provide for the systematic collection and
reporting of feedback data obtained directly from
beneficiaries of humanitarian programs funded under this
heading and International Disaster Assistance, to maximize
effectiveness of programs and accountability to
beneficiaries. Summaries of the findings shall be posted on
each agency's Web site.
The agreement includes modified language in section 7048(e)
regarding a report on the UN Relief and Works Agency included
under this heading in the explanatory statement accompanying
the Supplemental Appropriations Act, 2009.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The agreement provides $50,000,000 for United States
Emergency Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $379,000,000 for Peace Corps.
MILLENNIUM CHALLENGE CORPORATION
The agreement provides $898,200,000 for Millennium
Challenge Corporation (MCC), including up to $105,000,000 for
administrative expenses.
The agreement includes a prohibition on funds for threshold
countries that do not meet the requirements to be a candidate
country in fiscal year 2014, including candidate countries
from prior years such as Tunisia. Efforts by the
Administration to provide MCC assistance to countries that do
not meet MCC criteria undermine the integrity of the MCC
model.
Weak judicial systems and official and private sector
corruption are significant impediments to democratic
institutions and economic development and growth in many
potential MCC compact countries. There is concern that anti-
corruption indicators for eligibility are not sufficiently
rigorous, and do not properly reflect adherence to the rule
of law in candidate countries including the influence of
criminal enterprises and enforcement of private sector
contracts. The MCC is directed to improve its eligibility
criteria in this area, and to closely consult and coordinate
with relevant offices at the Departments of State, Treasury,
and Commerce, the Office of the United States Trade
Representative, and USAID regarding their assessments and
evaluations of corruption and rule of law in MCC candidate
countries. This information, including data on barriers to
investment and financial crimes, should be provided to the
MCC Board as supplemental information as it reviews existing
and potential country partnerships.
INTER-AMERICAN FOUNDATION
The agreement provides $22,500,000 for Inter-American
Foundation.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The agreement provides $30,000,000 for United States
African Development Foundation, formerly the African
Development Foundation.
Department Of The Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The agreement provides $23,500,000 for International
Affairs Technical Assistance.
TITLE IV--INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The agreement provides $1,005,610,000 for International
Narcotics Control and Law Enforcement, and an additional
$344,390,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Secretary of State shall fulfill the reporting
requirement contained in the second proviso under this
heading in the House bill, except that such report shall also
include a description of cost-matching resources for the
International Police Peacekeeping Operations Support Program.
The Secretary of State shall follow the directives and
guidance under ``Rule of Law Programs'' in the Senate report,
except that the agreement provides $5,000,000, to be awarded
through a competitive process, to carry out the activities
described in the first paragraph.
The Secretary of State shall consult with the Committees on
Appropriations on the proposed funding level for rule of law
programs globally, and the funding level under this heading
for programs to strengthen independent judiciaries and the
administration of justice, particularly in countries
confronting corruption, organized crime, and drug
trafficking.
The agreement intends that up to 12 percent of the funds
appropriated under this heading may be made available for
program development and support (PD&S) and directs that 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 amount of PD&S expended in
fiscal years 2011 and 2012. The report shall include data for
all Washington-based and overseas personnel (including those
categorized as United States Direct Hires, When Actually
Employed, Personal Service Contractors, Third Party
Contractors, and non-United States personnel), ICASS fees,
and major equipment and administrative purchases. The report
shall also include rates of obligation and expenditure of
funds.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget authority
------------------------------------------------------------------------
Country
Colombia............................................. 149,000
Office of the Attorney General Human Rights Unit. [10,000]
Mexico............................................... 148,131
Global Programs
CBSI................................................. 25,000
CARSI................................................ 100,000
International Commission Against Impunity in 5,000
Guatemala...........................................
International Law Enforcement Academies.............. 31,300
Regional Training Partnerships....................... 3,000
Wildlife Poaching and Trafficking.................... 15,000
------------------------------------------------------------------------
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The agreement provides $630,000,000 for Nonproliferation,
Anti-terrorism, Demining, and Related Programs, and an
additional $70,000,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
The agreement provides $159,000,000 for humanitarian
demining programs. Of this amount, not less than $10,000,000
shall be made available for unexploded ordnance (UXO)
clearance in the countries of Southeast Asia and the Pacific
Islands above the amount provided for these countries for
these activities in fiscal year 2013. These funds are to
support a multi-year strategy to substantially reduce within
ten years the danger caused by UXO in this region, including
UXO resulting from past United States military operations.
The agreement includes funding for Countering Violent
Extremism (CVE) programs, which should be prioritized for
programs addressing and reversing the root causes of
radicalism. Not later than 45 days after enactment of this
Act, the Secretary of State, after consultation with the
heads of relevant Federal agencies, shall submit to the
Committees on Appropriations a definition of CVE and a
description of the programs, projects, and activities that
are currently, or could potentially, be carried out under
such definition by the Department of State and USAID.
Funds in this account are allocated according to the
following table, and are subject to section 7019 of this Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Programs Budget authority
------------------------------------------------------------------------
Nonproliferation Programs............................ 298,369
Nonproliferation and Disarmament Fund............ [30,000]
Export Control and Related Border Security [64,000]
Assistance......................................
Global Threat Reduction.......................... [77,369]
Anti-terrorism Programs.............................. 152,631
Anti-terrorism Assistance........................ [99,540]
Terrorist Interdiction Program................... [25,091]
Counterterrorism Financing....................... [15,000]
Regional Stability & Humanitarian Assistance
Conventional Weapons Destruction..................... 179,000
Humanitarian Demining............................ [159,000]
[of which, UXO Laos]............................. [12,000]
[of which, additional UXO Southeast Asia and [10,000]
Pacific Islands]................................
------------------
Total, Nonproliferation, Anti-terrorism, 630,000
Demining, and Related Programs..............
OCO/GWOT..................................... 70,000
------------------
Total, Nonproliferation, Anti-terrorism, 700,000
Demining, and Related Programs with OCO/
GWOT....................................
------------------------------------------------------------------------
PEACEKEEPING OPERATIONS
The agreement provides $235,600,000 for Peacekeeping
Operations, and an additional $200,000,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The agreement provides $105,573,000 for International
Military Education and Training.
FOREIGN MILITARY FINANCING PROGRAM
The agreement provides $5,389,280,000 for Foreign Military
Financing Program, and an additional $530,000,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
Funds in this account are allocated according to the
following table, and are subject to section 7019 of this Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget authority
------------------------------------------------------------------------
Colombia............................................. 28,500
Egypt................................................ 1,300,000
Indonesia............................................ 14,000
Israel............................................... 3,100,000
Jordan............................................... 300,000
Mexico............................................... 7,000
Morocco.............................................. 7,000
------------------------------------------------------------------------
TITLE V--MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The agreement provides $344,020,000 for International
Organizations and Programs.
The agreement does not include a direct contribution for
UNESCO, which is prohibited due to the application of Public
Law 101-246 and Public Law 103-236.
[[Page H1167]]
Prior to the obligation of funds provided under this
heading for the UN High Commissioner for Human Rights, the
Secretary of State is directed to consult with the Committees
on Appropriations on the funding recommendations in the
Senate report.
Funds in this account are allocated according to the
following table and are subject to section 7019 of this Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Programs Budget authority
------------------------------------------------------------------------
International Civil Aviation Organization............ 800
International Conservation Programs.................. 7,900
International Development Law Organization........... 600
International Maritime Organization.................. 360
Intergovernmental Panel on Climate Change/UN 10,000
Framework Convention on Climate Change..............
International Chemicals and Toxin Programs........... 3,610
Montreal Protocol Multilateral Fund.................. 25,500
OAS Development Assistance Programs.................. 3,400
OAS Fund for Strengthening Democracy................. 4,500
Inter-American Commission on Human Rights........ [2,000]
Regional Cooperation Agreement on Combating Piracy 50
and Armed Robbery Against Ships in Asia.............
UN Office for the Coordination of Humanitarian 3,000
Affairs.............................................
UN Voluntary Fund for Technical Cooperation in the 1,250
Field of Human Rights...............................
UN Women............................................. 7,500
UN Human Settlements Program......................... 1,400
UN Capital Development Fund.......................... 900
UN Democracy Fund.................................... 4,200
UN Development Program............................... 80,000
UN Environment Program............................... 7,550
UN Children's Fund................................... 132,000
UN High Commissioner for Human Rights................ 5,500
UN Population Fund................................... 35,000
UN Voluntary Fund for Victims of Torture............. 6,350
World Meteorological Organization.................... 1,650
World Trade Organization Technical Assistance........ 1,000
------------------
Total, International Organizations and Programs.. 344,020
------------------------------------------------------------------------
International Financial Institutions
The agreement does not include a general provision
requiring the Secretary of the Treasury to submit a report on
progress that certain international financial institutions
are making on a number of reforms related to general capital
increases. However, this report shall continue to be
submitted to the Committees on Appropriations through
September 30, 2014, and the agreement includes a provision
supporting independent evaluations conducted by entities
external to such institutions of loans, grants, and certain
other activities.
GLOBAL ENVIRONMENT FACILITY
The agreement provides $143,750,000 for Global Environment
Facility.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The agreement provides $1,355,000,000 for Contribution to
the International Development Association.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The agreement provides $186,957,000 for Contribution to the
International Bank for Reconstruction and Development.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement provides $2,928,990,899 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
The agreement provides $184,630,000 for Contribution to the
Clean Technology Fund.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND
The agreement provides $49,900,000 for Contribution to the
Strategic Climate Fund.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The agreement provides $133,000,000 for Global Agriculture
and Food Security Program.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
The agreement provides $102,000,000 for Contribution to the
Inter-American Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement provides $4,098,794,833 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The agreement provides $6,298,000 for Contribution to the
Enterprise for the Americas Multilateral Investment Fund.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
The agreement provides $106,586,000 for Contribution to the
Asian Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement provides $2,558,048,769 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The agreement provides $109,854,000 for Contribution to the
Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The agreement provides $32,418,000 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement provides $507,860,808 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The agreement provides $176,336,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The agreement provides $30,000,000 for Contribution to the
International Fund for Agricultural Development.
TITLE VI--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The agreement provides $5,100,000 for the Inspector General
for the Export-Import Bank.
PROGRAM ACCOUNT
The agreement recommends that 20 percent of program
authority made available should be used to finance exports by
United States small businesses.
Six months after enactment of this Act and every six months
thereafter until September 30, 2015, the President of the
Export-Import Bank is directed to provide to the Committees
on Appropriations a report detailing the percentage of the
aggregate loan, guarantee, and insurance authority, and the
total dollar amount, that has been used to finance small
business exports; a comparison of the small business exports
generated over the prior 6 month and 12 month periods; and
funding and staffing for, and the level of small business
exports generated by, each regional office. The President is
further directed to include a description of steps
implemented to increase the level of export financing for
small businesses above 20 percent of programs.
The Export-Import Bank is directed to report to the
Committees on Appropriations, and post on its Web site, any
proposed use in fiscal year 2014 of the aggregate loan,
guarantee, and insurance authorities available to the Export-
Import Bank that would result in greenhouse gas emissions
from the extraction or production of fossil fuels or the use
of fossil fuels in electricity generation that exceeds the
average of total emissions in the previous 5 fiscal years
resulting from the use of such authorities, and the amount of
the increase.
ADMINISTRATIVE EXPENSES
The agreement provides $115,500,000 for Administrative
Expenses for the Export-Import Bank.
The President of the Export-Import Bank shall consult with
the Committees on Appropriations on the funding
recommendations under this heading in the Senate report prior
to the obligation of funds.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The agreement provides $62,574,000 for Noncredit Account of
the Overseas Private Investment Corporation (OPIC).
PROGRAM ACCOUNT
The agreement provides $27,371,000 for Program Account of
OPIC.
TRADE AND DEVELOPMENT AGENCY
The agreement provides $55,073,000 for Trade and
Development Agency.
TITLE VII--GENERAL PROVISIONS
The following general provisions are continued in this Act
substantively unchanged from the fiscal year 2012 Act
(division I of Public Law 112-74), as carried forward or
modified by the Consolidated and Further Continuing
Appropriations Act, 2013 (division F of Public Law 113-6):
Sec. 7001. Allowances and Differentials
Sec. 7002. Unobligated Balances Report
Sec. 7003. Consulting Services
Sec. 7005. Personnel Actions
Sec. 7007. Prohibition Against Direct Funding for Certain
Countries
Sec. 7008. Coups d'etat
Sec. 7009. Transfer Authority
Sec. 7010. Reporting Requirement
Sec. 7011. Availability of Funds
Sec. 7012. Limitation on Assistance to Countries in Default
Sec. 7014. Reservations of Funds
Sec. 7016. Notification on Excess Defense Equipment
Sec. 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization
Sec. 7019. Allocations
Sec. 7021. Prohibition on Assistance to Governments
Supporting International Terrorism
Sec. 7022. Authorization Requirements
Sec. 7023. Definition of Program, Project, and Activity
Sec. 7024. Authorities for the Peace Corps, Inter-American
Foundation and United States African Development Foundation
Sec. 7025. Commerce, Trade and Surplus Commodities
Sec. 7026. Separate Accounts
Sec. 7027. Eligibility for Assistance
Sec. 7030. Debt-for-Development
Sec. 7033. Multi-Year Pledges
Sec. 7035. Arab League Boycott of Israel
Sec. 7036. Palestinian Statehood
Sec. 7037. Restrictions Concerning the Palestinian
Authority
Sec. 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation
Sec. 7039. Assistance for the West Bank and Gaza
Sec. 7046. Prohibition of Payments to United Nations
Members
Sec. 7047. War Crimes Tribunals
Sec. 7049. Community-Based Police Assistance
[[Page H1168]]
Sec. 7050. Prohibition on Promotion of Tobacco
Sec. 7051. International Conferences
Sec. 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments
Sec. 7055. Prohibition on Publicity or Propaganda
Sec. 7056. Limitation on Residence Expenses
Sec. 7057. United States Agency for International
Development Management (Including Transfer of Funds)
Sec. 7061. Uzbekistan
Sec. 7062. Requests for Documents
Sec. 7063. United Nations Population Fund
Sec. 7064. Overseas Private Investment Corporation
Sec. 7067. Extradition
Sec. 7068. Commercial Leasing of Defense Articles
Sec. 7072. Prohibition on First-Class Travel
Sec. 7078. Use of Funds in Contravention of this Act
The following general provisions are new or substantively
modified from those included in division I of Public Law 112-
74, and as carried forward or modified by division F of
Public Law 113-6:
Sec. 7004. Diplomatic Facilities (Modified)
Sec. 7006. Local Guard Contracts (Modified)
The Secretary of State is directed to consult with the
appropriate congressional committees on plans to use the
expanded best value authority conferred in this section.
Sec. 7013. Prohibition on Taxation of United States
Assistance (Modified)
The agreement modifies this provision to strengthen the
requirements that are intended to prevent the taxation of
United States foreign assistance or ensure it is reimbursed
to the United States Government. The Secretary of State shall
include in the report required in subsection (h) a plan to
improve the Department of State's tracking of tax-related
changes included in updated or new bilateral agreements, and
the report in subsection (b) shall include all taxes that
were not reimbursed, including taxes on funds allocated for
the central government of a country.
Sec. 7015. Notification Requirements (Modified)
Sec. 7017. Limitation on Availability of Funds for
International Organizations and Programs (Modified)
Sec. 7020. Representation and Entertainment Expenses
(Modified)
Sec. 7028. Local Competition (Modified)
Sec. 7029. International Financial Institutions (Modified)
Sec. 7031. Financial Management and Budget Transparency
(Modified)
Subsection (b) is modified to require an annual ``Fiscal
Transparency Report'' and such report shall include a two-
tiered list of countries, with rankings based on the level of
compliance by a country to meet the requirements of
subsection (b), similar to the annual Trafficking in Persons
report.
Sec. 7032. Democracy Programs (Modified)
Sec. 7034. Special Provisions (Modified)
In implementing subsection (f) of this section, the
Secretary of State and USAID Administrator are directed to
comply with the reporting requirement included in the House
report, and shall address in such report the items listed
under Development Assistance in the Senate report. Such
consultation shall also include consideration of direct
vetting and a strategy for evaluation of the pilot program.
In addition to the directives in subsection (k) of this
section and with respect to the implementation of section
203(a)(2) of Public Law 110-457, the Secretary of State is
directed to consider the failure to provide a replacement
passport within a reasonable period of time to a T-visa
recipient; the existence of multiple concurrent civil suits
against members of the diplomatic mission; or failure to
satisfy a civil judgment against an employee of the
diplomatic mission as sufficient to determine that such
mission ``tolerated such actions''.
Subsection (l) modifies section 620M of the Foreign
Assistance Act of 1961 for purposes of consistency, and is
not intended to modify the current vetting procedures of the
Department of State. Not later than 30 days after enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations describing such vetting
procedures.
Sec. 7040. Limitation on Assistance for the Palestinian
Authority (Modified)
The agreement includes language modifying a prior year
certification requirement for assistance for the Palestinian
Authority. All parties to the Israeli-Palestinian conflict
should refrain from incitement of violence in order to
promote peaceful coexistence in the region.
Sec. 7041. Middle East and North Africa (Modified)
Egypt.--The agreement includes conditions, limitations, and
exceptions in subsection (a) related to assistance for Egypt
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
Paragraph (1) requires the Secretary of State to certify
that the Government of Egypt is sustaining the strategic
relationship with the United States and meeting its
obligations under the 1979 Egypt-Israel Peace Treaty prior to
the availability of funds appropriated by this Act.
Paragraph (2) recommends assistance for Egypt under
Economic Support Fund, and includes funding for higher
education programs, including scholarships. Funds may also be
made available for democracy programs.
Such assistance made available by this Act and prior Acts
is provided for education and economic growth programs in
Egypt, notwithstanding any provision of law restricting
assistance for Egypt, including restrictions contained in
this subsection, and subject to prior consultation with the
appropriate congressional committees. If such assistance is
provided for higher education programs, including
scholarships, the Secretary of State and USAID Administrator
should prioritize educational opportunities for Egyptian
students that focus on public sector management, business
administration, and entrepreneurship. Cash transfer
assistance and budget support made available by this Act and
prior Acts may not be made available unless the Secretary of
State certifies that the Government of Egypt is taking steps
to stabilize the economy and implement economic reforms. The
Secretary of State shall consider whether such economic
reforms are market-based and promote individual property
rights and the rule of law.
In addition, the Secretary of State may reduce funds
provided under Economic Support Fund to the central
Government of Egypt by an amount 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.
Paragraph (3) recommends assistance for Egypt under Foreign
Military Financing Program, to remain available for two
years, and which may be transferred to an interest bearing
account in the Federal Reserve Bank of New York, if the
Secretary of State certifies to the Committees on
Appropriations that Egypt is meeting its commitments to a
democratic transition, as described in paragraph (6).
However, if the Secretary is unable to make such
certifications, authority is provided to continue existing
contracts at the minimum rate necessary with fiscal year 2014
funds, notwithstanding any provision of law restricting
assistance for Egypt, subject to consultation with the
Committees on Appropriations, except that defense articles
and services from such contracts shall not be delivered until
the certifications in subparagraph (6)(A) or (B) are made.
Paragraph (4) provides that prior year funds under Foreign
Military Financing Program may be available at the minimum
rate necessary to continue existing contracts, following
consultation with the Committees on Appropriations.
Paragraph (5) provides for certain security exemptions for
assistance made available for Egypt in this and prior acts,
including for counterterrorism, border security, and
nonproliferation programs, and development activities in the
Sinai.
Paragraph (6) provides that assistance for the Government
of Egypt appropriated by this Act may only be made available
in the following manner: up to $975,000,000 may be made
available if the Secretary of State certifies that the
Government of Egypt has held a constitutional referendum, and
is taking steps to support a democratic transition in Egypt;
and up to $576,800,000 is made available if the Secretary
certifies 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.
The amounts provided by subparagraph (6)(A) should be
sufficient to allow payment of existing contracts at the
minimum rate necessary through fiscal year 2014.
For purposes of this paragraph, the certification in
subparagraph (6)(A) should also include consideration of the
conduct of the referendum, including voter participation, and
the support by the Government of Egypt for the development of
democratic political processes and basic freedoms, including
civil society and the media. The certification in
subparagraph (6)(B) should include consideration of the
conduct of parliamentary and presidential elections,
including voter participation and election monitoring, and
steps taken by the newly elected Government to protect human
rights and the rule of law, including the rights of women and
religious minorities. The Secretary of State should encourage
the Government of Egypt to continue to support religious
minority communities and the places where they congregate.
Funds from this Act may be made available for the Secretary
of State to conduct a multi-year strategic review of military
and economic assistance for Egypt, if authorized by a
subsequent act of Congress.
Not later than 30 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing the defense articles withheld from
delivery to Egypt as of the date of enactment of this Act,
and the conditions and timeline under which the delivery of
such items will resume.
Not later than 30 days after enactment of this Act and
every 90 days thereafter until September 30, 2014, the
Secretary of State shall submit an analysis to the Committees
on Appropriations of actions by the Government of Egypt to
prosecute and bring to trial officials of previous Egyptian
governments. The report should take into consideration the
views of relevant human rights and other organizations
monitoring such trials.
Iran.--The Secretary of State shall fulfill the
requirements contained in section 7041(b)(1) and (2) of the
Senate bill, including consulting with the appropriate
congressional committees.
[[Page H1169]]
Iraq.--The Secretary of State is directed to continue to
implement cost-matching requirements on assistance for Iraq
in a manner similar to prior years, and should require the
Government of Iraq to assume a greater share of such costs.
Lebanon.--The Secretary of State shall regularly consult
with the Committees on Appropriations on the activities of
the Lebanese Armed Forces and assistance provided by the
United States.
Libya.--The Secretary of State is directed to include in
any notification for assistance for Libya from funds made
available in title IV of this Act a detailed justification
for such assistance and a description of the vetting
procedures used for any individual or unit receiving such
assistance.
Loan Guarantees and Enterprise Funds.--The third proviso of
section 7041(b) of division I of Public Law 112-74 shall
apply to this section annually.
Yemen.--Assistance for the Armed Forces of Yemen should be
made available only if such forces are cooperating with the
United States on counterterrorism efforts against Al Qaeda
and other terrorist organizations.
Sec. 7042. Africa (Modified)
Africa Programs.--In implementing subsection (g) of this
section, the Secretary of State shall follow the directives
contained in the provisos in section 7042(f)(3) of the Senate
bill, and the guidance in the Senate report under ``Africa
Pilot Programs''.
Lord's Resistance Army.--Not later than 90 days after
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the USAID
Administrator, shall submit a report to the Committees on
Appropriations detailing progress toward implementation of
the Administration's counter-LRA strategy and the policy
objectives included in Public Law 111-172, and shall include
the amounts and description of the assistance provided for
such purposes.
Natural Resource Transparency.--The agreement does not
include the House provision on Natural Resource Transparency
under this section, but does make funds available for such
purposes under section 7060(c) of this Act.
Somalia.--The agreement modifies the Senate provision on
Somalia and funds made available for assistance for Somalia
shall be programmed in a manner that does not exacerbate
regional, clan, or ethnic tensions in the country.
Rwanda and Uganda.--The Department of State is directed to
inform the Committees on Appropriations of any credible
information that the governments of Rwanda or Uganda are
providing political, military, financial, or other support to
armed groups in the Democratic Republic of Congo, including
M23 or its successors, that have violated human rights or are
involved in other illegal activity.
South Sudan.--The Secretary of State shall consult with the
Committees on Appropriations on the impact of ongoing
violence on United States assistance for South Sudan and
plans for such assistance in fiscal year 2014. The Department
of State and USAID should continue to update the Committees
on efforts to mitigate such unrest and to address the
humanitarian needs of the people of South Sudan.
Sec. 7043. East Asia and the Pacific (Modified)
Burma.--Section 7043(b) of the Act includes language
similar to that proposed by the House and Senate regarding
assistance for Burma.
In addition to programs specified in section 7043(b)(2) of
this Act, the Department of State and USAID shall support
programs for former political prisoners (including health,
education, and vocational training activities); women's
development and empowerment; and programs to monitor the
number of political prisoners in Burma.
The President did not request assistance for Burma under
International Military Education and Training and Foreign
Military Financing Program, and the agreement includes no
such assistance. Consideration for such assistance shall be
based on submission of such a request by the President in
subsequent fiscal years and the continuation of reform in
Burma, including progress by the armed forces of Burma to
address human rights violations, particularly against ethnic
groups; efforts to bring to justice military officials
involved in such violations; and the adherence to conditions
of ceasefire agreements.
Section 7043(b)(6) of the Act continues the requirement
that any new program or activity in Burma initiated in fiscal
year 2014 is subject to prior consultation with the
appropriate congressional committees, including for programs
for ethnic groups and civil society to help sustain ceasefire
agreements and further prospects for reconciliation and
peace.
Cambodia.--Section 7043(c) includes language similar to
that proposed in the Senate bill regarding assistance for
Cambodia, which is intended to continue to assist the people
of Cambodia. Assistance to the central government is
conditioned on resolution of disputes in the conduct of July
2013 parliamentary elections, or the seating in parliament of
winning political parties.
Section 7043(c)(5) of the Act requires the Secretary of the
Treasury to report to the Committees on Appropriations
regarding World Bank agreements with Cambodia and appropriate
redress for Boeung Kak Lake families, as defined in the
Senate report under Economic Support Fund.
People's Republic of China.--The Secretary of State and
USAID Administrator are directed to provide no assistance to
the central government of the PRC under Global Health
Programs, Development Assistance, and Economic Support Fund,
except for assistance to detect, prevent, and treat
infectious diseases.
Philippines.--Prior to the obligation of funds appropriated
by this Act under Foreign Military Financing Program that are
available for assistance for the Philippines, the Secretary
of State shall submit a report to the Committees on
Appropriations describing steps taken by the Government of
the Philippines, including the military, during the previous
12 months to--
(1) prosecute and punish those responsible for
extrajudicial executions and forced disappearances, and
strengthen government institutions working to eliminate such
crimes;
(2) implement a policy of promoting military personnel who
demonstrate professionalism and respect for human rights, and
investigate, prosecute, and punish military personnel who
have been credibly alleged to have violated such rights; and
(3) prevent acts of violence or intimidation against
journalists or members of legal and other civil society
organizations and communities who advocate for human rights.
Sec. 7044. South and Central Asia (Modified)
Afghanistan.--Funds carried forward from prior years, in
addition to the funds made available by this Act, will
provide the Department of State and USAID with the resources
necessary to meet the requested operating levels in fiscal
year 2014 for Afghanistan. These funding levels support the
anticipated security costs and the planned Department and
agency staff for fiscal year 2014. In addition, the
Department of State and the USAID Offices of Inspectors
General and the Special Inspector General for Afghanistan
Reconstruction (SIGAR), which are critical for proper
oversight, are fully funded at the request level.
The agreement includes a total of $1,123,193,000 for
assistance for Afghanistan, which represents a fifty percent
reduction from the fiscal year 2013 level. The agreement
takes the necessary step of reducing new budget authority for
Afghanistan to a more sustainable level that can be
responsibly programmed and subject to effective oversight. In
developing this agreement, data was reviewed for programs
funded in previous appropriations Acts indicating that
many assistance programs have significant funding
pipelines that could take many years to obligate and
expend.
The mobility of Department of State and USAID personnel is
severely limited due to security constraints, and oversight
of programs will become increasingly difficult as the United
States military draws down its forces. The ability of third
party monitors to adequately monitor assistance programs in
such a challenging environment may be restricted and programs
should not be initiated in areas where the security situation
precludes adequate oversight. The Secretary of State and the
USAID Administrator shall consult with the Committees on
Appropriations prior to the obligation of assistance for
Afghanistan on the use of third party monitors for oversight
of programs and activities.
The funding provided by this Act reflects what can be
effectively programmed during this fiscal year, and
demonstrates a continued commitment to the people of
Afghanistan. The Department of State and USAID should
prioritize programs that have a record of success that
support women and girls, the rule of law, free and fair
elections, education, health, trade and investment, counter-
narcotics, and anti-trafficking. No new major infrastructure
projects should be undertaken with fiscal year 2014 funds.
Transfer authority is provided to the Department of State
in title VIII of this Act to increase humanitarian assistance
for Afghanistan should the security situation deteriorate. In
addition, transfer authority is provided for up to
$150,000,000 for programs in Central and South Asia relating
to the transition in Afghanistan.
For the purposes of paragraph (1) in subsection (a), the
determination required in the House report on security
requirements for implementing partners in Afghanistan shall
include organizations implementing programs for USAID and the
Department of State.
The spend plan required for Afghanistan by section 7076 of
this Act shall include achievable and sustainable goals,
benchmarks for measuring progress, and expected results. The
Secretary of State is directed to report to the Committees on
Appropriations 6 months after the spend plan is submitted on
the status of achieving these goals and benchmarks.
Submission of CNs for assistance for water, energy, and
transportation programs in excess of $5,000,000 shall include
criteria on how projects are based on best development
practices and will be sustained by the Government of
Afghanistan.
The agreement does not include the directive proposed by
the Senate to include security-related assistance in
calculations of budget support provided by the United States
to the Government of Afghanistan. The Department of State
should refrain from establishing arbitrary percentages for
budget support levels at future donor coordinating
conferences.
Pakistan.--Subsection (d) of the agreement includes
certification requirements for assistance for Pakistan. Due
to a significant
[[Page H1170]]
and continuing concern about the capabilities of the Haqqani
Network, the Secretary of State is directed to coordinate a
government-wide effort to use all appropriate measures
available to disrupt and degrade the operations and finances
of the Haqqani Network.
Sec. 7045. Western Hemisphere (Modified)
Colombia.--The agreement recommends assistance for Colombia
in accordance with the requirements of section 7045(a)(2) of
this Act. Of the funds appropriated by this Act under Foreign
Military Financing Program that are available for assistance
for Colombia, 25 percent may be obligated only if the
Secretary of State consults with, and subsequently certifies
and submits a report to, the Committees on Appropriations
that--
(1) cases involving members of the Colombian military who
have been credibly alleged to have violated human rights, or
to have aided, abetted, or benefitted from criminal or
illegal armed groups are subject only to civilian
jurisdiction during investigation and prosecution, and the
Colombian military is not opposing civilian jurisdiction in
such cases and is cooperating with civilian prosecutors and
judicial authorities;
(2) the Government of Colombia is upholding its
international obligations by investigating, prosecuting, and
punishing persons responsible for crimes against humanity,
war crimes, and other gross violations of human rights, and
is not offering amnesty to such persons; and
(3) the Government of Colombia is taking effective steps to
dismantle paramilitary successor groups and to protect the
rights of human rights defenders, journalists, trade
unionists, and other social activists, and is respecting the
rights and territory of indigenous and Afro-Colombian
communities.
Cuba.--In subsection (b), the agreement includes up to
$17,500,000 for programs and activities in Cuba, and of such
funds, not less than $7,500,000 shall be provided directly to
the NED. Not to exceed $10,000,000 shall be administered by
DRL and the Bureau of Western Hemisphere Affairs at the
Department of State. Funds should be programmed at a rate
that allows for proper management and oversight.
Guatemala.--There is concern with the failure of the
Government of Guatemala to implement the Reparations Plan for
Damages Suffered by the Communities Affected by the
Construction of the Chixoy Hydroelectric Dam (April 2010).
Section 7045(c) of this Act restricts assistance for the
Guatemalan army and requires a certification by the Secretary
of State. In addition, funds appropriated under Foreign
Military Financing Program may be obligated for assistance
for the army only if the Secretary of State also certifies
that the army--
(1) has a narrowly defined mission focused on border
security and external threats, and a credible plan to end the
army's involvement in internal law enforcement;
(2) is cooperating with civilian investigations and
prosecutions of human rights cases involving current and
retired military officers, with the Inter-American Court on
Human Rights, and with the International Commission Against
Impunity in Guatemala, including providing timely access for
investigators to witnesses, documents, forensic evidence, and
other relevant information; and
(3) is publicly disclosing all military archival documents
relating to the internal armed conflict in a timely manner in
response to requests by civilian judicial authorities.
The agreement includes additional conditions on assistance
for the Guatemalan Armed Forces relating to international
adoption cases.
Honduras.--The agreement modifies language in the Senate
bill regarding Honduras in subsection (e). There is concern
with the security challenges facing Honduras, which has
become a transit hub for illicit drugs from South America.
The assistance provided by this Act is intended to help stem
the trafficking and address related violence, corruption, and
impunity.
The agreement recognizes the need for fundamental reform of
Honduran law enforcement and judicial systems. In accordance
with section 7045(e) of this Act, 35 percent of funds that
are available for assistance for the Honduran military and
police may be obligated only if the Secretary of State
certifies that--
(1) the Government of Honduras is reducing corruption
including by prosecuting corrupt officials and removing them
from office;
(2) agreements between the United States and Honduras
concerning counter-narcotics operations, including assistance
for innocent victims of such operations, are being
implemented;
(3) the Government of Honduras is protecting freedom of
expression, association, and assembly, and due process of
law, including in the Bajo Aguan Valley;
(4) the Government of Honduras is investigating and
prosecuting in the civilian justice system military and
police personnel who are credibly alleged to have violated
human rights, including forced evictions, or to have aided or
abetted other armed groups involved in such acts; and
(5) the Honduran military and police are cooperating with
civilian judicial authorities in such cases.
Mexico.--The agreement supports assistance for Mexico to
combat drug trafficking and related violence and corruption,
and for law enforcement and judicial reform. There is concern
with reports of abuses by Mexican security forces, and
subsection (f) requires that of the funds appropriated by
this Act under International Narcotics Control and Law
Enforcement and Foreign Military Financing Program that are
available for assistance for the Mexican military and police,
15 percent may be obligated only if the Secretary of State
reports in writing to the Committees on Appropriations that--
(1) the Government of Mexico is investigating and
prosecuting military personnel who are credibly alleged to
have committed human rights violations, and is taking the
necessary steps to codify this practice into law by reforming
Mexico's military code of justice,in accordance with rulings
by Mexico's Supreme Court and the Inter-American Court of
Human Rights;
(2) the Government of Mexico is enforcing prohibitions
against torture and the use of testimony obtained through
torture;
(3) the Mexican military and police are promptly
transferring detainees to the custody of civilian judicial
authorities, in accordance with Mexican law, and are
cooperating with such authorities in such cases; and
(4) the Government of Mexico is searching for the victims
of forced disappearances and is investigating and prosecuting
those responsible for such crimes.
Sec. 7048. United Nations (Modified)
Sec. 7052. Aircraft Transfer and Coordination (Modified)
Sec. 7054. Landmines and Cluster Munitions (Modified)
Sec. 7058. Global Health Activities (Modified)
Sec. 7059. Gender Equality (Modified)
Sec. 7060. Sector Allocations (Modified)
The agreement provides not less than $1,153,500,000 for
bilateral and multilateral environment programs in this Act,
including not less than $123,500,000 for sustainable
landscapes, not less than $212,500,000 for biodiversity, and
not less than $45,000,000 to combat wildlife poaching and
trafficking. Funds for certain bilateral environment programs
are allocated according to the following table and are
subject to section 7019 of this Act:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget authority
------------------------------------------------------------------------
Andean Amazon........................................ 20,000
Brazilian Amazon..................................... 10,500
United States Forest Service......................... 3,500
Mayan Biosphere--Department of Interior.............. 1,000
Lacey Act............................................ 2,000
Central Africa Regional Program for the Environment 31,000
(CARPE).............................................
of which, USAID.................................. [13,500]
of which, USFWS.................................. [17,500]
------------------------------------------------------------------------
The rapid increase in the destruction of wildlife habitat
and wildlife poaching and trafficking has serious
implications for endangered species and international
security and stability. The agreement includes additional
funding to address this crisis and support implementation of
the United States strategy to address these challenges.
Expertise from across the United States Government should be
coordinated and used to maximize the impact of these efforts.
Funds are directed to support regional wildlife enforcement
networks; address consumer demand, including in Asia;
strengthen law enforcement; and enhance regional cooperation
and anti-trafficking networks. The Secretary of State, USAID
Administrator, and Director of the United States Fish and
Wildlife Service (USFWS) are directed to consult with the
Committees on Appropriations, not later than 45 days after
enactment of this Act, on the uses of funds for these
purposes. The Secretary of State is further directed to
submit a report to the Committees on Appropriations, not
later than 180 days after enactment of this Act, on
implementation of the United States strategy.
The agreement includes funds to support the work of the
Department of State Bureaus of Counterterrorism,
International Narcotics and Law Enforcement Affairs, and
Political and Military Affairs in strengthening the capacity
of law enforcement and security services to combat wildlife
poaching and trafficking.
The agreement includes not less than $31,000,000 for CARPE,
including $17,500,000 apportioned directly to the USFWS.
Funds made available for CARPE should be used to support
programs and activities as described under this section in
the House report and under Development Assistance in the
Senate report.
The agreement includes not less than $5,000,000 from funds
appropriated under title III of this Act, to be administered
by USAID, for small grants to support recycling initiatives
in poor countries to reduce waste, improve sanitation and
health, and generate income.
The agreement includes not less than $5,000,000 from funds
appropriated under title III of this Act, to be administered
by USAID, for small grants to support initiatives in poor
countries where the air, soil and/or water is polluted by
toxic chemicals to eliminate the threats to health and the
environment caused by such pollution.
The agreement provides not less than $50,521,000 for
programs and activities to combat trafficking in persons
internationally, including for assistance as provided in the
following table:
TRAFFICKING IN PERSONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance....................................... 7,722
[[Page H1171]]
Economic Support Fund........................................ 12,142
International Narcotics Control and Law Enforcement.......... 24,136
------------------------------------------------------------------------
The agreement includes $6,521,000 under Diplomatic and
Consular Programs for the Office to Monitor and Combat
Trafficking in Persons, Department of State. Pursuant to the
Trafficking Victims Protection Act of 2000, as amended by
Public Law 113-4, $5,000,000 of the funds made available
under International Narcotics Control and Law Enforcement
shall be made available for child protection compacts.
The directive in the Senate report for a Government
Accountability Office review of the methodology and
effectiveness of the Trafficking in Persons Report shall be
delayed until any new or modified requirements impacting the
Report's methodology resulting from the enactment of the
William Wilberforce Trafficking Victims Reauthorization Act
of 2008 and the Trafficking Victims Protection
Reauthorization Act of 2000, as amended by Public Law 113-4,
can be appropriately assessed.
Sec. 7065. International Prison Conditions (Modified)
Sec. 7066. Prohibition on Use of Torture (Modified)
Sec. 7069. Independent States of the Former Soviet Union
(Modified)
Sec. 7070. International Monetary Fund (Modified)
Sec. 7071. Sovereignty of the Post-Soviet States (New)
Sec. 7073. Limitation on Certain Awards (New)
Sec. 7074. Enterprise Funds (Modified)
Sec. 7075. Arms Trade Treaty (New)
Sec. 7076. Budget Documents (Modified)
Sec. 7077. Special Defense Acquisition Fund (Modified)
Sec. 7079. Disability Programs (Modified)
Sec. 7080. Global Internet Freedom (New)
Sec. 7081. Impact on Jobs in the United States (Modified)
The agreement includes a provision to allow support by the
Export-Import Bank of the United States and the Overseas
Private Investment Corporation for coal-fired and other power
generation projects in International Development Association
(IDA) and IDA-blend eligible countries. This provision is
expected to increase affordable electricity, especially to
those without current access to electricity, as well as to
support increased exports from the United States and prevent
the loss of United States jobs.
Sec. 7082. Death Gratuity and other Benefits (New)
Sec. 7083. Preadoption Visitation Requirement (New)
The following general provisions included in division I of
Public Law 112-74, as carried forward or modified in division
F of Public Law 113-6, have been modified and merged with
other provisions in this Act: Sections 7061 and 7086.
The agreement does not continue the following general
provisions included in division I of Public Law 112-74, as
carried forward or modified by division F of Public Law 113-
6: Sections 7032, 7042, 7076, 7081, 7082, 7083, and 7084.
TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS
Funds designated as OCO/GWOT under this title address the
extraordinary costs of contingency operations in Afghanistan,
Pakistan, and Iraq; stabilization and response efforts,
including in the Middle East and North Africa; and other
programs that address counterterrorism, counterinsurgency,
and humanitarian crises.
The account funding levels contained in this explanatory
statement for Afghanistan, Pakistan, and Iraq should guide
the Department of State and USAID in lieu of such levels
contained in the House and Senate reports. Reporting
requirements and other directives should be implemented as
contained in the House report and Senate report. Account and
programmatic funding levels established by the Secretary of
State for Afghanistan, Pakistan, and Iraq shall be reported
to the Committees on Appropriations in accordance with the
report required by section 653(a) of the Foreign Assistance
Act of 1961 and the spend plans required by section 7076(b)
of this Act. The Secretary of State and USAID Administrator
are directed to consult with the Committees on Appropriations
on a regular and ongoing basis on operations and assistance
for Afghanistan, Pakistan, and Iraq.
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
(including transfer of funds)
The agreement provides an additional $1,391,109,000 for
Diplomatic and Consular Programs, of which $900,274,000 is
for Worldwide Security Protection, for the extraordinary
costs of operations in Afghanistan, Pakistan, Iraq, and other
areas of unrest, which is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of
1985.
Within the total, up to $490,835,000 is for ongoing
operations (excluding Worldwide Security Protection) in
Afghanistan, Pakistan, and Iraq. This amount, combined with
$419,078,000 of funds carried forward from unobligated fiscal
year 2013 appropriations, provides up to $909,913,000 to meet
the current requirements for such operations in fiscal year
2014.
The agreement rescinds $427,296,000 from prior year
unobligated balances appropriated under this heading for
operations that resulted from reduced diplomatic and
development footprints in Afghanistan and Iraq. Not later
than 30 days after enactment of this Act, the Department of
State is directed to consult with the Committees on
Appropriations on the allocation of the remaining unobligated
fiscal year 2013 balances under this heading, including funds
reserved for areas of unrest.
Sections 7041(c) and 7044(a) of this Act include additional
directives and limitations related to operations in Iraq and
Afghanistan, respectively.
conflict stabilization operations
The agreement provides an additional $8,500,000 for
Conflict Stabilization Operations for deployment costs,
including to Afghanistan, Pakistan, and Iraq, which is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
The agreement provides an additional $49,650,000 for Office
of Inspector General at the Department of State for the
Special Inspector General for Afghanistan Reconstruction and
is designated for OCO/GWOT pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985.
educational and cultural exchange programs
The agreement provides an additional $8,628,000 for
Educational and Cultural Exchange Programs for the costs of
exchange and public diplomacy programs in Afghanistan,
Pakistan, and Iraq, which is designated for OCO/GWOT pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985.
embassy security, construction, and maintenance
The agreement provides an additional $275,000,000 for
Embassy Security, Construction, and Maintenance, of which
$250,000,000 is for the construction of a New Consulate
Compound in Erbil, Iraq and $25,000,000 is for physical
security improvements at expeditionary, interim, and
temporary facilities, which is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
International Organizations
contributions to international organizations
The agreement provides an additional $74,400,000 for
Contributions to International Organizations for the
extraordinary costs of UN missions in Afghanistan and Iraq,
which is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
The agreement provides an additional $4,400,000 for
International Broadcasting Operations for the extraordinary
costs of United States international broadcasting to
Afghanistan and Pakistan, which is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
RELATED PROGRAMS
United States Institute of Peace
The agreement provides an additional $6,016,000 for United
States Institute of Peace for the extraordinary costs of USIP
programs in Afghanistan, Pakistan, Iraq, and the Middle East,
which is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
The agreement provides an additional $81,000,000 for
Operating Expenses for the extraordinary costs of operations
in Afghanistan, Pakistan, and Iraq, which is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
office of inspector general
The agreement provides an additional $10,038,000 for Office
of Inspector General at USAID for the extraordinary costs of
oversight activities of programs and operations in
Afghanistan, Pakistan, and Iraq, which is designated for OCO/
GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
The agreement provides an additional $924,172,000 for
International Disaster Assistance for the extraordinary costs
of the United States response to international disasters and
crises, including those resulting from conflict, which is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
transition initiatives
The agreement provides an additional $9,423,000 for
Transition Initiatives for the extraordinary costs of
contingency operations in conflict countries and countries
emerging from conflict, which is designated for OCO/GWOT
pursuant to the Balanced
[[Page H1172]]
Budget and Emergency Deficit Control Act of 1985.
complex crises fund
The agreement provides an additional $20,000,000 for
Complex Crises Fund for the extraordinary costs of addressing
security and stabilization requirements in conflict
countries, including Afghanistan, Pakistan, Iraq, and
countries of the Middle East and North Africa, which is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
Section 8003(c) provides authority to the Secretary of
State to transfer funds, not to exceed a total of
$460,000,000, from funds made available by this title under
Economic Support Fund, International Narcotics Control and
Law Enforcement, and Foreign Military Financing Program to
funds available under this heading. The Department of State
should include specific amounts planned to be obligated by
account and the amounts planned to be transferred to Complex
Crises Fund in the report required by section 653(a) of the
Foreign Assistance Act of 1961, to the extent possible.
For purposes of implementing this agreement, the USAID
Administrator shall have responsibility for the uses of funds
appropriated under this heading in title III of this Act, in
consultation with the Secretary of State, and the Secretary
of State shall have responsibility for the uses of funds
appropriated under this heading in this title.
Funds made available under this heading should be allocated
mainly for the prevention of complex crises and to respond to
unanticipated contingencies, and the Department of State and
USAID, as appropriate, shall ensure proper oversight of the
uses of such funds.
economic support fund
The agreement provides an additional $1,656,215,000 for
Economic Support Fund for the extraordinary costs of
contingency operations in Afghanistan, Pakistan, and Iraq and
other areas of unrest. The full amount provided is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The agreement includes funds for priority activities
including democracy programs, civilian assistance programs in
Afghanistan and Pakistan, the Marla Ruzicka Iraqi War Victims
Fund, and the Iraqi women's democracy initiative.
Department of State
migration and refugee assistance
The agreement provides an additional $1,284,355,000 for
Migration and Refugee Assistance for the extraordinary costs
of the United States response to humanitarian crises
resulting from conflict, including in Africa, the Near East,
and South Asia, which is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of
1985.
The funds provided under this heading are above the budget
request to address acute humanitarian needs, particularly the
large number of individuals and families who have fled Syria
to neighboring countries, such as Jordan, Turkey, and
Lebanon.
The impact of Syrian refugees on countries in the region is
growing, and the implications for neighboring countries are
severe. Jordan and Lebanon, in particular, are challenged by
the conflict and the agreement provides assistance for these
countries in humanitarian and economic accounts. The
Department of State is to consult with the Committees on
Appropriations on an appropriate strategy to address the
increasing challenges to Jordan, Lebanon, Iraq, and Turkey
posed by such refugees.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
The agreement provides an additional $344,390,000 for
International Narcotics Control and Law Enforcement for the
extraordinary costs of contingency operations, including in
Afghanistan, and for areas in conflict or crisis. The amount
provided is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
The agreement provides an additional $70,000,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs for the extraordinary costs of anti-terrorism and
other assistance, including in Afghanistan, Pakistan, and
Iraq, which is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
peacekeeping operations
The agreement provides an additional $200,000,000 for
Peacekeeping Operations, including funding for the
extraordinary cost of the United States share of UN
Operations in Somalia and funds for the Central African
Republic, which is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
Funds Appropriated to the President
foreign military financing program
The agreement provides an additional $530,000,000 for
Foreign Military Financing Program for the extraordinary
costs of contingency operations, including in Iraq and for
complex crises, which is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS
Sec. 8001. Additional Appropriations
This section clarifies that amounts appropriated by this
title are in addition to amounts appropriated or otherwise
made available in this Act for fiscal year 2014.
Sec. 8002. Extension of Authorities and Conditions
This section makes applicable to funds appropriated in this
title the authorities and conditions applicable to such
accounts elsewhere in the Act.
Sec. 8003. Transfer Authority
Subsection (a) provides authority for the Secretary of
State to transfer funds appropriated by this title in this
Act under Diplomatic and Consular Programs and Embassy
Security, Construction, and Maintenance between such
headings.
Subsection (b) provides authority for the Secretary of
State to transfer funds appropriated by this title under
Economic Support Fund; International Narcotics Control and
Law Enforcement; Nonproliferation, Anti-terrorism, Demining
and Related Programs; Peacekeeping Operations; and Foreign
Military Financing Program between such headings and to
International Disaster Assistance and Migration and Refugee
Assistance. Funds may not be transferred out of International
Disaster Assistance and Migration and Refugee Assistance.
Subsection (c) provides authority for the Secretary of
State to transfer from funds appropriated by this title in
this Act, not to exceed $400,000,000 from Economic Support
Fund, not to exceed $10,000,000 from International Narcotics
Control and Law Enforcement, and not to exceed $50,000,000
from Foreign Military Financing Program to funds made
available under Complex Crises Fund and requires notification
prior to executing any such transfers.
Subsection (d) provides authority for the Secretary of
State to transfer funds appropriated by this title in this
Act under International Narcotics Control and Law
Enforcement, Peacekeeping Operations, and Foreign Military
Financing Program at a level that shall not exceed
$25,000,000 to funds previously made available under Global
Security Contingency Fund and requires the Secretary of State
to notify the Committees on Appropriations on the
implementation plans and timelines for such funds.
Subsection (e) requires that any transfers pursuant to
subsections (a) and (b) of this section only be exercised to
address unanticipated contingencies and prohibits any
transfer reducing an account by more than 15 percent or
increasing any account by more than 25 percent.
Subsection (f) subjects the transfer authority provided by
this section to the regular notification procedures of the
Committees on Appropriations.
Sec. 8004. Rescission of Funds
[[Page H1173]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.532
[[Page H1174]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.533
[[Page H1175]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.534
[[Page H1176]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.535
[[Page H1177]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.536
[[Page H1178]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.537
[[Page H1179]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.538
[[Page H1180]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.539
[[Page H1181]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.540
[[Page H1182]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.541
[[Page H1183]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.542
[[Page H1184]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.543
[[Page H1185]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.544
[[Page H1186]]
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Congressional Directives
Report language included in House Report 113-136 (``the
House report'') or Senate Report 113-45 (``the Senate
report'') that is not changed by this explanatory statement
or this Act is approved. The explanatory statement, while
repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly
provided herein. In cases where both the House report and the
Senate report address a particular issue not specifically
addressed in the explanatory statement, the House report and
the Senate report should be read as consistent and are to be
interpreted accordingly. In cases where the House report or
the Senate report directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. The Department of
Transportation and the Department of Housing and Urban
Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program or authority. Any reprogramming
requests must be submitted to the Committees on
Appropriations no later than June 30, 2014.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The agreement provides $107,000,000 for the salaries and
expenses of the Office of the Secretary. The agreement
includes funding by office as specified below. Funds are
available for transfer between all offices under certain
conditions.
Immediate Office of the Secretary....................... $2,652,000
Immediate Office of the Deputy Secretary................ 1,000,000
Office of the General Counsel........................... 19,900,000
Office of the Under Secretary for Transportation Policy. 10,271,000
Office of the Assistant Secretary for Budget and 12,676,000
Programs...............................................
Office of the Assistant Secretary for Government Affairs 2,530,000
Office of the Assistant Secretary for Administration.... 26,378,000
Office of the Assistant Secretary for Public Affairs.... 2,020,000
Office of the Executive Secretariat..................... 1,714,000
Office of Small and Disadvantaged Business Utilization.. 1,386,000
Office of Intelligence, Security, and Emergency Response 10,778,000
Office of the Chief Information Officer................. 15,695,000
The Office of the General Counsel is funded at $19,900,000,
which includes an additional $2,500,000 to fund aviation
enforcement activities. The Office of Budget is funded at
$12,676,000, which includes $2,000,000 to establish a credit
oversight office. Of the funds provided to the Office of the
Assistant Secretary for Administration, $800,000 is for
procurement reviews and $150,000 is for a diversity workforce
plan. No additional funds are provided for sustainability
requirements. The agreement funds the Office of the Under
Secretary for Transportation Policy at $10,271,000, but does
not provide additional funds for new full-time equivalents
(FTE) or enforcement workshops.
RESEARCH AND TECHNOLOGY
The agreement provides $14,765,000 for the Office of the
Assistant Secretary for Research and Technology.
NATIONAL INFRASTRUCTURE INVESTMENTS
The agreement provides $600,000,000 for capital investments
in surface transportation infrastructure, commonly known as
the ``TIGER'' program.
FINANCIAL MANAGEMENT CAPITAL
The agreement provides $7,000,000 for the financial
management capital program.
CYBER SECURITY INITIATIVES
The agreement provides $4,455,000 for departmental cyber
security initiatives.
OFFICE OF CIVIL RIGHTS
The agreement provides $9,551,000 for the office of civil
rights.
TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT
(INCLUDING RESCISSIONS)
The agreement provides $7,000,000 for planning, research
and development activities, and rescinds $2,750,000 from
prior year funds.
WORKING CAPITAL FUND
The agreement limits expenditures for working capital fund
activities to $178,000,000.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The agreement provides a total appropriation of $925,000
for the minority business center program: $333,000 for the
cost of guaranteed loans and $592,000 for the administrative
expenses of the program. The bill limits loan guarantees to
$18,367,000.
MINORITY BUSINESS OUTREACH
The agreement provides $3,088,000 for minority business
outreach.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $149,000,000 for payments to air
carriers. In addition to these funds, the program will
receive approximately $100,000,000 in overflight fees
pursuant to the FAA Modernization and Reform Act of 2012.
The agreement includes a provision which prohibits the
Secretary from renewing a contract with a participating
community that is less than forty miles from a hub airport
unless the Secretary has negotiated with the community over a
local cost share.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to
the modal administrations, 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.
Section 102 allows the Secretary of Transportation or his
designee to engage with states to consider proposals related
to the reduction of motorcycle fatalities.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for
the Federal transit pass fringe benefit program.
Section 104 requires the Secretary of Transportation to
post on the web a schedule of all Credit Council meetings,
agendas, and meeting minutes.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement includes $9,651,422,000 for the operations of
the Federal Aviation Administration (FAA). Of the total
amount provided, $6,495,208,000 is to be derived from the
airport and airway trust fund. Funds are distributed in the
bill by budget activity.
The following table compares the agreement to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Budget request Agreement
------------------------------------------------------------------------
Air Traffic Organization.............. 7,311,790,000 7,311,790,000
Aviation Safety....................... 1,204,777,000 1,204,777,000
Commercial Space Transportation....... 16,011,000 16,011,000
Finance and management................ 807,646,000 762,462,000
Staff offices......................... 306,994,000 296,600,000
NextGen and operations planning....... 59,782,000 59,782,000
---------------------------------
Total............................. 9,707,000,000 9,651,422,000
------------------------------------------------------------------------
Air traffic controller and safety inspector hiring.--The
agreement includes funding to maintain the FAA's workforce of
air traffic controllers and safety inspectors, and to restore
controller and inspector staffing losses associated with
prior funding shortfalls. The funding level will allow the
FAA to replace controllers and inspectors who retire or leave
the agency for other reasons, and to train new hires and
developmental controllers. Further, the FAA is expected to
submit to the House and Senate Committees on Appropriations a
request for approval before redirecting any of the funding
provided to restore controller or inspector staffing levels.
Controller staffing.--The Inspector General is expected to
conduct a follow-up review of its fiscal year 2012 study of
controller staffing at the FAA's most critical facilities and
provide an update to the Committees on Appropriations no
later than 180 days after enactment of this Act.
AeroNav.--The agreement prohibits AeroNav from implementing
new charges on AeroNav products until the FAA provides the
House and Senate Committees on Appropriations a report that
describes: (1) the estimated cost of producing only its
digital products, on a product-by-product basis for use on
computers, tablets, and other displays; (2) the cost of
producing both digital products and paper products, on a
product-by-product basis; (3) safety and operational benefits
of using digital products; and (4) how AeroNav's actions
conform with the direction in Executive Order 13642 to
support open data for entrepreneurship, innovation, and
scientific discovery.
Unmanned aerial systems (UAS).--The primary mission of the
FAA is to protect the safety of civil aviation and provide an
efficient national airspace. Nothing in the agreement is
intended to change that mission or hinder the FAA's ability
to fulfill it. However, the FAA also has a responsibility to
provide the Congress with information and analysis on civil
aviation issues. The FAA's unique role in supporting our
civil aviation system places the agency in a position to
inform the Congress on the policy considerations of
developing technologies. Without adequate safeguards,
expanded use of UAS and their integration into the national
airspace raise a host of concerns with respect to the privacy
of individuals. For this reason, the FAA is directed to
conduct a study on the implications of UAS integration into
national airspace on individual privacy. The study should
address the application of existing privacy law to UAS
integration; identify gaps in existing law, especially with
regard to the use and retention of personally identifiable
information and imagery; and recommend next steps for how the
FAA can address the impact of widespread use of UAS on
individual privacy as it prepares to facilitate the
integration of UAS into the national airspace. The FAA shall
consult other federal agencies with expertise in privacy
protections and submit a report on its findings to the House
and Senate Committees on Appropriations no later than
eighteen months after enactment. In conducting its work, the
agency may partner with an organization such as the National
Academy of Sciences. This requirement is included in the
agreement with the understanding that it will not disrupt the
FAA's work with UAS test sites or current certification
processes, and that the report will be
[[Page H1187]]
completed well in advance of the FAA's schedule for
developing final regulations on the integration of UAS into
the national airspace.
Drug and alcohol intervention programs.--The agreement
includes $2,103,000 for the Human Intervention Motivation
Study and the Flight Attendant Drug and Alcohol Program.
Asiana Airlines Flight 214.--The National Transportation
Safety Board (NTSB) continues to investigate the human and
technological factors that contributed to the Asiana Airlines
Flight 214 crash that occurred on July 6, 2013. Although the
NTSB will determine the probable cause of the crash, one
potential factor could be that the speed of the aircraft may
have been too low on its final approach into the airport. The
FAA is directed to carefully consider the recommendations of
the NTSB, including the efficacy and appropriateness of low
airspeed audible and visual alert systems. The FAA is
directed to provide a letter report to the House and Senate
Committees on Appropriations on the agency's evaluation of
low airspeed alert systems and response to the NTSB's
recommendations.
Automatic deployable flight recorders.--In accordance with
Public Law 110-53, ``Implementing Recommendations of the 9/11
Commission Act of 2007'', the Transportation Security
Administration conducted a pilot program that successfully
tested in concept, the ability of automatic deployable flight
recorders (ADFRs) to improve rapid access to flight data
following commercial aviation crashes, while also providing
the location of downed aircraft and potential survivors.
These findings were confirmed by international studies
following the Air France Flight 447 tragedy. The
International Civil Aviation Organization (ICAO) currently
has efforts underway to enable the installation of ADFRs on
international commercial passenger aircraft as one method of
providing rapid access to data and location of wreckage. The
FAA is encouraged to carefully evaluate the costs and
benefits of ADFR technology and to work with NTSB to support
U.S. and international initiatives in the development of
standards for this safety technology on commercial passenger
aircraft.
facilities and equipment
(airport and airway trust fund)
The agreement includes $2,600,000,000 for FAA facilities
and equipment. Of the total amount available, $450,250,000 is
available until September 30, 2014 and $2,149,750,000 is
available until September 30, 2016. The agreement includes
language directing FAA to transmit a detailed five-year
capital investment plan to Congress with its fiscal year 2015
budget submission.
The following table provides a breakdown of the agreement
by program:
------------------------------------------------------------------------
Program Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation
Advanced Technology Development 33,500,000 32,000,000
and Prototyping..................
NAS Improvement of System Support 1,000,000 1,000,000
Laboratory.......................
William J. Hughes Technical Center 12,000,000 11,000,000
Facilities.......................
William J. Hughes Technical Center 6,000,000 5,000,000
Infrastructure Sustainment.......
Data Communications in Support of 115,450,000 115,450,000
NG Air Transportation System.....
Next Generation Air Transportation 24,674,500 20,000,000
System Demonstrations &
Infrastructure Development.......
Next Generation Air Transportation 61,500,000 58,075,883
System--Systems Development......
Next Generation Air Transportation 18,000,000 15,988,063
System--Trajectory Based
Operations.......................
Next Generation Air Transportation 6,000,000 2,729,354
System--Reduce Weather Impact....
Next Generation Air Transportation 7,000,000 5,484,247
System--High Density/Arrivals/
Departures.......................
Next Generation Air Transportation 41,000,000 20,250,589
System--Collaborative ATM........
Next Generation Air Transportation 15,000,000 12,923,385
System--Flexible Terminals and
Airports.........................
Next Generation Air Transportation 9,000,000 5,094,032
System--System Network Facilities
Next Generation Air Transportation 10,000,000 10,000,000
System--Future Facilities........
Performance Based Navigation/RNAV/ 32,200,000 32,200,000
RNP..............................
---------------------------------
Total Activity 1.............. 392,324,500 347,195,553
------------------------------------------------------------------------
Activity 2--Air Traffic Control
Facilities and Equipment
a. En Route Programs
En Route Automation 26,100,000 66,800,000
Modernization (ERAM) (FY13
$5M Act 3 Repro).............
En Route Automation 64,974,000 35,000,000
Modernization (ERAM)--System
Enhancements and Tech Refresh
En Route Communications 2,200,000 2,200,000
Gateway (ECG)................
Next Generation Weather Radar 4,100,000 4,100,000
(NEXRAD)--Provide............
ARTCC Building Improvements/ 53,000,000 45,160,377
Plant Improvements...........
Air Traffic Management (ATM).. 13,800,000 13,800,000
Air/Ground Communications 5,500,000 5,500,000
Infrastructure...............
Air Traffic Control En Route 5,900,000 5,900,000
Radar Facilities Improvements
Voice Switching and Control 20,000,000 19,000,000
System (VSCS)................
Oceanic Automation System..... 4,800,000 4,800,000
Next Generation Very High 20,250,000 20,250,000
Frequency Air/Ground
Communications System
(NEXCOM).....................
System-Wide Information 70,500,000 66,550,000
Management...................
ADS-B NAS Wide Implementation. 282,100,400 282,100,400
Windshear Detection Service... 2,000,000 2,000,000
Weather and Radar Processor 700,000 700,000
(WARP).......................
Collaborative Air Traffic 29,390,800 28,200,000
Management Technologies
Portfolio....................
Colorado ADS-B/WAM Cost Share. 3,400,000 3,400,000
Time Based Flow Management 10,500,000 10,500,000
(TBFM).......................
ATC Beacon Interrogator 1,000,000 1,000,000
(ATCBI)--Sustainment.........
NextGen Weather Processors.... 23,510,000 11,475,000
---------------------------------
Subtotal En Route Programs 643,725,200 628,435,777
------------------------------------------------------------------------
b. Terminal Programs
Airport Surface Detection 12,100,000 12,100,000
Equipment--Model X (ASDE-X)..
Terminal Doppler Weather Radar 3,600,000 3,600,000
(TDWR)--Provide..............
Standard Terminal Automation 45,500,000 45,500,000
Replacement System (STARS)
(TAMR Phase 1)...............
Terminal Automation 136,550,000 155,550,000
Modernization/Replacement
Program (TAMR Phase 3).......
Terminal Automation Program... 2,600,000 2,600,000
Terminal Air Traffic Control 71,998,300 69,000,000
Facilities--Replace..........
ATCT/Terminal Radar Approach 53,200,000 48,228,833
Control (TRACON) Facilities--
Improve......................
Terminal Voice Switch 5,000,000 5,000,000
Replacement (TVSR)...........
NAS Facilities OSHA and 26,000,000 21,000,000
Environmental Standards
Compliance...................
Airport Surveillance Radar 10,900,000 10,900,000
(ASR-9)......................
Terminal Digital Radar (ASR- 19,400,000 19,400,000
11) Tech Refresh and Mobile
Airport Surveillance Radar
(MASR).......................
Runway Status Lights.......... 35,250,000 35,250,000
National Airspace System Voice 16,000,000 16,000,000
Switch (NVS).................
Integrated Display System 4,100,000 4,100,000
(IDS)........................
Remote Monitoring and Logging 1,000,000 1,000,000
System (RMLS)................
Mode S Service Life Extension 7,300,000 7,300,000
Program (SLEP)...............
Surveillance Interface 6,000,000 6,000,000
Modernization................
Tower Flight Data Manager 23,500,000 19,250,000
(TFDM).......................
Voice Recorder Replacement 6,200,000 6,200,000
Program (VRRP)...............
Precision Runway Monitor 5,000,000 5,000,000
Replacement (PRMR)...........
Integrated Terminal Weather 1,300,000 1,300,000
System (ITWS)................
---------------------------------
Subtotal Terminal Programs 492,498,300 494,278,833
------------------------------------------------------------------------
c. Flight Service Programs
Aviation Surface Observing 10,000,000 10,000,000
System (ASOS)................
Future Flight Service Program. 3,000,000 3,000,000
Alaska Flight Service Facility 2,900,000 1,500,000
Modernization (AFSFM)........
Weather Camera Program........ 1,200,000 1,200,000
---------------------------------
Subtotal Flight Service 17,100,000 15,700,000
Programs.................
------------------------------------------------------------------------
d. Landing and Navigational Aids
Program
VHF Omnidirectional Radio 8,300,000 8,300,000
Range (VOR) with Distance
Measuring Equipment (DME)....
Instrument Landing System 7,000,000 7,000,000
(ILS)--Establish.............
Wide Area Augmentation System 109,000,000 84,000,000
(WAAS) for GPS...............
Runway Visual Range (RVR)..... 6,000,000 6,000,000
Approach Lighting System 3,000,000 3,500,000
Improvement Program (ALSIP)..
[[Page H1188]]
Distance Measuring Equipment 4,000,000 4,000,000
(DME)........................
Visual NAVAIDS--Establish/ 2,500,000 2,500,000
Expand.......................
Instrument Flight Procedures 4,500,000 4,500,000
Automation (IFPA)............
Navigation and Landing Aids-- 3,000,000 3,000,000
Service Life Extension
Program (SLEP)...............
VASI Replacement--Replace with 2,500,000 2,500,000
Precision Approach Path
Indicator....................
GPS Civil Requirements........ 20,000,000 6,000,000
Runway Safety Areas-- 38,000,000 38,000,000
Navigational Mitigation......
---------------------------------
Subtotal Landing and 207,800,000 169,300,000
Navigational Aids
Programs.................
------------------------------------------------------------------------
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement 8,700,000 8,700,000
and Management...............
Unstaffed Infrastructure 33,000,000 20,000,000
Sustainment..................
Aircraft Related Equipment 10,400,000 10,400,000
Program......................
Airport Cable Loop Systems-- 5,000,000 5,000,000
Sustained Support............
Alaskan Satellite 11,000,000 8,500,000
Telecommunications
Infrastructure (ASTI)........
Facilities Decommissioning.... 6,500,000 6,500,000
Electrical Power Systems-- 85,000,000 68,075,000
Sustain/Support..............
FAA Employee Housing and Life 2,500,000 2,500,000
Safety Shelter System Service
---------------------------------
Subtotal Other ATC 162,100,000 129,675,000
Facilities Programs......
---------------------------------
Total Activity 2.............. 1,523,223,500 1,437,389,610
---------------------------------
Activity 3--Non-Air Traffic Control
Facilities and Equipment
a. Support Equipment
Hazardous Materials Management 20,000,000 18,500,000
Aviation Safety Analysis 12,700,000 12,700,000
System (ASAS)................
Logistics Support Systems and 10,000,000 10,000,000
Facilities (LSSF)............
National Air Space (NAS) 12,000,000 12,000,000
Recovery Communications
(RCOM).......................
Facility Security Risk 15,000,000 15,000,000
Management...................
Information Security.......... 13,000,000 13,000,000
System Approach for Safety 9,500,000 12,500,000
Oversight (SASO).............
Aviation Safety Knowledge 12,200,000 12,200,000
Management Environment
(ASKME)......................
Data Center Optimization...... 1,000,000 1,000,000
Aerospace Medical Equipment 5,000,000 5,000,000
Needs (AMEN).................
Aviation Safety Information 15,000,000 15,000,000
Analysis and Sharing (ASIAS).
National Test Equipment 3,000,000 3,000,000
Program......................
Mobile Assets Management 3,000,000 3,000,000
Program......................
Aerospace Medicine Safety 3,900,000 3,900,000
Information Systems (AMSIS)..
---------------------------------
Subtotal Support Equipment 135,300,000 136,800,000
---------------------------------
b. Training, Equipment and
Facilities
Aeronautical Center 12,300,000 9,000,000
Infrastructure Modernization.
Distance Learning............. 1,000,000 1,000,000
---------------------------------
Subtotal Training, 13,300,000 10,000,000
Equipment and Facilities.
---------------------------------
Total Activity 3.............. 148,600,000 146,800,000
---------------------------------
Activity 4--Facilities and Equipment
Mission Support
a. System Support and Services
System Engineering and 35,600,000 34,314,837
Development Support..........
Program Support Leases........ 42,100,000 42,100,000
Logistics Support Services 11,500,000 11,500,000
(LSS)........................
Mike Monroney Aeronautical 17,900,000 17,900,000
Center Leases................
Transition Engineering Support 16,500,000 16,500,000
Technical Support Services 25,000,000 23,000,000
Contract (TSSC)..............
Resource Tracking Program 4,000,000 4,000,000
(RTP)........................
Center for Advanced Aviation 70,000,000 60,000,000
System Development (CAASD)...
Aeronautical Information 9,050,000 9,050,000
Management Program...........
---------------------------------
Total Activity 4.............. 231,650,000 218,364,837
---------------------------------
Activity 5--Personnel and Related 482,000,000 450,250,000
Expenses
---------------------------------
Total..................... 2,777,798,000 2,600,000,000
------------------------------------------------------------------------
RESEARCH, ENGINEERING AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING RESCISSION)
The agreement provides $158,792,000 for the FAA's research,
engineering, and development activities. The agreement
includes a rescission from prior year balances of
$26,183,998.
The agreement provides the following levels for specific
programs:
------------------------------------------------------------------------
Program Request Agreement
------------------------------------------------------------------------
Improve Aviation Safety
Fire Research and Safety............ 8,313,000 8,000,000
Propulsion and Fuel Safety.......... 1,974,000 1,800,000
Advanced Structural/Structural 2,607,000 2,600,000
Safety.............................
Atmospheric Hazards-Aircraft Icing/ 7,582,000 7,500,000
Digital System Safety..............
Continued Airworthiness............. 8,167,000 8,000,000
Aircraft Catastrophic Failure 1,652,000 1,500,000
Prevention Research................
Flightdeck/Maintenance/System 5,000,000 5,000,000
Integration Human Factors..........
System Safety Management............ 11,583,000 11,000,000
Air Traffic Control Technical 6,000,000 5,000,000
Operations Human Factors...........
Aeromedical Research................ 8,672,000 7,000,000
Weather Program..................... 15,279,000 14,200,000
Unmanned Aircraft System............ 7,500,000 8,644,000
NextGen Alternative Fuels for 5,571,000 6,000,000
General Aviation...................
NextGen Advanced Systems and 1,021,000 1,000,000
Software Validation................
-------------------------------
Total Improve Aviation Safety... 90,921,000 87,244,000
-------------------------------
Economic Competitiveness
Joint Planning and Development 12,057,000 0
Office.............................
NextGen: Wake Turbulence............ 9,267,000 9,000,000
NextGen: Air Ground Integration..... 10,329,000 11,329,000
NextGen: Weather in the Cockpit..... 4,169,000 4,000,000
-------------------------------
Total Economic Competitiveness.. 35,822,000 24,329,000
-------------------------------
Environmental Sustainability
Environment and Energy.............. 14,542,000 14,600,000
NextGen: Environmental Research..... 18,979,000 26,979,000
Total Environmental Sustainability.. 33,521,000 41,579,000
Mission Support.....................
System Planning and Resource 2,289,000 2,200,000
Management.........................
William J. Hughes Technical Center 3,447,000 3,440,000
Laboratory Facility................
-------------------------------
Total Mission Support........... 5,736,000 5,640,000
-------------------------------
Total........................... 166,000,000 158,792,000
------------------------------------------------------------------------
Unmanned Aerial Systems (UAS).--The agreement includes
funding in the ``Unmanned Aircraft Systems'' activity to
complete the establishment of a UAS center of excellence to
provide recommendations for airspace designation for manned
and unmanned flight operations, conduct research to support
UAS interagency requirements, coordinate research and
development activities with other agencies, and provide
recommendations on aircraft certifications.
Joint Planning and Development Office.--The agreement does
not include funding for the Joint Planning and Development
Office. Funding is provided in the operations account to
absorb personnel and activities from this office into the
``NextGen and operations planning'' activity.
Commercial Space Center of Excellence.--The agreement
includes $1,000,000 above the budget request in the
``NextGen: Air Ground Integration'' activity for further
development of a commercial space center of excellence.
Funding for this activity was requested in the operations
account, but it is included in this account to be consistent
with other FAA centers of excellence.
Alternative Fuels Center of Excellence.--The agreement
includes $5,000,000 in the ``NextGen: Environmental
Research'' activity to establish a center of excellence for
alternative jet fuel research.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes an obligation limitation of
$3,350,000,000; a liquidating cash appropriation of
$3,200,000,000; a limitation on administrative expenses of
not more than $106,600,000; no less than $15,000,000 for the
airport cooperative research program; and no less than
$29,500,000 for airport technology research.
[[Page H1189]]
Small Community Air Service Development Program.--The
agreement includes $5,000,000 under the obligation limitation
to continue the Small Community Air Service Development
Program (SCASDP) and directs the FAA to transfer funds to the
Office of the Secretary salaries and expenses appropriation.
Cost share.--The agreement includes a provision that allows
small airports to continue contributing five percent of the
total cost for unfinished phased projects that were underway
prior to the passage of the FAA Modernization and Reform Act
of 2012, which raised the cost share from five to ten
percent.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the Center for Advanced Aviation Systems Development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA
``without cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds in the Act from being used to
buy store gift cards with Government issued credit cards.
Section 116 allows all airports experiencing the required
level of boardings through charter and scheduled air service
to be eligible for funds under 49 U.S.C. 47114(c).
Section 117 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without
prior written approval of the DOT Assistant Secretary for
Administration.
Section 118 limits to 20 percent the cost share required
under the contract tower cost-share program.
Section 119 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program upon the
request of an owner or operator.
Section 119A prohibits funds for salaries and expenses of
more than eight political and Presidential appointees in the
FAA.
Section 119B prohibits the FAA from increasing fees under
49 U.S.C. 44721 until the FAA provides a report to the
Committees on Appropriations on the production of digital
aeronautical navigation products, as described earlier in
this explanatory statement under ``Federal Aviation
Administration--Operations''.
Section 119C prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119D requires FAA to take measures relating to
helicopter noise in Los Angeles County, California.
Section 119E extends war risk insurance through September
30, 2014. The FAA is working with authorizing committees and
industry stakeholders on proposals to reauthorize the war
risk insurance program. These discussions include proposals
to reform the program and allow the private sector to provide
coverage. However, this work is ongoing, and the agreement
includes language to extend the current war risk insurance
program through the end of fiscal year 2014 so that coverage
does not expire in the meantime. The agreement includes this
extension with the expectation that the FAA will continue to
work with the relevant committees and stakeholders on
solutions that can spread the risk of providing war risk
insurance.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement limits obligations for the administrative
expenses of the Federal Highway Administration (FHWA) to
$416,100,000. The agreement provides this level with the
understanding that FHWA's obligations will include balances
of contract authority from prior years as well as contract
authority provided for fiscal year 2014. In addition, the
agreement provides $3,248,000 above this limitation for the
administrative expenses of the Appalachian Regional
Commission in accordance with 23 U.S.C. 104.
The agreement does not specify funding levels for the
modernization of FHWA's financial management systems or for
training and development activities. However, it is important
that FHWA continue prioritizing these undertakings,
particularly the modernization of its financial reporting
system.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations for the Federal-aid
highways program to $40,256,000,000 in fiscal year 2014,
which is the authorized level under MAP-21, P.L. 112-141.
Project selection and prioritization.--In instances where
the Secretary exercises discretion in project selection or
federal credit approval, the Secretary is directed to give
stronger consideration to projects where state and local
governments collaborate with private organizations to deliver
a significant improvement to a national or regional
transportation network.
Technology transfer of paving materials.--The Department is
encouraged to use funds authorized to carry out section
503(b) of title 23, United States Code, to carry out the
activities listed in paragraph (3)(C)(xix) of such section.
Such activities may include: testing of high-traffic
permeable pavements using infiltration concrete or asphalt
bases; validation of hydrologic/hydraulic/pollutant removal
performance data and modeling; data collection and reporting
on permeable pavements; and installation, maintenance and
life cycle costs. If funds are used in this manner, the
Department is directed to make available the results of such
research to help State and municipal transportation agencies
overcome technical barriers to adoption of permeable
infiltration pavements in the transportation infrastructure.
Bridge safety.--The agreement includes direction for two
reports designed to examine factors that may affect the
safety of our nation's bridges. The Government Accountability
Office (GAO) is directed to conduct a survey of the State
departments of transportation on their treatment of oversize
loads, including their permitting process and oversight
regime. GAO is directed to issue a report on its findings to
the House and Senate Committees on Appropriations not later
than 18 months after enactment of this Act. In its report,
GAO is expected to detail its findings, offer recommendations
and best practices, and address the appropriate role of the
Federal and State governments. The Federal Highway
Administration is directed to reevaluate Federal and State
requirements for marking bridge height, including standards
related to the position and design of such signs and the
enforcement of such standards. The agency is directed to
report its findings and recommendations to the House and
Senate Committees on Appropriations not later than 1 year
following enactment. In conducting its evaluation, the agency
is expected to consult with the American Association of State
Highway and Transportation Officials, the American Society of
Civil Engineers, and other relevant organizations.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$40,995,000,000, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
Acts. This level reflects the obligation limitation that is
provided in this Act and the level of contract authority
exempt from obligation limitation that is provided under MAP-
21.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the Federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the Federal-aid Highways account.
Section 122 provides requirements for any waiver of Buy
America requirements.
Section 123 prohibits tolling in Texas, with exceptions.
Section 124 prohibits funds from being used to provide
credit assistance under sections 603 and 604 of title 23,
United States Code, unless the Secretary notifies the House
and Senate Committees on Appropriations, the Senate Committee
on Environment and Public Works, the Senate Committee on
Banking, Housing and Urban Affairs, and the House Committee
on Transportation and Infrastructure at least three days
prior to credit application approval.
Section 125 changes title 23, United States Code, to allow
states meeting certain conditions to use their Congestion
Mitigation and Air Quality Improvement program funding on
transit or rail operating assistance without time
limitations.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement includes a liquidation of contract
authorization and a limitation on obligations of $259,000,000
for the operating and program expenses of the Federal Motor
Carrier Safety Administration (FMCSA), which is the
authorized level under MAP-21, P.L. 112-141. Of this
limitation, $9,000,000 is for the research and technology
program and will remain available for obligation until
September 30, 2016, $34,545,000 is for information management
and shall be available until September 30, 2016, and
$1,000,000 is for commercial motor vehicle operator's grants.
The agreement includes a provision requiring FMCSA to report
to Congress on the agency's ability to meet requirements to
conduct compliance reviews on mandatory carriers.
The agreement does not reduce FMCSA's obligation limitation
by $100,000 per day for each day a report required is past
due. However, FMCSA is expected to diligently submit all
required reports by their specified deadlines.
Chameleon carriers.--FMCSA is directed to report to the
House and Senate Committees on Appropriations by March 31,
2014, on the implementation of a risk-based methodology to
identify chameleon motor carriers and the extent to which
independent commercially
[[Page H1190]]
available data sources would enhance the agency's
capabilities.
Hours of service study.--FMCSA is not required to revisit
work already completed in fulfilling the requirements of
Section 32301 of P.L. 112-141 (MAP-21).
ADA compliance.--FMCSA has made notable progress in its
oversight of motor coach compliance with the Americans with
Disabilities Act (ADA). FMCSA has developed guidelines and
set conditions to suspend or revoke operating assistance
based on ADA non-compliance. FMCSA is expected to continue to
vigorously enforce these guidelines and track non-
compliant carriers. An annual report is no longer required
as long as the agency provides comprehensive information
when requested by the House and Senate Committees on
Appropriations.
Safety fitness determination rule.--FMCSA is expected to
make every effort possible to meet its targeted deadline of
May 2014 for issuance of a safety fitness determination rule.
NATIONAL MOTOR CARRIER SAFETY
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement repurposes $13,000,000 in unobligated
contract authority for modernization and maintenance of
border facilities, and provides a limitation on obligations
of $13,000,000 for the same purpose.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
The agreement provides a liquidating cash appropriation and
a limitation on obligations of $313,000,000 for motor carrier
safety grants, as authorized in MAP-21. The agreement
allocates the total grant funding as follows, consistent with
MAP-21:
------------------------------------------------------------------------
Program Funding
------------------------------------------------------------------------
Motor carrier safety assistance program................. $218,000,000
Commercial driver's license improvements program........ 30,000,000
Border enforcement grants............................... 32,000,000
Performance and registration information system 5,000,000
management program.....................................
Commercial vehicle information systems and networks 25,000,000
deployment program.....................................
Safety data improvement program......................... 3,000,000
------------------------------------------------------------------------
Of the $218,000,000 provided for MCSAP, the agreement
provides $32,000,000 for audits of new entrant motor
carriers, as authorized in MAP-21. No funds are rescinded in
the agreement.
administrative provision--federal motor carrier safety administration
Section 130 subjects funds appropriated in this Act to the
terms and conditions of section 350 of Public Law 107-87 and
section 6901 of Public Law 110-28.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $134,000,000 from the general fund
for operations and research. Of this amount, $20,000,000
shall remain available until September 30, 2015.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $123,500,000, to remain available
until expended, which reflects the authorized level of
contract authority under MAP-21 plus $5,000,000 of prior-year
unobligated contract authority balances. Of the total,
$118,500,000 is provided for the programs authorized under 23
U.S.C. 403, and $5,000,000 is provided for the National
Driver Register. Of the total amount provided under this
heading, $20,000,000 shall remain available until September
30, 2015 and shall be in addition to any limitation imposed
on obligations in future fiscal years.
NHTSA is encouraged to apply amounts provided in excess of
the authorized level toward expanding the deployment of the
National Emergency Medical Services Information System and
purchasing necessary technical equipment for the National
Automotive Sampling System modernization project.
Corporate average fuel economy.--NHTSA is instructed to
coordinate with the Environmental Protection Agency to
provide a research and regulatory report to House and Senate
Committees on Appropriations within 60 days of enactment that
includes a catalogue of research projects being conducted by
each agency, cost estimates associated with each research and
regulatory activity, and major milestones and estimated
completion dates for each activity. The report should include
all recent and current expenditures as of fiscal year 2010.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $561,500,000 for Highway Traffic
Safety Grants, to remain available until expended, as
authorized in MAP-21. The agreement allocates funding as
follows:
Highway Safety Programs (section 402)................... $235,000,000
National Priority Safety Programs (section 405)......... 272,000,000
Administrative Expenses................................. 25,500,000
High Visibility Enforcement Program..................... 29,000,000
Total:.............................................. 561,500,000
=========================== NOTE ===========================
January 15, 2014 on H1190 the following appeared: High Visibility
Enforcement Program 29,000,000
Total.................................................. 61,500,000
========================= END NOTE =========================
The online version should be corrected to read: High Visibility
Enforcement Program 29,000,000
Total.................................................. 61,500,000
The agreement includes a provision which prohibits certain
construction and furnishing activities and which limits
technical assistance to States to $500,000 of the funds made
available for Impaired Driving Countermeasures under 23
U.S.C. 405(d), as amended by MAP-21.
The agreement allows for the transfer of funds within the
grant programs consistent with 23 U.S.C. 405(a)(1)(G) and
requires NHTSA to notify the House and Senate Committees on
Appropriations within 60 days of the exercise of this
authority.
The agreement does not include a rescission of funds from
prior year unobligated contract authority.
administrative provisions--national highway traffic safety
administration
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits the use of funds to implement 23
U.S.C. 404.
Federal Railroad Administration
SAFETY AND OPERATIONS
The agreement provides $184,500,000 for safety and
operations of the Federal Railroad Administration (FRA). Of
the funds provided, $12,400,000 is available until expended.
Commuter and passenger rail safety oversight.--Within the
last eight months, there have been four rail accidents on
Metro-North's system in New York and Connecticut which
resulted in five deaths and nearly 130 injuries. In the
aftermath of the December 1, 2013 derailment, the FRA issued
an emergency order on Metro-North's passenger train
procedures and initiated a 60-day comprehensive safety
assessment of the railroad. These incidents underscore the
importance of exercising vigorous and continuous oversight of
commuter and passenger rail operations. The FRA is directed
to provide the agency's safety review findings, recommended
action plan and timeline for completed action items to the
House and Senate Committees on Appropriations by March 17,
2014. In addition, the Federal Transit Administration (FTA),
with its new safety authority and expertise in asset
management, is participating in FRA's safety review. As part
of this review, FTA is expected to determine whether safety
investments in Metro-North's system were appropriately
prioritized. FRA and FTA are further directed to incorporate
appropriate lessons learned from this safety review into
oversight plans for all commuter and passenger rail
operations.
railroad research and development
The agreement provides $35,250,000 for railroad research
and development.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The agreement authorizes the Secretary to issue notes or
other obligations pursuant to section 501 through 504 of P.L.
94-210. The agreement prohibits new direct loans or loan
guarantee commitments using Federal funds for the credit risk
premium.
OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The agreement provides $340,000,000 in operating grants to
Amtrak, to remain available until expended. Before approving
funding to cover operating losses, the agreement requires the
Secretary to review a grant request for each specific train
route. The agreement includes bill language that prohibits
Amtrak from discounting tickets at more than 50 percent off
the normal peak fare, unless the operating loss due to the
discounted fare is covered by a State.
The agreement directs FRA to submit a report to the House
and Senate Committees on Appropriations by April 1, 2014
detailing improvements it will make to its budget estimating
process.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The agreement provides $1,050,000,000 for capital and debt
service grants to Amtrak, to remain available until expended.
Within the funds provided, the agreement includes
$199,000,000 for Amtrak's debt service payment and not less
than $50,000,000 for investments to comply with the Americans
with Disabilities Act. In addition, the agreement provides
for an initial distribution of $200,000,000 for a working
capital account. The agreement allows up to $40,000,000 to be
used by the Secretary for grants to Amtrak to subsidize
operating losses should operating losses in fiscal year 2014
exceed amounts provided under the previous heading. The
agreement allows the Secretary to retain up to one-half of
one percent of the funds provided under this heading for
oversight of both operating activities and capital
expenditures, including capital amounts that can be used to
subsidize operating losses. The agreement also allows the
Secretary to retain up to $5,000,000 to fund the costs
associated with implementing section 212 of division B of
Public Law 110-432. The agreement retains the requirement
that both the Corporation and the Northeast Corridor
Infrastructure and Operations Advisory Commission submit a
fiscal year 2015 budget request.
NEXT GENERATION HIGH-SPEED RAIL
(RESCISSION)
The agreement rescinds $1,973,000 and prohibits rescissions
from amounts designated
[[Page H1191]]
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)
The agreement rescinds $4,419,000, and prohibits
rescissions from amounts designated 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
Section 150 ceases the availability of Amtrak funds if the
railroad contracts for services outside the United States for
any service performed by a full-time or part-time Amtrak
employee as of July 1, 2006.
Section 151 allows the FRA safety and operations account to
receive and use cash or spare parts to repair and replace
damaged track inspection cars.
Section 152 authorizes the Secretary to allow the issuer of
preferred stock sold to the Department to redeem or
repurchase such stock upon the payment to the Department as
determined by the Secretary.
Section 153 limits overtime to $35,000 per employee, but
allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons, and requires Amtrak to provide quarterly reports on
cap waivers for each month and reasons for such waivers. It
also requires the Corporation to provide an annual report by
March 17, 2014 that summarizes total overtime expenses by
month, and details overtime cap waivers and overtime payments
associated with those waivers for each month of the calendar
year 2013 and two prior years.
Section 154 amends P.L. 113-2.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The agreement provides $105,933,000 for the administrative
expenses of the Federal Transit Administration (FTA), of
which, not less than $4,000,000 is for the new safety office
as authorized in MAP-21 and $1,000,000 is for asset
management. Staffing levels and new FTE are to be determined
by funding levels under this heading. FTA is directed to
follow the process for informing the House and Senate
Committees on Appropriations on full funding grant agreement
notifications consistent with prior years, including
appropriations requirements through fiscal year 2018.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations from the Mass Transit
Account for transit formula grants to $8,595,000,000 as
authorized by MAP-21. Funds are to be distributed as
authorized. Further, the agreement provides $9,500,000,000
for the liquidation of contract authority.
TRANSIT RESEARCH
The agreement provides $43,000,000 for FTA's research
program, of which $40,000,000 is for the national research
program (Sec. 5312) and $3,000,000 is for the cooperative
research program (Sec. 5313). FTA is directed to submit a
report by May 15, 2014 on FTA-sponsored research. The DOT IG
is directed to submit a report by February 3, 2014 on
recommendations to assist the promotion and deployment of
low- and zero-emission buses and other technologies.
TECHNICAL ASSISTANCE AND TRAINING
The agreement provides $5,000,000 for transit technical
assistance and training, of which $3,000,000 is for technical
assistance and standards development (Sec. 5314) and
$2,000,000 is for training (Sec. 5322).
CAPITAL INVESTMENT GRANTS
The bill appropriates $1,942,938,000 for new fixed-guideway
projects. Combined with available prior year transit funds, a
total of $2,132,000,000 is available for new start
activities.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The agreement provides $150,000,000 to carry out section
601 of division B of Public Law 110-432, to remain available
until expended. The bill includes language temporarily
waiving the wireless access requirements in the Passenger
Rail Investment and Improvement Act for fiscal year 2014.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act for projects
under FTA discretionary programs that remain unobligated by
September 30, 2018 to be available for projects eligible to
use the funds for the purposes for which they were originally
provided.
Section 162 allows for appropriations made prior to October
1, 2013 in old accounts to be transferred to and merged with
new accounts with similar current activities.
Section 163 exempts an area in Washington State from
enforcement of the charter bus rule.
Section 164 allows the Secretary to consider significant
private contributions when calculating the non-Federal share
of capital costs for new starts projects.
Section 165 limits FTA to signing full funding grant
agreements with a new starts share of 60 percent or less.
Section 166 prohibits funds in this Act from being used to
advance a specific transit line in Harris County, Texas.
Section 167 allows unobligated and unexpended section 5339
funds from fiscal year 2010 through 2012 to be used for new
starts activities.
Section 168 allows bus rapid transit projects recommended
for funding in 2014 under ``Capital Investment Grants'' to be
funded by $93,269,369 in unobligated and unexpended
discretionary formula funds from fiscal year 1999 through
fiscal year 2010.
Section 169 rescinds $96,228,000 from prior year general
fund appropriations.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The agreement provides $31,000,000 for the operations,
maintenance and capital asset renewal program of the Saint
Lawrence Seaway Development Corporation (SLSDC). Of the total
amount provided, $15,150,000 is for the asset renewal
program, to remain available through fiscal year 2016. The
agreement requires the SLSDC to report to the House and
Senate Committees on Appropriations by April 30, 2014 on the
asset renewal program consistent with the requirements of the
Explanatory Statement of the Department of Transportation
Appropriations Act of 2009.
Maritime Administration
MARITIME SECURITY PROGRAM
The agreement includes $186,000,000 for the maritime
security program.
OPERATIONS AND TRAINING
The agreement provides $148,003,000 for the Maritime
Administration's (MARAD) operations and training account.
The bill provides a total of $79,500,000 for the U.S.
Merchant Marine Academy (USMMA). Of the funds provided,
$63,500,000 is for Academy operations to be allocated as
$34,000,000 for salaries and expenses and $29,500,000 for
operating expenses. The remaining $16,000,000 is for the
Academy's capital asset management program of which
$12,000,000 is for capital improvements and $4,000,000 is for
facilities maintenance, repairs and equipment.
The agreement provides a total of $17,300,000 for the state
maritime academies, of which $3,600,000 is for direct
payments, $2,400,000 is for student incentive payments and
$11,300,000 is for schoolship maintenance and repair.
Finally, the agreement provides a total of $51,203,000 for
MARAD operations, of which $48,203,000 is for headquarters
operations, and $3,000,000 is for environment and compliance
activities. No funds are provided for the proposed port
infrastructure development program.
Bill language is included directing the Administrator to
report on the effects of recent legislation on the domestic
maritime industry, and to develop a national sealift
strategy.
SHIP DISPOSAL
The agreement provides $4,800,000 for the disposal of
obsolete vessels of the National Defense Reserve Fleet, of
which up to $2,800,000 is for maintenance of the N.S.
Savannah.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides a total of $38,500,000 for the Title
XI account, of which $35,000,000 is available for the loan
guarantee program and $3,500,000 is for administrative
expenses.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD, and allow payments received to be
credited to the Treasury.
Section 171 prohibits a fee-for-service contract for vessel
disposal, scrapping or recycling unless a qualified domestic
ship recycler will pay for the vessel.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
(PIPELINE SAFETY FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $21,654,000 for the necessary
operational expenses of the Pipeline and Hazardous Materials
Safety Administration (PHMSA). Of the amount provided,
$639,000 is to be derived from the Pipeline Safety Fund, and
$1,500,000 is to be transferred to the Pipeline Safety
account to fund pipeline safety information grants to
communities.
HAZARDOUS MATERIALS SAFETY
The agreement provides $45,000,000 for the agency's
hazardous materials safety functions. Of this amount
$2,300,000 shall be available until September 30, 2016, and
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund as offsetting receipts. Funds
made available until September 30, 2016 are for long-term
research and development contracts.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
(PIPELINE SAFETY DESIGN REVIEW FUND)
The agreement provides $119,087,000 for pipeline safety. Of
that amount, $18,573,000 is
[[Page H1192]]
derived from the Oil Spill Liability Trust Fund, to remain
available until September 30, 2016, $98,514,000 is derived
from the Pipeline Safety Fund, of which $54,436,000 is
available until September 30, 2016, and $2,000,000 is derived
from the Pipeline Safety Design Review Fund, to remain
available until expended. The agreement provides not less
than $1,058,000 for the One-call state grant program.
State pipeline safety grant program.--The agreement does
not include increased funding for the State pipeline safety
grant program.
Study on the transportation of diluted bitumen.--The
Administrator is not required to modify or amend the study
required under section 16 of Public Law 112-90, and instead
shall investigate whether the spill properties of diluted
bitumen differ sufficiently from those of other liquid
petroleum products to warrant modifications of spill response
plans, spill preparedness, or clean up regulations and report
on those findings to the House and Senate Committees on
Appropriations within 180 days of enactment.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The agreement provides $188,000, derived from the Emergency
Preparedness Fund and available until September 30, 2014, and
an obligation limitation of $28,318,000 for emergency
preparedness grants.
Office of Inspector General
SALARIES AND EXPENSES
The agreement includes $85,605,000 for the Office of
Inspector General.
The agreement includes language providing the Inspector
General with the authority to audit and investigate the
Metropolitan Washington Airports Authority (MWAA), and to
receive reimbursements for these activities from MWAA. Prior
to initiating an audit or investigation of MWAA, the
Inspector General is directed to submit to the House and
Senate Committees on Appropriations a plan which includes
information on the investigative scope, cost, and timeframe
for such audit or investigation.
The agreement includes language that provides the Inspector
General with the authority to participate in asset forfeiture
programs.
Surface Transportation Board
SALARIES AND EXPENSES
The agreement provides $31,000,000 for salaries and
expenses of the Surface Transportation Board. The agreement
permits the collection of up to $1,250,000 in user fees to be
credited to this appropriation. The agreement provides that
the general fund appropriation be reduced on a dollar-for-
dollar basis by the actual amount collected in user fees to
result in a final appropriation from the general fund
estimated at no more than $29,750,000. The agreement funds
two additional staff for passenger rail matters and rail
oversight and to make improvements to the information
technology systems. It does not fund additional travel
expenses.
General Provisions--Department of Transportation
Section 180 allows the Department of Transportation to use
funds for aircraft, motor vehicles, liability insurance,
uniforms, or allowances, as authorized by law.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate for an Executive Level IV.
Section 182 prohibits funds from being used for salaries
and expenses of more than 110 political and Presidential
appointees in DOT. The provision also requires that none of
the personnel covered by this provision may be assigned on
temporary detail outside DOT.
Section 183 prohibits recipients of funds made available in
this Act from releasing certain personal information and
photographs from a driver's license or motor vehicle record
without express consent of the person to whom such
information pertains, and prohibits the withholding of funds
provided in this Act for any grantee if a state is in
noncompliance with this provision.
Section 184 permits funds received by specified DOT
agencies from states or other private or public sources for
expenses incurred for training to be credited to certain
specified agency accounts.
Section 185 prohibits funds from being used to make a grant
unless the Secretary of Transportation notifies the House and
Senate Committees on Appropriations no less than three days
in advance of any discretionary grant award or letter of
intent, and directs the Secretary to give concurrent
notification for any ``quick release'' of funds from the
Federal Highway Administration's emergency release program.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of the
DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by the DOT
to be available to cover expenses incurred in the recovery of
such payments, and allows the Secretary to credit an account
that is associated with such improper payments.
Section 188 mandates that reprogramming action
notifications shall be transmitted solely to the House and
Senate Committees on Appropriations, and are to be approved
or denied solely by the House and Senate Committees on
Appropriations.
Section 189 caps the amount of fees the Surface
Transportation Board can charge and collect for rate or
practice complaints filed at the amount authorized for court
civil suit filing fees.
Section 190 allows funds appropriated to modal
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to that modal administration.
Section 191 authorizes DOT to set uniform standards for
transit benefits for agency transit passes and transit
benefits.
Section 192 reallocates unobligated magnetic levitation
deployment funds from section 1307 (d) (1) of Public Law 109-
59 for safety and corridor planning grants under specific
conditions.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
The Department is directed to deliver quarterly hiring
reports to the House and Senate Committees on Appropriations.
The reports shall include a table with Full-Time Equivalent
(FTE) and position levels for each office with a separate
column to display the President's budget request and any
adjustments made by Congress. The report shall also include
attrition rates and hiring goals. The Department is further
directed to move expeditiously to address staffing needs
during fiscal year 2014 and to deliver monthly updates on the
number of positions advertised and employees brought onboard.
EXECUTIVE OFFICES
The agreement includes $14,500,000 for the salaries and
expenses for Executive Offices which shall be comprised of
seven offices including 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. The agreement includes a
provision limiting official reception and representation
expenses to no more than $25,000.
The Department is not directed to limit staffing for these
offices to 78 FTE. The Department is directed to submit a
spend plan to the House and Senate Committees on
Appropriations that outlines how budgetary resources are to
be distributed among the seven offices funded under this
heading within 90 days.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $506,000,000 for Administrative
Support Offices. Funds are provided as follows:
Office of the Chief Human Capital Officer...... $53,700,000
Office of Administration....................... 197,400,000
Office of the Chief Financial Officer.......... 47,900,000
Office of the General Counsel.................. 94,000,000
Office of Field Policy and Management.......... 53,000,000
Office of the Chief Procurement Officer........ 16,500,000
Office of Departmental Equal Employment 3,200,000
Opportunity...................................
Office of Strategic Planning and Management.... 4,300,000
Office of the Chief Information Officer........ 36,000,000
Total...................................... 506,000,000
The Department is not directed to limit staffing for these
offices to 2,063 FTE. The Office of the Chief Information
Officer is directed to increase project management and budget
staff within the funding level provided. Within funding for
the Office of the Chief Financial Officer, the Department is
directed to prioritize hiring within the Budget Office with a
goal of reaching the level included in the budget request.
Program Office Salaries and Expenses
Public and Indian Housing
The agreement provides $205,000,000 for the salaries and
expenses of the Office of Public and Indian Housing (PIH).
The amount provided includes at least $5,000,000 for
inspection efforts, including moving to a consistent
inspection standard and oversight of Section 8 units. The
Secretary is also directed to submit a report to the House
and Senate Committees on Appropriations within 30 days of
enactment on what the Department has learned from the
inspection pilot currently underway and how the funding
provided for inspection efforts will be used.
The Department is not directed to limit staffing for this
office to 1,512 FTE. The agreement funds FTEs required to
address critical needs in Housing Choice Voucher, Public
Housing, and PHA oversight functions, and weaknesses
identified in previous audits in areas such as cash
management. PIH is directed to prioritize staffing for
Financial Analysts and Housing Program Specialists in the
areas of Section 8 and public housing operations and
monitoring, including: the Voucher Management and Operations,
Voucher Financial Management, and Quality Assurance
Divisions; the Financial Management Center; the Real Estate
Assessment Center; and the Office of Field Operations. The
agreement also supports FTEs requested for Native American
and Native Hawaiian homeownership. The PIH Office of Budget
and Financial Management is directed to neither increase
staffing nor backfill vacancies and to meet its needs through
existing resources.
COMMUNITY PLANNING AND DEVELOPMENT
The agreement provides $102,000,000 for the salaries and
expenses of the Office of Community Planning and Development.
The Department is not directed to limit staffing for this
office to 758 FTE. The Department is directed to prioritize
positions
[[Page H1193]]
required for the oversight of grantees when hiring additional
FTE.
The agreement includes funding requested for the Office of
Economic Resilience.
HOUSING
The agreement provides $381,500,000 for the salaries and
expenses for the Office of Housing, of which at least
$8,000,000 is for the Office of Risk and Regulatory Affairs.
The agreement also includes a provision on the appointment of
an administrator of the Office of Manufactured Housing.
The Department is not directed to limit staffing for this
office to 3,000 FTE.
Office consolidation and reorganization.--The Department is
directed to submit the report on the planned reorganization
of the Office of Multifamily Housing. In addition to the
other requirements, the report must also include a detailed,
analytically-based business case for the reorganization plan
that demonstrates what quantitative analysis was used to
select which offices will remain open and which offices will
be closed. The Department is also directed to include a
review of how the experiences and best practices of other
similar public and private reorganizations have been factored
into its own plans. In addition to quarterly projections
through fiscal year 2019, the Department is directed to
include annual projections of costs and savings from the plan
through 2023 and to make certain that projections identify
locality pay change costs among the other material costs or
savings it identifies.
POLICY DEVELOPMENT AND RESEARCH
The agreement provides $22,000,000 for the salaries and
expenses of the Office of Policy Development and Research.
The Department is not directed to limit staffing for this
office to 141 FTE.
FAIR HOUSING AND EQUAL OPPORTUNITY
The agreement provides $69,000,000 for the salaries and
expenses of the Office of Fair Housing and Equal Opportunity.
The Department is not directed to limit staffing for this
office to 571 FTE.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
The agreement provides $7,000,000 for the salaries and
expenses of the Office of Lead Hazard Control and Healthy
Homes.
The Department is not directed to limit staffing for this
office to 54 FTE.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The agreement provides $19,177,218,000 for all tenant-based
Section 8 activities under the Tenant-Based Rental Assistance
account. Language is included designating funds provided as
follows:
------------------------------------------------------------------------
Activity Agreement
------------------------------------------------------------------------
Voucher Renewals..................................... $17,365,527,000
Tenant Protection Vouchers........................... 130,000,000
Administrative Fees.................................. 1,500,000,000
HUD-VASH Incremental Vouchers........................ 75,000,000
Section 811 Vouchers................................. 106,691,000
------------------------------------------------------------------------
The agreement includes language providing that the
Secretary may take into account the anticipated impact of
changes in income targeting and utility allowances in
determining funding allocations. The agreement also includes
provisions that require Public Housing Authorities (PHAs) to
establish minimum flat rents, and enables them to streamline
inspections, better serve the working poor, and form
consortia to more efficiently administer their voucher
programs.
The agreement includes a provision requiring the
notification of allocations to PHAs 60 days after enactment
or by March 1, 2014.
The agreement includes language that allows the Secretary
to consider PHAs' net restricted assets (NRA) balances when
determining allocations. These provisions are intended only
to provide a tool for the Secretary to direct funding to
agencies with the greatest need, assist PHAs who have
depleted their reserves, or to increase pro-rations. It is
expected that the amount of the offset will be less than
$200,000,000 and that those PHAs that have an NRA offset will
be left with adequate reserves.
The agreement provides $75,000,000 for PHAs that need
additional funds to administer their Section 8 programs
related to specified circumstances.
The agreement includes a requirement for HUD to work with
the HUD OIG to ensure that PHA boards have sufficient skills
to provide oversight and to report to the House and Senate
Committees on Appropriations within 180 days on how it will
meet this requirement.
The Secretary is directed, in coordination with the United
States Interagency Council on Homelessness, to identify
barriers that Native American veterans living on reservations
who are homeless, or who are at risk of becoming homeless,
face in utilizing the HUD-VASH program. The report should be
provided to the House and Senate Committees on Appropriations
within 120 days of enactment of this Act, and should include
recommended solutions to problems identified.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The agreement includes language allowing unobligated
balances in the Housing Certificate Fund to be used for
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
PUBLIC HOUSING CAPITAL FUND
The agreement provides $1,875,000,000 for the Public
Housing Capital Fund. The agreement provides up to $8,000,000
for public housing financial and physical assessment
activities, not to exceed $20,000,000 for emergency capital
needs, $45,000,000 for supportive services, service
coordinators and congregate services, and up to $15,000,000
for the Jobs-Plus Pilot initiative.
HUD is in the process of developing a physical needs
assessment (PNA) process to assess the capital needs of the
public housing inventory, including a new PNA rule and an
energy audit rule. The Secretary is directed to take every
possible measure to ensure that any new reporting
requirements associated with the PNA process do not increase
administrative burdens on public housing authorities. The
Secretary is further directed to report to the House and
Senate Committees on Appropriations on measures taken to
relieve administrative burdens associated with these rules no
later than 180 days after enactment.
The Secretary is directed to provide detailed information
on receiverships and public housing financial and physical
assessment activities in the fiscal year 2015 Congressional
budget justification that includes amounts provided in
previous years and the amount requested by activity. The
Secretary is further directed to report to the House and
Senate Committees on Appropriations on the status, scope and
cost of all information technology projects currently
underway within the Real Estate Assessment Center and how the
projects fit within the Department's information technology
strategic plan no later than 180 days after enactment.
PUBLIC HOUSING OPERATING FUND
The agreement provides $4,400,000,000 for the Public
Housing Operating Fund. The agreement includes language that
the Secretary shall take into account the impact of changes
to flat rents on public housing agencies' formula income
levels.
CHOICE NEIGHBORHOODS INITIATIVE
The agreement provides $90,000,000 for the Choice
Neighborhoods Initiative. The agreement includes language
requiring that at least $55,000,000 be made available to
public housing authorities, and provides up to $5,000,000 to
assist communities in developing strategies for implementing
the program with community notice and input.
FAMILY SELF-SUFFICIENCY
The agreement provides $75,000,000 for the Family Self-
Sufficiency (FSS) program. The agreement includes a unified
funding account for the FSS program so that PHAs can run one
program for all residents, no matter the type of housing
assistance they receive. The agreement includes limited
waiver authority that the Secretary may use only to ensure
the programs can be streamlined and that the same rules and
requirements apply to all program participants.
NATIVE AMERICAN HOUSING BLOCK GRANTS
The agreement provides $650,000,000 for the Native American
housing block grants, to remain available until September 30,
2018. The agreement provides $3,000,000 for training and
technical assistance by national or regional organizations
and $2,000,000 for inspections, contracting expertise,
training, and technical assistance by HUD or its designee.
The agreement provides $2,000,000 to subsidize a loan level
of $16,530,000 under title VI of NAHASDA.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The agreement provides $10,000,000 for the Native Hawaiian
housing block grant, to remain available until expended.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The agreement provides $6,000,000, to remain available
until expended, to subsidize a loan level of $1,818,000,000.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The agreement provides $100,000, to remain available until
expended, to subsidize a loan level of $18,868,000.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $330,000,000 for the Housing
Opportunities for Persons with AIDS program. The agreement
includes a provision that requires HUD to adequately fund
supportive housing contract commitments made in fiscal year
2010 and prior years before making formula grant allocations.
COMMUNITY DEVELOPMENT FUND
The agreement provides $3,100,000,000 for the Community
Development Fund, to remain available until September 30,
2016. Of the total, the agreement provides $3,030,000,000 in
formula funding and $70,000,000 for Indian tribes, of which
$10,000,000 shall be for grants for mold remediation and
prevention.
The agreement includes a provision prohibiting grantees
from selling, trading or otherwise transferring funds
received under this heading.
The agreement does not include funding for Integrated
Planning and Investment grants.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES/RENEWAL COMMUNITIES
(RESCISSION)
The agreement permanently rescinds unobligated balances,
including recaptures and carryover, remaining from funds
previously appropriated under this heading.
COMMUNITY DEVELOPMENT LOAN GUARANTEES
PROGRAM ACCOUNT
The agreement provides $3,000,000, to remain available
until September 30, 2015, and
[[Page H1194]]
also provides the authority to collect fees from borrowers.
The funds provided under this heading and any amounts
collected from fees are available to subsidize a total loan
principal of no more than $150,000,000 in section 108 loan
guarantees.
HUD is not expected to be ready to implement a new fee-
based section 108 loan program upon enactment of this Act.
Instead, prior to the collection of fees, HUD is directed to
establish regulations articulating how a fee-based, zero-
subsidy program shall be implemented. Prior to the
publication of a final rule on implementation, HUD is
directed to continue to use budget authority provided under
this heading and in prior years to support section 108 loan
guarantees. Once a final rule is published, HUD is directed
to collect fees from borrowers to support any new loans such
that the cost to the Federal government of any loans made
after publication is zero.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The agreement provides $1,000,000,000, to remain available
until September 30, 2016, for the Home Investment
Partnerships (HOME) program. The agreement removes provisions
included in fiscal years 2012 and 2013 that established
requirements to improve oversight of the HOME program. HUD
has now promulgated the final rule, ``Home Investment
Partnerships Program: Improving Performance and
Accountability; Updating Property Standards'', which updates
HOME regulations with similar reforms. Since there are some
minor differences between the requirements of previously
enacted bill language and the final rule, language is
included to clarify that all projects going forward after the
rule's effective date will follow its requirements.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The agreement provides $50,000,000 for this account, to
remain available until September 30, 2016. Of the total,
$10,000,000 is provided for the Self-Help and Assisted
Homeownership Opportunity Program; $35,000,000 is provided
for the second, third and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993, of which not less than $5,000,000 shall be for rural
capacity building activities; and $5,000,000 is provided for
capacity building activities by national organizations with
expertise in rural housing development.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,105,000,000, to remain available
until September 30, 2016, for homeless assistance grants. Of
the amount provided, not less than $250,000,000 is for the
Emergency Solutions Grants program; not less than
$1,815,000,000 is for the continuum of care and rural housing
stability assistance programs; and up to $6,000,000 is for
the national homeless data analysis project. The agreement
includes a provision which allows the Secretary to renew
expiring contracts if a project is determined to be needed
under the continuum of care program and if a project meets
appropriate program requirements and financial standards. The
agreement also includes a provision which allows funds
provided under this heading in fiscal years 2012, 2013 and
2014 for the provision of permanent housing rental assistance
to be administered by private, non-profit organizations.
If additional funds are available after renewing qualified
projects and addressing Homeless Emergency Assistance and
Rapid Transition to Housing Act (HEARTH) requirements under
the continuum of care program competition, the Secretary is
directed to increase funding for Emergency Solutions Grants
above $250,000,000. The Secretary is expected to continue to
emphasize the use of rapid re-housing with these funds.
HUD is required to submit the Annual Homeless Assessment
Report by August 28, 2014.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The agreement provides $9,516,628,000 for project-based
rental assistance activities, of which not to exceed
$265,000,000 is for performance-based contract
administrators. The agreement also provides an advance
appropriation of $400,000,000 to be made available on October
1, 2014. The agreement allows the Secretary to use project
funds held in residual receipt accounts, unobligated
balances, including recaptures, and carryover for program
activities. The agreement does not provide authority to
transfer funds to the Office of Housing to administer the
program.
The agreement does not include specific direction on
whether the Department should administer funding for
performance-based contract administrators either through a
procurement process or by a notice of funding availability.
HOUSING FOR THE ELDERLY
The agreement provides $383,500,000 for the section 202
program to be available until September 30, 2017, of which up
to $72,000,000 shall be for service coordinators and existing
congregate service grants. The agreement allows the Secretary
to use funds held in residual receipts accounts, or
unobligated balances including recaptures and carryover, for
authorized activities. These funds are available until
September 30, 2017. The agreement fully funds all renewal and
amendments of project based rental assistance contracts,
service coordinators and existing congregate service grants,
and an elderly project rental assistance demonstration.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $126,000,000 for the section 811
program to be available until September 30, 2017. The
agreement allows the Secretary to use project funds held in
residual receipts accounts, or unobligated balances including
recaptures and carryover, for authorized activities. These
funds are available until September 30, 2017.
HOUSING COUNSELING ASSISTANCE
The agreement provides $45,000,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services.
RENTAL HOUSING ASSISTANCE
The agreement provides $21,000,000 for the rental housing
assistance program and allows HUD to use funds, including
unobligated balances and recaptured amounts, for one year
contract extensions.
RENT SUPPLEMENT
(RESCISSION)
The agreement rescinds $3,500,000 in rent supplement
recaptures available due to prepayments, and prohibits
rescissions from funds that Congress designated as an
emergency.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $7,530,000 for authorized
activities, of which $6,530,000 is to be derived from the
Manufactured Housing Fees Trust Fund.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement establishes a limitation of $400,000,000,000
on commitments to guarantee single-family loans during fiscal
year 2014, and provides that such commitment authority shall
be available until September 30, 2015. The bill also provides
$127,000,000 for administrative contract expenses.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement establishes a $30,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2014, and provides that such commitment authority shall
be available until September 30, 2015.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES
LOAN GUARANTEE PROGRAM ACCOUNT
The agreement includes up to $500,000,000,000 for new
commitments and provides $19,500,000 for salaries and
expenses for the Government National Mortgage Association.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The agreement provides $46,000,000 for research and
technology. Of the amount provided, not less than $29,000,000
is for the American Housing Survey, not less than $2,000,000
is for the new home sales and completions report, and not
less than $5,000,000 is for research dissemination.
Fair Housing and Equal Opportunity
fair housing activities
The agreement provides $66,000,000 for fair housing
activities, of which $40,100,000 is for the Fair Housing
Initiatives Program, $24,100,000 is for the Fair Housing
Assistance Program, $1,500,000 is for the National Fair
Housing Training Academy, and $300,000 is for translated
materials.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
The agreement provides $110,000,000 for the lead hazard
control and healthy homes initiative. Of the total,
$15,000,000 is provided for the healthy homes initiative, and
$45,000,000 is to be made available on a competitive basis
for areas with the highest lead abatement needs. The
Department is directed to provide an implementation plan for
the healthy homes funds by September 30, 2014 and to focus
efforts on addressing mold, radon, pests, and asthma.
Information Technology Fund
The agreement provides $250,000,000 for the Information
Technology Fund. Of the amount provided, $205,000,000 is
available until September 30, 2015, and $45,000,000 is
available until September 30, 2016 for development,
modernization and enhancements (DME). The bill provides that
not more than 25 percent of the DME funds may be obligated
until the Secretary submits a specific plan for expenditure
and GAO reviews the plan.
Office of Inspector General
The agreement provides $125,000,000 for the necessary
expenses of the Office of Inspector General.
Transformation Initiative
The bill appropriates $40,000,000 for the transformation
initiative. Of the amount, not less than $15,000,000 is for
research, demonstrations and evaluations, which should be
sufficient to fund the following activities: understanding
rapid re-housing models and outcomes for homeless; a seniors
and supportive housing program demonstration; a seniors and
services demonstration evaluation; a Section 811 project
rental assistance demonstration; a ROSS evaluation; a small
area fair market rent study; a Jobs-Plus evaluation; a Moving
to Work evaluation;
[[Page H1195]]
and a Rental Assistance Demonstration evaluation.
For the expenditure of technical assistance and capacity
building funds, the Secretary is directed to report to the
House and Senate Committees on Appropriations on how the
Department proposes to utilize such funds prior to the notice
publication or award. The Secretary is directed to limit
technical assistance and capacity building activities to only
HUD grantees regarding the use of their HUD funds. In
addition, the Secretary is directed to allocate at least
$3,000,000 of the technical assistance funds to PHA finance
and governance training.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits the use of funds to investigate or
prosecute legal activities under the Fair Housing Act.
Section 203 extends HOPWA formula modifications affecting
certain jurisdictions in New York, New Jersey, and North
Carolina.
Section 204 requires that funds be distributed on a
competitive basis unless specified otherwise in statute.
Section 205 allows HUD to use funds to reimburse the
Government National Mortgage Association (GNMA), Fannie Mae
and other Federal entities for services and facilities.
Section 206 requires HUD to comport with the budget
estimates except as otherwise provided in this Act or through
an approved reprogramming.
Section 207 provides authorization for HUD corporations to
utilize funds under certain conditions and restrictions.
Section 208 requires a report on available balances each
quarter.
Section 209 requires that the Administration's budget and
the Department's budget justifications for fiscal year 2015
be submitted in the identical account and sub-account
structure provided in this Act.
Section 210 requires public housing authorities to set flat
rents at levels no lower than 80 percent of the fair market
rental rate, except that PHAs will have to phase-in flat rent
increases as necessary to ensure that a family's existing
rental payment does not increase by more than 35 percent in a
single year.
Section 211 exempts PHA Boards in Alaska, Iowa, and
Mississippi and the County of Los Angeles from the public
housing resident representation requirement.
Section 212 changes the definition of a PHA that operates
public housing to include consortiums of PHA's, as designated
by HUD.
Section 213 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 214 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided certain conditions are met. HUD is instructed to
conduct an evaluation of the transfer authority effect on
operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of affected
properties.
Section 215 sets forth the requirements for eligibility for
Section 8 voucher assistance.
Section 216 distributes Native American Housing Block grant
funds to the same Native Alaskan recipients as in Fiscal Year
2005.
Section 217 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 218 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 219 allows the recipient of a Section 202 grant to
establish a single-asset non-profit entity to own the project
and may lend the grant funds to such entity.
Section 220 streamlines the inspection of units and allows
the use of alternative Federal inspection standards to reduce
duplication and focus more on risk-based inspections.
Section 221 allows amounts provided under the Section 108
loan guarantee program to be used to guarantee notes or other
obligations issued by any State on behalf of non-entitlement
communities in the State.
Section 222 allows PHAs that own and operate 400 units or
fewer of public housing to be exempt from asset management
requirements.
Section 223 restricts the Secretary from imposing any
requirement or guideline relating to asset management that
restricts or limits the use of capital funds for central
office costs, up to the limit established in QWHRA.
Section 224 directs that no employee shall be designated as
an allotment holder unless the CFO determines that they have
received training.
Section 225 requires HUD to provide an annual report to the
House and Senate Committees on Appropriations on the status
of all Section 8 project-based housing.
Section 226 requires that the Secretary publish all NOFAs
on the internet.
Section 227 requires that attorney fees for programmatic
litigation be paid from the personnel and benefits accounts
of affected offices and be reflected in budget submissions.
Section 228 sets reprogramming guidelines for
Administrative Support Offices and Program Office Salaries
and Expenses, and transfers between the two.
Section 229 allows the Disaster Housing Assistance Programs
to be considered a program of HUD for the purpose of income
verifications and matching.
Section 230 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties (do not meet minimum REAC standards).
Section 231 places a salary limit on public housing agency
officials and employees.
Section 232 repeals the paragraph under the heading
``Flexible Subsidy Fund''.
Section 233 allows critical access hospitals to be insured
under section 242 of the National Housing Act.
Section 234 extends the HOPE VI program until September 30,
2014.
Section 235 allows the Secretary to transfer up to $5
million from salaries and expenses accounts to the
``Information Technology Fund''.
Section 236 allows annual reporting by the Secretary
regarding duplication of benefits in Community Development
Fund disaster funding.
Section 237 prohibits funds from being used for the
doctoral dissertation research grant program at HUD.
Section 238 modifies the United States Housing Act of 1937
by adding a definition of the term ``extremely low-income
family'' and modifying requirements for low-income targeting
to better target rental assistance to the working poor.
Section 239 modifies the Rental Assistance Demonstration
program to extend current authority through December 31,
2014.
Section 240 requires HUD to notify the House and Senate
Committees on Appropriations 3 full business days before
making any grant award announcement.
Section 241 expands the authority to facilitate section 202
operating assistance-only contracts to fund supportive
housing units for the elderly aligned with State healthcare
priorities.
Section 242 modifies utility allowances to be consistent
with the size of the unit for which a family qualifies, not
the size of the unit leased.
Section 243 directs the Secretary to establish by notice
requirements necessary to implement sections 210, 212, 220,
238, and 242 under this title and the notice shall take
effect upon issuance. Expediting the implementation of these
sections will accelerate the associated savings which will
begin to drive down program costs. 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.
TITLE III--RELATED AGENCIES
access board
SALARIES AND EXPENSES
The agreement provides $7,448,000 for the salaries and
expenses of the Access Board.
Federal Maritime Commission
salaries and expenses
The agreement provides $24,669,000 for the salaries and
expenses of the Federal Maritime Commission. Of the funds
provided, not more than $2,000 may be available for official
reception and representation expenses.
National Railroad Passenger Corporation Office of the Inspector General
salaries and expenses
The agreement provides $23,499,000 for Amtrak's Office of
Inspector General.
National Transportation Safety Board
salaries and expenses
The agreement provides $103,027,000 for the salaries and
expenses of the National Transportation Safety Board.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
The agreement provides $204,100,000 for the Neighborhood
Reinvestment Corporation, of which $5,000,000 is for the
multifamily rental housing program, and $67,500,000 is for
the National Foreclosure Mitigation Counseling (NFMC)
program. It also allows NRC to use up to 5 percent of NFMC
funds on administrative expenses to carry out foreclosure
mitigation activities.
United States Interagency Council on Homelessness
operating expenses
The agreement provides $3,500,000 for operating expenses of
the United States Interagency Council on Homelessness (USICH)
and includes a provision which amends Title II of the
McKinney-Vento Homeless Assistance Act to extend the sunset
date of USICH to October 1, 2016.
USICH is encouraged to work with agencies to establish
long-term working interagency relationships among permanent
federal agencies, and to leverage the resources of those
agencies to continue interagency coordination on Opening
Doors: the Federal Strategic Plan to Prevent and End
Homelessness.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits pay and other expenses for non-
Federal parties in regulatory or adjudicatory proceedings
funded in this Act.
Section 402 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 403 limits consulting service expenditures in
procurement contracts to contracts where such expenditures
are a matter of public record, with exceptions.
Section 404 prohibits employee training not specifically
related to the performance of official duties.
[[Page H1196]]
Section 405 specifies reprogramming procedures and requires
tables to include prior year enacted levels.
Section 406 allows up to fifty percent of unobligated
balances appropriated for salaries and expenses to remain
available for certain purposes, contingent upon approval by
the House and Senate Committees on Appropriations.
Section 407 prohibits funds from being used for any project
that seeks to use the power of eminent domain unless eminent
domain is employed only for a public use.
Section 408 requires agencies and departments funded herein
to report on all sole-source contracts by July 30, 2014.
Section 409 denies the transfer of funds made available in
this Act, except pursuant to a transfer made by this Act or
by authority granted in this Act.
Section 410 prohibits funds in this Act from being used to
permanently replace an employee intent on returning to his or
her past occupation after completion of military service.
Section 411 prohibits funds in this Act from being used
unless the expenditure is in compliance with the Buy American
Act.
Section 412 prohibits funds from being made available to
any person or entity that has been found to have violated the
Buy American Act.
Section 413 prohibits funds for first-class airline
accommodations in contravention of section 301-10.122 and
301-10.123 of title 41 CFR.
Section 414 prohibits funds from going to the group ACORN
or its subsidiaries.
Section 415 prohibits funds from being used for any
contract, grant, agreement, loan, or loan guarantee to any
corporation convicted of a felony in the past 24 months.
Section 416 prohibits funds from being used for any
contract, grant, agreement, loan, or loan guarantee to any
corporation that has any unpaid federal taxes and is not
repaying such taxes in a timely manner.
Section 417 is a sense of Congress which states that
Congress should not pass any legislation that authorizes
spending cuts that would increase poverty in the United
States.
Section 418 requires agencies and departments funded by
this Act to report to Congress, at the end of fiscal year
2014, a complete inventory of the number of vehicles owned,
retired, and purchased in fiscal year 2014, as well as the
total cost of the vehicle fleet, including maintenance, fuel,
storage, purchasing, and leasing.
[[Page H1197]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.545
[[Page H1198]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.546
[[Page H1199]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.547
[[Page H1200]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.548
[[Page H1201]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.549
[[Page H1202]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.550
[[Page H1203]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.551
[[Page H1204]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.552
[[Page H1205]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.553
[[Page H1206]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.554
[[Page H1207]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.555
[[Page H1208]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.556
[[Page H1209]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.557
[[Page H1210]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.558
[[Page H1211]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.559
[[Page H1212]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.560
[[Page H1213]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.561
[[Page H1214]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.562
[[Page H1215]]
[GRAPHIC] [TIFF OMITTED] TH15JA14.563