[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. 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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 E