[113th Congress Public Law 76]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 5]]
Public Law 113-76
113th Congress
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2014, and for other purposes. <<NOTE: Jan. 17, 2014 - [H.R.
3547]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2014.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
Sec. 4. Explanatory Statement.
Sec. 5. Statement of Appropriations.
Sec. 6. Availability of Funds.
Sec. 7. Technical Allowance for Estimating Differences.
Sec. 8. Launch Liability Extension.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Military Disability Retirement and Survivor Benefit Annuity
Restoration
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014
Title I--Corps of Engineers--Civil
[[Page 128 STAT. 6]]
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2014
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
Title I--Departmental Management and Operations
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2014
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
[[Page 128 STAT. 7]]
SEC. <<NOTE: 1 USC 1 note.>> 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
of Representatives section of the Congressional Record on or about
January 15, 2014 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2014.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2014, new budget authority provided in
appropriation Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2014 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but not to exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that fiscal year.
SEC. 8. LAUNCH LIABILITY EXTENSION.
Section 50915(f) of title 51, United States Code, is amended by
striking ``December 31, 2013'' and inserting ``December 31, 2016''.
DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2014.>> A--
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $43,778,000,
of which not to exceed $5,051,000 shall be available
[[Page 128 STAT. 8]]
for the immediate Office of the Secretary; not to exceed $498,000 shall
be available for the Office of Tribal Relations; not to exceed
$1,496,000 shall be available for the Office of Homeland Security and
Emergency Coordination; not to exceed $1,209,000 shall be available for
the Office of Advocacy and Outreach; not to exceed $23,590,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $22,786,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and efficient
work of the Department; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations to carry
out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $8,065,000 shall be available for the Office of
Communications: Provided, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $11,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this heading
for the Office of Assistant Secretary for Congressional Relations may be
transferred to agencies of the Department of Agriculture funded by this
Act to maintain personnel at the agency level: Provided further, That
no funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$16,777,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155 and shall be
obligated within 90 days of the enactment of this Act.
national appeals division
For necessary expenses of the National Appeals Division,
$12,841,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,064,000.
[[Page 128 STAT. 9]]
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,031,000, of which not less than $27,000,000 is for
cybersecurity requirements of the Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,213,000: Provided, That no funds made available by this
appropriation may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on Appropriations of
both Houses of Congress and the Committee on Oversight and Government
Reform of the House of Representatives a report on the Department's
contracting out policies, including agency budgets for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $893,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,400,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $233,000,000, to remain available until expended, of
which $164,470,000 shall be available for payments to the General
Services Administration for rent; of which $13,800,000 is for payments
to the Department of Homeland Security for building security activities;
and of which $54,730,000 is for buildings operations and maintenance
expenses: Provided, That the Secretary may use unobligated prior year
balances of an agency or office that are no longer available for new
obligation to cover shortfalls incurred in prior year rental payments
for such agency or office: Provided further, That the Secretary is
authorized to transfer funds from a Departmental agency to this account
to recover the full cost of the space and security expenses of that
agency that are funded by this account when the actual costs exceed the
agency estimate which will be available for the activities and payments
described herein.
[[Page 128 STAT. 10]]
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $3,592,000, to remain available
until expended: Provided, That appropriations and funds available
herein to the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-Federal
lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978, $89,902,000,
including such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$41,202,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,440,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$78,058,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $161,206,000, of which up to $44,545,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
[[Page 128 STAT. 11]]
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal
ownership, <<NOTE: 7 USC 2254.>> $1,122,482,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except for 10 buildings to be constructed or improved at
a cost not to exceed $750,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $375,000, whichever is
greater: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings needed
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for use by,
and acceptable to, the Agricultural Research Service and a condition of
the easements shall be that upon completion the facility shall be
accepted by the Secretary, subject to the availability of funds herein,
if the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That section 732(b) of
division A of Public Law 112-55 (125 Stat. 587) is amended by adding at
the end the following new sentence: ``The conveyance authority provided
by this subsection expires September 30, 2015, and all conveyances under
this subsection must be completed by that date.'': Provided further,
That funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$772,559,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the
[[Page 128 STAT. 12]]
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That funds for research
grants for 1994 institutions, education grants for 1890 institutions,
capacity building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, Critical Agricultural
Materials Act, veterinary medicine loan repayment, multicultural
scholars, graduate fellowship and institution challenge grants, and
grants management systems shall remain available until expended:
Provided further, That each institution eligible to receive funds under
the Evans-Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C. 3221
and 3222.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $469,191,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $35,317,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2015.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
[[Page 128 STAT. 13]]
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$821,721,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $12,720,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $35,339,000,
to remain available until expended, shall be for Animal Health Technical
Services; of which $697,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of
which $52,340,000, to remain available until expended, shall be used to
support avian health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure; of which
$151,500,000, to remain available until expended, shall be for specialty
crop pests; of which, $8,826,000, to remain available until expended,
shall be for field crop and rangeland ecosystem pests; of which
$54,000,000, to remain available until expended, shall be for tree and
wood pests; of which $3,722,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for the scrapie
program for indemnities; of which $1,500,000, to remain available until
expended, shall be for the wildlife damage management program for
aviation safety: Provided, That of amounts available under this heading
for wildlife services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts available
under this heading for the screwworm program, $4,990,000 shall remain
available until expended: Provided further, That no funds shall be used
to formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation shall
be available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which threaten
any segment of the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds available to
the agencies or corporations of the Department such sums as may be
deemed necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance with
sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C.
8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7
U.S.C. 7751 and 7772), and any unexpended balances of funds transferred
for such emergency purposes in the preceding fiscal year shall be merged
with such transferred amounts: Provided further, That appropriations
hereunder shall
[[Page 128 STAT. 14]]
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise
provided the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of the
building.
In fiscal year 2014, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
reimbursed to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$79,914,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,435,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,056,000 for formulation and
administration of marketing
[[Page 128 STAT. 15]]
agreements and orders pursuant to the Agricultural Marketing Agreement
Act of 1937 and the Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,363,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,261,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the Committees
on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $811,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,010,689,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available until
expended: Provided further, That no fewer than 148 full-time equivalent
positions shall be employed during fiscal year 2014 for purposes
dedicated solely to inspections and enforcement related to the Humane
Methods of Slaughter Act: Provided further, That the Food Safety and
Inspection Service shall continue implementation of section 11016 of
Public Law 110-246: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 128 STAT. 16]]
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm
and Foreign Agricultural Services, $893,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,177,926,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $3,782,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,526,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,000,000,000 for guaranteed
[[Page 128 STAT. 17]]
farm ownership loans and $575,000,000 for farm ownership direct loans;
$1,500,000,000 for unsubsidized guaranteed operating loans and
$1,195,620,000 for direct operating loans; emergency loans, $34,658,000;
Indian tribe land acquisition loans, $2,000,000; guaranteed conservation
loans, $150,000,000; Indian highly fractionated land loans, $10,000,000;
and for boll weevil eradication program loans, $60,000,000: Provided,
That the Secretary shall deem the pink bollworm to be a boll weevil for
the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership, $4,428,000
for direct loans; farm operating loans, $65,520,000 for direct operating
loans, $18,300,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,698,000, to remain available until expended; and
Indian highly fractionated land loans, $68,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,719,000, of which $306,998,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $71,496,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
[[Page 128 STAT. 18]]
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $893,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$812,939,000,
[[Page 128 STAT. 19]]
to remain available until September 30, 2015: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at
plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$203,424,000: Provided, That no less than $20,000,000 shall be for the
Comprehensive Loan Accounting System: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities that
support the Rural Development mission area: Provided further, That any
balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business--Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$900,000,000 shall be for direct loans and $24,000,000,000 shall be for
unsubsidized guaranteed loans; $26,280,000 for section 504 housing
repair loans; $28,432,000 for section 515 rental housing; $150,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single family housing acquired property; $5,000,000 for
section 523 self-help housing land development loans; and $5,000,000 for
section 524 site development loans.
[[Page 128 STAT. 20]]
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $24,480,000 shall be for
direct loans; section 504 housing repair loans, $2,176,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$6,656,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not
be subsidized: Provided further, That applicants in communities that
have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this heading:
Provided further, That of the amounts available under this paragraph for
section 502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant authorized by
section 523 of the Housing Act of 1949 until June 1, 2014.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $13,992,000, to remain available
until expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred to and
merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $415,100,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $1,110,000,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a 1-year
period: Provided further, That any unexpended balances remaining at the
end of such 1-year agreements may be transferred and used for the
purposes of any debt reduction; maintenance, repair, or rehabilitation
of any existing projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2014 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided further, That
such recaptured rental assistance shall, to
[[Page 128 STAT. 21]]
the extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $32,575,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $12,575,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That if the Secretary determines that
the amount made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$20,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the preservation
and revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided further, That
if the Secretary determines that additional funds for vouchers described
in this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such vouchers:
Provided further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the Secretary may
use funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That in addition to any other available funds,
[[Page 128 STAT. 22]]
the Secretary may expend not more than $1,000,000 total, from the
program funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $32,239,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,200,000,000 for direct loans and $59,543,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,775,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $28,745,000, to remain
available until expended: Provided, That $5,967,000 of the amount
appropriated under this heading shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $5,778,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of such Act:
Provided further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made available
under this heading.
[[Page 128 STAT. 23]]
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in subsections (f) and (g) of section 310B and section 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $96,539,000, to remain
available until expended: Provided, That of the amount appropriated
under this heading, not to exceed $500,000 shall be made available for
one grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development and $3,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the Consolidated Farm
and Rural Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $18,889,000.
For the cost of direct loans, $4,082,000, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), of which $531,000 shall be
available through June 30, 2014, for Federally Recognized Native
American Tribes; and of which $1,021,000 shall be available through June
30, 2014, for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,439,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification
[[Page 128 STAT. 24]]
Act of 1936, $172,000,000 shall not be obligated and $172,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,050,000, of which $2,250,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $3,500,000: Provided,
That the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $462,371,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $66,500,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act, Federally recognized Native
American Tribes authorized by 306C(a)(1), and the Department of Hawaiian
Home Lands (of the State of Hawaii): Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural Development
Act may be provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2 percent of
the funding provided for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for training and
technical assistance programs and not more than 2 percent of the funding
provided for section 306D of the Consolidated Farm and Rural
[[Page 128 STAT. 25]]
Development Act may be used by a consortium formed pursuant to section
325 of Public Law 105-83 for training and technical assistance programs:
Provided further, That not to exceed $19,000,000 of the amount
appropriated under this heading shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(14) of such
Act, unless the Secretary makes a determination of extreme need, of
which $6,000,000 shall be made available for a grant to a qualified non-
profit multi-state regional technical assistance organization, with
experience in working with small communities on water and waste water
problems, the principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving the
planning, financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities: Provided
further, That not to exceed $15,000,000 of the amount appropriated under
this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That not to
exceed $4,000,000 shall be for solid waste management grants: Provided
further, That $10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any prior year balances for high-energy cost
grants authorized by section 19 of the Rural Electrification Act of 1936
(7 U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading.
For gross obligations for the principal amount of direct loans as
authorized by section 1006a of title 16 of the United States Code,
except for the limitations contained in the last sentence of such
section as well as limitations in section 1002 of title 16, as
determined by the Secretary, for projects whose features include
agricultural water supply benefits, groundwater protection, and
environmental enhancement, $40,000,000: Provided, That such loans shall
be made by the Rural Utilities Service: Provided further, That the
Secretary may treat these projects as works of improvement pursuant to
Public Law 83-566: Provided further, That the Secretary may adopt a
watershed plan developed by the Army Corps of Engineers with respect to
such projects.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C.
935 and 936) shall be made as follows: loans made pursuant to section
306 of that Act, rural electric, $5,000,000,000; guaranteed underwriting
loans pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, cost of
[[Page 128 STAT. 26]]
money rural telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans, $690,000,000:
Provided, That up to $2,000,000,000 shall be used for the construction,
acquisition, or improvement of fossil-fueled electric generating plants
(whether new or existing) that utilize carbon sequestration systems.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,478,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$34,483,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $24,323,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section:
Provided further, That $2,000,000 shall be made available to those
noncommercial educational television broadcast stations that serve rural
areas and are qualified for Community Service Grants by the Corporation
for Public Broadcasting under section 396(k) of the Communications Act
of 1934, including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $4,500,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $811,000.
[[Page 128 STAT. 27]]
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $19,287,957,000, to remain available through September 30, 2015,
of which such sums as are made available under section 14222(b)(1) of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the same
time period and purposes as provided herein: Provided, That of the
total amount available, $17,004,000 shall be available to carry out
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available, $25,000,000 shall
be available to provide competitive grants to State agencies for
subgrants to local educational agencies and schools to purchase the
equipment needed to serve healthier meals, improve food safety, and to
help support the establishment, maintenance, or expansion of the school
breakfast program.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,715,841,000, to remain available through
September 30, 2015, of which such sums as are necessary to restore the
contingency reserve to $125,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deemed
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That notwithstanding section 17(h)(10) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 shall be
used for breastfeeding peer counselors and other related activities,
$14,000,000 shall be used for infrastructure, and $30,000,000 shall be
used for management information systems: Provided further, That none of
the funds provided in this account shall be available for the purchase
of infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally-mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6)
at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $82,169,945,000, of which $3,000,000,000,
to remain available through September 30, 2015,
[[Page 128 STAT. 28]]
shall be placed in reserve for use only in such amounts and at such
times as may become necessary to carry out program operations:
Provided, That funds provided herein shall be expended in accordance
with section 16 of the Food and Nutrition Act of 2008: Provided
further, That of the funds made available under this heading, $998,000
may be used to provide nutrition education services to State agencies
and Federally recognized tribes participating in the Food Distribution
Program on Indian Reservations: Provided further, That this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available until expended, notwithstanding section 16(h)(1) of the
Food and Nutrition Act of 2008: Provided further, That funds made
available under this heading for section 28(d)(1) of the Food and
Nutrition Act of 2008 shall remain available through September 30, 2015:
Provided further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program integrity
provided that such activities are authorized by the Food and Nutrition
Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $269,701,000, to remain
available through September 30, 2015: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2014 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2015: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$141,348,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171, as
amended by section 4401 of Public Law 110-246.
[[Page 128 STAT. 29]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $177,863,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $2,735,000, shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided, That funds made available for the cost of agreements under
title I of the Agricultural Trade Development and Assistance Act of 1954
and for title I ocean freight differential may be used interchangeably
between the two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480, as amended),
for commodities supplied in connection with dispositions abroad under
title II of said Act, $1,466,000,000, to remain available until
expended: Provided, That for purposes of funds appropriated under this
heading, in addition to amounts made available under section 202(e)(1)
of the Food for Peace Act, of the total amount provided under this
heading, $35,000,000 shall be made available pursuant to section
202(e)(1) of the Food for Peace Act to eligible
[[Page 128 STAT. 30]]
organizations: Provided further, That funds made available pursuant to
section 202(e)(1) of the Food for Peace Act to eligible organizations
may, in addition to the purposes set forth in section 202(e)(1)(A)-(C),
be made available to assist such organizations to carry out activities
consistent with section 203(d)(1)-(3) of the Food for Peace Act:
Provided further, That notwithstanding any other provision of law, the
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any
amounts higher than those specified under this authority for fiscal year
2009.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $185,126,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $6,748,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,394,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $4,346,670,000: Provided, That of the amount provided under
this heading, $760,000,000 shall
[[Page 128 STAT. 31]]
be derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available until
expended; $114,833,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this account and
remain available until expended; $305,996,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall
be credited to this account and remain available until expended;
$20,716,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $23,600,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$7,328,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $534,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended;
$12,925,000 shall be derived from food and feed recall fees authorized
by 21 U.S.C. 379j-31, and shall be credited to this account and remain
available until expended; $15,367,000 shall be derived from food
reinspection fees authorized by 21 U.S.C. 379j-31, and shall be credited
to this account and remain available until expended; and amounts derived
from voluntary qualified importer program fees authorized by 21 U.S.C.
379j-31 shall be credited to this account and remain available until
expended: Provided further, That in addition and notwithstanding any
other provision under this heading, amounts collected for prescription
drug user fees, medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user fees, and
animal generic drug user fees that exceed the respective fiscal year
2014 limitations are appropriated and shall be credited to this account
and remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and animal generic drug
assessments for fiscal year 2014, including any such fees collected
prior to fiscal year 2014 but credited for fiscal year 2014, shall be
subject to the fiscal year 2014 limitations: Provided further, That the
Secretary may accept payment during fiscal year 2014 of user fees
specified under this heading and authorized for fiscal year 2015, prior
to the due date for such fees, and that amounts of such fees assessed
for fiscal year 2015 for which the Secretary accepts payment in fiscal
year 2014 shall not be included in amounts under this heading: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$900,259,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,289,304,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $337,543,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $173,207,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $408,918,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
[[Page 128 STAT. 32]]
of Regulatory Affairs; (6) $62,494,000 shall be for the National Center
for Toxicological Research; (7) $501,476,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $178,361,000 shall be for Rent and
Related activities, of which $61,922,000 is for White Oak Consolidation,
other than the amounts paid to the General Services Administration for
rent; (9) not to exceed $219,907,000 shall be for payments to the
General Services Administration for rent; and (10) $275,201,000 shall be
for other activities, including the Office of the Commissioner of Food
and Drugs, the Office of Foods and Veterinary Medicine, the Office of
Medical and Tobacco Products, the Office of Global and Regulatory
Policy, the Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds pursuant
to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under this heading
for other activities: Provided further, That funds may be transferred
from one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and priority
review user fees authorized by 21 U.S.C. 360n may be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $8,788,000, to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $215,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which $35,000,000, shall be for the
purchase of information technology until September 30, 2015, and of
which $1,420,000 shall be for the Office of the Inspector General:
Provided, That of the amounts made available for information technology,
the Chairman of the Commodity Futures Trading Commission may transfer
not to exceed $10,000,000 for salaries and expenses: Provided further,
That any transfer shall be subject to the notification procedures set
forth in section 721 of this Act with respect to a reprogramming
[[Page 128 STAT. 33]]
of funds and shall not be available for obligation or expenditure except
in compliance with such procedures.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $62,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That no
funds available to the Farm Credit Administration shall be used to
implement or enforce those portions of the final regulation published in
the Federal Register on October 3, 2012, (77 Fed. Reg. 60, 582-602),
establishing a requirement that Farm Credit System institutions hold an
advisory vote on officer compensation.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 69 passenger motor vehicles of which 69 shall be for replacement
only, and for the hire of such vehicles: Provided, That notwithstanding
this section, the only purchase of new passenger vehicles shall be for
those determined by the Secretary to be necessary for transportation
safety, to reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to the
Department's National Finance Center without written
[[Page 128 STAT. 34]]
notification to and prior approval of the Committees on Appropriations
of both Houses of Congress as required by section 721 of this Act:
Provided further, That of annual income amounts in the Working Capital
Fund of the Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment for
the improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance Center
or to pay any unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That the
limitation on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared state
of emergency that significantly impacts the operations of the National
Finance Center; or to evacuate employees of the National Finance Center
to a safe haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects
over $25,000 prior to receipt of written approval by the Chief
Information Officer.
Sec. 707. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of
[[Page 128 STAT. 35]]
the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act of 1936, or any not-for-profit
utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) of such Act in
the form of unrecovered indirect costs not otherwise charged against the
grant, consistent with the indirect rate of cost approved for a
recipient.
Sec. 710. Except as otherwise specifically provided by law,
unobligated balances from appropriations made available for salaries and
expenses in this Act for the Farm Service Agency and the Rural
Development mission area, shall remain available through September 30,
2015, for information technology expenses.
Sec. 711. The Secretary of Agriculture may authorize a State agency
to use funds provided in this Act to exceed the maximum amount of liquid
infant formula specified in 7 CFR 246.10 when issuing liquid infant
formula to participants.
Sec. 712. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 713. In the case of each program established or amended by the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), other
than by title I or subtitle A of title III of such Act, or programs for
which indefinite amounts were provided in that Act, that is authorized
or required to be carried out using funds of the Commodity Credit
Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 714. None of the funds made available in fiscal year 2014 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
[[Page 128 STAT. 36]]
Sec. 715. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 716. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 717. Section 16(h)(1)(A) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)(1)(A)), is amended by inserting ``and fiscal year
2014'' after ``2013''.
Sec. 718. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by
section 14(h)(1) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)); and
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,350,000,000.
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out a program under subsection
(b)(2)(A)(vi) of section 14222 of Public Law 110-246 in excess of
$878,297,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of the
Richard B. Russell National School Lunch Act, as amended, except in an
amount that excludes the transfer of $119,000,000 of the funds to be
transferred under subsection (c) of section 14222 of Public Law 110-246,
until October 1, 2014: Provided further, That $119,000,000 made
available on October 1, 2014, to carry out section 19(i)(1)(E) of the
Richard B. Russell National School Lunch Act, as amended, shall be
excluded from the limitation described in subsection (b)(2)(A)(vii) of
section 14222 of Public Law 110-246: Provided further, That none of the
funds appropriated or otherwise made available by this or any other Act
shall be used to pay the salaries or expenses of any employee of the
Department of Agriculture or officer of the Commodity Credit Corporation
to carry out clause 3 of section 32 of the Agricultural Adjustment Act
of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended), or for any
surplus removal activities or price support activities under section 5
of the Commodity
[[Page 128 STAT. 37]]
Credit Corporation Charter Act: Provided further, That of the available
unobligated balances under (b)(2)(A)(vi) of section 14222 of Public Law
110-246, $189,000,000 are hereby rescinded.
Sec. 720. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2015 appropriations Act.
Sec. 721. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as authorized by the
Economy Act, or in the case of the Department of Agriculture, through
use of the authority provided by section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance of
the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of $500,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
[[Page 128 STAT. 38]]
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of the reprogramming or transfer of such
funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not carried out
during the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 722. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 723. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available to any non-Department of Agriculture, non-Department of Health
and Human Services, non-Commodity Futures Trading Commission, or non-
Farm Credit Administration employee questions or responses to questions
that are a result of information requested for the appropriations
hearing process.
Sec. 724. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency to
produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 725. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
30 days unless the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
Sec. 726. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section
[[Page 128 STAT. 39]]
1201 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
Sec. 727. Of the unobligated balances in the Natural Resources
Conservation Service, Resource Conservation and Development Account,
$2,017,000 are hereby permanently cancelled: Provided, That no amounts
may be cancelled from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Sec. 728. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 729. There is hereby appropriated $600,000 for the purposes of
section 727 of division A of Public Law 112-55.
Sec. 730. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food and
Drug Administration, and the Chairman of the Farm Credit Administration
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan by program,
project, and activity for the funds made available under this Act.
Sec. 731. Of the unobligated balances available to the Department
of Agriculture under the account ``Agriculture Buildings and Facilities
and Rental Payments'', $30,000,000 are rescinded: Provided, That no
amount may be rescinded from funds made available for payments to the
General Services Administration for rent and funds made available for
payments to the Department of Homeland Security for building security
activities.
Sec. 732. Funds made available under title II of the Food for Peace
Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to
recipient nations if adequate monitoring and controls, as determined by
the Administrator of the U.S. Agency for International Development, are
in place to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not diverted for
unauthorized or inappropriate purposes.
Sec. 733. Of the unobligated balance of funds available to the
Department of Agriculture for the cost of section 502 single family
housing guaranteed loans for fiscal years 2007 through 2010 under the
heading ``Rural Development Programs--Rural Housing Service--Rural
Housing Insurance Fund Program Account'' in prior appropriations Acts,
$1,314,000 is rescinded.
Sec. 734. Of the unobligated balances provided pursuant to section
9005(g)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8105(g)(1)), $8,000,000 are hereby rescinded.
Sec. 735. The Secretary shall expand the pilot program currently in
effect for packaging section 502 single family direct loans and not
later than 90 days after enactment of this Act enter into Memorandums of
Understanding with not less than 5 qualified intermediary organizations
to work in coordination with the Secretary to increase the effectiveness
of the section 502 single family direct loan program in States and
communities currently not served under the existing pilot program.
Sec. 736. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out section 307(b) of division C of the
Omnibus Consolidated and Emergency Supplemental
[[Page 128 STAT. 40]]
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-640) in
excess of $4,000,000.
Sec. 737. None of the funds made available by this Act may be used
to reclassify any area eligible for rural housing programs of the Rural
Housing Service on September 30, 2013 as not eligible for such programs.
Sec. 738. Funds received by the Secretary of Agriculture in the
global settlement of any Federal litigation concerning Federal mortgage
loans during fiscal year 2012 may be obligated and expended, in addition
to any other available funds, by the Rural Housing Service to pay for
costs associated with servicing single family housing loans guaranteed
by the Rural Housing Service and such funds shall remain available until
expended.
Sec. 739. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 740. (a) Designation.--The Federal building located at 64
Nowelo Street, Hilo, Hawaii, shall be known and designated as the
``Daniel K. Inouye United States Pacific Basin Agricultural Research
Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Daniel K. Inouye United States Pacific Basin Agricultural Research
Center''.
Sec. 741. Of the unobligated balances provided pursuant to section
9003(h)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8103(h)(1)), $40,694,000 are hereby rescinded.
Sec. 742. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 743. (a)(1) There is hereby appropriated $1,000,000 to conduct
an assessment of the existing (as of the date of the enactment of this
Act) and prospective scope of domestic hunger and food insecurity in
accordance with this section.
(2) The Secretary of Agriculture shall select, through a competitive
process, and enter into an agreement with an independent, private-sector
entity that is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code, that has recognized credentials and expertise in domestic
hunger affairs to--
(A) conduct the assessment required under subsection (a);
and
(B) provide technical expertise to the National Commission
on Hunger established under subsection (b).
(3) Not later than 180 days after the date of the enactment of this
Act, the entity selected in accordance with paragraph (2) shall submit
to the President and Congress and make publicly available a report
containing the assessment required under this
[[Page 128 STAT. 41]]
subsection and any policy recommendations that such entity considers
appropriate.
(b)(1) There is established a commission to be known as the
``National Commission on Hunger'' (in this section referred to as the
``Commission'').
(2) The Commission shall--
(A) provide policy recommendations to Congress and the
Secretary to more effectively use existing (as of the date of
the enactment of this Act) programs and funds of the Department
of Agriculture to combat domestic hunger and food insecurity;
and
(B) develop innovative recommendations to encourage public-
private partnerships, faith-based sector engagement, and
community initiatives to reduce the need for government
nutrition assistance programs, while protecting the safety net
for the most vulnerable members of society.
(3) The Commission shall be composed of 10 members, of whom--
(A) 3 members shall be appointed by the Speaker of the House
of Representatives;
(B) 2 members shall be appointed by the minority leader of
the House of Representatives;
(C) 3 members shall be appointed by the majority leader of
the Senate; and
(D) 2 members shall be appointed by the minority leader of
the Senate.
Sec. 744. None of the funds made available by this or any other Act
may be used to write, prepare, or publish a final rule or an interim
final rule in furtherance of, or otherwise to implement,
``Implementation of Regulations Required Under Title XI, of the Food,
Conservation and Energy Act of 2008; Conduct in Violation of the Act''
(75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to
the economy of such rules does not exceed $100,000,000: Provided, That
none of the funds made available by this or any other Act may be used to
publish a final or interim final rule in furtherance of, or to otherwise
implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c),
201.210, 201.211, 201.213, or 201.214 of ``Implementation of Regulations
Required Under Title XI of the Food, Conservation and Energy Act of
2008; Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 22,
2010)).
Sec. 745. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 746. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones an amount of funds made available in title III
under the headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants,
Rural Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal
[[Page 128 STAT. 42]]
Program Account equal to the amount obligated for REAP Zones by the
Secretary with respect to funds provided under such headings in the most
recent fiscal year any such funds were obligated under such headings for
REAP Zones and such set-asides shall remain in effect until August 15,
2014.
Sec. 747. Fees deposited under the heading ``Department of Health
and Human Services--Food and Drug Administration--Salaries and
Expenses'' in fiscal year 2013 and sequestered pursuant to section 251A
of the Balanced Budget and Emergency Deficit Control Act, as amended (2
U.S.C. 901a) shall be available until expended for the same purpose for
which those funds were originally appropriated.
Sec. 748. For an additional amount for ``Animal and Plant Health
Inspection Service, Salaries and Expenses'', $20,000,000, to remain
available until September 30, 2015, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 749. None of the credit card refunds or rebates transferred to
the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall be
available for obligation only for the acquisition of plant and capital
equipment necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture.
Sec. 750. (a) Section 1240B(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(a)) is amended by striking ``2014'' and inserting
``2015''.
(b) Section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``(6), and (7)),'' and inserting ``and (7) and each of fiscal
years 2014 and 2015 in the case of the program specified in
paragraph (6)),''; and
(2) in paragraph (6)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $1,622,000,000 in fiscal year 2015.''.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2014''.
[[Page 128 STAT. 43]]
DIVISION B-- <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2014.>> COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I <<NOTE: Department of Commerce Appropriations Act, 2014.>>
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $470,000,000, to
remain available until September 30, 2015, of which $9,439,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and countervailing duty
enforcement and compliance activities: Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title
[[Page 128 STAT. 44]]
28, United States Code, when such claims arise in foreign countries; not
to exceed $13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $101,450,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, for the cost of loan guarantees authorized by section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721),
and for grants, and for the cost of loan guarantees and grants
authorized by section 27 (15 U.S.C. 3722) of such Act, $209,500,000, to
remain available until expended; of which $5,000,000 shall be for
projects to facilitate the relocation, to the United States, of a source
of employment located outside the United States; of which $5,000,000
shall be for loan guarantees under such section 26; and of which
$10,000,000 shall be for loan guarantees and grants under such section
27: Provided, That the costs for loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
for loan guarantees under such sections 26 and 27 are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $70,000,000: Provided further, That, notwithstanding
paragraph (7) of section 27(d) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722(d)(7)), amounts made available in
prior appropriations Acts for guaranteeing loans for science park
infrastructure under such section shall be available to the Secretary of
Commerce to guarantee such loans after September 30, 2013.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $37,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 128 STAT. 45]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$99,000,000, to remain available until September 30, 2015.
Bureau of the Census
salaries and expenses
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $252,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $693,000,000, to remain available until September
30, 2015: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $1,000,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $46,000,000,
to remain available until September 30, 2015: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
[[Page 128 STAT. 46]]
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,024,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2014, so as to result in a fiscal year 2014
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2014, should the total amount of such offsetting
collections be less than $3,024,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$3,024,000,000 in fiscal year 2014 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until expended:
Provided further, That the Director of USPTO shall submit a spending
plan to the Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding proviso
and such spending plan shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent and
Trademark Office Salaries and Expenses account: Provided further, That
from amounts provided herein, not to exceed $900 shall be made available
in fiscal year 2014 for official reception and representation expenses:
Provided further, That in fiscal year 2014 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) as provided by the Office of Personnel
Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the
present value of the otherwise unfunded accruing costs, as determined by
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are
enrolled in Federal Employees Health Benefits (FEHB) and Federal
Employees Group Life Insurance (FEGLI), shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the
FEHB Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value
[[Page 128 STAT. 47]]
factors published in OPM's yearly 300 series benefit letters and the
factors that OPM provides for USPTO's specific use shall be recognized
as an imputed cost on USPTO's financial statements, where applicable:
Provided further, That, notwithstanding any other provision of law, all
fees and surcharges assessed and collected by USPTO are available for
USPTO only pursuant to section 42(c) of title 35, United States Code, as
amended by section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology (NIST), $651,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$143,000,000, to remain available until expended, of which $128,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,000,000 shall be for the Advanced Manufacturing Technology
Consortia.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by sections 13 through 15 of the
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $56,000,000, to remain available until expended: Provided,
That <<NOTE: 15 USC 1513b note.>> the Secretary of Commerce shall
include in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
[[Page 128 STAT. 48]]
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $3,157,392,000, to remain available until September 30,
2015, except that funds provided for cooperative enforcement shall
remain available until September 30, 2016: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding section
3302 of title 31, United States Code: Provided further, That in
addition, $115,000,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program, Cooperative Research,
Annual Stock Assessments, Survey and Monitoring Projects,
Interjurisdictional Fisheries Grants, and Fish Information Networks:
Provided further, That of the $3,287,392,000 provided for in direct
obligations under this heading $3,157,392,000 is appropriated from the
general fund, $115,000,000 is provided by transfer, and $15,000,000 is
derived from recoveries of prior year obligations: Provided further,
That the total amount available for National Oceanic and Atmospheric
Administration corporate services administrative support costs shall not
exceed $217,300,000: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $2,022,864,000, to remain available until
September 30, 2016, except that funds provided for construction of
facilities shall remain available until expended: Provided, That of the
$2,029,864,000 provided for in direct obligations under this heading,
$2,022,864,000 is appropriated from the general fund and $7,000,000 is
provided from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under
[[Page 128 STAT. 49]]
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this <<NOTE: 15 USC 1513a note.>> Act:
Provided further, That the Secretary of Commerce shall include in budget
justification materials that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United States
Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That, within the amounts appropriated, $1,000,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2015: Provided, That, of the funds provided herein, the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and to the Federally recognized tribes
of the Columbia River and Pacific Coast (including Alaska), for projects
necessary for conservation of salmon and steelhead populations that are
listed as threatened or endangered, or that are identified by a State as
at-risk to be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native subsistence fishing,
or for conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of Commerce:
Provided further, That all funds shall be allocated based on scientific
and other merit principles and shall not be available for marketing
activities: Provided further, That funds disbursed to States shall be
subject to a matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses associated with the mitigation of fishery
disasters, $75,000,000, to remain available until expended: Provided,
That funds shall be used for mitigating the effects of commercial
fishery failures and fishery resource disasters as declared by the
Secretary of Commerce.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95 09372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2014, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
[[Page 128 STAT. 50]]
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, <<NOTE: 15 USC
1543.>> $55,500,000: Provided, That the Secretary of Commerce shall
maintain a task force on job repatriation and manufacturing growth and
shall produce an annual report on related incentive strategies,
implementation plans and program results.
renovation and modernization
For necessary expenses for the renovation and modernization of
Department of Commerce facilities, $4,000,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $30,000,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
[[Page 128 STAT. 51]]
Sec. 104. The <<NOTE: 33 USC 878a note.>> requirements set forth by
section 105 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by section 105
of title I of division B of Public Law 113-6, are hereby adopted by
reference and made applicable with respect to fiscal year 2014.
Sec. 105. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with
reimbursement and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession, or of
any political subdivision thereof, or of any foreign government or
international organization, for purposes related to carrying out the
responsibilities of any statute administered by the National Oceanic and
Atmospheric Administration.
Sec. 108. The Department of Commerce shall provide a monthly report
to the Committees on Appropriations of the House of Representatives and
the Senate on any official travel to China by any employee of the U.S.
Department of Commerce, including the purpose of such travel.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2014''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2014.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
[[Page 128 STAT. 52]]
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$25,842,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information technology,
for enterprise-wide information technology initiatives: Provided
further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $315,000,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$86,400,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That $1,000,000
shall be used to commission an independent review of the management and
policies of the Civil Rights Division.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,600,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $867,000,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $9,000
shall be available to INTERPOL Washington for official reception and
representation expenses: Provided further, That notwithstanding section
205 of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer such
amounts to ``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such circumstances:
[[Page 128 STAT. 53]]
Provided further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That of the amount appropriated, such sums as may be necessary
shall be available to reimburse the Office of Personnel Management for
salaries and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f):
Provided further, That of the amounts provided under this heading for
the election monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $160,400,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $103,000,000 in fiscal year 2014), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2014, so as to result in a
final fiscal year 2014 appropriation from the general fund estimated at
$57,400,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,944,000,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
United States Attorney-led task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $224,400,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $224,400,000 of offsetting collections pursuant to section
589a(b) of title 28, United States Code, shall be retained and used for
necessary expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal
[[Page 128 STAT. 54]]
year 2014, so as to result in a final fiscal year 2014 appropriation
from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,100,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$16,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $11,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,000,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,500,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,185,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
[[Page 128 STAT. 55]]
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$9,800,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,533,000,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $91,800,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$514,000,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
[[Page 128 STAT. 56]]
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,245,802,000, of which not to exceed $216,900,000 shall remain
available until expended, and of which $13,500,000 is for costs related
to the outfitting, activation, and operation of facilities supporting
the examination, exploitation, and storage of improvised explosive
devices and explosive materials, including personnel relocation costs:
Provided, That not to exceed $184,500 shall be available for official
reception and representation expenses: Provided further, That up to
$1,000,000 shall be for a comprehensive review of the implementation of
the recommendations related to the Federal Bureau of Investigation that
were proposed in the report issued by the National Commission on
Terrorist Attacks Upon the United States.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
Federally-owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $97,482,000, to remain available until
expended, of which $16,500,000 is for costs related to the construction,
outfitting, activation, and operation of facilities supporting the
examination, exploitation, and storage of improvised explosive devices
and explosive materials.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs, $2,018,000,000; of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire accelerants
detection; and for provision of laboratory
[[Page 128 STAT. 57]]
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,179,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,769,000,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2015: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
[[Page 128 STAT. 58]]
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$90,000,000, to remain available until expended, of which not less than
$67,148,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women
[[Page 128 STAT. 59]]
and Department of Justice Reauthorization Act of 2005 (Public Law 109-
162) (``the 2005 Act''); and the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4) (``the 2013 Act''); and for related
victims services, $417,000,000, to remain available until expended:
Provided, That except as otherwise provided by law, not to exceed 5
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $193,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $24,750,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking or sexual assault as authorized by section 40299 of the
1994 Act;
(3) $3,250,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303 and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of the
1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
program;
(5) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $27,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $36,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $37,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(11) $15,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
[[Page 128 STAT. 60]]
of the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $5,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs; and
(15) $500,000 is for the Office on Violence Against Women to
establish a national clearinghouse that provides training and
technical assistance on issues relating to sexual assault of
American Indian and Alaska Native women.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); and other programs, $120,000,000, to remain
available until expended, of which--
(1) $45,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act;
(2) $40,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act;
(3) $1,000,000 is for an evaluation clearinghouse program;
(4) $30,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act;
and
(5) $4,000,000 is for activities to strengthen and enhance
the practice of forensic sciences, of which $1,000,000 is for
the support of a Forensic Science Advisory Committee to be
chaired by the Attorney General and the Director of the National
Institute of Standards and Technology, and $3,000,000
[[Page 128 STAT. 61]]
is for transfer to the National Institute of Standards and
Technology to support scientific working groups.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); and
other programs, $1,171,500,000, to remain available until expended as
follows--
(1) $376,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1, $1,000,000 is for a
program to improve State and local law enforcement intelligence
capabilities including antiterrorism training and training to
ensure that constitutional rights, civil liberties, civil
rights, and privacy interests are protected throughout the
intelligence process, $1,000,000 is for a State, local, and
tribal assistance help desk and diagnostic center program,
$15,000,000 is for a Preventing Violence Against Law Enforcement
Officer Resilience and Survivability Initiative (VALOR),
$4,000,000 is for use by the National Institute of Justice for
research targeted toward developing a better understanding of
the domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention,
$2,500,000 is for objective, nonpartisan voter education about,
and a plebiscite on, options that would resolve Puerto Rico's
future political status, which shall be provided to the State
Elections Commission of Puerto Rico, $5,000,000 is for an
initiative to support evidence-based policing, and $2,500,000 is
for an initiative to enhance prosecutorial decision-making;
(2) $180,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
[[Page 128 STAT. 62]]
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $13,500,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(4) $14,250,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, and for programs authorized under Public Law 109-164;
(5) $40,500,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(6) $8,250,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(7) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(8) $2,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(9) $10,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(10) $2,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(11) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(12) $8,000,000 for an initiative relating to children
exposed to violence;
(13) $10,500,000 for an Edward Byrne Memorial criminal
justice innovation program;
(14) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(15) $1,000,000 for the National Sex Offender Public
Website;
(16) $8,500,000 for competitive and evidence-based programs
to reduce gun crime and gang violence;
(17) $58,500,000 for grants to States to upgrade criminal
and mental health records in the National Instant Criminal
Background Check System, of which no less than $12,000,000 shall
be for grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180);
(18) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(19) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized
[[Page 128 STAT. 63]]
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be used
for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(20) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(21) $30,000,000 for assistance to Indian tribes;
(22) $67,750,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $6,000,000 is
for a program to improve State, local, and tribal probation or
parole supervision efforts and strategies, and $2,000,000 is for
Children of Incarcerated Parents Demonstrations to enhance and
maintain parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy:
Provided, That up to $7,500,000 of funds made available in this
paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model;
(23) $4,000,000 for a veterans treatment courts program;
(24) $750,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(25) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(26) $12,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), of which not more than $150,000 of
these funds shall be available for the direct Federal costs of
facilitating an auditing process;
(27) $2,000,000 to operate a National Center for Campus
Public Safety;
(28) $27,500,000 for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, of which not less than $1,000,000 is for a task force
on Federal corrections;
(29) $4,000,000 for additional replication sites employing
the Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, and for a
research project on the effectiveness of the model;
(30) $12,500,000 for the Office of Victims of Crime for
supplemental victims' services and other victim-related programs
and initiatives, including research and statistics, and for
tribal assistance for victims of violence; and
[[Page 128 STAT. 64]]
(31) $75,000,000 for the Comprehensive School Safety
Initiative, described in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That section 213 of this Act shall
not apply with respect to the amount made available in this
paragraph:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); and other juvenile justice
programs, $254,500,000, to remain available until expended as follows--
(1) $55,500,000 for programs authorized by section 221 of
the 1974 Act, of which not more than $10,000,000 may be used for
activities specified in section 1801(b)(2) of part R of title I
of the 1968 Act; and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and tribal juvenile justice residential facilities;
(2) $88,500,000 for youth mentoring grants;
(3) $15,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth
Program;
(B) $2,500,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities;
(C) $2,500,000 shall be for programs and activities
to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training; and
(D) $5,000,000 shall be for competitive grants to
police and juvenile justice authorities in communities
that have been awarded Department of Education School
Climate Transformation Grants to collaborate on use of
evidence-
[[Page 128 STAT. 65]]
based positive behavior strategies to increase school
safety and reduce juvenile arrests;
(4) $19,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $5,500,000 for community-based violence prevention
initiatives, including for public health approaches to reducing
shootings and violence;
(6) $67,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the
1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act);
(7) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(8) $1,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention;
(9) $500,000 for an Internet site providing information and
resources on children of incarcerated parents; and
(10) $1,000,000 for competitive grants focusing on girls in
the juvenile justice system:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (5),
(7) and (8) may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to grants and
projects authorized by sections 261 and 262 of the 1974 Act and to
missing and exploited children programs.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for such disability and education payments,
the Attorney General may transfer such amounts to ``Public Safety
Officer Benefits'' from available appropriations for the Department of
Justice as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and
[[Page 128 STAT. 66]]
the Violence Against Women and Department of Justice Reauthorization Act
of 2005 (Public Law 109-162) (``the 2005 Act''), $214,000,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $10,000,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
(2) $16,500,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-methamphetamine
activities;
(3) $180,000,000 is for grants under section 1701 of title I
of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding subsection (g) of the 1968 Act
(42 U.S.C. 3796dd), the Federal share of the costs of a project
funded by such grants may not exceed 75 percent unless the
Director of the Office of Community Oriented Policing Services
waives, wholly or in part, the requirement of a non-Federal
contribution to the costs of a project: Provided further, That,
notwithstanding section 1704(c) of such title (42 U.S.C. 3796dd-
3(c)), funding for hiring or rehiring a career law enforcement
officer may not exceed $125,000 unless the Director of the
Office of Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within the amounts
appropriated, $16,500,000 shall be transferred to the Tribal
Resources Grant Program: Provided further, That of the amounts
appropriated under this paragraph, $7,500,000 is for community
policing development activities in furtherance of the purposes
in section 1701: Provided further, That within the amounts
appropriated under this paragraph, $5,000,000 is for the
collaborative reform model of technical assistance in
furtherance of the purposes in section 1701; and
(4) $7,500,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
[[Page 128 STAT. 67]]
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. <<NOTE: 5 USC 3104 note.>> The Attorney General is
authorized to extend through September 30, 2014, the Personnel
Management Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002 (Public
Law 107-296; 28 U.S.C. 599B) without limitation on the number of
employees or the positions covered.
Sec. 207. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 208. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, or to rent or
purchase audiovisual or electronic media or equipment used primarily for
recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 209. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information technology program
has appropriate program management controls and contractor oversight
mechanisms in place, and that the program is compatible with the
enterprise architecture of the Department of Justice.
Sec. 210. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
[[Page 128 STAT. 68]]
Sec. 211. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 212. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used
by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to be
used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 214. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2011 through 2014 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and
(2)), the requirements under section 2978(e)(1) and (2) of such
part.
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968 (42
U.S.C. 3797q-3), the requirements under section 2904 of such
part.
(4) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act of
2003 (42 U.S.C. 15605(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
[[Page 128 STAT. 69]]
and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to
amounts made available by this or any other Act.
Sec. 216. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects that
the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 217. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2014.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2014, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2014, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in fiscal
year 2014, $154,700,000 shall be for payments associated with joint law
enforcement operations as authorized by section 524(c)(1)(I) of title
28, United States Code.
(e) The Attorney General shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 30 days after the date of enactment of this Act
detailing the planned distribution of Assets Forfeiture Fund joint law
enforcement operations funding during fiscal year 2014.
(f) Subsections (a) through (d) of this section shall sunset on
September 30, 2014.
This title may be cited as the ``Department of Justice
Appropriations Act, 2014''.
TITLE III <<NOTE: Science Appropriations Act, 2014.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,555,000.
[[Page 128 STAT. 70]]
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,151,200,000, to remain available until
September 30, 2015: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall not exceed
$8,000,000,000: Provided further, That should the individual identified
under subsection (c)(2)(E) of section 30104 of title 51, United States
Code, as responsible for the James Webb Space Telescope determine that
the development cost of the program is likely to exceed that limitation,
the individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent threshold
described in subsection (f) of section 30104: Provided further, That
$80,000,000 shall be for pre-formulation and/or formulation activities
for a mission that meets the science goals outlined for the Jupiter
Europa mission in the most recent planetary science decadal survey.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $566,000,000, to remain available until
September 30, 2015.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space research and technology development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $576,000,000, to remain available until
September 30, 2015.
[[Page 128 STAT. 71]]
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,113,200,000, to remain available until
September 30, 2015: Provided, That not less than $1,197,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $1,918,200,000 shall be for the Space Launch System, which
shall have a lift capability not less than 130 metric tons and which
shall have an upper stage and other core elements developed
simultaneously: Provided further, That of the funds made available for
the Space Launch System, $1,600,000,000 shall be for launch vehicle
development and $318,200,000 shall be for exploration ground systems:
Provided further, That funds made available for the Orion Multi-Purpose
Crew Vehicle and Space Launch System are in addition to funds provided
for these programs under the ``Construction and Environmental Compliance
and Restoration'' heading: Provided further, That $696,000,000 shall be
for commercial spaceflight activities, of which $171,000,000 shall be
made available after the Administrator of the National Aeronautics and
Space Administration has certified that the commercial crew program has
undergone an independent benefit-cost analysis that takes into
consideration the total Federal investment in the commercial crew
program and the expected operational life of the International Space
Station as described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided
further, That $302,000,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities, including
operations, production, and services; maintenance and repair, facility
planning and design; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$3,778,000,000, to remain available until September 30, 2015.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs,
[[Page 128 STAT. 72]]
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$116,600,000, to remain available until September 30, 2015, of which
$18,000,000 shall be for the Experimental Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College program.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $63,000 for
official reception and representation expenses; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $2,793,000,000, to remain available until September 30, 2015:
Provided, That not less than $39,100,000 shall be available for
independent verification and validation activities.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $515,000,000, to remain available until
September 30, 2019: <<NOTE: 51 USC 20145 note.>> Provided, That
proceeds from leases deposited into this account shall be available for
a period of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds referred to
in the preceding proviso shall be available for obligation for fiscal
year 2014 in an amount not to exceed $9,584,100: <<NOTE: 51 USC 30103
note.>> Provided further, That each annual budget request shall include
an annual estimate of gross receipts and collections and proposed use of
all funds collected pursuant to section 315 of the National Aeronautics
and Space Act of 1958 (51 U.S.C. 20145).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,500,000, of which
$500,000 shall remain available until September 30, 2015.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
[[Page 128 STAT. 73]]
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,808,918,000, to remain available
until September 30, 2015, of which not to exceed $520,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation: Provided further,
That not less than $158,190,000 shall be available for activities
authorized by section 7002(c)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $200,000,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $846,500,000, to
[[Page 128 STAT. 74]]
remain available until September 30, 2015: Provided, That not less than
$60,890,000 shall be available until expended for activities authorized
by section 7030 of Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $298,000,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2014 for
maintenance and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,300,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $14,200,000, of which
$400,000 shall remain available until September 30, 2015.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 15 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act,
2014''.
[[Page 128 STAT. 75]]
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,000,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That the <<NOTE: 5 USC app.
8G note.>> Inspector General for the Commission on Civil Rights (CCR
IG), as provided in Public Law 113-6, is authorized to close out all
work related to pending or closed investigations, to complete pending
investigations, and to terminate all activities related to the duties,
responsibilities and authorities of the CCR IG: Provided further, That
when the CCR IG concludes that all pending investigations have been
completed, all work related to pending or closed investigations has been
closed out, and all activities related to the duties, responsibilities
and authorities of the CCR IG have ended, the CCR IG shall certify that
conclusion to the Committees on Appropriations of the House of
Representatives and the Senate, and the Office of the CCR IG shall then
be terminated: Provided further, That of the amounts made available in
this paragraph, $70,000 shall be transferred directly to the Office of
Inspector General of the Government Accountability Office upon enactment
of this Act for salaries and expenses necessary to carry out the
completion of pending investigations and the closing and termination of
work and activities relating to the duties, responsibilities and
authorities of the CCR IG.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
[[Page 128 STAT. 76]]
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $364,000,000: Provided, That the
Commission is authorized to make available for official reception and
representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until such
time as the Committees on Appropriations of the House of Representatives
and the Senate have been notified of such proposals, in accordance with
the reprogramming requirements of section 505 of this Act: Provided
further, That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $83,000,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $365,000,000, of
which $335,700,000 is for basic field programs and required independent
audits; $4,350,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $18,000,000 is for management and grants oversight;
$3,450,000 is for client self-help and information technology;
$2,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan
repayment assistance: Provided, That the Legal Services Corporation may
continue to provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States
Code, notwithstanding section 1005(d) of the Legal Services Corporation
Act (42 U.S.C. 2996(d)): Provided further, That the authorities
provided in section 205 of this Act shall be applicable to the Legal
Services Corporation: Provided further, That, for the purposes of
section 505 of this Act, the Legal Services Corporation shall be
considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2013 and 2014, respectively.
[[Page 128 STAT. 77]]
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,250,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $52,601,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $124,000
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et seq.) $4,900,000, of which $500,000 shall remain available
until September 30, 2015: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
[[Page 128 STAT. 78]]
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2014,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates or initiates a new program,
project or activity; (2) eliminates a program, project or activity; (3)
increases funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments existing
programs, projects or activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent; or (8)
results from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs, projects
or activities as approved by Congress; unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds by agencies (excluding agencies of the Department
of Justice) funded by this Act and 45 days in advance of such
reprogramming of funds by agencies of the Department of Justice funded
by this Act.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term in
OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the status
of balances of appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the quarterly
reports shall separately identify the amounts attributable to each
source year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly reports shall
separately identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of the first quarter of fiscal year 2014, and
subsequent reports shall be submitted within 30 days of the end of each
quarter thereafter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a
[[Page 128 STAT. 79]]
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under such
accounting system and shall identify and describe in each quarterly
report the extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section shall also
apply to actions taken for the care and protection of loan collateral or
grant property.
Sec. 509. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 <<NOTE: 42 USC 10601
note.>> (42 U.S.C. 10601) in any fiscal year in excess of $745,000,000
shall not be available for obligation until the following fiscal year.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for
which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are appropriated
by this Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a description of
areas of particular interest, within 180 days after initiating such an
audit and every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as appropriate,
shall make the results of the audit available to the public on the
Internet website maintained by the Department,
[[Page 128 STAT. 80]]
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in any
other manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation
or other appropriate Federal entity, conducted an assessment of
any risk of cyber-espionage or sabotage associated with the
acquisition of such system, including any risk associated with
such system being produced, manufactured, or assembled by one or
more entities identified by the United States Government as
posing a cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's Republic
of China.
(b) None of the funds appropriated or otherwise made available under
this Act may be used to acquire a high-impact or moderate-
[[Page 128 STAT. 81]]
impact information system reviewed and assessed under subsection (a)
unless the head of the assessing entity described in subsection (a)
has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 516. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 517. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States in
connection with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of subsection
(b) of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first in
the Federal Register, that the Government of Canada has implemented or
maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion
[[Page 128 STAT. 82]]
of such articles has and continues to take place for use in
international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny any
application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to import
United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 519. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 520. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of any
of the following laws authorizing the Federal Bureau of Investigation to
issue national security letters: The Right to Financial Privacy Act; The
Electronic Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the laws amended
by these Acts.
Sec. 521. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased by
10 percent, the program manager shall immediately inform the respective
Secretary, Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations
within 30 days in writing of such increase, and shall include in such
notice: the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed to be
taken to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such changes
have contributed to the increase in total program costs or procurement
costs; new estimates of the total project or procurement costs; and a
statement validating that the project's management structure is adequate
to control total project or procurement costs.
Sec. 522. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of the Intelligence
Authorization Act for fiscal year 2014.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess
[[Page 128 STAT. 83]]
of such amount unless the prospective contractor or grantee certifies in
writing to the agency awarding the contract or grant that, to the best
of its knowledge and belief, the contractor or grantee has filed all
Federal tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances available for ``Department
of Commerce, National Telecommunications and Information Administration,
Public Telecommunications Facilities, Planning and Construction'',
$8,500,000 is hereby rescinded.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2014, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $30,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$83,600,000;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,200,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $59,000,000; and
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $26,000,000.
(c) The Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
no later than September 1, 2014, specifying the amount of each
rescission made pursuant to subsection (b).
Sec. 525. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 526. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States unless such conference is a law enforcement
training or operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
[[Page 128 STAT. 84]]
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 528. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 529. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 530. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program'' designation.
Sec. 531. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
[[Page 128 STAT. 85]]
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 532. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or the
Office of Science and Technology Policy (OSTP) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP has certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
Sec. 533. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act on,
an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Sec. 534. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 535. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation shall submit spending plans, signed by the
[[Page 128 STAT. 86]]
respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate within 30
days after the date of enactment of this Act.
Sec. 536. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 537. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2014''.
DIVISION <<NOTE: Department of Defense Appropriations Act, 2014.>> C--
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,787,967,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as
[[Page 128 STAT. 87]]
amended (42 U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $27,231,512,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,766,099,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,519,993,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,377,563,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,843,966,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve
[[Page 128 STAT. 88]]
on active duty under section 10211 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for members
of the Marine Corps platoon leaders class, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $655,109,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,723,159,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,776,498,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,114,421,000.
[[Page 128 STAT. 89]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $30,768,069,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $15,055,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$36,311,160,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,397,605,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $33,248,618,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$31,450,068,000: Provided, That not more than $25,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $36,262,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
[[Page 128 STAT. 90]]
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $8,721,000, to
remain available until expended, is available only for expenses relating
to certain classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,940,936,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,158,382,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $255,317,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,062,207,000.
[[Page 128 STAT. 91]]
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,857,530,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,392,304,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,606,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $298,815,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this
[[Page 128 STAT. 92]]
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $316,103,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $439,820,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,757,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available
[[Page 128 STAT. 93]]
for the same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,443,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $109,500,000, to remain available until
September 30, 2015.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with
appropriate authorization by the Department of Defense and Department of
State, to countries outside of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $500,455,000, to
remain available until September 30, 2016.
[[Page 128 STAT. 94]]
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $51,031,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $4,844,891,000, to remain available for obligation until
September 30, 2016.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,549,491,000, to remain available for obligation until
September 30, 2016.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $1,610,811,000, to
remain available for obligation until September 30, 2016.
[[Page 128 STAT. 95]]
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,444,067,000, to remain available for obligation until
September 30, 2016.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,936,908,000, to
remain available for obligation until September 30, 2016.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$16,442,794,000, to remain available for obligation until September 30,
2016.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway,
[[Page 128 STAT. 96]]
$3,009,157,000, to remain available for obligation until September 30,
2016.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $549,316,000, to remain available for obligation until
September 30, 2016.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program, $917,553,000;
Virginia Class Submarine, $3,880,704,000;
Virginia Class Submarine (AP), $2,354,612,000;
CVN Refueling Overhaul, $1,609,324,000;
CVN Refueling Overhauls (AP), $245,793,000;
DDG-1000 Program, $231,694,000;
DDG-51 Destroyer, $1,615,564,000;
DDG-51 Destroyer (AP), $369,551,000;
Littoral Combat Ship, $1,793,014,000;
Afloat Forward Staging Base, $579,300,000;
Joint High Speed Vessel, $2,732,000;
Moored Training Ship, $207,300,000;
LCAC Service Life Extension Program, $80,987,000;
Outfitting, post delivery, conversions, and first
destination transportation, $382,836,000; and
For completion of Prior Year Shipbuilding Programs,
$960,400,000.
In all: $15,231,364,000, to remain available for obligation until
September 30, 2018: Provided, That additional obligations may be
incurred after September 30, 2018, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
[[Page 128 STAT. 97]]
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,572,618,000, to remain available for obligation
until September 30, 2016.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,240,958,000, to remain available for obligation until
September 30, 2016.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $10,379,180,000, to remain available for
obligation until September 30, 2016.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and
[[Page 128 STAT. 98]]
transportation of things, $4,446,763,000, to remain available for
obligation until September 30, 2016.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $729,677,000, to remain available for obligation until
September 30, 2016.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $16,572,754,000, to remain available for
obligation until September 30, 2016.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$4,240,416,000, to remain available for obligation until September 30,
2016.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $60,135,000, to remain available until
expended.
[[Page 128 STAT. 99]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $7,126,318,000, to
remain available for obligation until September 30, 2015.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,949,919,000, to
remain available for obligation until September 30, 2015: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $23,585,292,000, to
remain available for obligation until September 30, 2015.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $17,086,412,000, to remain
available for obligation until September 30, 2015: Provided, That of
the funds made available in this paragraph, $175,000,000 for the Defense
Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include proof of
concept demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That the
Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details
[[Page 128 STAT. 100]]
of any such transfer: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $246,800,000, to remain available for obligation until
September 30, 2015.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,649,214,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $597,213,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any of
the following major components unless such components are manufactured
in the United States: auxiliary equipment, including pumps, for all
shipboard services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option in a contract
awarded through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
[[Page 128 STAT. 101]]
law, $32,699,158,000; of which $30,704,995,000 shall be for operation
and maintenance, of which not to exceed one percent shall remain
available for obligation until September 30, 2015, and of which up to
$15,317,316,000 may be available for contracts entered into under the
TRICARE program; of which $441,764,000, to remain available for
obligation until September 30, 2016, shall be for procurement; and of
which $1,552,399,000, to remain available for obligation until September
30, 2015, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any other provision of law, of the
amount made available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided under this heading for the Interagency
Program Office (IPO) and for operation and maintenance and research,
development, test and evaluation of the Defense Healthcare Management
Systems Modernization (DHMSM) program, not more than 25 percent may be
obligated until the Secretary of Defense submits to the Committees on
Appropriations of the House of Representatives and the Senate, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost for full operating capability and the total life cycle cost of
the project; (2) identifies the deployment timeline, including
benchmarks, for full operating capability; (3) describes how the
forthcoming request for proposals for DHMSM will require adherence to
data standardization as defined by the IPO; (4) has been submitted to
the Government Accountability Office for review; and (5) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,004,123,000, of which $398,572,000 shall
be for operation and maintenance, of which no less than $51,217,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,489,000 for activities on military installations and
$29,728,000, to remain available until September 30, 2015, to assist
State and local governments; $1,368,000 shall be for procurement, to
remain available until September 30, 2016, of which $1,368,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $604,183,000, to remain available until
September 30, 2015, shall be for research, development, test and
evaluation, of which $584,238,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
[[Page 128 STAT. 102]]
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,015,885,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $316,000,000, of which $315,000,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2016, shall be for procurement: Provided, That the Office of the
Inspector General, in coordination with the Department of Veterans
Affairs' Office of the Inspector General, shall examine the process and
procedures currently in place in the transmission of service treatment
and personnel records from the Department of Defense to the Department
of Veterans Affairs.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $528,229,000.
[[Page 128 STAT. 103]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$5,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided further, That
the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the
[[Page 128 STAT. 104]]
item for which reprogramming is requested has been denied by the
Congress: Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be made prior to
June 30, 2014: Provided further, That transfers among military
personnel appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2014: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such
[[Page 128 STAT. 105]]
amounts as may be determined by the Secretary of Defense, with the
approval of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has notified
the Congress of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30 calendar
days in advance to the congressional defense committees.
Sec. 8010. None <<NOTE: 10 USC 2306b note.>> of the funds provided
in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of
$20,000,000 in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a contract for
advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any one
year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of the
Government's liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds provided in this
Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
[[Page 128 STAT. 106]]
E-2D Advanced Hawkeye, SSN 774 Virginia class submarine, KC-
130J, C-130J, HC-130J, MC-130J, AC-130J aircraft, and
government-furnished equipment.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code,
and these obligations shall be reported as required by section 401(d) of
title 10, United States Code: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2014, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2015 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2015 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2015.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies only to
active components of the Army.
[[Page 128 STAT. 107]]
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. 8019. In addition to the funds provided elsewhere in this Act,
$15,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned
and controlled by an individual or individuals defined under section
4221(9) of title 25,
[[Page 128 STAT. 108]]
United States Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or
subcontract amount is over $500,000 and involves the expenditure of
funds appropriated by an Act making appropriations for the Department of
Defense with respect to any fiscal year: Provided further, That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed $350,000,000
for purposes specified in section 2350j(c) of title 10, United States
Code, in anticipation of receipt of contributions, only from the
Government of Kuwait, under that section: Provided, That upon receipt,
such contributions from the Government of Kuwait shall be credited to
the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $39,532,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $10,200,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel
[[Page 128 STAT. 109]]
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2014 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2014, not more than 5,750
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,125 staff years may be funded for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2015 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year and the associated budget
estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$40,000,000.
Sec. 8024. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy, or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For <<NOTE: 10 USC 2731 note.>> the purposes of this
Act, the term ``congressional defense committees'' means the Armed
Services Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive
[[Page 128 STAT. 110]]
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this section.
Sec. 8027. (a)(1) <<NOTE: 41 USC 8304 note.>> If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2014. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to any
agreement described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of Nevada,
Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington relocatable military housing units located at Grand Forks Air
Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are excess to
the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under
[[Page 128 STAT. 111]]
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2015 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2015 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2015 procurement appropriation and not in the supply
management business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2015: Provided, <<NOTE: 50 USC 3521 note.>> That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2015.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support,
[[Page 128 STAT. 112]]
the gathering of information, documenting of environmental damage, and
developing a system for prioritization of mitigation and cost to
complete estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means chapter 83 of title
41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the
[[Page 128 STAT. 113]]
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8038. None of the funds appropriated in this Act may be
obligated or expended by the Secretary of a military department in
contravention of the provisions of section 352 of the National Defense
Authorization Act for Fiscal Year 2014 to adopt any new camouflage
pattern design or uniform fabric for any combat or camouflage utility
uniform or family of uniforms for use by an Armed Force.
Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461
[[Page 128 STAT. 114]]
of title 10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``National Defense Sealift Fund'', 2011/XXXX, $10,000,000;
``Other Procurement, Army'', 2012/2014, $40,000,000;
``Aircraft Procurement, Navy'', 2012/2014, $10,000,000;
``Weapons Procurement, Navy'', 2012/2014, $33,300,000;
``Other Procurement, Navy'', 2012/2014, $266,486,000;
``Aircraft Procurement, Air Force'', 2012/2014,
$449,735,000;
``Missile Procurement, Air Force'', 2012/2014, $10,000,000;
``National Defense Sealift Fund'', 2012/XXXX, $14,000,000;
``Defense Health Program'', 2012/2014, $144,518,000;
``Cooperative Threat Reduction Account'', 2013/2015,
$37,500,000;
``Other Procurement, Army'', 2013/2015, $45,426,000;
``Aircraft Procurement, Navy'', 2013/2015, $112,000,000;
``Weapons Procurement, Navy'', 2013/2015, $5,000,000;
``Other Procurement, Navy'', 2013/2015, $7,979,000;
``Procurement, Marine Corps'', 2013/2015, $12,650,000;
``Aircraft Procurement, Air Force'', 2013/2015,
$239,090,000;
``Missile Procurement, Air Force'', 2013/2015, $55,000,000;
``Other Procurement, Air Force'', 2013/2015, $44,900,000;
``Procurement, Defense-Wide'', 2013/2015, $104,043,000;
[[Page 128 STAT. 115]]
``Research, Development, Test and Evaluation, Army'', 2013/
2014, $46,100,000;
``Research, Development, Test and Evaluation, Navy'', 2013/
2014, $59,257,000;
``Research, Development, Test and Evaluation, Air Force'',
2013/2014, $38,646,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2013/2014, $15,000,000;
``Defense Health Program'', 2013/2014, $998,000; and
``Defense Health Program'', 2013/2015, $104,461,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of Korea unless specifically appropriated
for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-based
budgeting.
Sec. 8045. (a) <<NOTE: 10 USC 374 note.>> None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or agency of the United States except as specifically
provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-
[[Page 128 STAT. 116]]
case basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of ``commercial
items'', as defined by section 4(12) of the Office of Federal
Procurement Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States, unless
the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b) unless the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate are notified 15 days in advance of such
transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
[[Page 128 STAT. 117]]
Sec. 8050. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project
[[Page 128 STAT. 118]]
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall be
available for such purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any other Act,
the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8057. (a) In General.--
[[Page 128 STAT. 119]]
(1) None of the funds made available by this Act may be used
for any training, equipment, or other assistance for the members
of a unit of a foreign security force if the Secretary of
Defense has credible information that the unit has committed a
gross violation of human rights.
(2) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
provide any training, equipment, or other assistance to a unit
of a foreign security force full consideration is given to any
credible information available to the Department of State
relating to human rights violations by such unit.
(b) Exception.--The prohibition in subsection (a)(1) shall not apply
if the Secretary of Defense, after consultation with the Secretary of
State, determines that the government of such country has taken all
necessary corrective steps, or if the equipment or other assistance is
necessary to assist in disaster relief operations or other humanitarian
or national security emergencies.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)(1) if
the Secretary of Defense determines that such waiver is required by
extraordinary circumstances.
(d) Procedures.--The Secretary of Defense shall establish, and
periodically update, procedures to ensure that any information in the
possession of the Department of Defense about gross violations of human
rights by units of foreign security forces is shared on a timely basis
with the Department of State.
(e) Report.--Not more than 15 days after the application of any
exception under subsection (b) or the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit to the appropriate
congressional committees a report--
(1) in the case of an exception under subsection (b),
providing notice of the use of the exception and stating the
grounds for the exception; and
(2) in the case of a waiver under subsection (c), describing
the information relating to the gross violation of human rights;
the extraordinary or other circumstances that necessitate the
waiver; the purpose and duration of the training, equipment, or
other assistance; and the United States forces and the foreign
security force unit involved.
(f) Definition.--For purposes of this section the term ``appropriate
congressional committees'' means the congressional defense committees
and the Committees on Appropriations.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees:
[[Page 128 STAT. 120]]
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense committees
that it is in the national interest to do so.
Sec. 8060. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8061. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such authority:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8062. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8063. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent Export of Unclassified Military Articles issued by
the Department of State.
Sec. 8064. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under section
2667 of title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
Sec. 8065. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic
[[Page 128 STAT. 121]]
beverages sold by the drink) on a military installation located in the
United States unless such malt beverages and wine are procured within
that State, or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is located
in more than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $108,725,800 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such indemnification
as the Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with applicable
Federal, State, and local law to the maximum extent consistent with the
national security, as determined by the Secretary of Defense.
Sec. 8067. Section <<NOTE: 10 USC 113 note.>> 8106 of the
Department of Defense Appropriations Act, 1997 (titles I through VIII of
the matter under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2014.
(including transfer of funds)
Sec. 8068. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers to the Department of State
``Global Security Contingency Fund'', notify the congressional defense
committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction
[[Page 128 STAT. 122]]
and furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $504,091,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $235,309,000 shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, including $15,000,000 for non-recurring
engineering costs in connection with the establishment of a capacity for
co-production in the United States by industry of the United States of
parts and components for the Iron Dome short-range rocket defense
program; $149,712,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $15,000,000 shall be for
production activities of SRBMD missiles in the United States and in
Israel to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures; $74,707,000 shall be
available for an upper-tier component to the Israeli Missile Defense
Architecture; and $44,363,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne,
detection suite: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8071. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command operational and administrative control of U.S. Navy
forces assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act:
Provided further, That this section does not apply to administrative
control of Navy Air and Missile Defense Command.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $960,400,000 shall be
available until September 30, 2014, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2007/2014: LHA Replacement Program $37,700,000;
[[Page 128 STAT. 123]]
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2014: Carrier Replacement Program $588,100,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2010/2014: Joint High Speed Vessel $7,600,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2014: Virginia class submarine $227,000,000; and
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2014: DDG-51 $100,000,000.
Sec. 8073. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2014 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2014.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of funds
that creates or initiates a new program, project, or activity unless
such program, project, or activity must be undertaken immediately in the
interest of national security and only after written prior notification
to the congressional defense committees.
Sec. 8075. The <<NOTE: 10 USC 221 note.>> budget of the President
for fiscal year 2015 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, the Procurement
accounts, and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense: Provided, That upon the determination of
the Secretary of Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as follows:
$20,000,000 to the United Service Organizations and $24,000,000 to the
Red Cross.
Sec. 8078. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance
[[Page 128 STAT. 124]]
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless the
information has been lawfully collected and processed during the conduct
of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8080. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section 12302(a)
of title 10, United States Code, each member shall be notified in
writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8081. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8082. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8083. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8084. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the
[[Page 128 STAT. 125]]
purpose of enabling the Pacific Command to execute Theater Security
Cooperation activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this purpose
may be used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8085. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2015.
Sec. 8086. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to
be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior fiscal
year, and the 1 percent limitation shall apply to the total amount of
the appropriation.
Sec. 8087. (a) Not later than 60 days after the date of enactment of
this Act, the Director of National Intelligence shall submit a report to
the congressional intelligence committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2014: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence Program
in this Act shall be available for reprogramming or transfer until the
report identified in subsection (a) is submitted to the congressional
intelligence committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence committees that
such reprogramming or transfer is necessary as an emergency requirement.
(including transfer of funds)
Sec. 8088. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available for
the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and Budget
must approve any transfers made under this provision.
Sec. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
[[Page 128 STAT. 126]]
be available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) or the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8090. The <<NOTE: 50 USC 3103 note.>> Director of National
Intelligence shall submit to Congress each year, at or about the time
that the President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8091. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate.
Sec. 8092. The <<NOTE: 10 USC 127a note.>> Department of Defense
shall continue to report incremental contingency operations costs for
Operation Enduring Freedom on a monthly basis and any other operation
designated and identified by the Secretary of Defense for the purposes
of section 127a of title 10, United States Code, on a semi-annual basis
in the Cost of War Execution Report as prescribed in the Department of
Defense Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'',
Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8093. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
[[Page 128 STAT. 127]]
(including transfer of funds)
Sec. 8094. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfers to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8095. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head of
the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
Sec. 8096. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a), with
respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) The Secretary of Defense may waive the application of subsection
(a) or (b) to a particular contractor or subcontractor for the purposes
of a particular contract or subcontract if the Secretary or the Deputy
Secretary personally determines that the
[[Page 128 STAT. 128]]
waiver is necessary to avoid harm to national security interests of the
United States, and that the term of the contract or subcontract is not
longer than necessary to avoid such harm. The determination shall set
forth with specificity the grounds for the waiver and for the contract
or subcontract term selected, and shall state any alternatives
considered in lieu of a waiver and the reasons each such alternative
would not avoid harm to national security interests of the United
States. The Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this subsection not
less than 15 business days before the contract or subcontract addressed
in the determination may be awarded.
Sec. 8097. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8098. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$143,087,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of Defense
to the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 8099. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex.
Sec. 8100. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under part
2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8101. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8102. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'' the following amounts shall be available to
the Secretary of Defense, for the following authorized purposes,
notwithstanding any other provision of law, acting through
[[Page 128 STAT. 129]]
the Office of Economic Adjustment of the Department of Defense, to make
grants, conclude cooperative agreements, and supplement other Federal
funds, to remain available until expended, to support critical existing
and enduring military installations and missions on Guam, as well as any
potential Department of Defense growth: (1) $106,400,000 for addressing
the need for civilian water and wastewater improvements, and (2)
$13,000,000 for construction of a regional public health laboratory:
Provided, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating funds for either of the forgoing purposes, notify
the congressional defense committees in writing of the details of any
such obligation.
Sec. 8103. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
3,000 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may be
waived in part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the vicinity of the
project have not experienced failing levels of service as defined by the
Transportation Research Board Highway Capacity Manual over a consecutive
90-day period; (2) the Department of Defense and the Virginia Department
of Transportation agree on the number of additional parking spaces that
may be made available to employees of the facility subject to continued
90-day traffic monitoring; and (3) the Secretary of Defense notifies the
congressional defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking spaces to be
made available.
Sec. 8104. The Secretary of Defense shall report quarterly the
numbers of civilian personnel end strength by appropriation account for
each and every appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees within 15
days after the end of each fiscal quarter.
Sec. 8105. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriations account;
(2) how the National Intelligence Program budget request is
presented, organized, and managed within the Department of
Defense budget;
(3) how the National Intelligence Program appropriations are
apportioned to the executing agencies; or
(4) how the National Intelligence Program appropriations are
allotted, obligated and disbursed.
(b) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(c) Upon development of the detailed proposals defined under
subsection (b), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
[[Page 128 STAT. 130]]
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
(d) This section shall not be construed to alter or affect the
application of section 924 of the National Defense Authorization Act for
Fiscal Year 2014 to the amounts made available by this Act.
(including transfer of funds)
Sec. 8106. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national interest,
the Director may, with the approval of the Office of Management and
Budget, transfer not to exceed $2,000,000,000 of the funds made
available in this Act for the National Intelligence Program: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence requirements, than
those for which originally appropriated and in no case where the item
for which funds are requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30, 2014.
(including transfer of funds)
(including rescission of funds)
Sec. 8107. (a) Of the funds previously appropriated for the ``Ship
Modernization, Operations and Sustainment Fund'', $1,920,000,000 is
hereby rescinded;
(b) There is appropriated $2,244,400,000 for the ``Ship
Modernization, Operations and Sustainment Fund'', to remain available
until September 30, 2021: Provided, That the Secretary of the Navy
shall transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to appropriations for military personnel; operation
and maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating, sustaining,
equipping and modernizing the Ticonderoga-class guided missile cruisers
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey Island-
class dock landing ships LSD-41 and LSD-46: Provided further, That
funds transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation to which they
are transferred: Provided further, That the transfer authority provided
herein shall be in addition to any other transfer authority available to
the Department of Defense: Provided further, That the Secretary of the
Navy shall, not less than 30 days prior to making any transfer from the
``Ship Modernization, Operations and Sustainment Fund'', notify the
congressional defense committees in writing of the details of such
transfer: Provided further, That the Secretary of the Navy shall
transfer and obligate funds from the ``Ship Modernization, Operations
and Sustainment Fund'' for modernization of not less than one
Ticonderoga-class guided missile cruiser as
[[Page 128 STAT. 131]]
detailed above in fiscal year 2014: Provided further, That the
prohibition in section 2244a(a) of title 10, United States Code, shall
not apply to the use of any funds transferred pursuant to this
subsection.
Sec. 8108. The Under Secretary of Defense for Personnel and
Readiness shall conduct a study to be known as the ``Review of
Superintendents of Military Service Academies'': Provided, That the
study shall use the vast resources in Professional Military Education
and Training to provide an objective and comprehensive evaluation of the
role of a modern superintendent of a military service academy, including
the criteria to be used in selecting and evaluating the performance of a
superintendent of a military service academy: Provided further, That
not later than 180 days after the date of the enactment of this Act, the
review board shall submit to the Secretary of Defense and to the
congressional defense committees a report on the findings of the review
under this section: Provided further, That in addition to amounts
appropriated or otherwise made available by this Act, $1,000,000 shall
be available for the review.
Sec. 8109. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $380,000,000.
Sec. 8110. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8111. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained at
United States Naval Station Guantanamo Bay, Cuba to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1035 of the National Defense Authorization Act for Fiscal Year 2014.
Sec. 8112. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
[[Page 128 STAT. 132]]
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8113. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 8114. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests of the
Government.
Sec. 8115. None of the funds made available by this Act may be used
in contravention of section 1590 or 1591 of title 18, United States
Code, or in contravention of the requirements of section 106(g) or (h)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g) or
(h)).
Sec. 8116. None of the funds made available by this Act for excess
defense articles, assistance under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), or peacekeeping operations for the countries designated in 2013
to be in violation of the standards of the Child Soldiers Prevention Act
of 2008 may be used to support any military training or operation that
includes child soldiers, as defined by the Child Soldiers Prevention Act
of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1), unless such assistance
is otherwise permitted under section 404 of the Child Soldiers
Prevention Act of 2008.
Sec. 8117. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8118. The Secretary of the Air Force shall obligate and expend
funds previously appropriated for the procurement of RQ-4B Global Hawk
aircraft for the purposes for which such funds were originally
appropriated: Provided, That none of the funds made available by this
Act may be used to retire, divest, realign or transfer RQ-4B Global Hawk
aircraft, or to disestablish or convert units associated with such
aircraft.
Sec. 8119. None of the funds made available by this Act may be used
by the Department of Defense or any other Federal agency to lease or
purchase new light duty vehicles, for any executive fleet, or for an
agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8120. None of the funds made available by this Act may be used
to enter into a contract with any person or other entity
[[Page 128 STAT. 133]]
listed in the Excluded Parties List System (EPLS)/System for Award
Management (SAM) as having been convicted of fraud against the Federal
Government.
Sec. 8121. (a) None of the funds made available in this Act for the
Department of Defense may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, to make a grant to, or
to provide a loan or loan guarantee to Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary certifies in writing that the waiver is in the
national security interest of the United States.
(c) Requirements Relating to Obligation of Funds Pursuant to
Waiver.--
(1) Not later than 30 days before obligating funds pursuant
to the waiver under subsection (b), the Secretary of Defense
shall submit to the congressional defense committees a notice on
the obligation of funds pursuant to the waiver.
(2) Not later than 15 days after the submittal of the notice
under paragraph (1), the Secretary of Defense shall submit to
the congressional defense committees a report setting forth the
following:
(A) An assessment of the number, if any, of S-300
advanced anti-aircraft missiles that Rosoboronexport has
delivered to the Assad regime in Syria.
(B) A list of known contracts, if any, that
Rosoboronexport has signed with the Assad regime since
January 1, 2013.
(C) An explanation why it is in the national
security interest of the United States to enter into a
contract, memorandum of understanding, or cooperative
agreement with, to make a grant to, or to provide a loan
or loan guarantee to Rosoboronexport.
(D) An explanation why comparable equipment cannot
be purchased from another source.
Sec. 8122. Section 8159(c) of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117, 10 U.S.C.
2401a note) is amended by striking paragraph (7).
Sec. 8123. None of the funds made available in this Act may be used
for the purchase or manufacture of a flag of the United States unless
such flags are treated as covered items under section 2533a(b) of title
10, United States Code.
(including transfer of funds)
Sec. 8124. In addition to amounts appropriated or otherwise made
available elsewhere in this Act, $25,000,000 is hereby appropriated to
the Department of Defense and made available for transfer to the Army,
Air Force, Navy, and Marine Corps, for purposes of implementation of a
Sexual Assault Special Victims Program: Provided, That funds
transferred under this provision are to be merged with and available for
the same purposes and time period as the appropriation to which
transferred: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Sec. 8125. None of the funds made available by this Act may be used
in contravention of the amendments made to the Uniform
[[Page 128 STAT. 134]]
Code of Military Justice of title XVII of the National Defense
Authorization Act for Fiscal Year 2014 regarding the discharge or
dismissal of a member of the Armed Forces convicted of certain sex-
related offenses, the required trial of such offenses by general courts-
martial, and the limitations imposed on convening authority discretion
regarding court-martial findings and sentences.
Sec. 8126. None of the funds appropriated in this, or any other
Act, may be obligated or expended by the United States Government for
the direct personal benefit of the President of Afghanistan.
Sec. 8127. (a) <<NOTE: 10 USC 2731 note.>> Of the funds
appropriated in this Act for the Department of Defense, amounts may be
made available, under such regulations as the Secretary may prescribe,
to local military commanders appointed by the Secretary of Defense, or
by an officer or employee designated by the Secretary, to provide at
their discretion ex gratia payments in amounts consistent with
subsection (d) of this section for damage, personal injury, or death
that is incident to combat operations of the Armed Forces in a foreign
country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known as
the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program under
subsection (a) shall not be considered an admission or acknowledgement
of any legal obligation to compensate for any damage, personal injury,
or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing economic
conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The legal
advisor, under regulations of the Department of Defense, shall advise on
whether an ex gratia payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
[[Page 128 STAT. 135]]
(h) Limitation.--Nothing in this section shall be deemed to provide
any new authority to the Secretary of Defense.
Sec. 8128. None of the funds available to the Department of Defense
shall be used to conduct any environmental impact analysis related to
Minuteman III silos that contain a missile as of the date of the
enactment of this Act.
Sec. 8129. The amounts appropriated in title I and II of this Act
are hereby reduced by $8,000,000: Provided, That the reduction shall be
applied to funding for general and flag officers within the military
personnel and operation and maintenance appropriations: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees of the reduction by appropriation and budget line
item not later than 90 days after the enactment of this Act: Provided
further, That none of the funds made available by this Act may be used
for flag or general officers for each military department that are in
excess to the number of such officers serving in such military
department as of the date of enactment of this Act.
Sec. 8130. None of the funds made available in this Act shall be
used to transition elements of the 18th Aggressor Squadron out of
Eielson Air Force Base.
Sec. 8131. None of the funds made available by this Act may be used
to cancel the avionics modernization program of record for C-130
aircraft.
Sec. 8132. None of the funds made available by this Act may be used
by the Department of Defense to grant an enlistment waiver for an
offense within offense code 433 (rape, sexual abuse, sexual assault,
criminal sexual abuse, incest, or other sex crimes), as specified in
Table 1 of the memorandum from the Under Secretary of Defense with the
subject line ``Directive-Type Memorandum (DTM) 08-018--`Enlistment
Waivers' '', dated June 27, 2008 (incorporating Change 3, March 20,
2013).
Sec. 8133. None of the funds made available by this Act may be used
by the Secretary of the Air Force to reduce the force structure at Lajes
Field, Azores, Portugal, below the total number of military and civilian
personnel assigned to Lajes Field on October 1, 2012, until the
Secretary of Defense submits the certification to the congressional
defense committees required by section 341 of the National Defense
Authorization Act for Fiscal Year 2014.
Sec. 8134. None of the Operation and Maintenance funds made
available in this Act may be used in contravention of section 41106 of
title 49, United States Code.
Sec. 8135. None of the funds made available by this Act may be used
to fund the performance of a flight demonstration team at a location
outside of the United States: Provided, That this prohibition applies
only if a performance of a flight demonstration team at a location
within the United States was canceled during the current fiscal year due
to insufficient funding.
Sec. 8136. None of the funds made available by this Act may be used
to carry out reductions to the nuclear forces of the United States to
implement the New START Treaty (as defined in section 495(e) of title
10, United States Code), or to carry out activities to prepare for such
reductions except as authorized by section 1056 of the National Defense
Authorization Act for Fiscal Year 2014.
[[Page 128 STAT. 136]]
Sec. 8137. None of the funds made available by this Act may be used
to implement an enrollment fee for the TRICARE for Life program under
chapter 55 of title 10, United States Code.
Sec. 8138. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1246(c) of
the National Defense Authorization Act for Fiscal Year 2014, relating to
limitations on providing certain missile defense information to the
Russian Federation.
Sec. 8139. None of the funds made available by this Act may be used
by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8140. The amounts appropriated in title II of this Act are
hereby reduced by $866,500,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Navy'', $442,000,000;
(2) From ``Operation and Maintenance, Air Force'',
$77,000,000; and
(3) From ``Operation and Maintenance, Defense-Wide'',
$347,500,000.
Sec. 8141. Of the amounts appropriated for ``Working Capital Fund,
Army'', $150,000,000 shall be available for the Industrial Mobilization
Capacity account: Provided, That the Secretary of the Army shall--
(1) Assign the arsenals sufficient workload to maintain the
critical capabilities identified in the Army Organic Industrial
Base Strategy Report;
(2) Ensure cost efficiency and technical competence in
peacetime, while preserving the ability to provide an effective
and timely response to mobilizations, national defense
contingency situations, and other emergent requirements;
(3) Release the Army Organic Industrial Base Strategy Report
not later than 30 days after the enactment of this Act; and
(4) Brief the congressional defense committees not later
than 90 days after the enactment of this Act to ensure
sufficient workload for the efficient operation of the arsenals.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$5,449,726,000: Provided, That such amount is designated by the
[[Page 128 STAT. 137]]
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$558,344,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$777,922,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$832,862,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$33,352,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$20,238,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$15,134,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$20,432,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 128 STAT. 138]]
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$257,064,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $6,919,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$32,369,249,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,470,808,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,369,815,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $12,746,424,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,226,678,000: Provided, That of the funds provided under this
heading, not to exceed $1,257,000,000, to remain available until
September 30, 2015, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military operations in support of Operation
Enduring Freedom: Provided further, That
[[Page 128 STAT. 139]]
these funds may be used to reimburse the government of Jordan, in such
amounts as the Secretary of Defense may determine, to maintain the
ability of the Jordanian armed forces to maintain security along the
border between Jordan and Syria, upon 15 day prior written notification
to the congressional defense committees outlining the amounts reimbursed
and the nature of the expenses to be reimbursed and that these funds may
be used in accordance with section 1205 of S. 1197, an Act authorizing
appropriations for fiscal year 2014 for military activities of the
Department of Defense, as reported: Provided further, That such
reimbursement payments may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management and Budget,
may determine, at the discretion of the Secretary of Defense, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional committees:
Provided further, That the requirement under this heading to provide
notification to the appropriate congressional committees shall not apply
with respect to a reimbursement for access based on an international
agreement: Provided further, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military operations in Afghanistan, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided in
this paragraph: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $34,674,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $55,700,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $12,534,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/
[[Page 128 STAT. 140]]
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $32,849,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $130,471,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $22,200,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $199,000,000, to remain
available until September 30, 2015: Provided, That such funds shall be
available to the Secretary of Defense for infrastructure projects in
Afghanistan, notwithstanding any other provision of law, which shall be
undertaken by the Secretary of State, unless the Secretary of State and
the Secretary of Defense jointly decide that a specific project will be
undertaken by the Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in support of the
counterinsurgency strategy, which may require funding for facility and
infrastructure projects, including, but not limited to, water, power,
and transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority to provide
assistance to foreign nations: Provided further, That any projects
funded under this heading shall be jointly formulated and concurred in
by the Secretary of State and Secretary of Defense: Provided further,
That funds may be transferred to the Department of State for purposes of
undertaking projects, which funds shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act:
Provided further, That the transfer authority in the preceding proviso
is in addition to any other authority available to the Department of
Defense to transfer funds: Provided further, That any unexpended funds
transferred to the Secretary of State under this authority shall be
returned to the Afghanistan Infrastructure Fund if the Secretary of
State, in
[[Page 128 STAT. 141]]
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation and
shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,726,720,000, to
remain available until September 30, 2015: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
in writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured using
funds provided under this heading in this or prior Acts that was
transferred to the security forces of Afghanistan and returned by such
forces to the United
[[Page 128 STAT. 142]]
States: Provided further, That the equipment described in the previous
proviso, as well as equipment not yet transferred to the security forces
of Afghanistan when determined by the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee, to no
longer be required for transfer to such forces, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the funds
provided under this heading, not less than $25,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$669,000,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$128,645,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$190,900,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$653,902,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$211,176,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas
[[Page 128 STAT. 143]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$86,500,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $169,362,000, to remain available until September 30,
2016: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$125,984,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$188,868,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$24,200,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $137,826,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
[[Page 128 STAT. 144]]
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,517,846,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$128,947,000, to remain available until September 30, 2016: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,000,000,000, to remain available for
obligation until September 30, 2016: Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $13,500,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $34,426,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $9,000,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War
[[Page 128 STAT. 145]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $78,208,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$264,910,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$898,701,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $376,305,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$879,225,000, to remain available until September 30, 2016: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the
[[Page 128 STAT. 146]]
purpose provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2014.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up to
$4,000,000,000 between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2014.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project funded
with appropriations available for operation and maintenance,
``Afghanistan Infrastructure Fund'', or the ``Afghanistan Security
Forces Fund'' provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be obligated at the
time a construction contract is awarded: Provided, That for the purpose
of this section, supervision and administration costs and costs for
design during construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding
[[Page 128 STAT. 147]]
price or other limitations applicable to the purchase of passenger
carrying vehicles.
Sec. 9005. Not to exceed $30,000,000 of the amount appropriated in
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their
areas of responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project) executed
under this authority shall not exceed $20,000,000: Provided further,
That not later than 45 days after the end of each fiscal year quarter,
the Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the allocation and
use of funds during that quarter that were made available pursuant to
the authority provided in this section or under any other provision of
law for the purposes described herein: Provided further, That, not
later than 30 days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment, obligation, and
expenditure data for the Commander's Emergency Response Program in
Afghanistan: Provided further, That not less than 15 days before making
funds available pursuant to the authority provided in this section or
under any other provision of law for the purposes described herein for a
project with a total anticipated cost for completion of $5,000,000 or
more, the Secretary shall submit to the congressional defense committees
a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other
CERP funding that has been or is anticipated to be contributed
to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Afghanistan:
Provided, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support provided under
this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
[[Page 128 STAT. 148]]
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commander's Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify
to the congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding provisos and accompanying report language for the ASFF, AIF,
and CERP.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action is
necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such funds
may be used to purchase items having an investment item unit cost of not
more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up to
$63,800,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15 days before
making funds available pursuant to the authority provided in this
section for any project with a total anticipated cost of $5,000,000 or
more, the Secretary shall submit to the congressional defense committees
a written notice
[[Page 128 STAT. 149]]
containing a detailed justification and timeline for each proposed
project.
Sec. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air Force''
up to $209,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2014, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and maintenance,
and to manage and integrate defense-related institutions: Provided
further, That not later than 30 days following the enactment of this
Act, the Secretary of Defense and the Secretary of State shall submit to
the congressional defense committees a plan for transitioning any such
training activities that they determine are needed after the end of
fiscal year 2014, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.): Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary of Defense shall
submit to the congressional defense committees a written notification
containing a detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at each site
where such operations and activities will be conducted during fiscal
year 2014.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``General Provision: Retroactive Stop Loss Special Pay
Program, 2009/XXXX'', $53,100,000; and
``Other Procurement, Army, 2013/2015'', $87,270,000.
Sec. 9014. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181 for
reimbursement to the Government of Pakistan may be made available unless
the Secretary of Defense, in coordination with the Secretary of State,
certifies to the Committees on Appropriations that the Government of
Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
[[Page 128 STAT. 150]]
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in paragraph (a) on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so: Provided, That if the Secretary of Defense,
in coordination with the Secretary of State, exercises the authority of
the previous proviso, the Secretaries shall report to the Committees on
Appropriations on both the justification for the waiver and on the
requirements of this section that the Government of Pakistan was not
able to meet: Provided further, That such report may be submitted in
classified form if necessary.
Sec. 9015. None of the funds made available by this Act may be used
with respect to Syria in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed or military forces into hostilities in Syria, into situations in
Syria where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Syrian territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of that law (50 U.S.C.
1542 and 1543).
Sec. 9016. None of the funds made available by this Act for the
``Afghanistan Infrastructure Fund'' may be used to plan, develop, or
construct any project for which construction has not commenced before
the date of the enactment of this Act.
[[Page 128 STAT. 151]]
TITLE X--MILITARY DISABILITY RETIREMENT AND SURVIVOR BENEFIT ANNUITY
RESTORATION
SEC. 10001. INAPPLICABILITY OF ANNUAL ADJUSTMENT OF RETIRED PAY
FOR MEMBERS OF THE ARMED FORCES UNDER
THE AGE OF 62 UNDER THE BIPARTISAN
BUDGET ACT OF 2013 TO MEMBERS RETIRED
FOR DISABILITY AND TO RETIRED PAY USED
TO COMPUTE CERTAIN SURVIVOR BENEFIT
PLAN ANNUITIES.
(a) Inapplicability.--Paragraph (4) of section 1401a(b) of title 10,
United States Code, as added by section 403(a) of the Bipartisan Budget
Act of 2013, is amended--
(1) in subparagraph (A), by inserting after ``age'' the
following: ``(other than a member or former member retired under
chapter 61 of this title)''; and
(2) by adding at the end the following new subparagraph:
``(F) Inapplicability to amount of retired pay used
in computation of sbp annuity for survivors.--In the
computation pursuant to subsection (d) or (f) of section
1448 of this title of an annuity for survivors of a
member or person who dies while subject to the
application of this paragraph, the amount of the retired
pay of such member or person for purposes of such
computation shall be the amount of retired pay that
would have been payable to such member or person at the
time of death without regard to the application of this
paragraph.''.
(b) Conforming Amendments.--
(1) Combat-related special compensation.--Section
1413a(b)(3) of title 10, United States Code, is amended--
(A) in subparagraph (A), by inserting ``, with
adjustment under paragraph (2) of section 1401a(b) of
this title to which the member would have been entitled
(but without the application of paragraph (4) of such
section),'' after ``under any other provision of law'';
and
(B) in subparagraph (B), by striking ``whichever is
applicable to the member.'' and inserting ``with
adjustment under paragraph (2) of section 1401a(b) of
this title to which the member would have been entitled
(but without the application of paragraph (4) of such
section), whichever is applicable to the member.''.
(2) Concurrent receipt of retired pay and veterans'
disability compensation.--Section 1414(b)(1) of such title is
amended by inserting ``(but without the application of section
1401a(b)(4) of this title)'' after ``under any other provision
of law''.
(3) Prevention of cola inversions.--Section 1401a(f)(2) of
title 10, United States Code, is amended by inserting ``or
subsection (b)(4)'' after ``subsection (b)(2)''.
(c) <<NOTE: 10 USC 1401a note.>> Effective Date.--The amendments
made by subsections (a) and (b) shall take effect on December 1, 2015,
immediately after the coming into effect of section 403 of the
Bipartisan Budget Act of 2013 and the amendments made by that section.
(d) Exclusion of Budgetary Effects From PAYGO Scorecards.--
[[Page 128 STAT. 152]]
(1) Statutory pay-as-you-go scorecards.--The budgetary
effects of this section shall not be entered on either PAYGO
score-card maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard maintained
for purposes of section 201 of S. Con. Res. 21 (110th Congress).
This division may be cited as the ``Department of Defense
Appropriations Act, 2014''.
DIVISION D--ENERGY AND <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2014.>> WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration, projects
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $125,000,000, to remain available until
expended: Provided, That the Secretary may initiate up to but no more
than nine new reconnaissance study starts during fiscal year 2014:
Provided further, That the new reconnaissance study starts will consist
of three studies where the majority of the benefits are derived from
navigation transportation savings, three studies where the majority of
the benefits are derived from flood and storm damage reduction, and
three studies where the majority of the benefits are derived from
environmental restoration: Provided further, That the number of
environmental restoration studies selected shall be limited to no more
than the lessor of the number of navigation studies or the number of
flood and storm damage reduction studies selected: Provided further,
That the Secretary shall not deviate from the new starts proposed in the
work plan, once the plan has been submitted to the Committees on
Appropriations of the House of Representatives and the Senate.
[[Page 128 STAT. 153]]
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,656,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund: Provided, That during the fiscal year period
covered by this Act, 25 percentum of the funding proposed for Olmsted
Lock and Dam, Ohio River, Illinois and Kentucky, shall be derived from
the Inland Waterways Trust Fund: Provided further, That the Secretary
may initiate up to but no more than four new construction starts during
fiscal year 2014: Provided further, That the new construction starts
will consist of three projects where the majority of the benefits are
derived from navigation transportation savings or from flood and storm
damage reduction and one project where the majority of the benefits are
derived from environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall be executed
as soon as practicable but no later than August 29, 2014: Provided
further, That no allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary provides to the
Committees on Appropriations of the House of Representatives and the
Senate an out-year funding scenario demonstrating the affordability of
the selected new start and the impacts on other projects: Provided
further, That the Secretary may not deviate from the new starts proposed
in the work plan, once the plan has been submitted to the Committees on
Appropriations of the House of Representatives and the Senate.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $307,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories;
[[Page 128 STAT. 154]]
maintaining harbor channels provided by a State, municipality, or other
public agency that serve essential navigation needs of general commerce,
where authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and straightening
channels; and removing obstructions to navigation, $2,861,000,000, to
remain available until expended, of which such sums as are necessary to
cover the Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors shall be derived
from the Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965 shall be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and of
which such sums as become available from fees collected under section
217 of Public Law 104-303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
such fees have been collected: Provided, That 1 percent of the total
amount of funds provided for each of the programs, projects or
activities funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth quarter of the
fiscal year and shall be available for use by the Chief of Engineers to
fund such emergency activities as the Chief of Engineers determines to
be necessary and appropriate, and that the Chief of Engineers shall
allocate during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2015.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $103,499,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$28,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water
[[Page 128 STAT. 155]]
Resources, the United States Army Engineer Research and Development
Center, and the United States Army Corps of Engineers Finance Center
allocable to the civil works program, $182,000,000, to remain available
until September 30, 2015, of which not to exceed $5,000 may be used for
official reception and representation purposes and only during the
current fiscal year: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the civil
works executive direction and management activities of the division
offices: Provided further, That any Flood Control and Coastal
Emergencies appropriation may be used to fund the supervision and
general administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other natural
disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2015.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2014, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that
[[Page 128 STAT. 156]]
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount a limit of
$5,000,000 per project, study or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) Not later than 60 days after the date of enactment of this Act,
the Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
[[Page 128 STAT. 157]]
Sec. 103. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to award
any continuing contract that commits additional funding from the Inland
Waterways Trust Fund unless or until such time that a long-term
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104. Beginning <<NOTE: 33 USC 2282b.>> on the date of
enactment of this Act and hereafter, not later than 120 days after the
date of the Chief of Engineers Report on a water resource matter, the
Assistant Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 105. During the fiscal year period covered by this Act, the
Secretary of the Army is authorized to implement measures recommended in
the efficacy study authorized under section 3061 of the Water Resources
Development Act of 2007 (121 Stat. 1121) or in interim reports, with
such modifications or emergency measures as the Secretary of the Army
determines to be appropriate, to prevent aquatic nuisance species from
dispersing into the Great Lakes by way of any hydrologic connection
between the Great Lakes and the Mississippi River Basin.
Sec. 106. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $4,700,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 107. That portion of the project for navigation, Ipswich
River, Massachusetts adopted by the Rivers and Harbor Act of August 5,
1886 consisting of a 4-foot channel located at the entrance to the
harbor at Ipswich Harbor, lying northwesterly of a line commencing at:
N3074938.09, E837154.87, thence running easterly about 60 feet to a
point with coordinates N3074972.62, E837203.93, is no longer authorized
as a Federal project after the date of enactment of this Act.
Sec. 108. That portion of the project of navigation, Chicago
Harbor, Illinois, authorized by the River and Harbor Acts of March 3,
1899 and March 2, 1919, and that begins at the southwest corner of the
Metropolitan Sanitary District of Greater Chicago sluice gate that abuts
the north wall of the Chicago River Lock and that continues north for
approximately 290 feet, thence east approximately 1,000 feet, then south
approximately 290 feet, thence west approximately 1,000 feet to the
point of beginning shall no longer be authorized as a Federal project
after the date of enactment of this Act.
Sec. 109. Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the portion of the
project for navigation, Warwick Cove, Rhode Island, authorized by
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) that is
located within the 5 acre anchorage area east of the channel and lying
east of the line beginning at a point with coordinates N220,349.79,
E357,664.90 thence running north 9 degrees 10 minutes 21.5 seconds west
170.38 feet to a point N220,517.99, E357,637.74 thence running north 17
degrees 44 minutes 30.4 seconds west 165.98 feet to a point N220,676.08,
E357,587.16 thence running north 0 degrees 46 minutes 0.9 seconds
[[Page 128 STAT. 158]]
east 138.96 feet to a point N220,815.03, E357,589.02 thence running
north 8 degrees 36 minutes 22.9 seconds east 101.57 feet to a point
N220,915.46, E357,604.22 thence running north 18 degrees 18 minutes 27.3
seconds east 168.20 feet to a point N221,075.14, E357,657.05 thence
running north 34 degrees 42 minutes 7.2 seconds east 106.4 feet to a
point N221,162.62,209 E357,717.63 thence running south 29 degrees 14
minutes 17.4 seconds east 26.79 feet to a point N221,139.24, E357,730.71
thence running south 30 degrees 45 minutes 30.5 seconds west 230.46 feet
to a point N220,941.20, E357,612.85 thence running south 10 degrees 49
minutes12.0 seconds west 95.46 feet to a point N220,847.44, E357,594.93
thence running south 9 degrees 13 minutes 44.5 seconds east 491.68 feet
to a point N220,362.12, E357,673.79 thence running south 35 degrees 47
minutes 19.4 seconds west 15.20 feet to the point of origin.
Sec. 110. (a) Section 1001(17)(A) of Public Law 110-114 is amended--
(1) by striking ``$125,270,000'' and inserting in lieu
thereof, ``$152,510,000'';
(2) by striking ``$75,140,000'' and inserting in lieu
thereof, ``$92,007,000''; and
(3) by striking ``$50,130,000'' and inserting in lieu
thereof, ``$60,503,000''.
(b) The amendments made by subsection (a) shall take effect as of
November 8, 2007.
Sec. 111. The project for flood control, Little Calumet River,
Indiana, authorized by section 401(a) of the Water Resources Development
Act of 1986 (Public Law 99-662; 100 Stat. 4115), is modified to
authorize the Secretary to carry out the project at a total cost of
$269,988,000 with an estimated Federal cost of $202,800,000 and an
estimated non-Federal cost of $67,188,000.
Sec. 112. During fiscal years 2014 and 2015, the limitation
relating to total project costs in section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280) shall not apply with respect to
any project that receives funds made available by this title.
Sec. 113. The Cape Arundel Disposal Site in the State of Maine
selected by the Department of the Army as an alternative dredged
material disposal site under section 103(b) of the Marine Protection
Research and Sanctuaries Act of 1972, shall remain open for 5 years
after enactment of this Act, until the remaining disposal capacity of
the site has been utilized, or until completion of an Environmental
Impact Statement to support final designation of an Ocean Dredged
Material Disposal Site for southern Maine under section 102(c) of the
Marine Protection Research and Sanctuaries Act of 1972, whichever first
occurs, provided that the site conditions remain suitable for such
purpose and that the site may not be used for disposal of more than
80,000 cubic yards from any single dredging project.
Sec. 114. None of the funds made available in this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007.
Sec. 115. None of the funds made available in this or any other Act
making appropriations for Energy and Water Development for any fiscal
year may be used by the Corps of Engineers during the fiscal year ending
September 30, 2014, to develop, adopt,
[[Page 128 STAT. 159]]
implement, administer, or enforce any change to the regulations in
effect on October 1, 2012, pertaining to the definitions of the terms
``fill material'' or ``discharge of fill material'' for the purposes of
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 116. During fiscal year 2014, any work that is required to be
undertaken on a flood control project because of impacts to that project
from a navigation project may be cost shared in accordance with the cost
sharing requirements for the navigation project.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $8,725,000, to remain available until expended, of which
$1,000,000 shall be deposited into the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,300,000 shall be available until September 30, 2015,
for necessary expenses incurred in carrying out related responsibilities
of the Secretary of the Interior: Provided further, That for fiscal
year 2014, of the amount made available to the Commission under this Act
or any other Act, the Commission may use an amount not to exceed
$1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $954,085,000, to remain available until expended, of which
$28,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $8,401,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived
[[Page 128 STAT. 160]]
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes for
which the funds were contributed: Provided further, That funds advanced
under 43 U.S.C. 397a shall be credited to this account and are available
until expended for the same purposes as the sums appropriated under this
heading: Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $53,288,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2015, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
[[Page 128 STAT. 161]]
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous appropriations Acts
to the agencies or entities funded in title II of this Act for Water and
Related Resources that remain available for obligation or expenditure in
fiscal year 2014, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
[[Page 128 STAT. 162]]
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. (a) Use of Technical Memorandum.--Notwithstanding any
other provision of law, until such time as the pipeline reliability
study identified in the joint explanatory statement accompanying the
Consolidated Appropriations Act, 2012, (Public Law 112-74) is completed
and any necessary changes are made to Technical Memorandum 8140-CC-2004-
1 (``Corrosion Considerations for Buried Metallic Water Pipe'') in
accordance with subsection (c)--
(1) The Bureau of Reclamation shall not use the Technical
Memorandum as the sole basis to deny funding or approval of a
project or to disqualify any material from use in severely
corrosive soils; and
(2) Reclamation shall notify the Committees on
Appropriations of the House of Representatives and the Senate
prior to advertisement of any project with a buried metallic
pipeline where severely corrosive soils are anticipated to be
encountered. The notification shall include the corrosion
prevention requirements that are anticipated to be required in
the contract bidding documents.
(b) Deviations.--If the entity that will be the ultimate owner of a
project requests a deviation from the corrosion prevention requirements
that the Bureau of Reclamation proposes for such project, Reclamation
shall give expeditious consideration to granting the deviation and
include liability waivers, if appropriate.
(c) Revisions to Technical Memorandum.--A proposal to update
Technical Memorandum 8140-CC-2004-1 (``Corrosion Considerations for
Buried Metallic Water Pipe'') shall be--
(1) Subject to a peer review by appropriate experts not
employed or selected by the Bureau of Reclamation and in
accordance with the standards referenced in the Office of
Management and Budget document ``Final Information Quality
Bulletin for Peer Review''; and
(2) Promulgated in accordance with the requirements of
Reclamation's Design Standard No. 1 (General Design Standards
Dated May 2012), and any other applicable law, regulation, or
agency process, including opportunities for meaningful public
participation and input.
[[Page 128 STAT. 163]]
Sec. 204. The Secretary of the Interior may hereafter participate
in non-Federal groundwater banking programs to increase the operational
flexibility, reliability, and efficient use of water in the State of
California, and this participation may include making payment for the
storage of Central Valley Project water supplies, the purchase of stored
water, the purchase of shares or an interest in ground banking
facilities, or the use of Central Valley Project water as a medium of
payment for groundwater banking services: Provided, That the Secretary
of the Interior shall participate in groundwater banking programs only
to the extent allowed under State law and consistent with water rights
applicable to the Central Valley Project: Provided further, That any
water user to which banked water is delivered shall pay for such water
in the same manner provided by that water user's then-current Central
Valley Project water service, repayment, or water rights settlement
contract at the rate provided by the then-current Central Valley Project
Irrigation or Municipal and Industrial Rate Setting Policies; and:
Provided further, That in implementing this section, the Secretary of
the Interior shall comply with applicable environmental laws, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) Nothing
herein shall alter or limit the Secretary's existing authority to use
groundwater banking to meet existing fish and wildlife obligations.
Sec. 205. (a) Subject to compliance with all applicable Federal and
State laws, a transfer of irrigation water among Central Valley Project
contractors from the Friant, San Felipe, West San Joaquin, and Delta
divisions, and a transfer from a long-term Friant Division water service
or repayment contractor to a temporary or prior temporary service
contractors within the place of use in existence on the date of the
transfer, as identified in the Bureau of Reclamation water rights
permits for the Friant Division, shall hereafter be considered to meet
the conditions described in subparagraphs (A) and (I) of section
3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act
of 1992 (Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service and the Commissioner of the
Bureau of Reclamation shall initiate and complete, on the most expedited
basis practicable, programmatic environmental compliance so as to
facilitate voluntary water transfers within the Central Valley Project,
consistent with all applicable Federal and State law.
(c) Not later than 180 days after the date of enactment of this Act
and each of the 4 years thereafter, the Commissioner of the Bureau of
Reclamation shall submit to the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the Senate a
report that describes the status of efforts to help facilitate and
improve the water transfers within the Central Valley Project and water
transfers between the Central Valley Project and other water projects in
the State of California; evaluates potential effects of this Act on
Federal programs, Indian tribes, Central Valley Project operations, the
environment, groundwater aquifers, refuges, and communities; and
provides recommendations on ways to facilitate and improve the process
for these transfers.
[[Page 128 STAT. 164]]
Sec. 206. Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``2012'' and inserting ``2017''.
Sec. 207. Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 210 of Public
Law 111-85, is amended by striking ``2014'' each place it appears and
inserting ``2015''.
Sec. 208. The <<NOTE: 43 USC 373f.>> Secretary may hereafter
partner, provide a grant to, or enter into a cooperative agreement with
local joint powers authorities formed pursuant to State law by
irrigation districts and other local water districts and local
governments, to advance planning and feasibility studies authorized by
Congress for water storage project: Provided, That the Secretary shall
ensure that all documents associated with the preparation of planning
and feasibility studies and applicable environmental reviews under the
National Environmental Policy Act for a project covered by this section
shall be made available to any joint powers authority with whom the
Secretary enters into an agreement to advance such project: Provided
further, That the Secretary, acting through the Commissioner of the
Bureau of Reclamation, shall ensure that all applicable environmental
reviews under the National Environmental Policy Act, to the degree such
reviews are required, are completed on an expeditious basis and that the
shortest existing applicable process under the National Environmental
Policy Act shall be utilized, including in the completion of feasibility
studies, Draft Environmental Impact Statements (DEIS) and Final
Environmental Impact Statements (FEIS): Provided further, That the
Bureau of Reclamation need not complete the applicable feasibility
study, DEIS or FEIS if the Commissioner determines, and the Secretary
concurs, that the project can be expedited by a joint powers authority
as a non-Federal project or if the project fails to meet applicable
Federal cost-benefit requirements or standards: Provided further, That
the Secretary shall not provide financial assistance towards these
studies or projects, unless there is a demonstrable Federal interest.
Sec. 209. Section 9 of the Fort Peck Reservation Rural Water System
Act of 2000 (Public Law 106-382; 114 Stat. 1457, 123 Stat. 2856) is
amended by striking ``2015'' each place it appears in subsections (a)(1)
and (b) and inserting ``2020''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer and rescissions of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,912,104,111, to remain
available until expended: Provided, That $162,000,000
[[Page 128 STAT. 165]]
shall be available until September 30, 2015, for program direction:
Provided further, That of the amount provided under this heading, the
Secretary may transfer up to $45,000,000 to the Defense Production Act
Fund for activities of the Department of Energy pursuant to the Defense
Production Act of 1950 (50 U.S.C. App. 2061, et seq.): Provided
further, That $4,711,100 from Public Law 111-8 and $5,707,011 from
Public Law 111-85 provided under this heading are hereby rescinded:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $147,306,000, to
remain available until expended: Provided, That $27,606,000 shall be
available until September 30, 2015, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not more than 10 buses and 2 ambulances,
all for replacement only, $889,190,000, to remain available until
expended: Provided, That of the amount made available under this
heading, $90,000,000 shall be available until September 30, 2015, for
program direction.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $562,065,000, to remain available until
expended: Provided, That $120,000,000 shall be available until
September 30, 2015, for program direction: Provided further,
That <<NOTE: 42 USC 16291a.>> for all programs funded under Fossil
Energy appropriations in this and subsequent Acts, the Secretary may
vest fee title or other property interests acquired under projects in
any entity, including the United States.
[[Page 128 STAT. 166]]
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $20,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.),
$189,400,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $8,000,000, to
remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $117,000,000, to remain available until
expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $231,765,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $598,823,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 25 passenger
[[Page 128 STAT. 167]]
motor vehicles for replacement only, including one law enforcement
vehicle, one ambulance, and one bus, $5,071,000,000, to remain available
until expended: Provided, That $185,000,000 shall be available until
September 30, 2015, for program direction: Provided further, That not
more than $22,790,000 may be made available for U.S. cash contributions
to the International Thermonuclear Experimental Reactor project until
its governing Council adopts the recommendations of the Third Biennial
International Organization Management Assessment Report: Provided
further, That the Secretary of Energy may waive this requirement upon
submission to the Committees on Appropriations of the House of
Representatives and the Senate a determination that the Council is
making satisfactory progress towards adoption of such recommendations.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69), as
amended, $280,000,000, to remain available until expended: Provided,
That $28,000,000 shall be available until September 30, 2015, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That, for
necessary administrative expenses to carry out this Loan Guarantee
program, $42,000,000 is appropriated, to remain available until
September 30, 2015: Provided further, That $22,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so as
to result in a final fiscal year 2014 appropriation from the general
fund estimated at not more than $20,000,000: Provided further, That
fees collected under section 1702(h) in excess of the amount
appropriated for administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy shall not
subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) or
subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $6,000,000, to remain available
until September 30, 2015.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$234,637,000, to remain available until September 30,
[[Page 128 STAT. 168]]
2015, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus such
additional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $108,188,000 in
fiscal year 2014 may be retained and used for operating expenses within
this account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation from the general fund estimated at not more than
$126,449,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,120,000, to remain available until September 30, 2015.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance, $7,845,000,000, to remain available until
expended: Provided, That of such amount not more than $40,000,000 may
be made available for B83 Stockpile Systems until the Nuclear Weapons
Council certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the B83 gravity bomb will be retired
by fiscal year 2025 or as soon as confidence in the B61-12 stockpile is
gained: Provided further, That of the unobligated balances from prior
year appropriations available under this heading, $64,000,000 is hereby
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
[[Page 128 STAT. 169]]
other incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,954,000,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,095,000,000,
to remain available until expended: Provided, That $43,212,000 shall be
available until September 30, 2015, for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, $377,000,000, to remain
available until September 30, 2015, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one sport utility vehicle, three lube trucks, and one fire
truck for replacement only, $5,000,000,000, to remain available until
expended: Provided, That $300,000,000 shall be available until
September 30, 2015, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $755,000,000, to remain available until expended: Provided,
That $127,035,000 shall be available until September 30, 2015, for
program direction.
[[Page 128 STAT. 170]]
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for construction
of, or participating in the construction of, a high voltage line from
Bonneville's high voltage system to the service areas of requirements
customers located within Bonneville's service area in southern Idaho,
southern Montana, and western Wyoming; and such line may extend to, and
interconnect in, the Pacific Northwest with lines between the Pacific
Northwest and the Pacific Southwest, and for John Day Reprogramming and
Construction, the Columbia River Basin White Sturgeon Hatchery, and Kelt
Reconditioning and Reproductive Success Evaluation Research, and, in
addition, for official reception and representation expenses in an
amount not to exceed $5,000: Provided, That during fiscal year 2014, no
new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, and including official reception and
representation expenses in an amount not to exceed $1,500, $7,750,000,
to remain available until expended: Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to
$7,750,000 collected by the Southeastern Power Administration from the
sale of power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the Southeastern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation estimated at not more than $0: Provided further,
That, notwithstanding 31 U.S.C. 3302, up to $78,081,000 collected by the
Southeastern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood
[[Page 128 STAT. 171]]
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $45,456,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), up to $33,564,000 collected by the
Southwestern Power Administration from the sale of power and related
services shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole purpose of
funding the annual expenses of the Southwestern Power Administration:
Provided further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2014 appropriation estimated at not
more than $11,892,000: Provided further, That, notwithstanding 31
U.S.C. 3302, up to $42,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That, for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $299,919,000, to remain
available until expended, of which $292,019,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $203,989,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2014 appropriation
estimated at not more than $95,930,000, of which $88,030,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $230,738,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses): Provided further,
That <<NOTE: 42 USC 7276f note.>> for purposes of this appropriation in
this and subsequent Acts, purchase power
[[Page 128 STAT. 172]]
and wheeling expenses includes the cost of voluntary purchases of power
allowances in compliance with state greenhouse gas programs existing at
the time of enactment of this Act.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,330,671, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $4,910,671 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2014 appropriation estimated at not more than $420,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2014, the
Administrator of the Western Area Power Administration may accept up to
$865,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further, That
any such funds shall be available without further appropriation and
without fiscal year limitation for use by the Commissioner of the United
States Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $304,600,000, to remain
available until expended: Provided, That notwithstanding <<NOTE: 42 USC
7171 note.>> any other provision of law, not to exceed $304,600,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2014 shall be retained and used for necessary
expenses in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the general fund
shall be reduced as revenues are received during fiscal year 2014 so as
to result in a final
[[Page 128 STAT. 173]]
fiscal year 2014 appropriation from the general fund estimated at not
more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of the House of Representatives and the Senate at least 3
full business days in advance, none of the funds made available in this
title may be used to--
(A) make a grant allocation or discretionary grant
award totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more,
including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation,
award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make an
allocation, award, or Agreement in excess of the limits
in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of the House of Representatives and the Senate
within 15 days of the conclusion of each quarter a report
detailing each grant allocation or discretionary grant award
totaling less than $1,000,000 provided during the previous
quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient of
the award, the amount of the award, the fiscal year for which
the funds for the award were appropriated, the account and
program, project, or activity from which the funds are being
drawn, the title of the award, and a brief description of the
activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'', enter
into a multiyear contract, award a multiyear grant, or enter into a
multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time of
award; or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of the House of
Representatives and the Senate at least 3 days in advance.
[[Page 128 STAT. 174]]
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be reprogrammed for
any program, project, or activity, and the Department shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 30 days prior to the use of any proposed reprogramming
which would cause any program, project, or activity funding level to
increase or decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate of
any waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of the Intelligence
Authorization Act for fiscal year 2014.
Sec. 304. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is
conducted by the Office of Health, Safety, and Security to ensure the
project is in compliance with nuclear safety requirements.
Sec. 305. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
[[Page 128 STAT. 175]]
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost exceeds
$100,000,000, until a separate independent cost estimate has been
developed for the project for that critical decision.
Sec. 306. (a) Any determination (including a determination made
prior to the date of enactment of this Act) by the Secretary pursuant to
section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
335), as amended, shall be valid for not more than 2 calendar years
subsequent to such determination.
(b) Not less than 30 days prior to the provision of uranium in any
form the Secretary shall notify the House and Senate Committees on
Appropriations of the following:
(1) the amount of uranium to be provided;
(2) an estimate by the Secretary of the gross fair market
value of the uranium on the expected date of the provision of
the uranium;
(3) the expected date of the provision of the uranium;
(4) the recipient of the uranium; and
(5) the value the Secretary expects to receive in exchange
for the uranium, including any adjustments to the gross fair
market value of the uranium.
Sec. 307. Section 20320 of the Continuing Appropriations
Resolution, 2007, Public Law 109-289, division B, as amended by the
Revised Continuing Appropriations Resolution, 2007, Public Law 110-5, is
amended <<NOTE: 42 USC 16515.>> by striking in subsection (c) ``an
annual review'' after ``conduct'' and inserting in lieu thereof ``a
review every three years''.
Sec. 308. None <<NOTE: 42 USC 6862 note.>> of the funds made
available by this or any subsequent Act for fiscal year 2014 or any
fiscal year hereafter may be used to pay the salaries of Department of
Energy employees to carry out the amendments made by section 407 of
division A of the American Recovery and Reinvestment Act of 2009.
Sec. 309. Notwithstanding <<NOTE: 50 USC 2791a note.>> section 307
of Public Law 111-85, of the funds made available by the Department of
Energy for activities at Government-owned, contractor-operated
laboratories funded in this or any subsequent Energy and Water
Development Appropriations Act for any fiscal year, the Secretary may
authorize a specific amount, not to exceed 6 percent of such funds, to
be used by such laboratories for laboratory directed research and
development.
Sec. 310. Notwithstanding section 301(c) of this Act, none of the
funds made available under the heading ``Department of Energy--Energy
Programs--Science'' may be used for a multiyear contract, grant,
cooperative agreement, or Other Transaction Agreement of $1,000,000 or
less unless the contract, grant, cooperative agreement, or Other
Transaction Agreement is funded for the full period of performance as
anticipated at the time of award.
Sec. 311. (a) Not later than June 30, 2014, the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a tritium and enriched uranium management
plan that provides--
(1) an assessment of the national security demand for
tritium and low and highly enriched uranium through 2060;
(2) a description of the Department of Energy's plan to
provide adequate amounts of tritium and enriched uranium for
national security purposes through 2060; and
[[Page 128 STAT. 176]]
(3) an analysis of planned and alternative technologies
which are available to meet the supply needs for tritium and
enriched uranium for national security purposes, including
weapons dismantlement and down-blending.
(b) The analysis provided by (a)(3) shall include a detailed
estimate of the near- and long-term costs to the Department of Energy
should the Tennessee Valley Authority no longer be a viable tritium
supplier.
Sec. 312. The Secretary of Energy shall submit to the congressional
defense committees (as defined in U.S.C. 101(a)(16)), a report on each
major warhead refurbishment program that reaches the Phase 6.3
milestone, and not later than April 1, 2014 for the B61-12 life
extension program, that provides an analysis of alternatives which
includes--
(1) a full description of alternatives considered prior to
the award of Phase 6.3;
(2) a comparison of the costs and benefits of each of those
alternatives, to include an analysis of trade-offs among cost,
schedule, and performance objectives against each alternative
considered;
(3) identification of the cost and risk of critical
technology elements associated with each alternative, including
technology maturity, integration risk, manufacturing
feasibility, and demonstration needs;
(4) identification of the cost and risk of additional
capital asset and infrastructure capabilities required to
support production and certification of each alternative;
(5) a comparative analysis of the risks, costs, and
scheduling needs for any military requirement intended to
enhance warhead safety, security, or maintainability, including
any requirement to consolidate and/or integrate warhead systems
or mods as compared to at least one other feasible refurbishment
alternative the Nuclear Weapons Council considers appropriate;
and
(6) a life-cycle cost estimate for the alternative selected
that details the overall cost, scope, and schedule planning
assumptions. For the B61-12 life extension program, the life
cycle cost estimate shall include an analysis of reduced life
cycle costs for Option 3b, including cost savings from
consolidating the different B61 variants.
Sec. 313. (a) <<NOTE: 42 USC 7231 note.>> In General.--Subject to
subsections (b) through (d), the Secretary may appoint, without regard
to the provisions of chapter 33 of title 5, United States Code,
governing appointments in the competitive service, exceptionally well
qualified individuals to scientific, engineering, or other critical
technical positions.
(b) Limitations.--
(1) Number of positions.--The number of critical positions
authorized by subsection (a) may not exceed 120 at any one time
in the Department.
(2) Term.--The term of an appointment under subsection (a)
may not exceed 4 years.
(3) Prior employment.--An individual appointed under
subsection (a) shall not have been a Department employee during
the 2-year period ending on the date of appointment.
(4) Pay.--
(A) In general.--The Secretary shall have the
authority to fix the basic pay of an individual
appointed
[[Page 128 STAT. 177]]
under subsection (a) at a rate to be determined by the
Secretary up to level I of the Executive Schedule
without regard to the civil service laws.
(B) Total annual compensation.--The total annual
compensation for any individual appointed under
subsection (a) may not exceed the highest total annual
compensation payable at the rate determined under
section 104 of title 3, United States Code.
(5) Adverse actions.--An individual appointed under
subsection (a) may not be considered to be an employee for
purposes of subchapter II of chapter 75 of title 5, United
States Code.
(c) Requirements.--
(1) In general.--The Secretary shall ensure that--
(A) the exercise of the authority granted under
subsection (a) is consistent with the merit principles
of section 2301 of title 5, United States Code; and
(B) the Department notifies diverse professional
associations and institutions of higher education,
including those serving the interests of women and
racial or ethnic minorities that are underrepresented in
scientific, engineering, and mathematical fields, of
position openings as appropriate.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary and the Director of the
Office of Personnel Management shall submit to Congress a report
on the use of the authority provided under this section that
includes, at a minimum, a description or analysis of--
(A) the ability to attract exceptionally well
qualified scientists, engineers, and technical
personnel;
(B) the amount of total compensation paid each
employee hired under the authority each calendar year;
and
(C) whether additional safeguards or measures are
necessary to carry out the authority and, if so, what
action, if any, has been taken to implement the
safeguards or measures.
(d) Termination of Effectiveness.--The authority provided by this
section terminates effective on the date that is 4 years after the date
of enactment of this Act.
Sec. 314. Section 804 of Public Law 110-140 (42 U.S.C. 17283) is
hereby repealed.
Sec. 315. Section 205 of Public Law 95-91 (42 U.S.C. 7135), as
amended, is hereby further amended:
(1) in paragraph (i)(1) by striking ``once every two years''
and inserting ``once every four years''; and
(2) in paragraph (k)(1) by striking ``once every three
years'' and inserting ``once every four years''.
Sec. 316. Notwithstanding any other provision of law, the
Department may use funds appropriated by this title to carry out a study
regarding the conversion to contractor performance of any function
performed by Federal employees at the New Brunswick Laboratory, pursuant
to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 317. Of the amounts appropriated for non-defense programs in
this title, $7,000,000 are hereby reduced to reflect savings
[[Page 128 STAT. 178]]
from limiting foreign travel for contractors working for the Department
of Energy, consistent with similar savings achieved for Federal
employees. The Department shall allocate the reduction among the non-
security appropriations made in this title.
Sec. 318. Section 15(g) of Public Law 85-536 (15 U.S.C. 644), as
amended, is hereby further amended by inserting the following at the
end: ``(3) First tier subcontracts that are awarded by Management and
Operating contractors sponsored by the Department of Energy to small
business concerns, small businesses concerns owned and controlled by
service disabled veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by socially and
economically disadvantaged individuals, and small business concerns
owned and controlled by women, shall be considered toward the annually
established agency and Government-wide goals for procurement contracts
awarded.''.
Sec. 319. (a) Establishment.--The Secretary shall establish an
independent commission to be known as the ``Commission to Review the
Effectiveness of the National Energy Laboratories.'' The National Energy
Laboratories refers to all Department of Energy and National Nuclear
Security Administration national laboratories.
(b) Members.--
(1) The Commission shall be composed of nine members who
shall be appointed by the Secretary of Energy not later than May
1, 2014, from among persons nominated by the President's Council
of Advisors on Science and Technology.
(2) The President's Council of Advisors on Science and
Technology shall, not later than March 15, 2014, nominate not
less than 18 persons for appointment to the Commission from
among persons who meet qualification described in paragraph (3).
(3) Each person nominated for appointment to the Commission
shall--
(A) be eminent in a field of science or engineering;
and/or
(B) have expertise in managing scientific
facilities; and/or
(C) have expertise in cost and/or program analysis;
and
(D) have an established record of distinguished
service.
(4) The membership of the Commission shall be representative
of the broad range of scientific, engineering, financial, and
managerial disciplines related to activities under this title.
(5) No person shall be nominated for appointment to the
Board who is an employee of--
(A) the Department of Energy;
(B) a national laboratory or site under contract
with the Department of Energy;
(C) a managing entity or parent company for a
national laboratory or site under contract with the
Department of Energy; or
(D) an entity performing scientific and engineering
activities under contract with the Department of Energy.
(c) Commission Review and Recommendations.--
(1) The Commission shall, by no later than February 1, 2015,
transmit to the Secretary of Energy and the Committees on
Appropriations of the House of Representatives and the
[[Page 128 STAT. 179]]
Senate a report containing the Commission's findings and
conclusions.
(2) The Commission shall address whether the Department of
Energy's national laboratories--
(A) are properly aligned with the Department's
strategic priorities;
(B) have clear, well understood, and properly
balanced missions that are not unnecessarily redundant
and duplicative;
(C) have unique capabilities that have sufficiently
evolved to meet current and future energy and national
security challenges;
(D) are appropriately sized to meet the Department's
energy and national security missions; and
(E) are appropriately supporting other Federal
agencies and the extent to which it benefits DOE
missions.
(3) The Commission shall also determine whether there are
opportunities to more effectively and efficiently use the
capabilities of the national laboratories, including
consolidation and realignment, reducing overhead costs,
reevaluating governance models using industrial and academic
bench marks for comparison, and assessing the impact of DOE's
oversight and management approach. In its evaluation, the
Commission should also consider the cost and effectiveness of
using other research, development, and technology centers and
universities as an alternative to meeting DOE's energy and
national security goals.
(4) The Commission shall analyze the effectiveness of the
use of laboratory directed research and development (LDRD) to
meet the Department of Energy's science, energy, and national
security goals. The Commission shall further evaluate the
effectiveness of the Department's oversight approach to ensure
LDRD-funded projects are compliant with statutory requirements
and congressional direction, including requirements that LDRD
projects be distinct from projects directly funded by
appropriations and that LDRD projects derived from the
Department's national security programs support the national
security mission of the Department of Energy. Finally, the
Commission shall quantify the extent to which LDRD funding
supports recruiting and retention of qualified staff.
(5) The Commission's charge may be modified or expanded upon
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
(d) Response by the Secretary of Energy.--
(1) The Secretary of Energy shall, by no later than April 1,
2015, transmit to Committees on Appropriations of the House of
Representatives and the Senate a report containing the
Secretary's approval or disapproval of the Commission's
recommendations and an implementation plan for approved
recommendations.
Sec. 320. The Committees on Appropriations of the House of
Representatives and the Senate shall receive a 30-day advance
notification with a detailed explanation of any waiver or adjustment
made by the National Nuclear Security Administration's Fee Determining
Official to at-risk award fees for Management and Operating contractors
that result in award term extensions.
[[Page 128 STAT. 180]]
Sec. 321. To further the research, development, and demonstration
of national nuclear security-related enrichment technologies, the
Secretary of Energy may transfer up to $56,650,000 of funding made
available in this title under the heading ``National Nuclear Security
Administration'' to ``National Nuclear Security Administration, Weapons
Activities'' not earlier than 30 days after the Secretary provides to
the Committees on Appropriations of the House of Representatives and the
Senate a cost-benefit analysis of available and prospective domestic
enrichment technologies for national security needs, the scope,
schedule, and cost of his preferred option, and after congressional
notification and approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 322. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to
BPAR incandescent reflector lamps, BR incandescent reflector
lamps, and ER incandescent reflector lamps.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for necessary expenses for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $80,317,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $28,000,000, to
remain available until September 30, 2015.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of
said Act, $12,000,000, to remain available until expended.
[[Page 128 STAT. 181]]
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $10,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission in
carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, including official representation expenses not to exceed
$25,000, $1,043,937,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2015,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the Commission:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $920,721,000
in fiscal year 2014 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2014 so as to result in a final fiscal year 2014
appropriation estimated at not more than $123,216,000: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in areas
relevant to their respective organization's mission, and $5,000,000
shall be for a Nuclear Science and Engineering Grant
[[Page 128 STAT. 182]]
Program that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$11,955,000, of which $850,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board, to remain available
until September 30, 2015: Provided, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$9,994,000 in fiscal year 2014 shall be retained and be available until
September 30, 2015, for necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2014 so as to result in a final
fiscal year 2014 appropriation estimated at not more than $1,961,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,400,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2015.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act, $1,000,000, to remain available until
September 30, 2015: Provided, That any fees, charges, or commissions
received pursuant to section 106(h) of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720d(h)) in fiscal year 2014 in excess of $2,402,000
shall not be available for obligation until appropriated in a subsequent
Act of Congress.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. Notwithstanding <<NOTE: 42 USC 2286l.>> any other
provision of law, the Inspector General of the Nuclear Regulatory
Commission is authorized in this and subsequent years to exercise the
same authorities with respect to the Defense Nuclear Facilities Safety
Board, as determined by the Inspector General of the Nuclear Regulatory
Commission, as the Inspector General exercises under the Inspector
General Act of 1978 (5 U.S.C. App.) with respect to the Nuclear
Regulatory Commission.
Sec. 402. The Chairman of the Nuclear Regulatory Commission shall
notify the other members of the Commission, the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate, not later
than 1 day after the Chairman begins performing functions under the
authority of section 3 of Reorganization
[[Page 128 STAT. 183]]
Plan No. 1 of 1980, or after a member of the Commission who was
delegated emergency functions under subsection (b) of that section
begins performing those functions. Such notification shall include an
explanation of the circumstances warranting the exercise of such
authority. The Chairman shall report to the Committees, not less
frequently than once each week, on the actions taken by the Chairman, or
a delegated member of the Commission, under such authority, until the
authority is relinquished. The Chairman shall notify the Committees not
later than 1 day after such authority is relinquished. The Chairman
shall submit the report required by section 3(d) of the Reorganization
Plan No. 1 of 1980 to the Committees not later than 1 day after it was
submitted to the Commission.
Sec. 403. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 503. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 504. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated
[[Page 128 STAT. 184]]
Act), or any authority whereby a department, agency, or instrumentality
of the United States Government may provide goods or services to another
department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in this Act
utilizing any transfer authority shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the United
States Government may provide goods or services to another department,
agency, or instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts transferred and the
purposes for which they were transferred, and shall not replace or
modify existing notification requirements for each authority.
Sec. 505. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2014''.
DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2014. Department of the Treasury Appropriations Act,
2014.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
including for terrorism and financial intelligence activities; executive
direction program activities; international affairs and economic policy
activities; domestic finance and tax policy activities; and Treasury-
wide management policies and programs activities, $312,400,000:
Provided, That of the amount appropriated under this heading--
(1) the following amounts shall be available as provided:
(A) $102,000,000 for the Office of Terrorism and
Financial Intelligence, of which not to exceed
$26,000,000 is available for administrative expenses;
[[Page 128 STAT. 185]]
(B) not to exceed $350,000 for official reception
and representation expenses;
(C) not to exceed $258,000 for unforeseen
emergencies of a confidential nature to be allocated and
expended under the direction of the Secretary of the
Treasury and to be accounted for solely on the
Secretary's certificate; and
(D) notwithstanding any other provision of law, up
to $1,000,000 may be contributed to the Organization for
Economic Cooperation and Development for the
Department's participation in programs related to global
tax administration;
(2) $19,187,000 shall remain available until September 30,
2015, of which $8,287,000 is available for the Treasury-wide
Financial Statement Audit and Internal Control Program;
$3,000,000 is for information technology modernization
requirements; $500,000 is for secure space requirements; and
$7,400,000 is for audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund; and
(3) up to $3,400,000 shall remain available until September
30, 2016, to develop and implement programs within the Office of
Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $2,725,000, to remain
available until September 30, 2016: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,800,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which not to exceed $2,500
shall be available for official reception and representation expenses;
and of which $2,800,000 shall be for audits and investigations conducted
pursuant to section 1608 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note).
[[Page 128 STAT. 186]]
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Inspector General for Tax Administration;
$156,375,000, of which $5,000,000 shall remain available until September
30, 2015; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $34,923,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $14,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $112,000,000, of
which not to exceed $34,335,000 shall remain available until September
30, 2016.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$736,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $360,165,000; of which not to exceed $4,210,000, to remain
available until September 30, 2016, is for information systems
modernization initiatives; of which $8,740,000 shall remain
[[Page 128 STAT. 187]]
available until September 30, 2016 for expenses related to the
consolidation of the Financial Management Service and the Bureau of the
Public Debt; and of which $5,000 shall be available for official
reception and representation expenses. In addition, $165,000, to be
derived from the Oil Spill Liability Trust Fund to reimburse
administrative and personnel expenses for financial management of the
Fund, as authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000 shall be for the costs of criminal enforcement
activities and special law enforcement agents for targeting tobacco
smuggling and other criminal diversion activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2014 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $19,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
EX-3, $226,000,000, to remain available until September 30, 2015; of
which $15,000,000 shall be for financial assistance, technical
assistance, training and outreach programs, designed to benefit Native
American, Native Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender organizations
with experience and expertise in community development banking and
lending in Indian country, Native American organizations, tribes and
tribal organizations and other suitable providers; of which,
notwithstanding sections 4707(d) and 4707(e) of title 12, United States
Code, up to $22,000,000 shall be for a Healthy Food Financing Initiative
to
[[Page 128 STAT. 188]]
provide financial assistance, technical assistance, training, and
outreach to community development financial institutions for the purpose
of offering affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities; of which
$18,000,000 shall be for the Bank Enterprise Award program; of which up
to $24,636,000 may be used for administrative expenses, including
administration of the New Markets Tax Credit Program and the CDFI Bond
Guarantee Program, $1,000,000 for capacity building to expand CDFI
investments in underserved areas, and up to $300,000 for the direct loan
program; and of which up to $2,222,500 may be used for the cost of
direct loans: Provided, That the cost of direct loans, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided further, That during
fiscal year 2014, commitments to guarantee bonds and notes under section
114A of the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4701 et seq.) shall not exceed $750,000,000:
Provided further, That no funds shall be available for the cost, if any,
of bonds and notes guaranteed under such section, as defined in section
502 of the Congressional Budget Act of 1974.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,122,554,000, of which not less than $5,600,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$10,000,000 shall be available for low-income taxpayer clinic grants, of
which not less than $12,000,000, to remain available until September 30,
2015, shall be available for a Community Volunteer Income Tax Assistance
matching grants program for tax return preparation assistance, of which
not less than $203,000,000 shall be available for operating expenses of
the Taxpayer Advocate Service: Provided, That of the amounts made
available for the Taxpayer Advocate Service, not less than $5,000,000
shall be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase (for police-type use, not to
exceed 850) and hire passenger motor vehicles (31 U.S.C. 1343(b)), and
to provide other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner, $5,022,178,000, of which not
less than $200,000 shall be for intensive training of employees in the
Exempt Organizations Unit and of which not less than $60,257,000 shall
be for the Interagency Crime and Drug Enforcement program.
[[Page 128 STAT. 189]]
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,740,942,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2015, for information technology
support; of which not to exceed $65,000,000 shall remain available until
expended for acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000 shall remain
available until September 30, 2016, for research; of which not less than
$2,000,000 shall be for the Internal Revenue Service Oversight Board; of
which not to exceed $25,000 shall be for official reception and
representation expenses: Provided, That <<NOTE: 26 USC 7801 note.>>
not later than 30 days after the end of each quarter, the Internal
Revenue Service shall submit a report to the House and Senate Committees
on Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for its major information
technology investments, including the purpose and life-cycle stages of
the investments; the reasons for any cost and schedule variances; the
risks of such investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its budget
justification for fiscal year 2015, a summary of cost and schedule
performance information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $312,938,000, to remain available until
September 30, 2016, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized
by <<NOTE: 26 USC 7801 note.>> 5 U.S.C. 3109: Provided, That not later
than 30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the House and Senate Committees on
Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for CADE2 and Modernized e-
File information technology investments, including the purposes and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
[[Page 128 STAT. 190]]
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory scrutiny
based on their ideological beliefs.
Sec. 109. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $92,000,000, to be available
until September 30, 2015, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely to improve the delivery of services to taxpayers, to improve
the identification and prevention of refund fraud and identity theft,
and to address international and offshore compliance issues: Provided,
That such funds shall supplement, not supplant any other amounts made
available by the Internal Revenue Service for such purpose: Provided
further, That such funds shall not be available until the Commissioner
[[Page 128 STAT. 191]]
submits to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds: Provided
further, That such funds shall not be used to support any provision of
Public Law 111-148, Public Law 111-152, or any amendment made by either
such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 110. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 111. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--Salaries
and Expenses'', ``Office of Inspector General'', ``Special Inspector
General for the Troubled Asset Relief Program'', ``Financial Crimes
Enforcement Network'', ``Bureau of the Fiscal Service'', and ``Alcohol
and Tobacco Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 112. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That no transfer may
increase or decrease any such appropriation by more than 2 percent.
Sec. 113. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 114. The Secretary of the Treasury may transfer funds from the
Bureau of the Fiscal Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
[[Page 128 STAT. 192]]
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 117. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2014 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2014.
Sec. 118. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 119. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, the Working Capital Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 120. (a) Not later than 2 weeks after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the House and the Senate
Committees on Appropriations, the Committee on Financial Services of the
House of Representatives and the Senate Committee on Banking, Housing,
and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 121. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to
[[Page 128 STAT. 193]]
each office by the Working Capital Fund including the amount charged for
each service provided by the Working Capital Fund to each office and a
detailed explanation of how each charge for each service is calculated.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2014''.
TITLE <<NOTE: Executive Office of the President Appropriations Act,
2014.>> II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,700,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense
[[Page 128 STAT. 194]]
under this paragraph is submitted to the person owing such amount within
60 days after such expense is incurred, and that such amount is
collected within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not reimbursed
within such 30 days, in accordance with the interest and penalty
provisions applicable to an outstanding debt on a United States
Government claim under 31 U.S.C. 3717: Provided further, That each such
amount that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Provided
further, That the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $750,000, to remain available until
expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,184,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,600,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
[[Page 128 STAT. 195]]
107, and hire of passenger motor vehicles, $112,726,000, of which not to
exceed $12,006,000 shall remain available until expended for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $89,300,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been transmitted to the
appropriate authorizing and appropriating committees within 15 days
after the end of the Office of Management and Budget review period based
on the notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $22,750,000:
Provided, That <<NOTE: 21 USC 1702 note.>> the Office is authorized to
accept, hold,
[[Page 128 STAT. 196]]
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $238,522,000, to
remain available until September 30, 2015, for drug control activities
consistent with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas (``HIDTAs''), of which not less than 51
percent shall be transferred to State and local entities for drug
control activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts determined by
the Director of the Office of National Drug Control Policy, of which up
to $2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal year
2012 may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2013, shall be funded at not less
than the fiscal year 2013 base level, unless the Director submits to the
Committees on Appropriations of the House of Representatives and the
Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2014 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as determined
in consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $105,394,000, to remain available until expended, which shall
be available as follows: $92,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $1,400,000 for drug court training and technical
assistance; $8,750,000 for anti-doping activities; $1,994,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of Public
Law 109-469: Provided, That amounts made available under this heading
may be transferred to other Federal departments and agencies to carry
out such activities.
[[Page 128 STAT. 197]]
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $8,000,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes: Provided further, That the Director of the Office of
Management and Budget shall submit quarterly reports not later than 45
days after the end of each quarter to the Committees on Appropriations
of the House of Representatives and the Senate and the Government
Accountability Office identifying the savings achieved by the Office of
Management and Budget's government-wide information technology reform
efforts: Provided further, That such reports shall include savings
identified by fiscal year, agency, and appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $800,000, to remain available until
September 30, 2015.
Data-Driven Innovation
(including transfer of funds)
For necessary expenses to improve the use of data and evidence to
improve government effectiveness and efficiency, $2,000,000, to remain
available until expended, for projects that enable Federal agencies to
increase the use of evidence and innovation in order to improve program
results and cost-effectiveness by utilizing rigorous evaluation and
other evidence-based tools: Provided, That the Director of the Office
of Management and Budget shall transfer these funds to one or more other
agencies to carry out projects to meet these purposes and to conduct or
provide for evaluation of such projects: Provided further, That the
Office of Management and Budget shall submit a progress report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Government Accountability Office not later than March 31,
2014 and semiannually thereafter until the program is completed,
including detailed information on goals, objectives, performance
measures, and evaluations of the program in general and of each specific
project.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106,
[[Page 128 STAT. 198]]
which shall be expended and accounted for as provided in that section;
and hire of passenger motor vehicles, $4,319,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $305,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'', ``White
House Repair and Restoration'', ``Council of Economic Advisers'',
``National Security Council and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the President may
designate in writing), may, with advance approval of the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2016, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
[[Page 128 STAT. 199]]
(2) the estimated receipts through fiscal year 2016 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
Sec. 203. The Director of the Office of National Drug Control
Policy shall submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of more than
20 percent of the funds appropriated in any account under the heading
``Office of National Drug Control Policy'', a detailed narrative and
financial plan on the proposed uses of all funds under the account by
program, project, and activity: Provided, That the reports required by
this section shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information detailing
how the estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and changes in funding
of ongoing projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 204. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 205. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2014''.
TITLE <<NOTE: Judiciary Appropriations Act, 2014.>> III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $72,625,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon
[[Page 128 STAT. 200]]
the Architect by 40 U.S.C. 6111 and 6112, $11,158,000, to remain
available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $29,600,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $19,200,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,658,830,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects; and of which not to exceed $50,000,000 shall remain available
until September 30, 2015, for cost containment initiatives: Provided,
That the amount provided for cost containment initiatives shall not be
available for obligation until the Director of the Administrative Office
of the United States Courts submits a report to the Committees on
Appropriations of the House of Representatives and the Senate showing
that the estimated cost savings resulting from the initiatives will
exceed the estimated amounts obligated for the initiatives.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,327,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
[[Page 128 STAT. 201]]
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,044,394,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $53,891,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$497,500,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
[[Page 128 STAT. 202]]
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $81,200,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $26,200,000; of which $1,800,000 shall remain
available through September 30, 2015, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,200,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of
[[Page 128 STAT. 203]]
the Administrative Office of the United States Courts in the capacity as
Secretary of the Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall be
applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. The <<NOTE: 41 USC 3902 note.>> Supreme Court of the
United States, the Federal Judicial Center, and the United States
Sentencing Commission are hereby authorized, now and hereafter, to enter
into contracts for the acquisition of severable services for a period
that begins in one fiscal year and ends in the next fiscal year and to
enter into contracts for multiple years for the acquisition of property
and services, to the same extent as executive agencies under the
authority of 41 U.S.C. sections 3902 and 3903, respectively.
Sec. 307. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph (12)--
(1) in the second sentence (relating to the District of
Kansas), by striking ``22 years and 6 months'' and inserting
``23 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``19 years and 6 months'' and inserting
``20 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``20 years and 6 months'' and
inserting ``21 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``11 years'' and
inserting ``12 years''; and
(2) in the second sentence (relating to the central District
of California), by striking ``10 years and 6 months'' and
inserting ``11 years and 6 months''.
This title may be cited as the ``Judiciary Appropriations Act,
2014''.
[[Page 128 STAT. 204]]
TITLE <<NOTE: District of Columbia Appropriations Act, 2014.>> IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the House of
Representatives and the Senate for these funds showing, by object class,
the expenditures made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$23,800,000, to remain available until expended, to be allocated as
follows: $14,880,000, for the costs of providing public safety at events
related to the presence of the National Capital in the District of
Columbia, including support requested by the Director of the United
States Secret Service in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions; and
$8,920,000 for reimbursement of the costs of providing public safety
associated with the 57th Presidential Inauguration.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$232,812,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $13,374,000, of which not to exceed $2,500 is
[[Page 128 STAT. 205]]
for official reception and representation expenses; for the District of
Columbia Superior Court, $114,921,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $69,155,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $35,362,000, to
remain available until September 30, 2015, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and building evaluation
report: Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $6,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration in
the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for individuals serving the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $49,890,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That, notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of
[[Page 128 STAT. 206]]
1997, $226,484,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Supervision
and Pretrial Services Agency programs; of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $167,269,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to the supervision of adults subject to protection orders or the
provision of services for or related to such persons; and of which
$59,215,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That not less than $1,000,000 shall be available for
re-entrant housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and
defendant programs; and equipment, supplies, and vocational training
services necessary to sustain, educate, and train offenders and
defendants, including their dependent children: Provided further, That
the Director shall keep accurate and detailed records of the acceptance
and use of any gift or donation under the previous proviso, and shall
make such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the District
of Columbia Government for space and services provided on a cost
reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $40,607,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code, and in
addition to the authority provided by the District of Columbia Code
Section 2-1607(b), upon approval of the Board of Trustees, the District
of Columbia Public Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or facilitating the
work of the District of Columbia Public Defender Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
[[Page 128 STAT. 207]]
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,800,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2015,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $48,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10).
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2014
Budget Request Act of 2013 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2014 under this heading shall not
exceed the estimates included in the Fiscal Year 2014 Budget Request Act
of 2013 submitted to Congress by the District of Columbia as amended as
of the date of enactment of this Act or the sum of the total revenues of
the District of Columbia for such fiscal year: Provided further, That
the amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs:
[[Page 128 STAT. 208]]
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2014, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2014''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,000,000, to remain
available until September 30, 2015, of which not to exceed $1,000 is for
official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $150,000, to remain
available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $118,000,000, of which
$1,000,000 shall remain available until expended to carry out the
program required by section 1405 of the Virginia Graeme Baker Pool and
Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. The Virginia Graeme Baker Pool and Spa Safety Act (15
U.S.C. 8001 et seq.) is amended--
(1) in section 1405 (15 U.S.C. 8004)--
[[Page 128 STAT. 209]]
(A) in subsection (b)(1)(A), by striking ``all
swimming pools constructed after the date that is 6
months after the date of enactment of the Financial
Services and General Government Appropriations Act, 2012
in the State'' and inserting ``all swimming pools
constructed in the State after the date the State
submits an application to the Commission for a grant
under this section''; and
(B) in subsection (e)--
(i) by striking the first sentence and
inserting the following: ``There is authorized to
be appropriated to the Commission such sums as may
be necessary to carry out this section through
fiscal year 2016.''; and
(ii) in the second sentence, by striking
``fiscal year 2012'' and inserting ``fiscal year
2016''; and
(2) in section 1406(a) (15 U.S.C. 8005(a))--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``and'' after
the semicolon;
(ii) by striking clauses (ii), (iv) and (v)
and redesignating clause (iii) as clause (ii); and
(iii) in clause (ii)(III) (as so
redesignated), by inserting ``and'' after the
semicolon;
(B) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively; and
(C) in paragraph (3) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraph
(1)(B)''.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $10,000,000, of which $1,900,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000, to remain available until expended: Provided, That
of which not less than $300,000 shall be available for consultation with
federally recognized Indian tribes, Alaska Native villages, and entities
related to Hawaiian Home Lands: Provided further, That $339,844,000 of
offsetting collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses and shall remain available
until expended: Provided further, That the sum herein appropriated
shall
[[Page 128 STAT. 210]]
be reduced as such offsetting collections are received during fiscal
year 2014 so as to result in a final fiscal year 2014 appropriation
estimated at $0: Provided further, That any offsetting collections
received in excess of $339,844,000 in fiscal year 2014 shall not be
available for obligation: Provided further, That remaining offsetting
collections from prior years collected in excess of the amount specified
for collection in each such year and otherwise becoming available on
October 1, 2013, shall not be available for obligation: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and made
available for obligation shall not exceed $98,700,000 for fiscal year
2014: Provided further, That of the amount appropriated under this
heading, not less than $11,090,000 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``January 15, 2014'',
each place it appears and inserting ``December 31, 2015''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $65,791,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500)
[[Page 128 STAT. 211]]
and rental of conference rooms in the District of Columbia and
elsewhere, $25,500,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per diem in lieu
of subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as authorized
by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C.
3302, funds received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to and merged
with this account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $298,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $103,300,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $15,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2014, so as to result in a final fiscal year
2014 appropriation from the general fund estimated at not more than
$179,700,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund shall be available for necessary expenses of
[[Page 128 STAT. 212]]
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally owned
and leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $9,370,042,000, of which: (1) $506,178,000 shall
remain available until expended for construction and acquisition
(including funds for sites and expenses, and associated design and
construction services) of additional projects at the following
locations:
New Construction:
California:
San Ysidro, United States Land Port of Entry,
$128,300,000.
Colorado:
Lakewood, Denver Federal Center, $13,938,000.
District of Columbia:
Washington, DHS Consolidation at St.
Elizabeths, $155,000,000.
Puerto Rico:
San Juan, Federal Bureau of Investigation,
$85,301,000.
Texas:
Laredo, United States Land Port of Entry,
$25,786,000.
Virginia:
Winchester, FBI Central Records Complex,
$97,853,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent that
savings are effected in other such projects, but not to exceed 10
percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That all funds
for direct construction projects shall expire on September 30, 2015, and
remain in the Federal Buildings Fund, except for funds for projects as
to which funds for design or other funds have been obligated in whole or
in part prior to such date; (2) $1,076,823,000 shall remain available
until expended for repairs and alterations, which includes associated
design and construction services; of which $593,288,000 is for Major
Repairs and Alterations; $378,535,000 is for Basic Repairs and
Alterations; and $105,000,000 is for Special Emphasis Programs:
Energy and Water Retrofit and Conservation Measures,
$5,000,000.
[[Page 128 STAT. 213]]
Fire and Life Safety Program, $30,000,000.
Consolidation Activities, $70,000,000:
Provided, That consolidation projects result in reduced annual rent
paid by the tenant agency: Provided further, That no consolidation
project exceed $20,000,000 in costs: Provided further, That
consolidation projects are approved by each of the committees specified
in section 3307(a) of title 40, United States Code: Provided further,
That preference is given to consolidation projects that achieve a
utilization rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under this
paragraph for consolidation activities may not be made until 10 days
after a proposed spending plan and explanation for each project to be
undertaken has been submitted to the Committees on Appropriations of the
House of Representatives and the Senate:
Provided further, That of the total amount under this heading,
$69,500,000 shall be available for new construction and repair to meet
the housing requirements of the Judiciary's Southern District in Mobile,
Alabama: Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further, That all
funds for repairs and alterations prospectus projects shall expire on
September 30, 2015 and remain in the Federal Buildings Fund except funds
for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further,
That the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $109,000,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$5,387,109,000 for rental of space which shall remain available until
expended; and (5) $2,221,432,000 for building operations to remain
available until expended, of which $1,158,869,000 is for building
services, and $1,062,563,000 is for salaries and expenses: Provided
further, That not to exceed 5 percent of any appropriation made
available under this heading for building operations may be transferred
between and merged with such appropriations upon notification to the
Committees on Appropriations of the House of Representatives and
[[Page 128 STAT. 214]]
the Senate, but no such appropriation shall be increased by more than 5
percent by any such transfers: Provided further, That section 521 of
this title shall not apply with respect to funds made available under
this heading for building operations: Provided further, That funds
available to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a), has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2014, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of
the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109; $63,466,000,
of which $28,000,000 is for Real and Personal Property Management and
Disposal; $26,500,000 is for the Office of the Administrator, of which
not to exceed $7,500 is for official reception and representation
expenses; and $8,966,000 is for the Civilian Board of Contract Appeals:
Provided further, That not to exceed 5 percent of the appropriation made
available under this heading for Office of the Administrator may be
transferred to the appropriation for the Real and Personal Property
Management and Disposal upon notification to the Committees on
Appropriations of the House of Representatives and the Senate,
[[Page 128 STAT. 215]]
but the appropriation for the Real and Personal Property Management and
Disposal may not be increased by more than 5 percent by any such
transfer.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000 is
available until expended: Provided, That not to exceed $50,000 shall be
available for payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in enhanced
Office of Inspector General effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$16,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purpose of
the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and explanation for each project to be undertaken
has been submitted to the Committees on Appropriations of the House of
Representatives and the Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,550,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323,
$34,804,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the appropriations, revenues, and collections deposited
into the Fund shall be available for necessary expenses of Federal
Citizen Services activities in the aggregate amount not to exceed
$90,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2014 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
[[Page 128 STAT. 216]]
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2014 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2015
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $750,000, to remain
available until expended.
[[Page 128 STAT. 217]]
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $42,740,000, to remain available until
September 30, 2015, together with not to exceed $2,345,000, to remain
available until September 30, 2015, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board: Provided, That section 1204 of title 5,
United States Code, is amended by adding at the end the following:
``(n) The Board may accept and use gifts and donations of property
and services to carry out the duties of the Board.''.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $2,100,000, to remain available until expended, of
which, notwithstanding sections 8 and 9 of such Act: (1) up to $50,000
shall be used to conduct financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities authorized by
section 6(7) of Public Law 102-259 and section 817(a) of Public Law 106-
568 (20 U.S.C. 5604(7)): Provided, That of the total amount made
available under this heading $200,000 shall be transferred to the Office
of Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Morris K.
Udall and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,400,000, to remain available until expended.
[[Page 128 STAT. 218]]
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $370,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,130,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $8,000,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $4,500,000, to
remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2014, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2014 shall not exceed
$1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be
available until September 30, 2015, for technical assistance to low-
income designated credit unions.
[[Page 128 STAT. 219]]
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $15,325,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of OPM and the Federal
Bureau of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem and/or
subsistence allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of duty,
$95,757,000, of which $5,704,000 shall remain available until expended
for the Enterprise Human Resources Integration project, of which
$642,000 may be for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the
recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce effectiveness
or for management solutions to improve acquisition management, and of
which $1,345,000 shall remain available until expended for the Human
Resources Line of Business project; and in addition $118,578,000 for
administrative expenses, to be transferred from the appropriate trust
funds of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs of which $2,600,000 shall remain available until expended for a
retirement case management system: Provided, That the provisions of
this appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of
title 5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2014, accept donations of money, property, and personal
services: Provided further, That such donations, including those from
[[Page 128 STAT. 220]]
prior years, may be used for the development of publicity materials to
provide information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,684,000, and in addition, not to exceed $21,340,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General and in addition, not to exceed $6,600,000 as determined by the
Inspector General, for administrative expenses to audit, investigate,
and provide other oversight of the activities of the revolving fund
established under section 1304(e) of title 5, United States Code, and
the programs and activities of the Office of Personnel Management
carried out using amounts made available from such revolving fund, to be
transferred from such revolving fund: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law 107-
304, the Whistleblower Protection Enhancement Act of 2012 (Public Law
112-199), and the Uniformed Services Employment and Reemployment Rights
Act of 1994 (Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $20,639,000: Provided, That, notwithstanding
any other provision of law, not to exceed $125,000 of available balances
of expired fiscal year 2009 through fiscal year 2013 appropriations
provided under this heading shall be available for any obligation
incurred in fiscal year 2014.
[[Page 128 STAT. 221]]
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $14,152,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $3,100,000, to
remain available until September 30, 2015.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and
to develop and test information technology resources and oversight
mechanisms to enhance transparency of and detect and remediate waste,
fraud, and abuse in Federal spending, and to develop and use information
technology resources and oversight mechanisms to detect and remediate
waste, fraud, and abuse in obligation and expenditure of funds as
described in section 904(d) of the Disaster Relief Appropriations Act,
2013 (Public Law 113-2), which shall be administered under the terms and
conditions of the accountability authorities of title XV of Public Law
111-5, $20,000,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,350,000,000, to remain available until
expended; of which not less than $7,092,000 shall be for the Office of
Inspector General; of which not to exceed $50,000 shall be available for
a permanent secretariat for the International Organization of Securities
Commissions; of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations and staffs to exchange views concerning securities matters,
such expenses to include necessary logistic and administrative expenses
[[Page 128 STAT. 222]]
and the expenses of Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel and
transportation; and (3) related lodging or subsistence; and of which not
less than $44,353,000 shall be for the Division of Economic and Risk
Analysis: Provided, That fees and charges authorized by section 31 of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited
to this account as offsetting collections: Provided further, That not
to exceed $1,350,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this account:
Provided further, That the total amount appropriated under this heading
from the general fund for fiscal year 2014 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2014 appropriation from the general fund estimated at not more than
$0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development as authorized by Public Law 108-447,
$196,165,000: Provided, That $113,625,000 shall be available to fund
grants for performance in fiscal year 2014 or fiscal year 2015 as
authorized by section 21 of the Small Business Act, to remain available
until September 30, 2015: Provided further, That $20,000,000 shall
remain available until September 30, 2015 for marketing, management, and
technical assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That $8,000,000 shall be available
for grants to States for fiscal year 2014 to carry out export programs
that assist small business concerns authorized under section 1207 of
Public Law 111-240.
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States
[[Page 128 STAT. 223]]
Code, and not to exceed $3,500 for official reception and representation
expenses, $250,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2014: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2015:
Provided further, That $2,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,000,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$8,750,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,600,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
503 of the Small Business Investment Act of 1958 (Public Law 85-699),
$107,000,000, to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2014 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 shall not
exceed $7,500,000,000: Provided further, That during fiscal year 2014
commitments for general business loans authorized under section 7(a) of
the Small Business Act shall not exceed $17,500,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2014 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958 shall not
exceed $4,000,000,000: Provided further, That during fiscal year 2014,
guarantees of trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
[[Page 128 STAT. 224]]
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $151,560,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $191,900,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $181,900,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provision--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $70,751,000, which shall not be
available for obligation until October 1, 2014: Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in fiscal year 2014.
[[Page 128 STAT. 225]]
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$241,468,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $53,453,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5 U.S.C.
3109, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
[[Page 128 STAT. 226]]
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2014, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the Senate for
a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That
not later than 60 days after the date of enactment of this Act, each
agency funded by this Act shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate to
establish the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That at a
minimum the report shall include: (1) a table for each appropriation
with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in the
table for each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the respective
appropriation; and (3) an identification of items of special
congressional interest: Provided further, That the amount appropriated
or limited for salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that the report
has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2014 from appropriations made available for salaries and
expenses for fiscal year 2014 in this Act, shall remain available
through September 30, 2015, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from
[[Page 128 STAT. 227]]
the Federal Bureau of Investigation any official background
investigation report on any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act may be used for the
interagency funding and sponsorship of a joint advisory committee to
advise on emerging regulatory issues.
Sec. 618. Not later than 45 days after the end of each quarter, the
Department of the Treasury, the Executive Office of the President, the
Judiciary, the Federal Communications Commission, the
[[Page 128 STAT. 228]]
Federal Trade Commission, the General Services Administration, the
National Archives and Records Administration, the Securities and
Exchange Commission, and the Small Business Administration shall provide
the Committees on Appropriations of the House of Representatives and the
Senate a quarterly accounting of the cumulative balances of any
unobligated funds that were received by such agency during any previous
fiscal year.
Sec. 619. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 620. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 621. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 622. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 623. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the
[[Page 128 STAT. 229]]
conviction, unless the Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 624. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 625. None of the funds made available in this Act may be used
by the Federal Communications Commission to remove the conditions
imposed on commercial terrestrial operations in the Order and
Authorization adopted by the Commission on January 26, 2011 (DA 11-133),
or otherwise permit such operations, until the Commission has resolved
concerns of potential widespread harmful interference by such commercial
terrestrial operations to commercially available Global Positioning
System devices.
Sec. 626. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
in an aggregate amount not exceeding the amount of funds collected by
the Board as of December 31, 2013, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2014 shall remain available until expended.
Sec. 627. (a) Section 1511 of title XV of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) (``Act'') is
amended by striking, ``and linked to the website established by section
1526''.
(b)(1) Subsection (c) and subsections (e) through (h) of section
1512 of the Act are repealed effective February 1, 2014.
(2) Subsection (d) of section 1512 of the Act is amended to read as
follows:
[[Page 128 STAT. 230]]
``(d) Agency Reports.--Starting February 1, 2014, each agency that
made recovery funds available to any recipient shall make available to
the public detailed spending data as prescribed by the Office of
Management and Budget and pursuant to the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282).''.
(c) Subsection (a) of section 1514 of the Act is amended by striking
``and linked to the website established by section 1526''.
(d) Subparagraph (A) of section 1523(b)(4) of the Act is amended by
striking ``the website established by section 1526'' and inserting ``a
public website''.
(e) Sections 1526 and 1554 of the Act are repealed.
(f) Section 1530 of the Act is amended by striking ``2013'' and
inserting ``2015''.
Sec. 628. From the unobligated balances available in the Securities
and Exchange Commission Reserve Fund established by section 991 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law
111-203), $25,000,000 are rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2014 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States Code, for
the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $13,197 except station wagons for which the maximum
shall be $13,631: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set forth
in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not apply to
any vehicle that is a commercial item and which operates on emerging
motor vehicle technology, including but not limited to electric, plug-in
hybrid electric, and hydrogen fuel cell vehicles.
[[Page 128 STAT. 231]]
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no more
than $4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government: Provided further, That this section shall not apply
to any person who is an officer or employee of the Government of the
United States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies:
Provided further, That this section does not apply to the employment as
Wildland firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling
[[Page 128 STAT. 232]]
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department,
[[Page 128 STAT. 233]]
agency, or other instrumentality for the salaries or expenses of any
employee appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to 5 U.S.C.
3302, without a certification to the Office of Personnel Management from
the head of the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, or Marine Corps, the Department of Homeland Security, the
Federal Bureau of Investigation or the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, or the
Department of Energy performing intelligence functions; or
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
[[Page 128 STAT. 234]]
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by the Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board
[[Page 128 STAT. 235]]
(FASAB), shall be available to finance an appropriate share of FASAB
administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided further, That
the funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2014 shall
remain available for obligation through September 30, 2015: Provided
further, That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations of the
House of Representatives and the Senate by the Director of the Office of
Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be
present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
[[Page 128 STAT. 236]]
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision providing
prescription drug coverage, except where the contract also includes a
provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
[[Page 128 STAT. 237]]
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2014, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code, or
[[Page 128 STAT. 238]]
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as a
condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office'' has
the meaning given such term in the Federal Election Campaign Act of 1971
(2 U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 738. <<NOTE: 33 USC 1268a.>> (a) For purposes of this section
the following definitions apply:
(1) The terms ``Great Lakes'' and ``Great Lakes State'' have
the same meanings as such terms have in section 506 of the Water
Resources Development Act of 2000 (42 U.S.C. 1962d-22).
(2) The term ``Great Lakes restoration activities'' means
any Federal or State activity primarily or entirely within the
Great Lakes watershed that seeks to improve the overall health
of the Great Lakes ecosystem.
[[Page 128 STAT. 239]]
(b) Hereafter, not later than 45 days after submission of the budget
of the President to Congress, the Director of the Office of Management
and Budget, in coordination with the Governor of each Great Lakes State
and the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures in each of the 5
prior fiscal years by the Federal Government and State
governments for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 739. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 740. <<NOTE: 5 USC 5343 note.>> (a)(1) Notwithstanding any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2014,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period beginning on September 30, 2013 and
ending on the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2014, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with
section 147 of the Continuing Appropriations and Surface
Transportation Extensions Act, 2011, as amended by the
Consolidated and Further Continuing Appropriations Act, 2013;
and
(B) during the period consisting of the remainder of fiscal
year 2014, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2014 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
[[Page 128 STAT. 240]]
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2014 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2013, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2013, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2013.
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this subsection if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
(b) Notwithstanding subsection (a) and section 147 of the Continuing
Appropriations and Surface Transportation Extensions Act, 2011, as
amended by the Consolidated and Further Continuing Appropriations Act,
2013, the adjustment in rates of basic pay for the statutory pay systems
that take place in fiscal year 2014 under sections 5344 and 5348 of
title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304
[[Page 128 STAT. 241]]
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2013.
Sec. 741. <<NOTE: 5 USC 5303 note.>> (a) The Vice President may not
receive a pay raise in calendar year 2014, notwithstanding the rate
adjustment made under section 104 of title 3, United States Code, or any
other provision of law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2014, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2014, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, a pay rate increase may not be received in calendar year 2014
(except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV of
the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate increase
in calendar year 2014, notwithstanding any other provision of law,
except as provided in subsection (g), (h), or (i). This subsection does
not apply to employees in the General Schedule pay system or the Foreign
Service pay system, or to employees appointed under section 3161 of
title 5, United States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51 of title 5,
United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and who
makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
[[Page 128 STAT. 242]]
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2014 but
ends in calendar year 2015, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) An initial or increased pay rate for an individual in a covered
position that takes effect in calendar year 2014 prior to enactment of
this Act shall be valid only through the end of the pay period during
which the enactment took place. Effective on the first day of the next
pay period, the individual's pay rate will be set at the rate that would
have applied if this section had been in effect on January 1, 2014.
Sec. 742. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this Act shall submit annual
reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department,
agency, board, commission, or office during fiscal year 2014 for which
the cost to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any Executive
branch department, agency, board, commission, or office funded by this
Act during fiscal year 2014 for which the cost to the United States
Government was more than $20,000, the head of any such department,
agency, board, commission, or office shall notify the Inspector General
or senior ethics official for any
[[Page 128 STAT. 243]]
entity without an Inspector General, of the date, location, and number
of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012.
Sec. 743. None of the funds made available in this or any other
appropriations Act may be used to eliminate or reduce funding for a
program, project, or activity as proposed in the President's budget
request for a fiscal year until such proposed change is subsequently
enacted in an appropriation Act, or unless such change is made pursuant
to the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 744. <<NOTE: 5 USC 3101 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in any title other
than title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2014, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
[[Page 128 STAT. 244]]
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through November 7, 2014.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a District
of Columbia government employee as may otherwise be designated
by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may be
used by the District of Columbia Attorney General or any other officer
or entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing
[[Page 128 STAT. 245]]
the issue of the provision of contraceptive coverage by health insurance
plans, but it is the intent of Congress that any legislation enacted on
such issue should include a ``conscience clause'' which provides
exceptions for religious beliefs and moral convictions.
Sec. 809. None of the Federal funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled Substances
Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
Sec. 810. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42),
for all agencies of the District of Columbia government for fiscal year
2014 that is in the total amount of the approved appropriation and that
realigns all budgeted data for personal services and other-than-personal
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
[[Page 128 STAT. 246]]
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2014 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2014 in
this Act, shall remain available through September 30, 2015, for each
such account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section 803 of this
Act.
Sec. 816. (a) During fiscal year 2015, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Fiscal Year 2015 Budget Request
Act of 2014 as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of the period
during which this subsection is in effect) at the rate set forth by such
Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2015 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2015.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity during
the portion of fiscal year 2015 for which this section applies to such
project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2015 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period, or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to effect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2014''.
[[Page 128 STAT. 247]]
DIVISION F <<NOTE: Department of Homeland Security Appropriations Act,
2014.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $122,350,000: Provided, That
not to exceed $45,000 shall be for official reception and representation
expenses: Provided further, That all official costs associated with the
use of government aircraft by Department of Homeland Security personnel
to support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy Secretary:
Provided further, That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, not later
than 90 days after the date of enactment of this Act, expenditure plans
for the Office of Policy, the Office of Intergovernmental Affairs, the
Office for Civil Rights and Civil Liberties, the Citizenship and
Immigration Services Ombudsman, and the Privacy Officer: Provided
further, That expenditure plans for the offices in the previous proviso
shall also be submitted at the time the President's budget proposal for
fiscal year 2015 is submitted pursuant to section 1105(a) of title 31,
United States Code.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $196,015,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $4,500,000 shall remain available until September 30, 2018,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,815,000
shall remain available until September 30, 2015, for the Human Resources
Information Technology program: Provided further, That the Under
Secretary for Management shall, pursuant to the requirements contained
in House Report 112-331, submit to the Committees on Appropriations of
the Senate and the House of Representatives at the time the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, a Comprehensive Acquisition
Status Report, which shall include the information required under the
heading ``Office of the Under Secretary for Management'' under title I
of division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and quarterly updates to such report not later than 45 days
after the completion of each quarter.
[[Page 128 STAT. 248]]
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
as authorized by section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), $46,000,000: Provided, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time the President's budget
proposal for fiscal year 2015 is submitted pursuant to section 1105(a)
of title 31, United States Code, the Future Years Homeland Security
Program, as authorized by section 874 of Public Law 107-296 (6 U.S.C.
454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$257,156,000; of which $115,000,000 shall be available for salaries and
expenses; and of which $142,156,000, to remain available until September
30, 2015, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $300,490,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; and of which $129,540,000 shall remain available until
September 30, 2015.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $115,437,000; of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; and contracting with individuals
for personal services abroad; $8,145,568,000; of which $3,274,000 shall
be derived from the Harbor Maintenance Trust Fund for administrative
expenses
[[Page 128 STAT. 249]]
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $165,715,000 shall
be available until September 30, 2015, solely for the purpose of hiring,
training, and equipping new U.S. Customs and Border Protection officers
at ports of entry; of which not to exceed $34,425 shall be for official
reception and representation expenses; of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
of which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of which
not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That for fiscal year 2014,
the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $816,523,000; of which $340,936,000 shall remain available
until September 30, 2016; and of which not less than $140,762,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $351,454,000, to remain available until September 30, 2016:
Provided, That no additional deployments of technology associated with
integrated fixed towers shall occur until the Chief of the Border Patrol
certifies to the Committees on Appropriations of the Senate and the
House of Representatives that the first deployment of technology
associated with integrated fixed towers meets the operational
requirements of the Border Patrol.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
salaries and expenses, operational training, and mission-related travel,
the operations of which include the following: the
[[Page 128 STAT. 250]]
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and, at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; $805,068,000; of which
$286,818,000 shall be available for salaries and expenses; and of which
$518,250,000 shall remain available until September 30, 2016: Provided,
That no aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that have
been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2014 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, on any changes to the 5-year strategic plan for the air and
marine program required under this heading in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate, equip,
furnish, operate, manage, and maintain buildings, facilities, and
related infrastructure necessary for the administration and enforcement
of the laws relating to customs, immigration, and border security,
including land ports of entry where the Administrator of General
Services has delegated to the Secretary of Homeland Security the
authority to operate, maintain, repair, and alter such facilities, and
to pay rent to the General Services Administration for use of land ports
of entry, $456,278,000, to remain available until September 30, 2018:
Provided, That the Commissioner of U.S. Customs and Border Protection
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time the President's budget proposal
for fiscal year 2015 is submitted pursuant to section 1105(a) of title
31, United States Code, an inventory of the real property of U.S.
Customs and Border Protection and a plan for each activity and project
proposed for funding under this heading that includes the full cost by
fiscal year of each activity and project proposed and underway in fiscal
year 2015.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including intellectual
property rights and overseas vetted units operations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$5,229,461,000; of which not to exceed $10,000,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $11,475 shall be for official reception and representation
expenses; of which not
[[Page 128 STAT. 251]]
to exceed $2,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for
promotion of public awareness of the Cyber Tipline and related
activities to counter child exploitation; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to exceed
$6,000,000 shall remain available until expended: Provided further,
That of the total amount available, not less than $1,600,000,000 shall
be available to identify aliens convicted of a crime who may be
deportable, and to remove them from the United States once they are
judged deportable: Provided further, That the Secretary of Homeland
Security shall prioritize the identification and removal of aliens
convicted of a crime by the severity of that crime: Provided further,
That funding made available under this heading shall maintain a level of
not less than 34,000 detention beds through September 30, 2014:
Provided further, That of the total amount provided, not less than
$2,785,096,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That of
the total amount provided, $10,300,000 shall remain available until
September 30, 2015, for the Visa Security Program: Provided further,
That not less than $10,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center: Provided
further, That none of the funds provided under this heading may be used
to continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))
if the Department of Homeland Security Inspector General determines that
the terms of the agreement governing the delegation of authority have
been violated: Provided further, That none of the funds provided under
this heading may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement from
exercising those authorities provided under immigration laws (as defined
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime: Provided further, That without regard to the limitation as
to time and condition of section 503(d) of this Act, the Secretary may
propose to reprogram and transfer funds within and into this
appropriation necessary to ensure the detention of aliens prioritized
for removal.
[[Page 128 STAT. 252]]
automation modernization
For expenses of immigration and customs enforcement automated
systems, $34,900,000, to remain available until September 30, 2016.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration, $5,000,000,
to remain available until September 30, 2017.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $4,982,735,000, to remain available until
September 30, 2015; of which not to exceed $7,650 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed $3,894,236,000
shall be for screening operations, of which $372,354,000 shall be
available for explosives detection systems; $103,309,000 shall be for
checkpoint support; and not to exceed $1,088,499,000 shall be for
aviation security direction and enforcement: Provided further, That of
the amount made available in the preceding proviso for explosives
detection systems, $73,845,000 shall be available for the purchase and
installation of these systems: Provided further, That any award to
deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness: Provided further,
That security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2014 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,862,735,000: Provided
further, That notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2014, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such title:
Provided further, That none of the funds made available in this Act may
be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 46,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the
[[Page 128 STAT. 253]]
Committees on Appropriations of the Senate and the House of
Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating and
acquisition costs, including projected funding levels for each
fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested to
address security vulnerabilities:
Provided further, That not later than April 15, 2014, the
Administrator of the Transportation Security Administration shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, a report that:
(1) certifies that one in four air passengers that require
security screening by the Transportation Security Administration
is eligible for expedited screening without lowering security
standards; and
(2) outlines a strategy to increase the number of air
passengers eligible for expedited screening to 50 percent by the
end of calendar year 2014, including--
(A) specific benchmarks and performance measures to
increase participation in Pre-Check by air carriers,
airports, and passengers;
(B) options to facilitate direct application for
enrollment in Pre-Check through the Transportation
Security Administration's Web site, airports, and other
enrollment locations;
(C) use of third parties to pre-screen passengers
for expedited screening;
(D) inclusion of populations already vetted by the
Transportation Security Administration and other trusted
populations as eligible for expedited screening; and
(E) resource implications of expedited passenger
screening resulting from the use of risk-based security
methods: Provided further, That information provided
under this subsection shall be updated semiannually:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
[[Page 128 STAT. 254]]
surface transportation security
For necessary expenses of the Transportation Security Administration
related to surface transportation security activities, $108,618,000, to
remain available until September 30, 2015.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
vetting and credentialing activities, $176,489,000, to remain available
until September 30, 2015.
transportation security support
For necessary expenses of the Transportation Security Administration
related to transportation security support and intelligence pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $962,061,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, $20,000,000 may not be obligated for ``Headquarters
Administration'' until the Administrator of the Transportation Security
Administration submits to the Committees on Appropriations of the Senate
and the House of Representatives detailed expenditure plans for air
cargo security, checkpoint support, and explosives detection systems
refurbishment, procurement, and installations on an airport-by-airport
basis for fiscal year 2014: Provided further, That these plans shall be
submitted not later than 60 days after the date of enactment of this
Act.
federal air marshals
For necessary expenses of the Federal Air Marshal Service,
$818,607,000: Provided, That the Director of the Federal Air Marshal
Service shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 45 days after the date
of enactment of this Act, a detailed, classified expenditure and
staffing plan for ensuring optimal coverage of high risk flights.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost on any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,011,807,000; of which $567,000,000 shall be for defense-
related activities, of which $227,000,000 is designated by the Congress
for Overseas
[[Page 128 STAT. 255]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $15,300 shall be for official reception and representation
expenses: Provided, That none of the funds made available by this Act
shall be for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent fees are
collected from owners of yachts and credited to this appropriation:
Provided further, That of the funds provided under this heading,
$75,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates until a future-years capital investment plan
for fiscal years 2015 through 2019, as specified under the heading
``Coast Guard Acquisition, Construction, and Improvements'' of this Act
is submitted to the Committees on Appropriations of the Senate and the
House of Representatives: Provided further, That funds made available
under this heading for Overseas Contingency Operations/Global War on
Terrorism may be allocated by program, project, and activity,
notwithstanding section 503 of this Act: Provided further, That without
regard to the limitation as to time and condition of section 503(d) of
this Act, after June 30, an additional $10,000,000 may be reprogrammed
to or from Military Pay and Allowances in accordance with subsections
(a), (b), and (c), of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,164,000, to remain available until September 30,
2018.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $120,000,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,375,635,000; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which the following amounts, to remain available
until September 30, 2018 (except as subsequently specified), shall be
available as follows: $18,000,000 shall be available for military family
housing, of which not more than $349,996 shall be derived from the Coast
Guard Housing Fund established pursuant to 14 U.S.C. 687; $999,000,000
shall be available to acquire, effect major repairs to, renovate, or
improve vessels, small boats, and related equipment; $175,310,000 shall
be available to acquire, effect major repairs to, renovate, or improve
aircraft or
[[Page 128 STAT. 256]]
increase aviation capability; $64,930,000 shall be available for other
acquisition programs; $5,000,000 shall be available for shore facilities
and aids to navigation, including facilities at Department of Defense
installations used by the Coast Guard; and $113,395,000, to remain
available until September 30, 2014, shall be available for personnel
compensation and benefits and related costs: Provided, That the funds
provided by this Act shall be immediately available and allotted to
contract for the production of the seventh National Security Cutter
notwithstanding the availability of funds for post-production costs:
Provided further, That the funds provided by this Act shall be
immediately available and allotted to contract for long lead time
materials, components, and designs for the eighth National Security
Cutter notwithstanding the availability of funds for production costs or
post-production costs: Provided further, <<NOTE: 14 USC 663 note.>>
That the Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time the President's budget proposal for fiscal year 2015 is submitted
pursuant to section 1105(a) of title 31, United States Code, a future-
years capital investment plan for the Coast Guard that identifies for
each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year;
and
(ii) major acquisition and project events,
including development of operational requirements,
contracting actions, design reviews, production,
delivery, test and evaluation, and transition to
operations, including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition
of each asset will address such known capability gaps;
[[Page 128 STAT. 257]]
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget proposal for
fiscal year 2015, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any inconsistencies between
the capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections (a) and
(b) of section 6402 of Public Law 110-28 shall apply with respect to the
amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law; $19,200,000
to remain available until September 30, 2016, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,460,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use for
replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services
[[Page 128 STAT. 258]]
of expert witnesses at such rates as may be determined by the Director
of the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem or
subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service employees
on protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct behavioral
research in support of protective research and operations; and payment
in advance for commercial accommodations as may be necessary to perform
protective functions; $1,533,497,000; of which not to exceed $19,125
shall be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance and
equipment to foreign law enforcement organizations in counterfeit
investigations; of which $2,366,000 shall be for forensic and related
support of investigations of missing and exploited children; of which
$6,000,000 shall be for a grant for activities related to investigations
of missing and exploited children and shall remain available until
September 30, 2015; and of which not less than $7,500,000 shall be for
activities related to training in electronic crimes investigations and
forensics: Provided, That $18,000,000 for protective travel shall
remain available until September 30, 2015: Provided further, That
$4,500,000 for National Special Security Events shall remain available
until September 30, 2015: Provided further, That the United States
Secret Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in section
105 of title 5, United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided further, That the
Director of the United States Secret Service may enter into an agreement
to provide such protection on a fully reimbursable basis: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic or
overseas office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15 days in
advance of such obligation: Provided further, That for purposes of
section 503(b) of this Act, $15,000,000 or 10 percent,
[[Page 128 STAT. 259]]
whichever is less, may be transferred between ``Protection of Persons
and Facilities'' and ``Domestic Field Operations''.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $51,775,000; of which $5,380,000, to remain available
until September 30, 2018, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $46,395,000, to
remain available until September 30, 2016, shall be for information
integration and technology transformation execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, and information technology, $56,499,000: Provided, That not
to exceed $3,825 shall be for official reception and representation
expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $1,187,000,000, of
which $225,000,000 shall remain available until September 30, 2015.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service: Provided, That the
Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives, not later
than February 14, 2014, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2014 through revenues and
collection of security fees, including maintaining not fewer than 1,371
full-time equivalent staff and 1,007 full-time equivalent Police
Officers, Inspectors, Area Commanders, and Special Agents who, while
working, are directly engaged on a daily basis protecting and enforcing
laws at Federal buildings (referred to as ``in-service field staff''):
Provided further, That if revenues and fee collections are insufficient
to maintain the staffing levels in the previous proviso, the Secretary
of Homeland Security shall submit an expenditure plan delineating the
available revenue by staffing levels and critical infrastructure
[[Page 128 STAT. 260]]
investments: Provided further, That in implementing the previous
proviso, the Secretary shall ensure revenues are dedicated to ensure not
fewer than 1,300 full-time equivalent staff: Provided further, That the
Director of the Federal Protective Service shall submit at the time the
President's budget proposal for fiscal year 2015 is submitted pursuant
to section 1105(a) of title 31, United States Code, a strategic human
capital plan that aligns fee collections to personnel requirements based
on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $227,108,000:
Provided, That of the total amount made available under this heading,
$113,956,000 shall remain available until September 30, 2016.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$126,763,000; of which $25,667,000 is for salaries and expenses and
$85,277,000 is for BioWatch operations: Provided, That of the amount
made available under this heading, $15,819,000 shall remain available
until September 30, 2015, for biosurveillance, chemical defense, medical
and health planning and coordination, and workforce health protection:
Provided further, That not to exceed $2,250 shall be for official
reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$946,982,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
National Dam Safety Program Act (33 U.S.C. 467 et seq.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 916): Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses: Provided further, That of the total amount made available
under this heading, $35,180,000 shall be for the Urban Search and Rescue
Response System, of which none is available for Federal Emergency
Management Agency administrative costs: Provided further, That of the
total amount made available under this heading, $29,000,000
[[Page 128 STAT. 261]]
shall remain available until September 30, 2015, for capital
improvements and other expenses related to continuity of operations at
the Mount Weather Emergency Operations Center: Provided further, That
of the total amount made available, $3,400,000 shall be for the Office
of National Capital Region Coordination: Provided further, That of the
total amount made available under this heading, not less than $4,000,000
shall remain available until September 30, 2015, for expenses related to
modernization of automated systems: Provided further, That the
Administrator of the Federal Emergency Management Agency, in
consultation with the Department of Homeland Security Chief Information
Officer, shall submit to the Committees on Appropriations of the Senate
and the House of Representatives an expenditure plan including results
to date, plans for the program, and a list of projects with associated
funding provided from prior appropriations and provided by this Act for
modernization of automated systems.
state and local programs
For grants, contracts, cooperative agreements, and other activities,
$1,500,000,000, which shall be allocated as follows:
(1) $466,346,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which not less than $55,000,000 shall be
for Operation Stonegarden: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2014,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $13,000,000 shall be
for organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section 501(a)
of such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), of which not
less than $10,000,000 shall be for Amtrak security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,654,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $162,991,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
[[Page 128 STAT. 262]]
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
or any other provision of law, a grantee may not use more than 5 percent
of the amount of a grant made available under this heading for expenses
directly related to administration of the grant: Provided further, That
for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or
other physical facility: Provided further, That grantees shall provide
reports on their use of funds, as determined necessary by the Secretary
of Homeland Security: Provided further, That notwithstanding section
509 of this Act the Administrator of the Federal Emergency Management
Agency may use the funds provided in paragraph (5) to acquire real
property for the purpose of establishing or appropriately extending the
security buffer zones around Federal Emergency Management Agency
training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to
remain available until September 30, 2015, of which $340,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$340,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2014, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2014, and remain
available until September 30, 2016.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and
[[Page 128 STAT. 263]]
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$6,220,908,000, to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency Management
Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the expenditure plan and
a justification for any changes from the initial plan: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports, including a
specific description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code:
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for obligations
for emergencies, as described in section 102(1) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(1)), major disasters, as
described in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)), fire management assistance grants, as
described in section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5187), surge activities, and disaster readiness and
support activities;
[[Page 128 STAT. 264]]
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, and shall be published
by the Administrator on the Agency's Web site not later than the
fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated
by month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts
obligated for fire assistance, emergencies, surge,
and disaster support activities;
(iii) the obligations for catastrophic events
delineated by event and by State; and
(iv) the amount of previously obligated funds
that are recovered;
(C) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event;
(D) in addition, for a disaster declaration related
to Hurricane Sandy, the cost of the following categories
of spending: public assistance, individual assistance,
mitigation, administrative, operations, and any other
relevant category (including emergency measures and
disaster resources); and
(E) the date on which funds appropriated will be
exhausted:
Provided further, That the Administrator shall publish on the Agency's
Web site not later than 5 days after an award of a public assistance
grant under section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) the specifics of the grant
award: Provided further, That for any mission assignment or mission
assignment task order to another Federal department or agency regarding
a major disaster, not later than 5 days after the issuance of the
mission assignment or task order, the Administrator shall publish on the
Agency's Web site the following: the name of the impacted State and the
disaster declaration for such State, the assigned agency, the assistance
requested, a description of the disaster, the total cost estimate, and
the amount obligated: Provided further, That not later than 10 days
after the last day of each month until the mission assignment or task
order is completed and closed out, the Administrator shall update any
changes to the total cost estimate and the amount obligated: Provided
further, That of the amount provided under this heading, $5,626,386,000
shall be for major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided further, That the amount in the preceding proviso is designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of
1985.
[[Page 128 STAT. 265]]
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $95,202,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141, 126 Stat. 916), $176,300,000, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and not
less than $154,300,000 shall be available for flood plain management and
flood mapping, to remain available until September 30, 2015: Provided,
That any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further, That in
fiscal year 2014, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of:
(1) $132,000,000 for operating expenses;
(2) $1,152,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $100,000,000, which shall remain available until
expended, for flood mitigation actions under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366
of the National Flood Insurance Act of 1968, notwithstanding
subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8))
and subsection 1366(e) and paragraphs (2) and (3) of section
1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $25,000,000, to remain available until expended.
[[Page 128 STAT. 266]]
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331
et seq.), $120,000,000, to remain available until expended: Provided,
That total administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$113,889,000 for the E-Verify Program, as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any other
provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; the purchase of not to exceed 117 vehicles for police-
type use and hire of passenger motor vehicles; expenses for student
athletic and related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training; room and
board for student interns; a flat monthly reimbursement to employees
authorized to use personal mobile phones for official duties; and
services as authorized by section 3109 of title 5, United States Code;
$227,845,000; of which up to $44,635,000 shall remain available until
September 30, 2015, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain available
until expended to be distributed to Federal law enforcement agencies for
expenses incurred participating in training accreditation; and of which
not to exceed $9,180 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available at the
end of the fiscal year: Provided further, That section 1202(a) of
Public Law 107-206 (42 U.S.C. 3771 note), as amended under this heading
in division D of Public Law 113-6, is further amended by striking
``December 31, 2015'' and inserting
[[Page 128 STAT. 267]]
``December 31, 2016'': Provided further, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or advanced
law enforcement training, or both, at all four training facilities under
the control of the Federal Law Enforcement Training Center to ensure
that such training facilities are operated at the highest capacity
throughout the fiscal year: Provided further, That the Federal Law
Enforcement Training Accreditation Board, including representatives from
the Federal law enforcement community and non-Federal accreditation
experts involved in law enforcement training, shall lead the Federal law
enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness
of Federal law enforcement training programs, facilities, and
instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $30,885,000, to remain available until September 30,
2018: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $129,000,000: Provided, That not to
exceed $7,650 shall be for official reception and representation
expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $1,091,212,000; of which $543,427,000 shall
remain available until September 30, 2016; and of which $547,785,000
shall remain available until September 30, 2018, solely for operation
and construction of laboratory facilities: Provided, That of the funds
provided for the operation and construction of laboratory facilities
under this heading, $404,000,000 shall be for construction of the
National Bio- and Agro-defense Facility.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration
[[Page 128 STAT. 268]]
of programs and activities, $37,353,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses:
Provided further, That not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a strategic plan of investments necessary to implement
the Department of Homeland Security's responsibilities under the
domestic component of the global nuclear detection architecture that
shall:
(1) define the role and responsibilities of each
Departmental component in support of the domestic detection
architecture, including any existing or planned programs to pre-
screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by each Departmental component in fiscal year 2014 and
planned for fiscal year 2015 to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost effectiveness;
and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic nuclear
detection architecture, including specific investments planned
for each of fiscal years 2014 and 2015.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $205,302,000, to
remain available until September 30, 2016.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $42,600,000, to remain available
until September 30, 2016.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available
[[Page 128 STAT. 269]]
for obligation or expenditure in fiscal year 2014, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2014
Budget Appendix for the Department of Homeland Security, as
modified by the report accompanying this Act, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or expenditure
in fiscal year 2014, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
[[Page 128 STAT. 270]]
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. <<NOTE: 31 USC 501 note.>> The Department of Homeland
Security Working Capital Fund, established pursuant to section 403 of
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations as a
permanent working capital fund for fiscal year 2014: Provided, That
none of the funds appropriated or otherwise made available to the
Department of Homeland Security may be used to make payments to the
Working Capital Fund, except for the activities and amounts allowed in
the President's fiscal year 2014 budget: Provided further, That funds
provided to the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working Capital Fund:
Provided further, That all departmental components shall be charged only
for direct usage of each Working Capital Fund service: Provided
further, That funds provided to the Working Capital Fund shall be used
only for purposes consistent with the contributing component: Provided
further, That the Working Capital Fund shall be paid in advance or
reimbursed at rates which will return the full cost of each service:
Provided further, That the Committees on Appropriations of the Senate
and House of Representatives shall be notified of any activity added to
or removed from the fund: Provided further, That the Chief Financial
Officer of the Department of Homeland Security shall submit a quarterly
execution report with activity level detail, not later than 30 days
after the end of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2014, as recorded in the financial records at the time of
a reprogramming request, but not later than June 30, 2015, from
appropriations for salaries and expenses for fiscal year 2014 in this
Act shall remain available through September 30, 2015, in the account
and for the purposes for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a request shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of an Act authorizing
intelligence activities for fiscal year 2014.
Sec. 507. (a) Except as provided in subsections (b) and (c), none of
the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, or task or delivery order on a Department
of Homeland Security multiple award contract, or to issue a
letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery
order that would cause cumulative obligations of multi-year
funds in a single account to exceed 50 percent of the total
amount appropriated;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered by
the Federal Acquisition Regulation.
[[Page 128 STAT. 271]]
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least 3
full business days in advance of making an award or issuing a letter as
described in that subsection.
(c) If the Secretary of Homeland Security determines that compliance
with this section would pose a substantial risk to human life, health,
or safety, an award may be made without notification, and the Secretary
shall notify the Committees on Appropriations of the Senate and the
House of Representatives not later than 5 full business days after such
an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type of
contract; and the account and each program, project, and
activity from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the House
of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the House
of Representatives, except that the Federal Law Enforcement Training
Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with
respect to funds made available in this Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made
[[Page 128 STAT. 272]]
to, delay, or prohibit the transmission to Congress of any report
prepared under paragraph (6) of such subsection.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 30 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for each office of
the Department.
Sec. 515. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the procurement
or installation of explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification: Provided, That
quarterly reports shall be submitted to the Committees on Appropriations
of the Senate and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 516. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
Sec. 517. Any funds appropriated to ``Coast Guard Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat.
1384) <<NOTE: 6 USC 382.>> is amended by striking ``2013'' and
inserting ``2014 and thereafter''.
Sec. 519. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 520. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2014, to the Office of Inspector
General of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition
during fiscal year 2014.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2015.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert
[[Page 128 STAT. 273]]
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of section 509(c) and sections
503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002
(6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302
of the Robert T. Stafford Disaster Relief and Assistance Act (42
U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the President
issues a declaration under section 401 or section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 and 5191, respectively), the Secretary of
Homeland Security shall submit a notification of the appointment
of the Principal Federal Official and a description of the
responsibilities of such Official and how such responsibilities
are consistent with paragraph (1) to the Committees on
Appropriations of the Senate and the House of Representatives,
the Transportation and Infrastructure Committee of the House of
Representatives, and the Homeland Security and Governmental
Affairs Committee of the Senate; and
(3) not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 522. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 523. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 525. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2013,'' and inserting ``Until September 30, 2014,'';
(2) in subsection (c)(1), by striking ``September 30,
2013,'' and inserting ``September 30, 2014,''.
Sec. 526. The Secretary of Homeland Security shall require that all
contracts of the Department of Homeland Security that provide award fees
link such fees to successful acquisition outcomes
[[Page 128 STAT. 274]]
(which outcomes shall be specified in terms of cost, schedule, and
performance).
Sec. 527. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag vessels: Provided, That the Secretary shall notify the Committees
on Appropriations of the Senate and the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for waivers of
navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b).
Sec. 528. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply: Provided
further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 529. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 530. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 531. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 532. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 533. If the Administrator of the Transportation Security
Administration determines that an airport does not need to participate
in the E-Verify Program as described in section 403(a) of
[[Page 128 STAT. 275]]
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), the Administrator shall certify to the Committees
on Appropriations of the Senate and the House of Representatives that no
security risks will result from such non-participation.
Sec. 534. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator shall
publish on the Web site of the Federal Emergency Management Agency a
report regarding that decision that shall summarize damage assessment
information used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 535. Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 536. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 537 of the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6), is further amended by
striking ``on October 4, 2013'' and inserting ``on October 4, 2014''.
Sec. 537. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 538. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 539. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 540. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler or successor program of the Transportation Security
Administration shall safeguard and dispose of such information in
accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems'';
[[Page 128 STAT. 276]]
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
``Sponsoring Entity''.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date of
enactment of this Act, to the Sponsoring Entity written certification
that the procedures used by the company to safeguard and dispose of
information are in compliance with the requirements under subsection
(a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 541. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 542. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes take
into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 543. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $7,500,000 may be allocated by United States Citizenship
and Immigration Services in fiscal year 2014 for the purpose of
providing an immigrant integration grants program.
(b) For an additional amount for ``United States Citizenship and
Immigration Services'' for the purpose of providing immigrant
integration grants, $2,500,000.
(c) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 544. For an additional amount for the ``Office of the Under
Secretary for Management'', $35,000,000 to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90 days
after the date of enactment of the Act detailing the allocation of these
funds.
Sec. 545. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland Security
to enter into any Federal contract unless such contract is entered into
in accordance with the requirements of subtitle I of title 41, United
States Code or chapter 137 of title 10, United
[[Page 128 STAT. 277]]
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 546. (a) For an additional amount for data center migration,
$42,200,000.
(b) Funds made available in subsection (a) for data center migration
may be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of this
Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 547. (a) For an additional amount for financial systems
modernization, $29,548,000.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section 503
of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 548. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 549. Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that specific U.S. Immigration
and Customs Enforcement Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities no longer
meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services Administration
and U.S. Immigration and Customs Enforcement, shall be deposited as
offsetting collections into a separate account that shall be available,
subject to appropriation, until expended for other real property capital
asset needs of existing U.S. Immigration and Customs Enforcement assets,
excluding daily operations and maintenance costs, as the Secretary deems
appropriate: Provided further, That any sale or collocation of
federally owned detention facilities shall not result in the maintenance
of fewer than 34,000 detention beds: Provided further, That the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.
Sec. 550. None of the funds made available under this Act or any
prior appropriations Act may be provided to the Association of Community
Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries, or allied organizations.
[[Page 128 STAT. 278]]
Sec. 551. The Department of Homeland Security Chief Information
Officer, the Commissioner of U.S. Customs and Border Protection, the
Assistant Secretary of Homeland Security for U.S. Immigration and
Customs Enforcement, the Director of the United States Secret Service,
and the Director of the Office of Biometric Identity Management shall,
with respect to fiscal years 2014, 2015, 2016, and 2017, submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget proposal for
fiscal year 2015 is submitted pursuant to the requirements of section
1105(a) of title 31, United States Code, the information required in the
multi-year investment and management plans required, respectively, under
the headings ``U.S. Customs and Border Protection, Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74); ``U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and Technology''
under such title; section 568 of such Act; and ``Office of the Chief
Information Officer'', ``United States Secret Service, Acquisition,
Construction, Improvements, and Related Expenses'', and ``Office of
Biometric Identity Management'' under division D of the Homeland
Security Appropriations Act, 2013 (Public Law 113-6).
Sec. 552. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 553. The Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than April 15, 2014, a report detailing the
fiscal policy that prescribes Coast Guard budgetary policies,
procedures, and technical direction necessary to comply with subsection
(a) of section 557 of division D of Public Law 113-6 (as required to be
developed under subsection (b) of such section).
Sec. 554. <<NOTE: 44 USC 3541 note.>> (a) Of the amounts made
available by this Act for National Protection and Programs Directorate,
``Infrastructure Protection and Information Security'', $166,000,000 for
the ``Federal Network Security'' program, project, and activity shall be
used to deploy on Federal systems technology to improve the information
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available under
this section shall be used to assist and support Government-wide and
agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and operation
of a continuous monitoring and diagnostics program, in collaboration
with departments and agencies, that includes equipment, software, and
Department of Homeland Security supplied services: Provided further,
That not later than April 1, 2014, and quarterly thereafter, the Under
Secretary of Homeland Security of the National Protection and Programs
Directorate shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a report on the obligation and
expenditure of funds made available under this section: Provided
further, That continuous monitoring and diagnostics software procured by
the funds made available by this section shall not transmit to the
Department of Homeland Security any personally identifiable information
or content of network communications of other agencies'
[[Page 128 STAT. 279]]
users: Provided further, That such software shall be installed,
maintained, and operated in accordance with all applicable privacy laws
and agency-specific policies regarding network content.
(b) Funds made available under this section may not be used to
supplant funds provided for any such system within an agency budget.
(c) Not later than July 1, 2014, the heads of all Federal agencies
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives expenditure plans for necessary cybersecurity
improvements to address known vulnerabilities to information systems
described in subsection (a).
(d) Not later than October 1, 2014, and quarterly thereafter, the
head of each Federal agency shall submit to the Director of the Office
of Management and Budget a report on the execution of the expenditure
plan for that agency required by subsection (c): Provided, That the
Director of the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to Congress in
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section 3606
of title 44, United States Code.
(e) This section shall not apply to the legislative and judicial
branches of the Federal Government and shall apply to all Federal
agencies within the executive branch except for the Department of
Defense, the Central Intelligence Agency, and the Office of the Director
of National Intelligence.
Sec. 555. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 556. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement officer
knows or suspects that the individual is an agent of a drug cartel
unless law enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 557. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or any
other successor grant programs unless explicitly authorized by Congress.
Sec. 558. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 559. <<NOTE: 6 USC 211 note.>> (a) In General.--In addition to
existing authorities, the Commissioner of U.S. Customs and Border
Protection, in collaboration with the Administrator of General Services,
is authorized to conduct a pilot program in accordance with this section
to permit U.S. Customs and Border Protection to enter into partnerships
with private sector and government entities at ports of entry for
certain services and to accept certain donations.
[[Page 128 STAT. 280]]
(b) Rule of Construction.--Except as otherwise provided in this
section, nothing in this section may be construed as affecting in any
manner the responsibilities, duties, or authorities of U.S. Customs and
Border Protection or the General Services Administration.
(c) Duration.--The pilot program described in subsection (a) shall
be for five years. A partnership entered into during such pilot program
may last as long as required to meet the terms of such partnership. At
the end of such five year period, the Commissioner may request that such
pilot program be made permanent.
(d) Coordination.--
(1) In general.--The Commissioner, in consultation with
participating private sector and government entities in a
partnership under subsection (a), shall provide the
Administrator with information relating to U.S. Customs and
Border Protection's requirements for new facilities or upgrades
to existing facilities at land ports of entry.
(2) Criteria.--The Commissioner and the Administrator shall
establish criteria for entering into a partnership under
subsection (a) that include the following:
(A) Selection and evaluation of potential partners.
(B) Identification and documentation of roles and
responsibilities between U.S. Customs and Border
Protection, General Services Administration, and private
and government partners.
(C) Identification, allocation, and management of
explicit and implicit risks of partnering between U.S.
Customs and Border Protection, General Services
Administration, and private and government partners.
(D) Decision-making and dispute resolution processes
in partnering arrangements.
(E) Criteria and processes for U.S. Customs and
Border Protection and General Services Administration to
terminate agreements if private or government partners
are not meeting the terms of such a partnership,
including the security standards established by U.S.
Customs and Border Protection.
(3) Evaluation plan.--The Commissioner, in collaboration
with the Administrator, shall submit to the Committee on
Homeland Security, the Committee on Transportation and
Infrastructure, and the Committee on Appropriations of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs, the Committee on Environment and Public
Works, and the Committee on Appropriations of the Senate, an
evaluation plan for the pilot program described in subsection
(a) that includes the following:
(A) Well-defined, clear, and measurable objectives.
(B) Performance criteria or standards for
determining the performance of such pilot program.
(C) Clearly articulated evaluation methodology,
including--
(i) sound sampling methods;
(ii) a determination of appropriate sample
size for the evaluation design;
(iii) a strategy for tracking such pilot
program's performance; and
(iv) an evaluation of the final results.
[[Page 128 STAT. 281]]
(D) A plan detailing the type and source of data
necessary to evaluate such pilot program, methods for
data collection, and the timing and frequency of data
collection.
(e) Authority to Enter Into Agreements for the Provision of Certain
Services at Ports of Entry.--
(1) In general.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(e)) and section 451 of the Tariff Act of 1930 (19
U.S.C. 1451), the Commissioner may, during the pilot program
described in subsection (a) and upon the request of a private
sector or government entity with which U.S. Customs and Border
Protection has entered into a partnership, enter into a
reimbursable fee agreement with such entity under which--
(A) U.S. Customs and Border Protection will provide
services described in paragraph (2) at a port of entry;
(B) such entity will pay a fee imposed under
paragraph (4) to reimburse U.S. Customs and Border
Protection for the costs incurred in providing such
services; and
(C) each facility at which U.S. Customs and Border
Protection services are performed shall be provided,
maintained, and equipped by such entity, without cost to
the Federal Government, in accordance with U.S. Customs
and Border Protection specifications.
(2) Services described.--Services described in this
paragraph are any activities of any employee or contractor of
U.S. Customs and Border Protection pertaining to customs,
agricultural processing, border security, and immigration
inspection-related matters at ports of entry.
(3) Limitations.--
(A) Impacts of services.--The Commissioner may not
enter into a reimbursable fee agreement under this
subsection if such agreement would unduly and
permanently impact services funded in this or any other
appropriations Act, or provided from any account in the
Treasury of the United States derived by the collection
of fees.
(B) For certain costs.--The authority found in this
subsection may not be used at U.S. Customs and Border
Protection-serviced air ports of entry to enter into
reimbursable fee agreements for costs other than payment
of overtime.
(C) The authority found in this subsection may not
be used to enter into new preclearance agreements or
begin to provide U.S. Customs and Border Protection
services outside of the United States.
(D) The authority found in this subsection shall be
limited with respect to U.S. Customs and Border
Protection-serviced air ports of entry to five pilots
per year.
(4) Fee.--
(A) In general.--The amount of the fee to be charged
pursuant to an agreement authorized under paragraph (1)
shall be paid by each private sector and government
entity requesting U.S. Customs and Border Protection
services, and shall include the salaries and expenses of
individuals employed by U.S. Customs and Border
Protection to provide such services and other costs
incurred by U.S. Customs and Border Protection relating
to such services, such as
[[Page 128 STAT. 282]]
temporary placement or permanent relocation of such
individuals.
(B) Oversight of fees.--The Commissioner shall
develop a process to oversee the activities reimbursed
by the fees charged pursuant to an agreement authorized
under paragraph (1) that includes the following:
(i) A determination and report on the full
costs of providing services, including direct and
indirect costs, including a process for increasing
such fees as necessary.
(ii) Establishment of a monthly remittance
schedule to reimburse appropriations.
(iii) Identification of overtime costs to be
reimbursed by such fees.
(5) Deposit of funds.--Funds collected pursuant to any
agreement entered into under paragraph (1) shall be deposited as
offsetting collections and remain available until expended,
without fiscal year limitation, and shall directly reimburse
each appropriation for the amount paid out of that appropriation
for any expenses incurred by U.S. Customs and Border Protection
in providing U.S. Customs and Border Protection services and any
other costs incurred by U.S. Customs and Border Protection
relating to such services.
(6) Termination.--The Commissioner shall terminate the
provision of services pursuant to an agreement entered into
under paragraph (1) with a private sector or government entity
that, after receiving notice from the Commissioner that a fee
imposed under paragraph (4) is due, fails to pay such fee in a
timely manner. In the event of such termination, all costs
incurred by U.S. Customs and Border Protection, which have not
been reimbursed, will become immediately due and payable.
Interest on unpaid fees will accrue based on current Treasury
borrowing rates. Additionally, any private sector or government
entity that, after notice and demand for payment of any fee
charged under paragraph (4), fails to pay such fee in a timely
manner shall be liable for a penalty or liquidated damage equal
to two times the amount of such fee. Any amount collected
pursuant to any agreement entered into under paragraph (1) shall
be deposited into the account specified under paragraph (5) and
shall be available as described therein.
(7) Notification.--The Commissioner shall notify the
Congress 15 days prior to entering into any agreement under
paragraph (1) and shall provide a copy of such agreement.
(f) Donations.--
(1) In general.--Subject to paragraph (2), the Commissioner
and the Administrator may, during the pilot program described in
subsection (a), accept a donation of real or personal property
(including monetary donations) or nonpersonal services from any
private sector or government entity with which U.S. Customs and
Border Protection has entered into a partnership.
(2) Allowable uses of donations.--The Commissioner and the
Administrator, with respect to any donation provided pursuant to
paragraph (1), may--
(A) use such donation for necessary activities
related to the construction, alteration, operation, or
maintenance of an existing port of entry facility under
the jurisdiction,
[[Page 128 STAT. 283]]
custody, and control of the Commissioner, including
expenses related to--
(i) land acquisition, design, construction,
repair and alteration;
(ii) furniture, fixtures, and equipment;
(iii) the deployment of technology and
equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the
Administrator for necessary activities described in
subparagraph (A) related to a new or existing port of
entry under the jurisdiction, custody, and control of
the Administrator, subject to chapter 33 of title 40,
United States Code.
(3) Consultation and budget.--
(A) With the private sector or government entity.--
To accept a donation described in paragraph (1), the
Commissioner and the Administrator shall--
(i) consult with the appropriate stakeholders
and the private sector or government entity that
is providing the donation and provide such entity
with a description of the intended use of such
donation; and
(ii) submit to the Committee on
Appropriations, the Committee on Homeland
Security, and the Committee on Transportation and
Infrastructure of the House of Representatives and
the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and
the Committee on Environment and Public Works of
the Senate a report not later than one year after
the date of enactment of this Act, and annually
thereafter, that describes--
(I) the accepted donations received
under this subsection;
(II) the ports of entry that
received such donations; and
(III) how each donation helped
facilitate the construction,
alternation, operation, or maintenance
of a new or existing land port of entry.
(B) Savings provision.--Nothing in this paragraph
may be construed to--
(i) create any right or liability of the
parties referred to in subparagraph (A); or
(ii) affect any consultation requirement under
any other law.
(4) Evaluation procedures.--Not later than 180 days after
the date of the enactment of this Act, the Commissioner, in
consultation with the Administrator, shall establish procedures
for evaluating a proposal submitted by a private sector or
government entity to make a donation of real or personal
property (including monetary donations) or nonpersonal services
under paragraph (1) relating to a port of entry under the
jurisdiction, custody and control of the Commissioner or the
Administrator and make any such evaluation criteria publicly
available.
(5) Considerations.--In determining whether or not to
approve a proposal referred to in paragraph (4), the
Commissioner or the Administrator shall consider--
[[Page 128 STAT. 284]]
(A) the impact of such proposal on the port of entry
at issue and other ports of entry on the same border;
(B) the potential of such proposal to increase trade
and travel efficiency through added capacity;
(C) the potential of such proposal to enhance the
security of the port of entry at issue;
(D) the funding available to complete the intended
use of a donation under this subsection, if such
donation is real property;
(E) the costs of maintaining and operating such
donation;
(F) whether such donation, if real property,
satisfies the requirements of such proposal, or whether
additional real property would be required;
(G) an explanation of how such donation, if real
property, was secured, including if eminent domain was
used;
(H) the impact of such proposal on staffing
requirements; and
(I) other factors that the Commissioner or
Administrator determines to be relevant.
(6) Unconditional monetary donations.--A monetary donation
shall be made unconditionally, although the donor may specify--
(A) the port of entry facility or facilities to be
benefitted from such donation; and
(B) the timeframe during which such donation shall
be used.
(7) Supplemental funding.--Real or personal property
(including monetary donations) or nonpersonal services donated
pursuant to paragraph (1) may be used in addition to any other
funding (including appropriated funds), property, or services
made available for the same purpose.
(8) Return of donations.--If the Commissioner or the
Administrator does not use the real property or monetary
donation donated pursuant to paragraph (1) for the specific port
of entry facility or facilities designated by the donor or
within the timeframe specified by the donor, such donated real
property or money may be returned to the donor. No interest
shall be owed to the donor with respect to any donation of
funding provided under such paragraph (1) that is returned
pursuant to this paragraph.
(9) Savings provision.--Nothing in this subsection may be
construed to affect or alter the existing authority of the
Commissioner or the Administrator to construct, alter, operate,
and maintain port of entry facilities.
(g) Annual Reports.--The Commissioner, in collaboration with the
Administrator, shall annually submit to the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Environment and Public Works
of the Senate a report on the pilot program and activities undertaken
pursuant thereto in accordance with this Act.
(h) Definitions.--In this section--
(1) the term ``private sector entity'' means any
corporation, partnership, trust, association, or any other
private entity, or any officer, employee, or agent thereof;
[[Page 128 STAT. 285]]
(2) the term ``Commissioner'' means the Commissioner of U.S.
Customs and Border Protection; and
(3) the term ``Administrator'' means the Administrator of
General Services.
(i) Role of General Services Administration.--Under this section,
collaboration with the Administrator of General Services is required
only with respect to partnerships at land ports of entry.
Sec. 560. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 561. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal or State law within the preceding
24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation, or
such officer or agent, and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 562. None of the funds made available in this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation for which any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 563. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 564. None of the funds made available in this Act may be used
for new U.S. Customs and Border Protection air preclearance agreements
entering into force after February 1, 2014, unless: (1) the Secretary of
Homeland Security, in consultation with the Secretary of State, has
certified to Congress that air preclearance operations at the airport
provide a homeland or national security benefit to the United States;
(2) U.S. passenger air carriers are not precluded from operating at
existing
[[Page 128 STAT. 286]]
preclearance locations; and (3) a U.S. passenger air carrier is
operating at all airports contemplated for establishment of new air
preclearance operations.
Sec. 565. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 566. (a) In General.--Beginning on the date of the enactment of
this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term ``border
crossing fee'' means a fee that every pedestrian, cyclist, and driver
and passenger of a private motor vehicle is required to pay for the
privilege of crossing the Southern border or the Northern border at a
land port of entry.
Sec. 567. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5, United
States Code, shall be available on a temporary reemployment basis to
conduct arbitrations of disputes arising from delivery of assistance
under the Federal Emergency Management Agency Public Assistance Program.
Sec. 568. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 569. <<NOTE: 6 USC 471.>> (a) The Secretary of Homeland
Security shall submit to Congress, 180 days after the date of enactment
of this Act and annually thereafter beginning with the submission of the
President's budget proposal for fiscal year 2016 pursuant to section
1105(a) of title 31, United States Code, a comprehensive report on the
purchase and usage of ammunition, subdivided by ammunition type. The
report shall include--
(1) the quantity of ammunition in inventory at the end of
the preceding calendar year, and the amount of ammunition
expended and purchased, subdivided by ammunition type, during
the year for each relevant component or agency in the Department
of Homeland Security;
(2) a description of how such quantity, usage, and purchase
aligns to each component or agency's mission requirements for
certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the
Department of Homeland Security, including comparative details
regarding other contracting options with respect to cost and
availability.
(b) The reports required by subsection (a) shall be submitted in an
appropriate format in order to ensure the safety of law enforcement
personnel.
Sec. 570. The Commissioner of U.S. Customs and Border Protection
may waive the claim for reimbursement of $221,123
[[Page 128 STAT. 287]]
from the fiscal year 2009 appropriation for the Office of the Federal
Coordinator for Gulf Coast Rebuilding.
Sec. 571. <<NOTE: 6 USC 211 note.>> (a) The Commissioner of U.S.
Customs and Border Protection shall develop metrics that support a goal
of reducing passenger processing times at air, land, and sea ports of
entry, taking into consideration the capacity of an air or land port's
physical infrastructure, airline arrival schedules, peak processing
periods, and security requirements.
(b) Not later than 240 days after the date of enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall develop and
implement operational work plans to meet the goals of subsection (a) at
United States air, land, and sea ports with the highest passenger volume
and longest wait times. In developing such plans, the Commissioner of
U.S. Customs and Border Protection shall consult with appropriate
stakeholders, including, but not limited to, airlines and airport
operators, port authorities, and importers.
Sec. 572. None of the funds made available in this Act may be used
to implement, carry out, administer, or enforce section 1308(h) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)).
(rescissions)
Sec. 573. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177), as amended--
(1) $14,500,000 from Public Law 111-83 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(2) $35,500,000 from Public Law 112-10 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(3) $79,300,000 from Public Law 112-74 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(4) $19,879,000 from Public Law 113-6 under the heading
``Coast Guard Acquisition, Construction, and Improvements'';
(5) $35,000,000 from Public Law 113-6 under the heading
``Transportation Security Administration Aviation Security'';
(6) $20,000,000 from Public Law 113-6 under the heading
``Transportation Security Administration Surface Transportation
Security'';
(7) $2,000,000 from ``Transportation Security Administration
Aviation Security'' account 70x0550;
(8) $977,000 from ``Transportation Security Administration
Research and Development'' account 70x0553; and
(9) $67,498,000 from unobligated prior year balances from
``U.S. Customs and Border Protection Border Security, Fencing,
Infrastructure, and Technology''.
(rescission)
Sec. 574. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by
[[Page 128 STAT. 288]]
section 9703 of title 31, United States Code, (added by section 638 of
Public Law 102-393) $100,000,000 shall be rescinded.
(rescissions)
Sec. 575. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $306,015 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $25,093 from ``U.S. Immigration and Customs Enforcement,
Violent Crime Reduction Program'';
(3) $12,864 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses'' account 70x0504 under Public Law 107-117
(115 Stat 2293);
(4) $1,024,433 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'' account 70x0504 under
Public Law 108-11 (117 Stat 582);
(5) $33,792 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(6) $682,854 from ``Federal Emergency Management Agency,
Office of Domestic Preparedness'';
(7) $1,576,761 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''; and
(8) $995,654 from the ``Working Capital Fund''.
(rescissions)
Sec. 576. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Act, 2013 (Public Law 113-6) are
rescinded:
(1) $58,547 from ``Office of the Under Secretary for
Management'';
(2) $10,595 from ``Office of the Chief Financial Officer'';
(3) $140,257 from ``Office of the Chief Information
Officer'';
(4) $375,118 from ``Analysis and Operations'';
(5) $47,996 from ``Office of Inspector General'';
(6) $408,150 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(7) $49,357 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(8) $35,729 from ``U.S. Customs and Border Protection, Air
and Marine Operations'';
(9) $2,635,154 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(10) $1,231,880 from ``Transportation Security
Administration, Federal Air Marshals'';
(11) $3,878,889 from ``Coast Guard, Operating Expenses'';
(12) $245,899 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(13) $952,007 from ``United States Secret Service, Salaries
and Expenses'';
(14) $118,039 from ``National Protection and Programs
Directorate, Management and Administration'';
(15) $120,625 from ``National Protection and Programs
Directorate, Office of Biometric Identity Management'';
[[Page 128 STAT. 289]]
(16) $90,628 from ``Office of Health Affairs'';
(17) $393,451 from ``Federal Emergency Management Agency,
Salaries and Expenses'';
(18) $314,713 from ``Federal Emergency Management Agency,
State and Local Programs'';
(19) $1,906,158 from ``United States Citizenship and
Immigration Services'';
(20) $389,718 from ``Federal Law Enforcement Training
Center, Salaries and Expenses'';
(21) $132,998 from ``Science and Technology, Management and
Administration''; and
(22) $56,993 from ``Domestic Nuclear Detection Office,
Management and Administration''.
Sec. 577. Of the unobligated balance available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $300,522,000 are
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That no amounts may be rescinded from the amounts that were designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of
1985.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2014''.
DIVISION G <<NOTE: Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2014.>> --DEPARTMENT OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$956,875,000, to remain available until expended; of which $3,000,000
shall be available in fiscal year 2014 subject to a match by at least an
equal amount by the National Fish and Wildlife Foundation for cost-
shared projects supporting conservation of Bureau lands; and such funds
shall be advanced to the Foundation as a lump-sum grant without regard
to when expenses are incurred.
In addition, $32,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from a fee of
$6,500 per new application for permit to drill that
[[Page 128 STAT. 290]]
the Bureau shall collect upon submission of each new application, and in
addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2014 so as to result in a final appropriation estimated at
not more than $956,875,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $19,463,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $114,467,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 1181(f)).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315(b), 315(m)) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies
[[Page 128 STAT. 291]]
of official public land documents, for monitoring construction,
operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, <<NOTE: 43 USC 1735 note.>>
That, notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of a
resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities,
including with States. Appropriations for the Bureau shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000: Provided, That
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That projects to be funded pursuant to a written commitment by
a State government to provide an identified amount of money in support
of the project may be carried out by the Bureau on a reimbursable basis.
Appropriations herein made shall not be available for the destruction of
healthy, unadopted, wild
[[Page 128 STAT. 292]]
horses and burros in the care of the Bureau or its contractors or for
the sale of wild horses and burros that results in their destruction for
processing into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,188,339,000, to remain available
until September 30, 2015 except as otherwise provided herein: Provided,
That not to exceed $20,515,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions,
developing and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $4,605,000 shall
be used for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support, for species
listed pursuant to subsection (a)(1) prior to October 1, 2012; of which
not to exceed $1,501,000 shall be used for any activity regarding
petitions to list species that are indigenous to the United States
pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which not to
exceed $1,504,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) for species that are not indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$15,722,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, (16 U.S.C. 460l-4 et seq.), including administrative
expenses, and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United States Fish
and Wildlife Service, $54,422,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended: Provided,
That none of the funds appropriated for specific land acquisition
projects may be used to pay for any administrative overhead, planning or
other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), $50,095,000, to remain
available until expended, of which $22,695,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and
[[Page 128 STAT. 293]]
of which $27,400,000 is to be derived from the Land and Water
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$34,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,660,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $9,061,000, to remain
available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $58,695,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 is for a competitive grant program for States,
territories, and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting $9,571,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands,
each a sum equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary shall apportion the remaining
amount in the following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total land area
of all such States; and
[[Page 128 STAT. 294]]
(2) two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under this
paragraph for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants shall not
exceed 75 percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of the total
costs of such projects: Provided further, That the non-Federal share of
such projects may not be derived from Federal grant programs: Provided
further, That any amount apportioned in 2014 to any State, territory, or
other jurisdiction that remains unobligated as of September 30, 2015,
shall be reapportioned, together with funds appropriated in 2016, in the
manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to
law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park Service,
$2,236,753,000, of which $9,876,000 for planning and interagency
coordination in support of Everglades restoration and $71,040,000 for
maintenance, repair, or rehabilitation projects for constructed assets
shall remain available until September 30, 2015.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
[[Page 128 STAT. 295]]
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $60,795,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470), $56,410,000, to be derived from the
Historic Preservation Fund and to remain available until September 30,
2015.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C.
410r-8), $137,461,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any project
initially funded in fiscal year 2014 with a future phase indicated in
the National Park Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18: Provided
further, <<NOTE: 16 USC 410i note.>> That in addition, the National
Park Service may accept and use other Federal or non-Federal funds to
implement the Tamiami Trail project, and may enter into a cooperative
agreement or other agreements with the State of Florida to transfer
funds to the State to plan and construct the Tamiami Trail project:
Provided further, That a contract for the Tamiami Trail project may not
be awarded until sufficient Federal funds and written commitments from
non-Federal entities are available to cover the total estimated cost of
the contract: Provided further, That because the Tamiami Trail project
provides significant environmental benefits for Everglades National
Park, the requirements of 49 U.S.C. 303 are deemed satisfied with
respect to such project and no additional documentation shall be
required under such section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2014 by section 9 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
10a) <<NOTE: 16 USC 460l-10a note.>> is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $98,100,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $48,090,000 is for the State assistance program and of which
$8,986,000 shall be for the American Battlefield Protection Program
grants as authorized by section 7301 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
[[Page 128 STAT. 296]]
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available for
expenditure by the Secretary, without further appropriation, for use at
any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefitting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or
reduce liability. Franchise fees at the benefitting unit shall be
credited to the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,032,000,000, to remain
available until September 30, 2015; of which $53,337,000 shall remain
available until expended for satellite operations; and of which
$7,280,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, <<NOTE: 43 USC 50.>> That no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
[[Page 128 STAT. 297]]
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of persons
employed by the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code: Provided
further, That the United States Geological Survey may enter into
contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-way
and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $166,891,000, of which
$69,000,000 is to remain available until September 30, 2015 and of which
$97,891,000 is to remain available until expended: Provided, That this
total appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2014
appropriation estimated at not more than $69,000,000: Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities.
[[Page 128 STAT. 298]]
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $122,715,000, of which $63,745,000 is to remain
available until September 30, 2015 and of which $58,970,000 is to remain
available until expended: Provided, That this total appropriation shall
be reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated shall be
reduced as such collections are received during the fiscal year, so as
to result in a final fiscal year 2014 appropriation estimated at not
more than $63,745,000.
For an additional amount, $65,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2014, as provided in
this Act: Provided, That to the extent that amounts realized from such
inspection fees exceed $65,000,000, the amounts realized in excess of
$65,000,000 shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2014, not less
than 50 percent of the inspection fees expended by the Bureau of Safety
and Environmental Enforcement will be used to fund personnel and
mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$122,713,000, to remain available until September 30, 2015:
Provided, <<NOTE: 30 USC 1211 note.>> That appropriations for the
Office of Surface Mining Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel attending
Office of
[[Page 128 STAT. 299]]
Surface Mining Reclamation and Enforcement sponsored training: Provided
further, That, in fiscal year 2014, up to $40,000 collected by the
Office of Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2014 appropriation estimated at not more
than $122,713,000: Provided further, <<NOTE: 30 USC 1257 note.>> That,
in subsequent fiscal years, all amounts collected by the Office of
Surface Mining from permit fees pursuant to section 507 of Public Law
95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,399,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law 95-87
may be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
administrative provision
With <<NOTE: 30 USC 1308b.>> funds available for the Technical
Innovation and Professional Services program in this or any other Act
with respect to any fiscal year, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,378,763,000, to remain available until
September 30, 2015 except as otherwise provided herein; of which not to
exceed $8,500 may be for official
[[Page 128 STAT. 300]]
reception and representation expenses; of which not to exceed
$74,809,000 shall be for welfare assistance payments: Provided, That in
cases of designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for disaster relief to
Indian communities affected by the disaster: Provided further, That
federally recognized Indian tribes and tribal organizations of federally
recognized Indian tribes may use their tribal priority allocations for
unmet welfare assistance costs: Provided further, That not to exceed
$591,234,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2014, and
shall remain available until September 30, 2015: Provided further, That
not to exceed $41,900,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees, litigation
support, land records improvement, and the Navajo-Hopi Settlement
Program: Provided further, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination Act of
1975 (25 U.S.C. 450f et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $48,253,000 within
and only from such amounts made available for school operations shall be
available for administrative cost grants associated with ongoing grants
entered into with the Bureau prior to or during fiscal year 2013 for the
operation of Bureau-funded schools, and up to $500,000 within and only
from such amounts made available for administrative cost grants shall be
available for the transitional costs of initial administrative cost
grants to grantees that assume operation on or after July 1, 2013, of
Bureau-funded schools: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September 30, 2015,
may be transferred during fiscal year 2016 to an Indian forest land
assistance account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2016: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $110,124,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for
[[Page 128 STAT. 301]]
fiscal year 2014, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that are
provided to grant schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided further,
That if the Secretary declines a grant application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in 25
U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of construction projects, the Secretary may assume control of
a project and all funds related to the project, if, within 18 months of
the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction:
Provided further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed in
agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $35,655,000,
to remain available until expended: Provided, That notwithstanding
section 10807(b)(3) and section 10807(c)(3) of Public Law 111-11, the
Secretary is authorized to make payments in fiscal year 2014 in such an
amount as to satisfy the total authorized amount for Duck Valley Indian
Irrigation Project Development Fund and Maintenance Funds.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $6,731,000, of
which $981,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $99,761,658.
[[Page 128 STAT. 302]]
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public
Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may wave this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1, 1996
and to any school or school program that was reinstated in fiscal year
2012. Funds made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded school
before September 1, 1999, may continue to operate during that period,
but only if the charter school pays to the Bureau a pro rata share of
funds to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter school are
kept separate and apart from Bureau funds, and the Bureau does not
assume any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter
school
[[Page 128 STAT. 303]]
and performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $264,000,000, to remain available
until September 30, 2015; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,168,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That, for fiscal
year 2014, up to $400,000 of the payments authorized by the Act of
October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided further, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary may
reduce the payment authorized by 31 U.S.C. 6901-6907 for an individual
county by the amount necessary to correct prior year overpayments to
that county: Provided further, That the amount needed to correct a
prior year underpayment to an individual county shall be paid from any
reductions for overpayments to other counties and the amount necessary
to cover any remaining underpayment is hereby appropriated and shall be
paid to individual counties: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be available
for refunds of overpayments in connection with certain Indian leases in
which the Secretary concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments: Provided further, That,
notwithstanding the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), the Secretary shall deduct 2 percent from the
amount payable to each State in fiscal year 2014 and deposit the amount
deducted to miscellaneous receipts of the Treasury.
[[Page 128 STAT. 304]]
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $85,976,000, of
which: (1) $76,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized by
law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000
shall be available until September 30, 2015, for salaries and expenses
of the Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b.>>
That all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster assistance under
this heading in this Act or previous appropriations Acts may be used as
non-Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under
[[Page 128 STAT. 305]]
section 104(e) of Public Law 108-188 and Public Law 104-134, that are
allocated for Guam, to the Secretary of Agriculture for the subsidy cost
of direct or guaranteed loans, plus not to exceed three percent of the
amount of the subsidy transferred for the cost of loan administration,
for the purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,831,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,677,000, to remain available until expended, of which not to exceed
$23,045,000 from this or any other Act, may be available for historical
accounting: Provided, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education, ``Operation of
Indian Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2014, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That, notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds, until
the affected Indian tribe or individual Indian has
[[Page 128 STAT. 306]]
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss: Provided
further, That, notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least 18
months and has a balance of $15 or less: Provided further, That the
Secretary shall issue an annual account statement and maintain a record
of any such accounts and shall permit the balance in each such account
to be withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal
accounts after September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available in
this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $740,982,000, to remain available until expended, of
which not to exceed $6,127,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That of the funds provided $145,024,000 is for hazardous fuels
reduction activities: Provided further, That of the funds provided
$16,035,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by
a bureau or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States
property, may be credited to the appropriation from which funds were
expended to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts designated
under this title of this Act, the Secretary of the Interior may enter
into procurement contracts, grants, or cooperative agreements, for
hazardous fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154),
[[Page 128 STAT. 307]]
or related partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations:
Provided further, That of the funds made available under section 135 of
Public Law 113-46, $7,500,000 are rescinded and the remaining balances
shall not be subject to the pro rata replenishment requirement in
section 102 of title I of this division.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $92,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the FLAME
Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action,
[[Page 128 STAT. 308]]
including associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $9,598,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $6,263,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system, information technology improvements of general
benefit to the Department, and consolidation of facilities and
operations throughout the Department, $57,000,000, to remain available
until expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services provided by
the National Indian Program Training Center, other than training related
to Public Law 93-638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment or
professional services of the National Indian Program Training Center to
State, local and tribal government employees or persons or organizations
engaged in cultural, educational, or recreational activities (as defined
in section 3306(a) of title 40, United States Code) at the prevailing
rate for similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center: Provided
further, That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until expended,
and shall be used by the Secretary for necessary expenses of the
National Indian Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to support
the Office of Natural Resource Revenue's collection and disbursement of
royalties, fees, and other mineral revenue proceeds, as authorized by
law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset
[[Page 128 STAT. 309]]
the purchase price for the replacement aircraft: Provided further, That
the Bell 206L-1 aircraft, serial number 45287, currently registered as
N613, is to be retired from service and, notwithstanding any other
provision of law, the Interior Business Center, Aviation Management
Directorate shall transfer the aircraft without reimbursement to the
National Law Enforcement Officers Memorial Fund, for the purpose of
providing a static display in the National Law Enforcement Museum:
Provided, That such aircraft shall revert back to the Department of the
Interior if said museum determines in the future that the subject
aircraft is no longer needed.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available
[[Page 128 STAT. 310]]
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' and ``FLAME Wildfire Suppression Reserve Fund'' shall
be exhausted within 30 days: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2014.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State
[[Page 128 STAT. 311]]
of New Jersey, for the purpose of operating and maintaining facilities
in the support of transportation and accommodation of visitors to Ellis,
Governors, and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2014, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Offshore
Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2014 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2014. Fees for fiscal year 2014 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within 30
days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing.
oil and gas leasing internet program
Sec. 108. Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
shall have the authority to implement an oil and gas leasing Internet
program, under which the Secretary may conduct lease sales through
methods other than oral bidding.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 109. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines for division G in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
[[Page 128 STAT. 312]]
authorized use of indian education funds
Sec. 110. <<NOTE: 25 USC 2502a.>> Beginning July 1, 2008, and
thereafter, any funds (including investments and interest earned, except
for construction funds) held by a Public Law 100-297 grant or a Public
Law 93-638 contract school shall, upon retrocession to or re-assumption
by the Bureau of Indian Education, remain available to the Bureau of
Indian Education for a period of 5 years from the date of retrocession
or re-assumption for the benefit of the programs approved for the school
on October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 111. <<NOTE: 16 USC 1336 note.>> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 304B of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254c) (except that
the 5-year term restriction in subsection (d) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 112. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contribution authority
Sec. 113. In fiscal years 2014 through 2019, the Secretary of the
Interior may accept from public and private sources contributions of
money and services for use by the Bureau of Ocean Energy Management or
the Bureau of Safety and Environmental Enforcement to conduct work in
support of the orderly exploration and development of Outer Continental
Shelf resources, including preparation of environmental documents such
as impact statements and assessments, studies, and related research.
prohibition on use of funds
Sec. 114. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the proposed
new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National
[[Page 128 STAT. 313]]
Preserve or lands managed by the Needles Field Office of the Bureau of
Land Management, or for carrying out any activities associated with such
right-of-way or similar approval.
sunrise mountain instant study area release
Sec. 115. (a) Finding.--Congress finds that for the purposes of
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), the public land in Clark County, Nevada, administered by
the Bureau of Land Management in the Sunrise Mountain Instant Study Area
has been adequately studied for wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with land management
plans adopted under section 202 of that Act (43 U.S.C. 1712).
(c) Post Release Land Use Approvals.--Recognizing that the area
released under subsection (b) presents unique opportunities for the
granting of additional rights-of-way, including for high voltage
transmission facilities, the Secretary of the Interior may accommodate
multiple applicants within a particular right-of-way.
prohibition on use of funds
Sec. 116. No funds appropriated or otherwise made available to the
Department of the Interior may be used to process or grant a right of
way, lease or other property interest for the siting of commercial
energy generation facilities on those exclusion lands identified by the
Record of Decision for Solar Energy Development in Six Southwestern
States, signed by the Secretary of the Interior on October 12, 2012,
that lie within the boundaries of the proposed Mojave Trails National
Monument as identified on the Bureau of Land Management map entitled
``Proposed Mojave Trails National Monument'' dated November 20, 2009.
offshore pay authority extension
Sec. 117. For fiscal years 2014 and 2015, funds made available in
this title for the Bureau of Ocean Energy Management and the Bureau of
Safety and Environmental Enforcement may be used by the Secretary of the
Interior to establish higher minimum rates of basic pay described in
section 121(c) of division E of Public Law 112-74 (125 Stat. 1012).
republic of palau
Sec. 118. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2014 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government of
the United States of America and the Government of Palau (48 U.S.C. 1931
note) (referred to in this section as the ``Compact'').
[[Page 128 STAT. 314]]
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2014 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
extension of national heritage area authorities
Sec. 119. (a) Division II of Public Law 104-333 (16 U.S.C. 461 note)
is amended in each of sections 107, 208, 310, 408, 507, 607, 707, 809,
and 910, by striking ``2013'' and inserting ``2015'';
(b) Effective on October 12, 2013, section 7 of Public Law 99-647,
is amended by striking ``2013'' and inserting ``2015'';
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is
amended--
(1) in subsection (c)(1), by striking ``2013'' and inserting
``2015''; and
(2) in subsection (d), by striking ``2013'' and inserting
``2015''; and
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is
amended by striking ``2013'' and inserting ``2015''.
redesignation of the white river national wildlife refuge
Sec. 120. <<NOTE: 16 USC 668d note.>> (a) In General.--The White
River National Wildlife Refuge, located in the State of Arkansas, is
redesignated as the ``Senator Dale Bumpers White River National Wildlife
Refuge''.
(b) References.--Any reference in any statute, rule, regulation,
Executive Order, publication, map, paper, or other document of the
United States to the White River National Wildlife Refuge is deemed to
refer to the Senator Dale Bumpers White River National Wildlife Refuge.
civil penalties
Sec. 121. Section 206 of the Federal Oil and Gas Royalty Management
Act of 1982, Public Law 97-451 (30 U.S.C. 1736) is hereby amended by
striking the second sentence, and inserting in lieu thereof ``Any
payments under this section shall be reduced by an amount equal to any
payments provided or due to such State or Indian tribe under the
cooperative agreement or delegation, as applicable, during the fiscal
year in which the civil penalty is received, up to the total amount
provided or due for that fiscal year.''.
exhaustion of administrative review
Sec. 122. Paragraph (1) of Section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``2012
[[Page 128 STAT. 315]]
and 2013 only,'' in the first sentence and inserting ``2012 through
2015,''.
onshore pay authority
Sec. 123. For fiscal years 2014 and 2015, funds made available in
this title for the Bureau of Land Management and the Bureau of Indian
Affairs may be used by the Secretary of the Interior to establish higher
minimum rates of basic pay for employees of the Department of the
Interior carrying out the inspection and regulation of onshore oil and
gas operations on public lands in the Petroleum Engineer (GS-0881) and
Petroleum Engineering Technician (G-0802) job series at grades 5 through
14 at rates no greater than 25 percent above the minimum rates of basic
pay normally scheduled, and such higher rates shall be consistent with
subsections (e) through (h) of section 5305 of title 5, United States
Code.
wild lands funding prohibition
Sec. 124. None of the funds made available in this Act or any other
Act may be used to implement, administer, or enforce Secretarial Order
No. 3310 issued by the Secretary of the Interior on December 22, 2010:
Provided, That nothing in this section shall restrict the Secretary's
authorities under sections 201 and 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712).
trailing livestock across public lands
Sec. 125. During fiscal years 2014 and 2015, the Bureau of Land
Management may, at its sole discretion, review planning and
implementation decisions regarding the trailing of livestock across
public lands, including, but not limited to, issuance of crossing or
trailing authorizations or permits, under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or
crossing authorizations across public lands shall not be subject to
protest and/or appeal under subpart E of part 4 of title 43, Code of
Federal Regulations, and subpart 4160 of part 4100 of such title.
redesignation of the nisqually national wildlife refuge visitor center
Sec. 126. <<NOTE: 16 USC 668dd note.>> The visitor center at the
Nisqually National Wildlife Refuge in the State of Washington is hereby
designated as the ``Norm Dicks Visitor Center''. Any reference to the
visitor center at the Nisqually National Wildlife Refuge in any law,
regulation, map, document, record, or other paper of the United States
shall be considered a reference to the ``Norm Dicks Visitor Center''.
The Secretary of the Interior shall post an interpretative sign at the
visitor center that includes information on Norm Dicks and his
contributions as a member of the U.S. House of Representatives.
antelope rule
Sec. 127. Before the end of the 60-day period beginning on the date
of enactment of this Act, the Secretary of the Interior
[[Page 128 STAT. 316]]
shall reissue the final rule published on September 2, 2005 (70 Fed.
Reg. 52310 et seq.) without regard to any other provision of statute or
regulation that applies to issuance of such rule.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $759,156,000, to remain available until September 30, 2015:
Provided, That of the funds included under this heading, $4,234,000
shall be for Research: National Priorities as specified in the
explanatory statement accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and representation
expenses, $2,624,149,000, to remain available until September 30, 2015:
Provided, That of the funds included under this heading, $12,700,000
shall be for Environmental Protection: National Priorities as specified
in the explanatory statement accompanying this Act: Provided further,
That of the funds included under this heading, $415,737,000 shall be for
Geographic Programs specified in the explanatory statement accompanying
this Act.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until September 30, 2016.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,849,000, to remain available until September 30, 2015.
[[Page 128 STAT. 317]]
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,088,769,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2013, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $9,939,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain
available until September 30, 2015, and $19,216,000 shall be paid to the
``Science and Technology'' appropriation to remain available until
September 30, 2015.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $94,566,000, to remain available until expended, of which
$68,937,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,629,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,535,161,000, to remain available until expended,
of which--
[[Page 128 STAT. 318]]
(1) $1,448,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $906,896,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2014, to the extent
there are sufficient eligible project applications, not less
than 10 percent of the funds made available under this title to
each State for Clean Water State Revolving Fund capitalization
grants shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2014, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2014 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2014,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act and section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated for State Revolving Funds under such Acts may
be reserved by the Administrator for grants under section 518(c)
and section 1452(i) of such Acts: Provided further, That for
fiscal year 2014, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Clean Water
Act for American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided further,
That for fiscal year 2014, notwithstanding the limitations on
amounts specified in section 1452(j) of the Safe Drinking Water
Act, up to 1.5 percent of the funds appropriated for the
Drinking Water State Revolving Fund programs under the Safe
Drinking Water Act may be reserved by the Administrator for
grants made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That not less than 20 percent but not
more than 30 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund
capitalization grants and not less than 20 percent but not more
than 30 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form
[[Page 128 STAT. 319]]
of forgiveness of principal, negative interest loans, or grants
(or any combination of these), and shall be so used by the State
only where such funds are provided as initial financing for an
eligible recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act; except
that for the Clean Water State Revolving Fund capitalization
grant appropriation this section shall only apply to the portion
that exceeds $1,000,000,000;
(2) $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $10,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided, That, of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs;
(5) $20,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005; and
(6) $1,054,378,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including
activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which: $47,745,000
shall be for carrying out section 128 of CERCLA; $9,646,000
shall
[[Page 128 STAT. 320]]
be for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000 shall be
for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs.
Administrative Provisions--Environmental Protection Agency
(including transfer of funds)
For fiscal year 2014, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2014.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of any
Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration,
[[Page 128 STAT. 321]]
repair, rehabilitation, and renovation of facilities provided that the
cost does not exceed $150,000 per project.
The fourth paragraph under the heading Administrative Provisions of
title II of Public Law 109-54, as amended by the fifth paragraph under
such heading of title II of division E of Public Law 111-8 and the third
paragraph under such heading of title II of Public Law 111-88, is
further amended by striking ``thirty persons'' and inserting ``fifty
persons''.
For fiscal year 2014, and notwithstanding section 518(f) of the
Water Pollution Control Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under Section 319 of the Act to
make grants to federally recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $292,805,000, to remain available until expended:
Provided, That of the funds provided, $66,805,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $229,980,000, to remain
available until expended, as authorized by law; of which $50,965,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,496,330,000, to remain available until
expended: Provided, That of the funds provided, $40,000,000 shall be
deposited in the Collaborative Forest Landscape Restoration Fund for
ecological restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That of the funds provided, $339,130,000 shall be for
forest products: Provided further, That of the funds provided, up to
$81,000,000 is for the Integrated Resource Restoration pilot program for
Region 1, Region 3 and Region 4: Provided further, That of the funds
provided for forest products, up to $53,000,000 may be transferred to
support
[[Page 128 STAT. 322]]
the Integrated Resource Restoration pilot program in the preceding
proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $350,000,000, to remain available until expended, for construction,
capital improvement, maintenance and acquisition of buildings and other
facilities and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation system, and
maintenance of forest roads and trails by the Forest Service as
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That $35,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas
where Forest Service roads may be contributing to water quality problems
in streams and water bodies which support threatened, endangered, or
sensitive species or community water sources: Provided further, That
funds becoming available in fiscal year 2014 under the Act of March 4,
1913 (16 U.S.C. 501) shall be transferred to the General Fund of the
Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated: Provided further, That
of the funds provided for decommissioning of roads, up to $12,000,000
may be transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, (16 U.S.C. 460l-4 et seq.),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $43,525,000, to be derived from the
Land and Water Conservation Fund and to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $912,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
(16 U.S.C. 484a), to remain available until expended (16
[[Page 128 STAT. 323]]
U.S.C. 460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $40,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487), $2,500,000, to
remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,162,302,000, to remain
available until expended: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $6,914,000 of
funds appropriated under this appropriation shall be available for the
Forest Service in support of fire science research authorized by the
Joint Fire Science Program, including all Forest Service authorities for
the use of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research: Provided further, That funds
provided shall be available
[[Page 128 STAT. 324]]
for emergency rehabilitation and restoration, hazardous fuels reduction
activities, support to Federal emergency response, and wildfire
suppression activities of the Forest Service: Provided further, That of
the funds provided, $306,500,000 is for hazardous fuels reduction
activities, $19,795,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, (16 U.S.C. 1641 et seq.), $78,000,000
is for State fire assistance, and $13,025,000 is for volunteer fire
assistance under section 10 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2106): Provided further, That amounts in this
paragraph may be transferred to the ``National Forest System'', and
``Forest and Rangeland Research'' accounts to fund forest and rangeland
research, the Joint Fire Science Program, vegetation and watershed
management, heritage site rehabilitation, and wildlife and fish habitat
management and restoration: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels reduction and for training or monitoring associated
with such hazardous fuels reduction activities on Federal land or on
non-Federal land if the Secretary determines such activities implement a
community wildfire protection plan (or equivalent) and benefit resources
on Federal land: Provided further, That funds made available to
implement the Community Forest Restoration Act, Public Law 106-393,
title VI, shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the ``State
and Private Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may authorize
the transfer of funds appropriated for wildland fire management, in an
aggregate amount not to exceed $50,000,000, between the Departments when
such transfers would facilitate and expedite wildland fire management
programs and projects: Provided further, That notwithstanding 42 U.S.C.
1856d, sums received by the Forest Service for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq. may be credited to this
appropriation, and are available without fiscal year limitation:
Provided further, That of the funds provided for hazardous fuels
reduction, not to exceed $10,000,000 may be used to make grants, using
any authorities available to the Forest Service under the ``State and
Private Forestry'' appropriation, for the purpose of creating incentives
for increased use of biomass from National Forest System lands:
Provided further, That funds designated for wildfire suppression,
including funds transferred from the ``FLAME Wildfire Suppression
Reserve Fund'', shall be assessed for cost pools on the same basis as
such assessments are calculated against other agency programs: Provided
further, That of the funds for hazardous fuels reduction, up to
$24,000,000 may be transferred to the ``National Forest System'' to
support the Integrated Resource Restoration pilot program.
[[Page 128 STAT. 325]]
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $315,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the FLAME
Act of 2009 (43 U.S.C. 1748a).
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft from excess sources to maintain the operable fleet for use
in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and ``FLAME
Wildfire Suppression Reserve Fund'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the
[[Page 128 STAT. 326]]
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None <<NOTE: 16 USC 556i.>> of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-107 (7 U.S.C. 8316(b)).