[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)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement of the managers
accompanying this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit the
Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the Financial Management Modernization
Initiative.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993, Public Law 103-82, as amended by Public Lands Corps Healthy
Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private contributions
to match on at least one-for-one basis funds made available by the
Forest Service: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal
[[Page 128 STAT. 327]]
matching funds: Provided further, <<NOTE: 16 USC 583j-9.>> That for
fiscal year 2014 and thereafter, the National Forest Foundation may hold
Federal funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or after the
date of the enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States or
in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative and
other facilities maintenance and decommissioning. Such assessments shall
occur using a square foot rate charged on the same basis the agency uses
to assess programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar nonlitigation-related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
The 19th unnumbered paragraph under heading ``Administrative
Provisions, Forest Service'' in title III of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006
(Public Law 109-54) is amended by striking ``2014'' and inserting
``2019''.
[[Page 128 STAT. 328]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,982,842,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
and 238b, for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That, $878,575,000 for Purchased/Referred Care, including
$51,500,000 for the Indian Catastrophic Health Emergency Fund, shall
remain available until expended: Provided further, That, of the funds
provided, up to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That the amounts
collected by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and
1616a) during the preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act (25 U.S.C.
1616a-1) and shall remain available until expended and, notwithstanding
section 108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be
available to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of the Act (25 U.S.C. 1613a and
1616a): Provided further, That notwithstanding any other provision of
law, the amounts made available within this account for the
methamphetamine and suicide prevention and treatment initiative and for
the domestic violence prevention initiative shall be allocated at the
discretion of the Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds provided in this
Act may be used for annual contracts and grants that fall within 2
fiscal years, provided the total obligation is recorded in the year the
funds are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the planning, design,
or construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau
[[Page 128 STAT. 329]]
of Indian Affairs may collect from the Indian Health Service, tribes and
tribal organizations operating health facilities pursuant to Public Law
93-638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out
its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $451,673,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development: Provided further, That not to exceed $2,700,000 from
this account and the ``Indian Health Services'' account may be used by
the Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
may be placed in a Demolition Fund, to remain available until expended,
and be used by the Indian Health Service for the demolition of Federal
buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as authorized
by 5 U.S.C. 5901-5902; and for
[[Page 128 STAT. 330]]
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered
or Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
the facility providing the service and shall be available without fiscal
year limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and Public
Law 93-638: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and
program direction purposes, shall not be subject to limitations directed
at curtailing Federal travel and transportation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used for any assessments or charges by the Department of
Health and Human Services unless identified in the budget justification
and provided in this Act, or approved by the House and Senate Committees
on Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification to
the House and Senate Committees on Appropriations.
[[Page 128 STAT. 331]]
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA); section
118(f) of the Superfund Amendments and Reauthorization Act of 1986
(SARA); and section 3019 of the Solid Waste Disposal Act, $74,691,000,
of which up to $1,000 per eligible employee of the Agency for Toxic
Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding any
other provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(I) of CERCLA during fiscal year 2014, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,000,000: Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of one
member, appointed by the President, by and with the advice and consent
of the Senate, serving as chairman and exercising all powers, functions,
and duties of the Council.
[[Page 128 STAT. 332]]
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation Board
(Board) shall have not more than three career Senior Executive Service
positions: Provided further, <<NOTE: 5 USC app. 8G note.>> That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection Agency
(EPA) shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That notwithstanding
any other provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board, and shall
not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,341,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10: Provided further, That $200,000 shall be
transferred to the Office of Inspector General of the Department of the
Interior, to remain available until expended, for audits and
investigations of the Office of Navajo and Hopi Indian Relocation,
consistent with the Inspector General Act of 1978 (5 U.S.C. App.).
[[Page 128 STAT. 333]]
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $9,369,000, to remain available until
September 30, 2015.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $647,000,000, to remain available until September 30, 2015,
except as otherwise provided herein; of which not to exceed $41,082,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$158,000,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109, and of
which $55,000,000 shall be for construction of the National Museum of
African American History and Culture.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in
[[Page 128 STAT. 334]]
advance when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publications
or services are available to members only, or to members at a price
lower than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental
of devices and services for protecting buildings and contents thereof,
and maintenance, alteration, improvement, and repair of buildings,
approaches, and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or organizations at
such rates or prices and under such terms and conditions as the Gallery
may deem proper, $118,000,000, to remain available until September 30,
2015, of which not to exceed $3,533,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $15,000,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $22,193,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $12,205,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $10,500,000, to
remain available until September 30, 2015.
[[Page 128 STAT. 335]]
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for administering the
functions of the Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 to remain available
until expended, of which $135,283,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,738,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,357,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
[[Page 128 STAT. 336]]
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter 91 of
title 40, United States Code, $2,396,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork, drawings
and artifacts, that pertain to the history and design of the Nation's
Capital or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,531,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,084,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $52,385,000, of which $515,000
shall remain available until September 30, 2016, for the Museum's
equipment replacement program; and of which $1,900,000 for the Museum's
repair and rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain
available until expended.
[[Page 128 STAT. 337]]
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. <<NOTE: 5 USC 3109 note.>> In fiscal year 2014 and
thereafter, the expenditure of any appropriation under this Act or any
subsequent Act appropriating funds for departments and agencies funded
in this Act, for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which Congressional action is not
complete other than to communicate to Members of Congress as described
in 18 U.S.C. 1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 404. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and subactivities
to support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 405. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised
[[Page 128 STAT. 338]]
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2015, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs
Sec. 406. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88,
112-10, 112-74, and 113-6 for payments for contract support costs
associated with self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of Indian Affairs
or the Indian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2013 for such purposes,
except that the Bureau of Indian Affairs, tribes and tribal
organizations may use their tribal priority allocations for unmet
contract support costs of ongoing contracts, grants, self-governance
compacts, or annual funding agreements.
forest management plans
Sec. 407. <<NOTE: 16 USC 1604 note.>> The Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect
[[Page 128 STAT. 339]]
to such plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
extension of grazing permits
Sec. 411. Section 415 of division E of Public Law 112-74 is amended
by striking ``and 2013'' and inserting ``through 2015''.
prohibition on no-bid contracts
Sec. 412. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
[[Page 128 STAT. 340]]
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 413. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that
it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 414. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 415. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically
[[Page 128 STAT. 341]]
been outside the purview of arts and humanities programs due to
factors such as a high incidence of income below the poverty
line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
national endowment for the arts grant awards to states
Sec. 416. Section 5(g)(4) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)), is amended--
(1) in subparagraph (A) by adding at the end the following:
``Whenever a State agency requests that the Chairperson exercise
such discretion, the Chairperson shall--
``(i) give consideration to the various circumstances the
State is encountering at the time of such request; and
``(ii) ensure that such discretion is not exercised with
respect to such State in perpetuity.''; and
(2) in subparagraph (C) by adding at the end the following:
``The non-Federal funds required by subparagraph (A) to pay 50
percent of the cost of a program or production shall be provided
from funds directly controlled and appropriated by the State
involved and directly managed by the State agency of such
State.''.
expansion and extension of good neighbor cooperative conservation
authority
Sec. 417. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996),
as amended by section 336 of division E of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118
[[Page 128 STAT. 342]]
Stat. 3102) and section 422 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010 (division A
of Public Law 111-88; 123 Stat. 2961), <<NOTE: 16 USC 1011 note.>> is
further amended--
(1) in the section heading, by striking ``in Colorado'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Colorado'';
(B) by striking ``may permit the Colorado State
Forest Service'' and inserting ``may permit the head of
a State agency with jurisdiction over State forestry
programs in a State containing National Forest System
land (in this section referred to as a `State
Forester')''; and
(C) by striking ``of Colorado'';
(3) in subsection (b)--
(A) in the first sentence, by striking ``of
Colorado''; and
(B) in the second sentence, by striking ``the
Colorado State Forest Service'' and inserting ``a State
Forester'';
(4) in subsection (c)--
(A) by striking ``the Colorado State Forest
Service'' the first place it appears and inserting ``a
State Forester'';
(B) by striking ``of Colorado''; and
(C) by striking ``the Colorado State Forest
Service'' the second place it appears and inserting
``the State'';
(5) in subsection (d)--
(A) in the subsection heading, by striking
``Colorado''; and
(B) by striking ``the State of Colorado'' and
inserting ``a State''; and
(6) in subsection (e), by striking ``September 30, 2013''
and inserting ``September 30, 2018''.
status of balances of appropriations
Sec. 418. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 419. Not later than 120 days after the date on which the
President's fiscal year 2015 budget request is submitted to the
Congress, the President shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate describing in detail all Federal agency funding, domestic and
international, for climate change programs, projects, and activities in
fiscal years 2013 and 2014, including an accounting of funding by agency
with each agency identifying climate change programs, projects, and
activities and associated costs by line item as presented in the
President's Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each
climate change program, project, and activity listed in the report.
[[Page 128 STAT. 343]]
prohibition on use of funds
Sec. 420. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 421. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 422. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
limitation with respect to delinquent tax debts
Sec. 423. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
alaska native regional health entities
Sec. 424. (a) Notwithstanding any other provision of law and until
October 1, 2018, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into
[[Page 128 STAT. 344]]
prior to May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to which
funds may be disbursed under this section.
forest service administration of rights-of-way and land uses
Sec. 425. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 note) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Program Required.--For fiscal year 2014 and each fiscal year
thereafter, the Secretary of Agriculture shall conduct a program for the
purpose of enhancing Forest Service administration of rights-of-way and
other land uses.''; and
(2) in subsection (b), by striking ``during fiscal years
2000 through 2012'' and inserting ``each fiscal year''.
forest service partnership agreements
Sec. 426. <<NOTE: 16 USC 565a-1 note.>> (a) Agreements Authorized.--
The Secretary of Agriculture may enter into an agreement under section 1
of Public Law 94-148 (16 U.S.C. 565a-1) with a Federal, tribal, State,
or local government or a nonprofit entity for the following additional
purposes:
(1) To develop, produce, publish, distribute, or sell
educational and interpretive materials and products.
(2) To develop, conduct, or sell educational and
interpretive programs and services.
(3) To construct, maintain, or improve facilities not under
the jurisdiction, custody, or control of the Administrator of
General Services on or in the vicinity of National Forest System
lands for the sale or distribution of educational and
interpretive materials, products, programs, and services.
(4) To operate facilities (including providing the services
of Forest Service employees to staff facilities) in any public
or private building or on land not under the jurisdiction,
custody, or control of the Administrator of General Services for
the sale or distribution of educational and interpretive
materials, products, programs, and services, pertaining to
National Forest System lands, private lands, and lands
administered by other public entities.
(5) To sell health and safety products, visitor convenience
items, or other similar items (as determined by the Secretary)
in facilities not under the jurisdiction, custody, or control of
the Administrator of General Services on or in the vicinity of
National Forest System lands.
(6) To collect funds on behalf of cooperators from the sale
of materials, products, programs, and services, as authorized by
a preceding paragraph, when the collection of such funds is
incidental to other duties of Forest Service employees.
(b) Treatment of Contributions of Volunteers.--The Forest Service
may consider the value of services performed by persons who volunteer
their services to the Forest Service and
[[Page 128 STAT. 345]]
who are recruited, trained, and supported by a cooperator as an in-kind
contribution of the cooperator for purposes of any cost sharing
requirement under any Forest Service authority to enter into mutual
benefit agreements.
(c) Duration.--The authority provided by subsections (a) and (b)
expires September 30, 2019.
contracting authorities
Sec. 427. Section 412 of Division E of Public Law 112-74 is amended
by striking ``fiscal year 2013,'' and inserting ``fiscal year 2015,''.
chesapeake bay initiative
Sec. 428. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 16 U.S.C. 461 note) is amended by striking
``2013'' and inserting ``2015''.
american battlefield protection program grants
Sec. 429. Section 7301(c)(6) of Public Law 111-11 (16 U.S.C. 469k-
1(c)(6)) is amended by striking ``2013'' and inserting ``2014''.
cooperative action and sharing of resources by secretaries of the
interior and agriculture
(service first initiative)
Sec. 430. Section 330 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (Public Law 106-291; 43 U.S.C. 1703)
is amended--
(1) in the first sentence, by striking ``programs. involving
the land management agencies referred to in this section'' and
inserting ``programs'';
(2) in the first sentence, by striking ``and promulgate''
and inserting ``and may promulgate''; and
(3) in the third sentence, by inserting after ``Forest
Service'' the following: ``or matters under the purview of other
bureaus or offices of either Department''.
separate forest service decision making and appeals process
Sec. 431. Section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612
note) and section 428 of division E of the Consolidated Appropriations
Act, 2012 (Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note) shall
not apply to any project or activity implementing a land and resource
management plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is
categorically excluded from documentation in an environmental assessment
or an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
extension of forest botanical products authorities
Sec. 432. Section 339(h)(1) of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (enacted into law
[[Page 128 STAT. 346]]
by section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 528 note) is
amended by striking ``until September 30, 2014'' and inserting ``through
fiscal year 2019''.
shasta trinity marina fees
Sec. 433. Section 422, division F, Consolidated Appropriations Act,
2008 (Public Law 110-161; 121 Stat 2149), as amended, is further amended
by striking ``and subsequent fiscal years through fiscal year 2014'' and
inserting ``and each subsequent fiscal year through fiscal year 2019''.
stewardship end result contracting projects
Sec. 434. Section 347(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public
Law 105-277, as amended) is amended in subsection (a) by striking
``Until September 30, 2013,'' and inserting ``Until September 30,
2014,''.
mining access
Sec. 435. In Region 10, the Secretary of Agriculture, acting though
the Chief of the Forest Service, shall allow reasonable access for the
orderly development of mining claims located inside areas subject to
mineral lands use designations in the relevant Forest Plan.
use of american iron and steel
Sec. 436. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made
available by a drinking water treatment revolving loan fund as
authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment works
unless all of the iron and steel products used in the project are
produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
[[Page 128 STAT. 347]]
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including on
the official public Internet Web site of the Environmental Protection
Agency.
(d) This section shall be applied in a manner consistent with United
States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
(f) This section does not apply with respect to a project if a State
agency approves the engineering plans and specifications for the
project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to the date of
the enactment of this Act.
modification of authorities
Sec. 437. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2013'' and inserting ``September 30,
2014''.
(b) For fiscal year 2014, the authority provided by the provisos
under the heading ``Dwight D. Eisenhower Memorial Commission--Capital
Construction'' in division E of Public Law 112-74 shall not be in
effect.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2014''.
DIVISION H-- <<NOTE: Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2014.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I <<NOTE: Department of Labor Appropriations Act, 2014.>>
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of 1998
(referred to in this Act as ``WIA''), the Second Chance Act of 2007, the
Women in Apprenticeship and Non-Traditional Occupations Act of 1992
(``WANTO Act''), and the Workforce Innovation Fund, as established by
this Act, $3,148,855,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,588,108,000 as follows:
[[Page 128 STAT. 348]]
(A) $766,080,000 for adult employment and training
activities, of which $54,080,000 shall be available for
the period July 1, 2014, through June 30, 2015, and of
which $712,000,000 shall be available for the period
October 1, 2014 through June 30, 2015;
(B) $820,430,000 for youth activities, which shall
be available for the period April 1, 2014 through June
30, 2015; and
(C) $1,001,598,000 for dislocated worker employment
and training activities, of which $141,598,000 shall be
available for the period July 1, 2014 through June 30,
2015, and of which $860,000,000 shall be available for
the period October 1, 2014 through June 30, 2015:
Provided, That notwithstanding the transfer limitation under section
133(b)(4) of the WIA, up to 30 percent of such funds may be transferred
by a local board if approved by the Governor: Provided further, That a
local board may award a contract to an institution of higher education
or other eligible training provider if the local board determines that
it would facilitate the training of multiple individuals in high-demand
occupations, if such contract does not limit customer choice: Provided
further, That notwithstanding section 128(a)(1) of the WIA, the amount
available to the Governor for statewide workforce investment activities
shall not exceed 8.75 percent of the amount allotted to the State from
each of the appropriations under the preceding subparagraphs;
(2) for federally administered programs, $474,669,000 as
follows:
(A) $220,859,000 for the dislocated workers
assistance national reserve, of which $20,859,000 shall
be available for the period July 1, 2014 through June
30, 2015, and of which $200,000,000 shall be available
for the period October 1, 2014 through June 30, 2015:
Provided, That funds provided to carry out section
132(a)(2)(A) of the WIA may be used to provide
assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out section 171(d) of the WIA
may be used for demonstration projects that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That none of the
funds shall be obligated to carry out section 173(e) of
the WIA;
(B) $46,082,000 for Native American programs, which
shall be available for the period July 1, 2014 through
June 30, 2015;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$75,885,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,517,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $494,000 for other discretionary
purposes, which shall be available for the period July
1, 2014 through June
[[Page 128 STAT. 349]]
30, 2015: Provided, That notwithstanding any other
provision of law or related regulation, the Department
of Labor shall take no action limiting the number or
proportion of eligible participants receiving related
assistance services or discouraging grantees from
providing such services;
(D) $994,000 for carrying out the WANTO Act, which
shall be available for the period July 1, 2014 through
June 30, 2015;
(E) $77,534,000 for YouthBuild activities as
described in section 173A of the WIA, which shall be
available for the period April 1, 2014 through June 30,
2015; and
(F) $47,304,000 to be available to the Secretary of
Labor (referred to in this title as ``Secretary'') for
the Workforce Innovation Fund to carry out projects that
demonstrate innovative strategies or replicate effective
evidence-based strategies that align and strengthen the
workforce investment system in order to improve program
delivery and education and employment outcomes for
beneficiaries, which shall be for the period July 1,
2014 through September 30, 2015: Provided, That amounts
shall be available for awards to States or State
agencies that are eligible for assistance under any
program authorized under the WIA, consortia of States,
or partnerships, including regional partnerships:
Provided further, That not more than 5 percent of the
funds available for workforce innovation activities
shall be for technical assistance and evaluations
related to the projects carried out with these funds:
Provided further, That the Secretary may authorize
awardees to use a portion of awarded funds for
evaluation, upon the Chief Evaluation Officer's approval
of an evaluation plan;
(3) for national activities, $86,078,000, as follows:
(A) $80,078,000 for ex-offender activities, under
the authority of section 171 of the WIA and section 212
of the Second Chance Act of 2007, which shall be
available for the period April 1, 2014 through June 30,
2015, notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA: Provided, That
of this amount, $20,000,000 shall be for competitive
grants to national and regional intermediaries for
activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects
serving high-crime, high-poverty areas; and
(B) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 171(c)(2) of
the WIA, which shall be available for the period July 1,
2014 through June 30, 2015, and which shall not be
subject to the requirements of section 171(c)(4)(D).
office of job corps
To carry out subtitle C of title I of the WIA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIA, $1,688,155,000, plus reimbursements, as
follows:
[[Page 128 STAT. 350]]
(1) $1,578,008,000 for Job Corps Operations, which shall be
available for the period July 1, 2014 through June 30, 2015;
(2) $80,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2014 through June 30, 2017: Provided, That
the Secretary may transfer up to 15 percent of such funds to
meet the operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any funds
transferred pursuant to the preceding proviso shall not be
available for obligation after June 30, 2015: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer; and
(3) $30,147,000 for necessary expenses of the Office of Job
Corps, which shall be available for obligation for the period
October 1, 2013 through September 30, 2014:
Provided further, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $434,371,000, which shall be available for the
period July 1, 2014 through June 30, 2015, and may be recaptured and
reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2014 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, including benefit payments, allowances, training, employment and
case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, $656,000,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2014.
state unemployment insurance and employment service operations
For authorized administrative expenses, $81,566,000, together with
not to exceed $3,596,813,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,861,575,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $60,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and $10,000,000 for
activities to address the misclassification of workers), the
[[Page 128 STAT. 351]]
administration of unemployment insurance for Federal employees
and for ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative trade
adjustment assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance Extension Act
of 2011, and shall be available for obligation by the States
through December 31, 2014, except that funds used for automation
acquisitions or competitive grants awarded to States for
improved operations, reemployment and eligibility assessments
and improper payments, or activities to address
misclassification of workers shall be available for Federal
obligation through December 31, 2014 and for obligation by the
States through September 30, 2016, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2014 shall be available for Federal
obligation through December 31, 2014;
(2) $10,676,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $642,771,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2014 through June 30, 2015;
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act,
including not to exceed $1,166,000 that may be used for
amortization payments to States which had independent retirement
plans in their State employment service agencies prior to 1980;
(5) $61,973,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $47,691,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $60,153,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and section 171
(e)(2)(C) of the WIA and shall be available for Federal
obligation for the period July 1, 2014 through June 30, 2015:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2014 is projected by the
Department of Labor to exceed 3,357,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further,
[[Page 128 STAT. 352]]
That the Secretary may use funds appropriated for grants to States under
title III of the Social Security Act to make payments on behalf of
States for the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State entities:
Provided further, That States awarded competitive grants for improved
operations under title III of the Social Security Act, or awarded grants
to support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States under such grants,
subject to the conditions applicable to the grants: Provided further,
That funds appropriated under this Act for activities authorized under
title III of the Social Security Act and the Wagner-Peyser Act may be
used by States to fund integrated Unemployment Insurance and Employment
Service automation efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular A-87:
Provided further, That the Secretary, at the request of a State
participating in a consortium with other States, may reallot funds
allotted to such State under title III of the Social Security Act to
other States participating in the consortium in order to carry out
activities that benefit the administration of the unemployment
compensation law of the State making the request: Provided further,
That the Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services relating to
the National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education, and
non-profit organizations and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, for the National Agricultural Workers
Survey infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall be credited
to this appropriation and shall remain available until September 30,
2015, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be available
to conduct in-person reemployment and eligibility assessments and
unemployment insurance improper payment reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2015.
program administration
For expenses of administering employment and training programs,
$100,577,000, together with not to exceed $49,982,000 which
[[Page 128 STAT. 353]]
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $178,500,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2014, for the Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2014 shall be available for
obligations for administrative expenses in excess of $505,441,000:
Provided further, That to the extent that the number of new plan
participants in plans terminated by the Corporation exceeds 100,000 in
fiscal year 2014, an amount not to exceed an additional $9,200,000 shall
be available through September 30, 2015, for obligation for
administrative expenses for every 20,000 additional terminated
participants: Provided further, That an additional $50,000 shall be
made available through September 30, 2015, for obligation for investment
management fees for every $25,000,000 in assets received by the
Corporation as a result of new plan terminations or asset growth, after
approval by the Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary multiemployer
program related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of the House
of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $224,330,000.
[[Page 128 STAT. 354]]
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$39,129,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $104,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $109,641,000, together with $2,142,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of
1948; and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $396,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer,
who is not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2013, shall
remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2014:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $60,017,000 shall be made available to the
Secretary as follows:
[[Page 128 STAT. 355]]
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$19,499,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,190,000;
(4) For program integrity, $1,360,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $93,235,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2015, $24,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,176,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such <<NOTE: 26 USC 9501 note.>> sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2014 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $33,033,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $25,365,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $327,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into
[[Page 128 STAT. 356]]
miscellaneous receipts for the expenses of the Department of the
Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,247,000, including not to exceed $100,000,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending
September 30, 2014, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two
[[Page 128 STAT. 357]]
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,687,000 shall be available for Susan Harwood training
grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$8,441,000 for state assistance grants; in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety Academy
for room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, <<NOTE: 30 USC 966.>> the Mine Safety and Health
Administration may retain up to $2,499,000 in this fiscal year and each
fiscal year thereafter from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; <<NOTE: 30 USC 962.>> the
Secretary is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event of a major
disaster: Provided, That the Secretary may transfer such sums as may be
necessary to ``Departmental Management'' for the Office of the Solicitor
move related to the relocation of the Mine Safety and Health
Administration headquarters.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local
[[Page 128 STAT. 358]]
agencies and their employees for services rendered, $527,212,000,
together with not to exceed $65,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $37,745,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $336,621,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$64,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2014: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not more than $58,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $6,000,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2015: Provided
further, That funds available for program evaluation may be transferred
to any other appropriate account in the Department for such purpose:
Provided further, That the funds available to the Women's Bureau may be
used for grants to serve and promote the interests of women in the
workforce.
veterans employment and training
Not to exceed $231,414,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
program specialists under section 4103A of such title and local
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
[[Page 128 STAT. 359]]
States through December 31, 2014: Provided, That, in addition,
such funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $14,000,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $39,000,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided further, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such
reallocation is made.
In addition, from the General Fund of the Treasury, $38,109,000 is
for carrying out the Homeless Veterans Reintegration Programs under 38
U.S.C. 2021.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $19,778,000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$74,721,000, together with not to exceed $5,590,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the Committees
on Appropriations of
[[Page 128 STAT. 360]]
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than competitive grants for training individuals over the age of 16 who
are not currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using H-1B
visas to hire foreign workers, and the related activities necessary to
support such training: Provided, That the preceding limitation shall
not apply to funding provided pursuant to solicitations for grant
applications issued prior to January 15, 2014.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
Notwithstanding this section, the limitation on salaries for the Job
Corps shall continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend, through
regulatory or administration action, the definition established in
section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of WIA, or to modify, through
regulatory or administrative action, the procedure for redesignation of
local areas as specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of that Act,
but notwithstanding the time limits specified in section 116(a)(3)(B) of
that Act), until such time as legislation reauthorizing the Act is
enacted. Nothing in the preceding sentence shall permit or require the
Secretary to withdraw approval for such redesignation from a State that
received the approval not later than October 12, 2005, or to revise
action taken or modify the redesignation procedure being used by the
Secretary in order to complete such redesignation for a State that
initiated the process of such redesignation by submitting any request
for such redesignation not later than October 26, 2005.
[[Page 128 STAT. 361]]
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may transfer
funds made available to the Employment and Training Administration by
this Act, either directly or through a set-aside, for technical
assistance services to grantees to ``Program Administration'' when it is
determined that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not apply to
section 173A(f)(2) of the WIA.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2015: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of Representatives
and the Senate describing the evaluations to be carried out 15 days in
advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Office of Job Corps'', ``Community Service
Employment for Older Americans'', ``State Unemployment Insurance and
Employment Service Operations'', ``Employee Benefits Security
Administration'', ``Office of Workers' Compensation Programs'', ``Wage
and Hour Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
funding made available to the ``Bureau of International Affairs'' and
``Women's Bureau'' within the ``Departmental Management, Salaries and
Expenses'' account, and ``Veterans Employment and Training''.
Sec. 109. None of the funds made available by this Act may be used
to promulgate the Definition of ``Fiduciary'' regulation (Regulatory
Identification Number 1210-AB32) published by the Employee Benefits
Security Administration of the Department of Labor on October 22, 2010
(75 Fed. Reg. 65263).
Sec. 110. (a) Of the funds appropriated under section 272(b) of the
Trade Act of 1974 for fiscal year 2014, the Secretary may reserve no
more than 3 percent of such funds to conduct evaluations and provide
technical assistance relating to the activities carried out under
section 271 of such Act, including activities carried out under such
section supported by the appropriations provided for fiscal years 2011
through 2013.
(b) Institutions of higher education awarded grants under section
271 of the Trade Act of 1974 may award subgrants to other institutions
of higher education that meet the definition of ``eligible institution''
under section 271(b)(1)(A) of such Act, subject to the conditions
applicable to such grants.
Sec. 111. (a) Section 5315 of title 5, United States Code, is
amended after the item relating to the Assistant Secretaries of Labor by
inserting ``Administrator, Wage and Hour Division, Department of
Labor.''
[[Page 128 STAT. 362]]
(b) Section 5316, title 5, United States Code, is amended by
striking ``Administrator, Wage and Hour and Public Contracts Division,
Department of Labor.''
directive for the secretary of labor
Sec. 112. In an investigation by the Department of substantial
violations related to the admission of nonimmigrants described in
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, if
the employer of such nonimmigrants demonstrates, by a preponderance of
the evidence, that an agent of the employer engaged in fraud or
misrepresentation to the Department that was outside the scope of the
authority conferred by the employer, the Secretary is authorized--
(1) to exclude the employer of such nonimmigrants from
debarment proceedings under section 655.118 of title 20, Code of
Federal Regulations, which were commenced on or after January 1,
2013; and
(2) to initiate or continue debarment proceedings against
the agent who engaged in such fraud or misrepresentation.
Sec. 113. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for
H-2B nonimmigrants filed by an employer in the seafood industry
is granted, the employer may bring the nonimmigrants described
in the petition into the United States at any time during the
120-day period beginning on the start date for which the
employer is seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
(c) This section shall be in effect until September 30, 2014.
[[Page 128 STAT. 363]]
This title may be cited as the ``Department of Labor Appropriations
Act, 2014''.
TITLE II <<NOTE: Department of Health and Human Services.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,495,276,000: Provided, That no more than $40,000 shall be available
until expended for carrying out the provisions of section 224(o) of the
PHS Act, including associated administrative expenses and relevant
evaluations: Provided further, That no more than $94,893,000 shall be
available until expended for carrying out the provisions of Public Law
104-73 and for expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law: Provided further, That of
funds provided for the Health Centers program, as defined by section 330
of the PHS Act, by this Act or any other Act for fiscal year 2014, not
less than $110,000,000 shall be obligated in fiscal year 2014 as base
grant adjustments and not less than $350,000,000 shall be obligated in
fiscal year 2014 to support new access points including approved and
unfunded applications from fiscal year 2013, grants to expand medical
services, behavioral health, oral health, pharmacy, and vision services,
and costs associated with the HHS administration of these grants.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986, $734,236,000:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of the PHS Act shall not apply to funds made available under this
heading: Provided further, <<NOTE: 42 USC 294a note.>> That for any
program operating under section 751 of the PHS Act on or before January
1, 2009, the Secretary may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That in addition to fees authorized by section 427(b)
of the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under such Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank and shall remain available until expended to
carry out that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of the Social
Security Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to carry out that
Act: Provided further,
[[Page 128 STAT. 364]]
That fees collected for the disclosure of information under the
information reporting requirement program authorized by section 1921 of
the Social Security Act shall be sufficient to recover the full costs of
operating the program and shall remain available until expended to carry
out that Act: Provided further, That funds transferred to this account
to carry out section 846 and subpart 3 of part D of title III of the PHS
Act may be used to make prior year adjustments to awards made under such
sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$846,017,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $77,093,000 shall be
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in paragraphs (A) through (F)
of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,293,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2016, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act: Provided, That in
addition to amounts provided herein, $25,000,000 shall be available from
amounts available under section 241 of the PHS Act to carry out parts A,
B, C, and D of title XXVI of the PHS Act to fund Special Projects of
National Significance under section 2691.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $103,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820
of the Social Security Act, $142,335,000, of which $40,609,000 from
general revenues, notwithstanding section 1820(j) of the Social Security
Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available
under this heading for Medicare rural hospital flexibility grants,
$14,942,000 shall be available for the Small Rural Hospital Improvement
Grant Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section 1820(g)(6)
of the Social Security Act, with funds provided for grants under section
[[Page 128 STAT. 365]]
1820(g)(6) available for the purchase and implementation of telehealth
services, including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between rural providers
and the Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS Act,
$9,511,000 shall be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000: Provided, That
amounts provided to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $153,061,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health
Care Systems'', and ``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the PHS Act. For administrative
expenses to carry out the guaranteed loan program, including section 709
of the PHS Act, $2,687,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $6,464,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $571,536,000: Provided, That in
addition to amounts provided herein, $12,864,000 shall be available from
amounts available under section 241 of the PHS Act to carry out the
National Immunization Surveys.
[[Page 128 STAT. 366]]
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, XXIII, and XXVI of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,072,834,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $287,300,000: Provided, That
of the funds provided for the Advanced Molecular Detection initiative,
the CDC Director shall establish and publish a five-year program
implementation plan within 90 days of enactment.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$711,650,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for not
less than 21 States, tribes, or tribal organizations: Provided further,
That of the funds available under this heading, $5,000,000 shall be
available to conduct an extension and outreach program to combat obesity
in counties with the highest levels of obesity: Provided further, That
of the funds provided under this heading, $80,000,000 shall be available
for a program consisting of three-year grants of no less than $100,000
per year to non-governmental entities, local public health offices,
school districts, local housing authorities, local transportation
authorities or Indian tribes to implement evidence-based chronic disease
prevention strategies: Provided further, That applicants for grants
described in the previous proviso shall determine the population to be
served and shall agree to work in collaboration with multi-sector
partners.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $122,435,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, informatics, and workforce
development, $347,179,000: Provided, That in addition to amounts
provided herein, $85,691,000 shall be available from amounts available
under section 241 of the PHS Act to carry out public health scientific
services.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $147,555,000.
[[Page 128 STAT. 367]]
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $142,311,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and New
Emergency Response Act, and sections 20, 21, and 22 of the Occupational
Safety and Health Act, with respect to occupational safety and health,
$180,300,000: Provided, That in addition to amounts provided herein,
$112,000,000 shall be available from amounts available under section 241
of the PHS Act.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $383,000,000, of which $114,250,000 for
international HIV/AIDS shall remain available through September 30,
2015, and of which $7,500,000 shall remain available through September
30, 2015, to support national public health institutes: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,323,450,000, of which $535,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 30 days to support the work of the
CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
in the previous proviso the annual reimbursement cannot exceed
$3,000,000 across CDC: Provided further, That of the funds provided for
the Strategic National Stockpile, up to $2,000,000 shall be used to
support a comprehensive IOM evaluation of the distribution system.
[[Page 128 STAT. 368]]
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support that
supplement activities funded under the headings ``Immunization and
Respiratory Diseases'', ``HIV/AIDS, Viral Hepatitis, Sexually
Transmitted Diseases, and Tuberculosis Prevention'', ``Emerging and
Zoonotic Infectious Diseases'', ``Chronic Disease Prevention and Health
Promotion'', ``Birth Defects, Developmental Disabilities, Disabilities
and Health'', ``Environmental Health'', ``Injury Prevention and
Control'', ``National Institute for Occupational Safety and Health'',
``Energy Employees Occupational Illness Compensation Program'', ``Global
Health'', ``Public Health Preparedness and Response'', and ``Public
Health Scientific Services'', $517,570,000, of which $380,000,000 shall
be available until September 30, 2015, for business services and
transfer to the Working Capital Fund, and of which $24,000,000 shall be
available until September 30, 2018, for acquisition of real property,
equipment, construction and renovation of facilities: Provided, That
paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS
Act shall not apply to funds appropriated under this heading and in all
other accounts of the CDC: Provided further, That funds appropriated
under this heading and in all other accounts of CDC may be used to
support the purchase, hire, maintenance, and operation of aircraft for
use and support of the activities of CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program shall be available through September 30, 2015: Provided
further, That of the funds made available under this heading and in all
other accounts of CDC, up to $1,000 per eligible employee of CDC shall
be made available until expended for Individual Learning Accounts:
Provided further, <<NOTE: 42 USC 247d-4 note.>> That to facilitate the
implementation of the permanent Working Capital Fund (``WCF'')
authorized under this heading in division F of Public Law 112-74, on or
after enactment of this Act, unobligated balances of amounts
appropriated for business services for fiscal year 2013 shall be
transferred to the WCF: Provided further, That on or after enactment of
this Act, CDC shall transfer amounts available for business services to
other CDC appropriations consistent with the benefit each appropriation
received from the business services appropriation in fiscal year 2013:
Provided further, That once the WCF is implemented in fiscal year 2014,
assets purchased in any
[[Page 128 STAT. 369]]
prior fiscal year with funds appropriated for or reimbursed to business
services may be transferred to the WCF and customers billed for
depreciation of those assets: Provided further, That CDC shall,
consistent with the authorities provided in 42 U.S.C. 231, ensure that
the WCF is used only for administrative support services and not for
programmatic activities: Provided further, That CDC shall notify the
Committees on Appropriations of the House of Representatives and the
Senate not later than 15 days prior to any transfers made with funds
provided under this heading.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $4,923,238,000, of which up to $8,000,000 may be used
for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $2,988,605,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $398,650,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,744,274,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,587,982,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,358,841,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,364,147,000: Provided, That not
less than $273,325,000 is provided for the Institutional Development
Awards program.
[[Page 128 STAT. 370]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,282,595,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $682,077,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $665,439,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,171,038,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$520,053,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $404,049,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $140,517,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $446,025,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,025,435,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,446,172,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $497,813,000.
[[Page 128 STAT. 371]]
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $329,172,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and alternative medicine, $124,296,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$268,322,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$67,577,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $327,723,000, of which
$4,000,000 shall be available until September 30, 2015, for improvement
of information systems: Provided, That in fiscal year 2014, the
National Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH''): Provided further, That in
addition to amounts provided herein, $8,200,000 shall be available from
amounts available under section 241 of the PHS Act to carry out the
purposes of the National Information Center on Health Services Research
and Health Care Technology established under section 478A of the PHS Act
and related health information services.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $633,267,000: Provided, That up to
$9,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $474,746,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the Director,
NIH, $1,400,134,000, of which up to $25,000,000 shall be used to carry
out section 213 of this Act: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles for
replacement only: Provided further, That NIH is authorized to collect
third-party payments for the cost of clinical services
[[Page 128 STAT. 372]]
that are incurred in NIH research facilities and that such payments
shall be credited to the NIH Management Fund: Provided further, That
all funds credited to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are deposited:
Provided further, That $165,000,000 shall be for the National Children's
Study (``NCS''), except that not later than July 15, 2014, the Director
shall estimate the amount needed for the NCS during fiscal year 2014,
and any funds in excess of the estimated need shall be transferred to
and merged with the accounts for the various Institutes and Centers in
proportion to their shares of total NIH appropriations made by this Act:
Provided further, That $533,039,000 shall be available for the Common
Fund established under section 402A(c)(1) of the PHS Act: Provided
further, That of the funds provided $10,000 shall be for official
reception and representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to $8,000,000
to make grants for construction or renovation of facilities as provided
for in section 2354(a)(5)(B) of the PHS Act.
buildings and facilities
For the study of, construction or demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,663,000, to remain available
until September 30, 2018, of which up to $7,000,000 may be used for
demolition.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,055,347,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry
out subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart I of part B of title XIX: Provided
further, That section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated under this Act for fiscal year 2014: Provided further,
That of the amount appropriated under this heading, $46,000,000 shall be
for the National Child Traumatic Stress Initiative as described in
section 582 of the PHS Act: Provided further, That States shall expend
at least 5 percent of the amount each receives for carrying out section
1911 of the PHS Act to support evidence-based programs that address the
needs of individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual at onset:
Provided further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act.
[[Page 128 STAT. 373]]
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with respect
to substance abuse treatment and section 1922(a) of the PHS Act with
respect to substance abuse prevention, $2,052,661,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry out
subpart II of part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; and (2) $2,000,000
to evaluate substance abuse treatment programs: Provided further, That
none of the funds provided for section 1921 of the PHS Act shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $175,631,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $151,296,000: Provided, That in
addition to amounts provided herein, $30,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That funds made available under this
heading may be used to supplement program support funding provided under
the headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$364,008,000 shall be available from amounts available under section 241
of the PHS Act, notwithstanding subsection 947(c) of such Act:
Provided, That in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available until
September 30, 2015.
[[Page 128 STAT. 374]]
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $177,872,985,000, to remain available until
expended.
For making, after May 31, 2014, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2014 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2015, $103,472,323,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $255,185,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302 of
the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30, 2019:
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That the Secretary is directed to
collect fees in fiscal year 2014 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts
[[Page 128 STAT. 375]]
under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that
Act: Provided further, That $22,004,000 shall be available for the
State high-risk health insurance pool program as authorized by the State
High Risk Pool Funding Extension Act of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $293,588,000, to remain available through September
30, 2015, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$207,636,000 shall be for the Medicare Integrity Program at the Centers
for Medicare and Medicaid Services, including administrative costs, to
conduct oversight activities for Medicare Advantage under Part C and the
Medicare Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act, of
which $28,122,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, of which
$29,708,000 shall be for the Medicaid and Children's Health Insurance
Program (``CHIP'') program integrity activities, and of which
$28,122,000 shall be for the Department of Justice to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of the Social
Security Act for fiscal year 2014 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided by this
appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided under titles I, IV-D,
X, XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,965,245,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2015, $1,250,000,000, to
remain available until expended.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low Income Home Energy Assistance Act of 1981, $3,424,549,000:
Provided, That all but $491,000,000 of this amount shall be allocated as
though the total appropriation for such payments for fiscal year 2014
was less than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section 2602(b), not
more than $2,988,000 of
[[Page 128 STAT. 376]]
such amounts may be reserved by the Secretary for technical assistance,
training, and monitoring of program activities for compliance with
internal controls, policies and procedures and may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief Act of 1998,
$1,486,095,000 of which $1,461,605,000 shall remain available through
September 30, 2016 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
such section 203 and the TVPA shall also be available for research and
evaluation with respect to activities under those authorities.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $2,360,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That $19,357,000 shall be available for
child care resource and referral and school-aged child care activities,
of which $996,000 shall be available to the Secretary for a competitive
grant for the operation of a national toll free referral line and Web
site to develop and disseminate child care consumer education
information for parents and help parents access child care in their
local community: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G of the CCDBG
Act, $296,484,000 shall be reserved by the States for activities
authorized under section 658G, of which $108,732,000 shall be for
activities that improve the quality of infant and toddler care:
Provided further, That $9,851,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities: Provided
further, That technical assistance under section 658I(a)(3) of such Act
may be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
[[Page 128 STAT. 377]]
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 303 and 313 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), the Abandoned Infants Assistance Act of 1988,
part B-1 of title IV and sections 413, 1110, and 1115 of the Social
Security Act; for making payments under the Community Services Block
Grant Act (``CSBG Act''), sections 473B and 477(i) of the Social
Security Act, and the Assets for Independence Act; for necessary
administrative expenses to carry out such Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
1960, the Low Income Home Energy Assistance Act of 1981, title IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980; and for the administration of prior
year obligations made by the Administration for Children and Families
under the Developmental Disabilities Assistance and Bill of Rights Act
and the Help America Vote Act of 2002, $10,346,943,000, of which
$37,943,000, to remain available through September 30, 2015, shall be
for grants to States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2014: Provided, That subsection (b)(5)
of such section 473A shall apply to funds appropriated under this
heading by substituting ``2013'' for ``2012'': Provided further, That
$8,598,095,000 shall be for making payments under the Head Start Act:
Provided further, That of the amount in the previous proviso,
$8,073,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $100,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That for purposes of allocating funds under section
640 of the Head Start Act, subsection (a)(2) of such section shall be
applied by substituting ``fiscal year 2012'' for ``the prior fiscal
year'' each place it appears in such subsection: Provided further, That
of the amount provided for making payments under the Head Start Act,
$25,000,000 shall be available for allocation by the Secretary to
supplement activities described in paragraphs (7)(B) and (9) of section
641(c) of such Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of
such Act: Provided further, That amounts allocated to Head Start
grantees at the discretion of the Secretary to supplement activities
pursuant to the previous proviso shall not be included in the
calculation of the ``base grant'' in subsequent fiscal years, as such
term is used in section 640(a)(7)(A) of the Head Start Act: Provided
further, That notwithstanding section 640 of the Head Start Act, of the
amount provided for making payments under the Head Start Act,
$500,000,000 shall be available through March 31, 2015 for expansion of
Early Head Start programs as described in section 645A of such Act, for
conversion of Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and for new discretionary
grants for high quality infant and toddler care through Early Head
Start-Child Care Partnerships, to entities defined as eligible under
section 645A(d) of such Act, and, notwithstanding section 645A(c)(2) of
[[Page 128 STAT. 378]]
such Act, these funds are available to serve children under age 4:
Provided further, That of the amount made available in the immediately
preceding proviso, up to $10,000,000 shall be available for the Federal
costs of administration and evaluation activities of the program
described in such proviso: Provided further, That an Early Head Start
agency awarded funds for an Early Head Start-Child Care Partnership
after October 1, 2014, shall not be subject to the requirements of the
system for designation renewal as defined by section 641 of the Head
Start Act, for this award only, prior to 18 months after the date of
such award: Provided further, That $709,854,000 shall be for making
payments under the CSBG Act: Provided further, That $36,204,000 shall
be for sections 680 and 678E(b)(2) of the CSBG Act, of which not less
than $29,883,000 shall be for section 680(a)(2) and not less than
$5,971,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as provided
under the CSBG Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program purposes:
Provided further, <<NOTE: 42 USC 9921 note.>> That the Secretary shall
establish procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and program income
derived from, grant funds authorized under section 680 of the CSBG Act
to become the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided further,
That intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by grantees for
any eligible purpose consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That these procedures shall apply to such grant
funds made available after November 29, 1999: Provided further, That
funds appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That in addition to amounts
provided herein, $5,762,000 shall be available from amounts available
under section 241 of the PHS Act to carry out the provisions of section
1110 of the Social Security Act: Provided further, That section
303(a)(2)(A)(i) of the Family Violence Prevention and Services Act shall
not apply to amounts provided herein: Provided further, That $1,864,000
shall be for a human services case management system for federally
declared disasters, to include a comprehensive national case management
contract and Federal costs of administering the system: Provided
further, That up to $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to States to
support data collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and in addition, for carrying out,
except as otherwise provided, section 437 of such Act, $59,765,000.
[[Page 128 STAT. 379]]
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $4,806,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2015,
$2,200,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year, such
sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the OAA,
titles III and XXIX of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, and for Department-wide coordination of policy
and program activities that assist individuals with disabilities,
$1,610,143,000, together with $52,115,000 to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated
under this heading may be used for grants to States under section 361 of
the OAA only for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous evaluation to
be evidence-based and effective: Provided further, That none of the
funds provided shall be used to carry out sections 1701 and 1703 of the
PHS Act (with respect to chronic disease self-management activity
grants), except that such funds may be used for necessary expenses
associated with administering any such grants awarded prior to the date
of the enactment of this Act: Provided further, That notwithstanding
any other provision of this Act, funds made available under this heading
to carry out section 311 of the OAA may be transferred to the Secretary
of Agriculture in accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $458,056,000,
together with $69,211,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $52,224,000
shall be for
[[Page 128 STAT. 380]]
minority AIDS prevention and treatment activities: Provided further,
That of the funds made available under this heading, $101,000,000 shall
be for making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of which not
less than $72,200,000 shall be for replicating programs that have been
proven effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage pregnancy, or
other associated risk factors, of which not less than $24,000,000 shall
be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies
for preventing teenage pregnancy, and of which any remaining amounts
shall be available for training and technical assistance, evaluation,
outreach, and additional program support activities: Provided further,
That of the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $8,455,000 shall be available to carry
out evaluations (including longitudinal evaluations) of teenage
pregnancy prevention approaches: Provided further, That of the funds
made available under this heading, $1,750,000 is for strengthening the
Department's acquisition workforce capacity and capabilities: Provided
further, That with respect to the previous proviso, such funds shall be
available for training, recruitment, retention and hiring members of the
acquisition workforce as defined by 41 U.S.C. 1703, and for information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management: Provided
further, That of the funds made available under this heading, $5,000,000
shall be for making competitive grants to provide abstinence education
(as defined by section 510(b)(2)(A)-(H) of the Social Security Act) to
adolescents, and for Federal costs of administering the grant: Provided
further, That grants made under the authority of section 510(b)(2)(A)-
(H) of the Social Security Act shall be made only to public and private
entities that agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the entities
will not provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by law
to provide health information or services the adolescent shall not be
precluded from seeking health information or services from the entity in
a different setting than the setting in which abstinence education was
provided: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided further, That
such services shall be provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $82,381,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
[[Page 128 STAT. 381]]
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $15,556,000: Provided,
That in addition to amounts provided herein, $44,811,000 shall be
available from amounts available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$71,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $857,290,000, of which $415,000,000 shall remain available
through September 30, 2015, for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS Act, and
other administrative expenses of the Biomedical Advanced Research and
Development Authority, and of which up to $5,000,000 shall remain
available through September 30, 2016, to support the delivery of medical
countermeasures and shall be in addition to any other amounts available
for such purpose: Provided, That funds provided under this heading for
the purpose of acquisition of security countermeasures shall be in
addition to any other funds available for such purpose: Provided
further, That products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act: Provided
further, That $5,000,000 of the amounts made available to support
emergency operations shall remain available through September 30, 2016.
[[Page 128 STAT. 382]]
For necessary expenses for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $255,000,000, to
remain available until expended.
For expenses necessary to prepare for and respond to an influenza
pandemic, $115,009,000; of which $83,000,000 shall be available until
expended, for activities including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics, and other
surveillance tools: Provided further, That notwithstanding section
496(b) of the PHS Act, funds may be used for the construction or
renovation of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds such
construction or renovation necessary to secure sufficient supplies of
such vaccines or biologics.
In addition, for expenses necessary for replacement of building
leases and associated renovation costs for Public Health Service
agencies and other components of HHS, including relocation and fit-out
costs, $16,131,000, to remain available until expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 204. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and assessments
made by any office located in HHS, prior to the preparation and
submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5 percent,
of any amounts appropriated for programs authorized under such Act shall
be made available for the evaluation (directly, or by grants or
contracts) and the implementation and effectiveness of programs funded
in this title.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided
[[Page 128 STAT. 383]]
in this Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad during fiscal
year 2014:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
[[Page 128 STAT. 384]]
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act. The
Secretary is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make available
to public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds available under
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 214. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (``ATSDR'') may be transferred to appropriate accounts
of CDC, to be available only for Individual Learning
[[Page 128 STAT. 385]]
Accounts: Provided, That such funds may be used for any individual
full-time equivalent employee while such employee is employed either by
CDC or ATSDR.
Sec. 215. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 216. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the PHS Act, and 1 percent of
the amount made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 217. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 218. <<NOTE: 42 USC 300v-11 note.>> (a) The Secretary shall
establish a publicly accessible Web site to provide information
regarding the uses of funds made available under section 4002 of the
Patient Protection and Affordable Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
the Secretary shall include on the Web site established under subsection
(a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to be
posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals, or
other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after the
announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted not
later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 and 2014, the
Secretary shall also include on the Web site established under
subsection (a), semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a value of
$25,000 or more, summarizing the activities undertaken and identifying
any sub-grants or sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to
[[Page 128 STAT. 386]]
be posted not later than 30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall:
(1) present the information required in subsection (b)(1) on
a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 219. (a) Within 45 days of enactment of this Act, the Secretary
shall transfer funds appropriated under section 4002 of the Patient
Protection and Affordable Care Act of 2010 (``ACA'') to the accounts
specified, in the amounts specified, and for the activities specified
under the heading ``Prevention and Public Health Fund'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this Consolidated Act) accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 220. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section:
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 221. (a) The Secretary shall publish in the fiscal year 2015
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the Patient Protection and
Affordable Care Act of 2010 (``ACA''), and the amendments made by that
Act, in the proposed fiscal year and the 4 prior fiscal years.
[[Page 128 STAT. 387]]
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who:
(1) Are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA;
(3) or who work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price contracts.
Sec. 222. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 223. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2014
under section 338B of such Act.
Sec. 224. The Secretary shall publish, as part of the fiscal year
2015 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Marketplaces for each fiscal year since the enactment
of the Patient Protection and Affordable Care Act (Public Law 111-148)
and the proposed uses for such funds for fiscal year 2015. Such
information shall include, for each such fiscal year--
(1) the section(s) of such Act under which such funds were
appropriated or used;
(2) the program, project, or activity for which such funds
were used;
(3) the amount of funds that were used for the Health
Insurance Marketplaces within each such program, project, or
activity; and
(4) the milestones completed for data hub functionality and
implementation readiness.
[[Page 128 STAT. 388]]
Sec. 225. Activities authorized under part A of title IV and
section 1108(b) of the Social Security Act (except for activities
authorized in section 403(b)) shall continue through September 30, 2014,
in the manner authorized for fiscal year 2013, and out of any money in
the Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
Sec. 226. The Secretary shall include in the fiscal year 2016
budget justification an analysis of how section 2713 of the PHS Act will
impact eligibility for discretionary HHS programs.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2014''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2014.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$15,552,693,000, of which $4,625,762,000 shall become available on July
1, 2014, and shall remain available through September 30, 2015, and of
which $10,841,177,000 shall become available on October 1, 2014, and
shall remain available through September 30, 2015, for academic year
2014-2015: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to $3,984,000
of these funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1, 2013, to
obtain annually updated local educational agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $3,281,550,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,281,550,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That funds available under
sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to provide
homeless children and youths with services not ordinarily provided to
other students under those sections, including supporting the liaison
designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act, and providing transportation pursuant to
section 722(g)(1)(J)(iii) of such Act: Provided further, That $880,000
shall be to carry out sections 1501 and 1503 of the ESEA: Provided
further, That $505,756,000 shall be available for school improvement
grants under section 1003(g) of the ESEA, which shall be allocated by
the Secretary through the formula described in section 1003(g)(2) and
shall be used consistent with the requirements of section 1003(g),
except that State and local educational agencies may use such funds to
serve any school eligible to receive assistance under part A of title I
that has not made adequate yearly progress for at least 2 years or is in
the State's lowest quintile of performance based on proficiency rates
and, in the case of secondary schools, priority shall be given to those
schools with graduation rates below 60 percent: Provided further, That
notwithstanding section
[[Page 128 STAT. 389]]
1003(g)(5)(C) of the ESEA, the Secretary may permit a State educational
agency to establish an award period of up to 5 years for each
participating local educational agency: Provided further, That funds
available for school improvement grants may be used by a local
educational agency to implement a whole-school reform strategy for a
school using an evidence-based strategy that ensures whole-school reform
is undertaken in partnership with a strategy developer offering a whole-
school reform program that is based on at least a moderate level of
evidence that the program will have a statistically significant effect
on student outcomes, including more than one well-designed or well-
implemented experimental or quasi-experimental study: Provided further,
That funds available for school improvement grants may be used by a
local educational agency to implement an alternative State-determined
school improvement strategy that has been established by a State
educational agency with the approval of the Secretary: Provided
further, That a local educational agency that is determined to be
eligible for services under subpart 1 or 2 of part B of title VI of the
ESEA may modify not more than one element of a school improvement grant
model: Provided further, That notwithstanding section 1003(g)(5)(A),
each State educational agency may establish a maximum subgrant size of
not more than $2,000,000 for each participating school applicable to
such funds: Provided further, That the Secretary may reserve up to 5
percent of the funds available for section 1003(g) of the ESEA to carry
out activities to build State and local educational agency capacity to
implement effectively the school improvement grants program: Provided
further, That $158,000,000 shall be available under section 1502 of the
ESEA for a comprehensive literacy development and education program to
advance literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including limited-
English-proficient students and students with disabilities, of which
one-half of 1 percent shall be reserved for the Secretary of the
Interior for such a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants to the
outlying areas for such a program, up to 5 percent may be reserved for
national activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a program, of
which a State educational agency may reserve up to 5 percent for State
leadership activities, including technical assistance and training, data
collection, reporting, and administration, and shall subgrant not less
than 95 percent to local educational agencies or, in the case of early
literacy, to local educational agencies or other nonprofit providers of
early childhood education that partner with a public or private
nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of children
from birth through kindergarten entry and in providing professional
development in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used to
serve children from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided
further, That eligible entities receiving subgrants from
[[Page 128 STAT. 390]]
State educational agencies shall use such funds for services and
activities that have the characteristics of effective literacy
instruction through professional development, screening and assessment,
targeted interventions for students reading below grade level and other
research-based methods of improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,288,603,000,
of which $1,151,233,000 shall be for basic support payments under
section 8003(b), $48,316,000 shall be for payments for children with
disabilities under section 8003(d), $17,406,000 shall be for
construction under section 8007(a), $66,813,000 shall be for Federal
property payments under section 8002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a)
for school year 2013-2014, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 8003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal guardian
while on active duty (so long as such children reside on Federal
property as described in section 8003(a)(1)(B)), are no longer eligible
under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to their
change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts A
and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and the
Civil Rights Act of 1964, $4,397,391,000, of which $2,580,358,000 shall
become available on July 1, 2014, and remain available through September
30, 2015, and of which $1,681,441,000 shall become available on October
1, 2014, and shall remain available through September 30, 2015, for
academic year 2014-2015: Provided, That funds made available to carry
out part B of title VII of the ESEA may be used for construction,
renovation, and modernization of any elementary school, secondary
school, or structure related to an elementary school or secondary
school, run by the Department of Education of the State of Hawaii, that
serves a predominantly Native Hawaiian student body: Provided further,
That funds made available to carry out part C of title VII of the ESEA
shall be awarded on a competitive basis, and also may be used for
construction: Provided further, That $48,445,000 shall be available to
carry out section 203 of the Educational Technical Assistance Act of
2002: Provided further, That $16,699,000 shall be available to carry
out the Supplemental Education Grants program for the Federated States
of Micronesia and the Republic of the Marshall Islands:
[[Page 128 STAT. 391]]
Provided further, That up to 5 percent of the amount referred to in the
previous proviso may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the Supplemental
Education Grants programs and to obtain technical assistance, oversight
and consultancy services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and Human
Services, and Education for such services: Provided further, That up to
2 percent of the funds for subpart 1 of part A of title II of the ESEA
shall be reserved by the Secretary for competitive awards for teacher or
principal recruitment and training or professional enhancement
activities to national not-for-profit organizations, of which up to 10
percent may be used for related research, dissemination, evaluation,
technical assistance, and outreach activities: Provided further, That
$149,717,000 shall be to carry out part B of title II of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $123,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, subpart
5 of part A and parts C and D of title II, parts B, C, and D of title V
of the ESEA, and sections 14006 and 14007 of division A of the American
Recovery and Reinvestment Act of 2009, as amended, $1,181,317,000:
Provided, That $250,000,000 shall be available through December 31, 2014
for awards to States, in accordance with the applicable requirements of
section 14006 of division A of Public Law 111-5, as amended: Provided
further, That the Secretary, jointly with the Secretary of HHS, shall
use all funds made available under the immediately preceding proviso to
make competitive awards in accordance with such section 14006 to States
for improving early childhood care and education, except that,
notwithstanding sections 14006(a) and 14005(d)(6) of such division, such
awards may be limited to activities that build the capacity within the
State to develop, enhance, or expand high-quality preschool programs,
including comprehensive services and family engagement, for preschool-
aged children from families at or below 200 percent of the Federal
poverty line: Provided further, That each State may subgrant a portion
of such grant funds to local educational agencies and other early
learning providers (including but not limited to Head Start programs and
licensed child care providers), or consortia thereof, for the
implementation of high-quality preschool programs for children from
families at or below 200 percent of the Federal poverty line: Provided
further, That subgrantees that are local educational agencies shall form
strong partnerships with early learning providers and that subgrantees
that are early learning providers shall form strong partnerships with
local educational agencies, in order to carry out the requirements of
the subgrant: Provided further, That, notwithstanding the second
proviso, up to 3 percent of such funds for improving early childhood
care and education shall be available for technical assistance,
evaluation, and other national activities related to such grants:
Provided further, That not later than 30 days prior to the announcement
of a competition under such section
[[Page 128 STAT. 392]]
14006 pursuant to the requirements of this Act, the Secretary shall
submit a report outlining the proposed competition and priorities to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary shall administer State
grants for improving early childhood care and education under such
section jointly with the Secretary of HHS on such terms as such
Secretaries set forth in an interagency agreement: Provided further,
That up to $141,602,000 shall be available through December 31, 2014 for
section 14007 of division A of Public Law 111-5, and up to 5 percent of
such funds may be used for technical assistance and the evaluation of
activities carried out under such section: Provided further, <<NOTE: 20
USC 10007 note.>> That the Secretary may renew a grant made under
section 14007 for additional 1-year periods, for fiscal year 2014 and
thereafter, if the grantee is meeting its performance targets, up to a
total award period of 6 years: Provided further, That the education
facilities clearinghouse established through a competitive award process
in fiscal year 2013 is authorized to collect and disseminate information
on effective educational practices and the latest research regarding the
planning, design, financing, construction, improvement, operation, and
maintenance of safe, healthy, high-performance public facilities for
early learning programs, kindergarten through grade 12, and higher
education: Provided further, That $288,771,000 of the funds for subpart
1 of part D of title V of the ESEA shall be for competitive grants to
local educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one nonprofit
organization to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based compensation
systems must consider gains in student academic achievement as well as
classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided further,
That recipients of such grants shall demonstrate that such performance-
based compensation systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may be
developed and used for the entire local educational agency or only for
schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants shall include a plan
to sustain financially the activities conducted and systems developed
under the grant once the grant period has expired: Provided further,
That up to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities: Provided
further, That of the funds available for part B of title V of the ESEA,
the Secretary shall use not less than $11,000,000 to carry out
activities under section 5205(b) and shall use not less than $12,000,000
for subpart 2: Provided further, That of the funds available for
subpart 1 of part B of title V of the ESEA, and notwithstanding section
5205(a), the Secretary shall reserve not
[[Page 128 STAT. 393]]
less than $45,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-profit
entities for the replication and expansion of successful charter school
models and shall reserve up to $11,000,000 to carry out the activities
described in section 5205(a), including improving quality and oversight
of charter schools and providing technical assistance and grants to
authorized public chartering agencies in order to increase the number of
high-performing charter schools: Provided further, That funds available
for part B of title V of the ESEA may be used for grants that support
preschool education in charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall describe a plan
to monitor and hold accountable authorized public chartering agencies
through such activities as providing technical assistance or
establishing a professional development program, which may include
evaluation, planning, training, and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized charter
school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the rights and responsibilities of the
school and the public chartering agency; conduct annual, timely, and
independent audits of the school's financial statements that are filed
with the school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized public
chartering agencies use increases in student academic achievement for
all groups of students described in section 1111(b)(2)(C)(v) of the ESEA
as the most important factor when determining to renew or revoke a
school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title IV and
subparts 1, 2, and 10 of part D of title V of the ESEA, $270,892,000:
Provided, That $90,000,000 shall be available for subpart 2 of part A of
title IV, of which up to $8,000,000, to remain available until expended,
shall be for the Project School Emergency Response to Violence
(``Project SERV'') program to provide education-related services to
local educational agencies and institutions of higher education in which
the learning environment has been disrupted due to a violent or
traumatic crisis: Provided further, That $56,754,000 shall be available
for Promise Neighborhoods and shall be available through December 31,
2014.
English Language Acquisition
For carrying out part A of title III of the ESEA, $723,400,000,
which shall become available on July 1, 2014, and shall remain available
through September 30, 2015, except that 6.5 percent of such amount shall
be available on October 1, 2013, and shall remain available through
September 30, 2015, to carry out activities under section 3111(c)(1)(C):
Provided, That the Secretary shall use estimates of the American
Community Survey child counts for the most recent 3-year period
available to calculate allocations under such part.
[[Page 128 STAT. 394]]
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$12,497,300,000, of which $2,981,201,000 shall become available on July
1, 2014, and shall remain available through September 30, 2015, and of
which $9,283,383,000 shall become available on October 1, 2014, and
shall remain available through September 30, 2015, for academic year
2014-2015: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2013, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2013: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611(d), from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided
further, <<NOTE: 20 USC 1411 note.>> That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos in fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for fiscal
year 2013 or for any subsequent fiscal years: Provided further, That
the funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618 and to
administer and carry out other services and activities to improve data
collection, coordination, quality, and use under parts B and C of the
IDEA: Provided further, That funds made available for the Special
Olympics Sport and Empowerment Act of 2004 may be used to support
expenses associated with the Special Olympics National and World Games:
Provided further, That the level of effort a local educational agency
must meet under section 613(a)(2)(A)(iii) of the IDEA, in the year after
it fails to maintain effort is the level of effort that would have been
required in the absence of that failure and not the LEA's reduced level
of expenditures.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,680,497,000, of which
[[Page 128 STAT. 395]]
$3,302,053,000 shall be for grants for vocational rehabilitation
services under title I of the Rehabilitation Act: Provided, That the
Secretary may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities aimed at
improving the outcomes of individuals with disabilities as defined in
section 7(20)(B) of the Rehabilitation Act, including activities aimed
at improving the education and post-school outcomes of children
receiving Supplemental Security Income (``SSI'') and their families that
may result in long-term improvement in the SSI child recipient's
economic status and self-sufficiency: Provided further, That from the
remaining available amounts that are not used to carry out activities
aimed at improving the education and post-school outcomes of children
receiving SSI and their families authorized in the previous proviso, up
to $20,000,000 may be used for other innovative activities aimed at
improving the outcomes of individuals with disabilities as defined in
section 7(20)(B) of the Rehabilitation Act: Provided further, That
States may award subgrants for a portion of the funds to other public
and private, non-profit entities: Provided further, That any funds made
available subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities shall remain
available until September 30, 2015: Provided further, That $2,000,000
shall be for competitive grants to support alternative financing
programs that provide for the purchase of assistive technology devices,
such as a low-interest loan fund; an interest buy-down program; a
revolving loan fund; a loan guarantee; or insurance program: Provided
further, That applicants shall provide an assurance that, and
information describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for individuals with
disabilities shall be eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,456,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $66,291,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$119,000,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
[[Page 128 STAT. 396]]
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,702,686,000, of which
$911,686,000 shall become available on July 1, 2014, and shall remain
available through September 30, 2015, and of which $791,000,000 shall
become available on October 1, 2014, and shall remain available through
September 30, 2015: Provided, That of the amount provided for Adult
Education State Grants, $70,811,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited-English-proficient populations: Provided further,
That of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the AEFLA, 65 percent shall be
allocated to States based on a State's absolute need as determined by
calculating each State's share of a 10-year average of the United States
Citizenship and Immigration Services data for immigrants admitted for
legal permanent residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by the average
of the 3 most recent years for which United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent
residence are available, except that no State shall be allocated an
amount less than $60,000: Provided further, That of the amounts made
available for AEFLA, $13,712,000 shall be for national leadership
activities under section 243.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,486,210,000, which shall remain available
through September 30, 2015.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2014-2015 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, $1,166,000,000, to remain available until September
30, 2015.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $1,925,408,000: Provided,
That $575,000 shall be for data collection and evaluation activities for
programs under the HEA, including such activities needed to comply with
the Government Performance and Results Act of 1993: Provided further,
That notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who
[[Page 128 STAT. 397]]
are participating in advanced foreign language training and
international studies in areas that are vital to United States national
security and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions, or
international development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination activities:
Provided further, That, of the amount available under subpart 2 of part
A of title VII of the HEA, the Secretary may use up to $1,485,000 to
fund continuation awards for projects originally supported under subpart
1 of part A of title VII of the HEA: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart 2 of part
A of title IV may be used for evaluation.
Howard University
For partial support of Howard University, $221,821,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $19,096,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2015: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $303,593,000: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $576,935,000, which shall remain available through
September 30, 2015: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That
[[Page 128 STAT. 398]]
up to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public or
private organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $422,917,000, of which up to $1,000,000, to remain available
until expended, shall be for relocation of, and renovation of buildings
occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $98,356,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $57,791,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in the
public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
[[Page 128 STAT. 399]]
Act of 1985) which are appropriated for the Department of Education in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any project or
activity for which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306. <<NOTE: 48 USC 1921d note.>> Section 105(f)(1)(B)(ix) of
the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2014'' for
``2009''.
Sec. 307. (a) Section 206 of the Department of Education
Organization Act (20 U.S.C. 3416) is amended--
(1) by striking out the heading and inserting ``Office of
Career, Technical, and Adult Education'';
(2) by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education'';
(3) by striking out ``Assistant Secretary for Vocational and
Adult Education'' and inserting ``Assistant Secretary for
Career, Technical, and Adult Education''; and
(4) by striking out ``vocational and adult education'' each
place it appears and inserting ``career, technical, and adult
education''.
(b) Section 202 of the Department of Education Organization Act (20
U.S.C. 3412) is amended--
(1) in subsection (b)(1)(C), by striking out ``Assistant
Secretary for Vocational and Adult Education'' and inserting
``Assistant Secretary for Career, Technical, and Adult
Education''; and
(2) in subsection (h), by striking out ``Assistant Secretary
for Vocational and Adult Education'' each place it appears and
inserting ``Assistant Secretary for Career, Technical, and Adult
Education''.
(c) Section 1 of the Department of Education Organization Act (20
U.S.C. 3401 note) is amended by striking out the entry for section 206
and inserting ``Sec. 206. Office of Career, Technical, and Adult
Education.''.
(d) Section 114(b)(1) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out
``Office of Vocational and Adult Education'' and inserting ``Office of
Career, Technical, and Adult Education''.
Sec. 308. The Secretary may reserve funds under section 9601 of the
ESEA (subject to the limitations in subsections (b) and (c) of that
section) in order to carry out activities authorized under that section
with respect to any ESEA program funded in this Act and without respect
to the source of funds for those activities: Provided, That any funds
reserved under this section shall be available from July 1, 2014 through
September 30, 2015: Provided further, That not later than 10 days prior
to the initial obligation of funds reserved under this section, the
Secretary shall submit an evaluation plan to the Senate Committees on
Appropriations
[[Page 128 STAT. 400]]
and Health, Education, Labor, and Pensions and the House Committees on
Appropriations and Education and the Workforce which identifies the
source and amount of funds reserved under this section, the impact on
program grantees if funds are withheld, and the programs to be evaluated
with such funds.
Sec. 309. <<NOTE: 20 USC 7702 note.>> (a) Consolidations.--For
fiscal year 2006 and each succeeding fiscal year, if a local educational
agency described in subsection (b) is formed at any time after 1938 by
the consolidation of 2 or more former school districts, the local
educational agency may elect to have the Secretary determine its
eligibility for any fiscal year on the basis of 1 or more of those
former districts, as designated by the local educational agency.
(b) Eligible Local Educational Agencies.--A local educational agency
referred to in subsection (a) is--
(1) any local educational agency that, for fiscal year 1994
or any preceding fiscal year, applied, and was determined to be
eligible under, section 2(c) of the Act of September 30, 1950
(Public Law 874, 81st Congress) as that section was in effect
for that fiscal year; or
(2) a local educational agency formed by the consolidation
of 2 or more districts, at least 1 of which was eligible for
assistance under this section for the fiscal year preceding the
year of the consolidation, if--
(A) for fiscal years 2006 through 2013 the local
educational agency notified the Secretary not later than
30 days after the date of enactment of this Act; and
(B) for fiscal year 2014 the local educational
agency includes the designation in its application under
section 8005 or any timely amendment to such
application.
(c) Amount.--A local educational agency eligible under subsection
(b) shall receive a foundation payment as provided for under
subparagraphs (A) and (B) of subsection (h)(1), as in effect on the date
of enactment of this Act, except that the foundation payment shall be
calculated based on the most recent payment received by the local
educational agency based on its former common status.
Sec. 310. <<NOTE: 20 USC 1090 note.>> The Secretary of Education
shall--
(1) modify the Free Application for Federal Student Aid
described in section 483 of the HEA so that the Free Application
for Federal Student Aid contains an individual box for the
purpose of identifying students who are foster youth or were in
the foster care system; and
(2) utilize such identification as a tool to notify students
who are foster youth or were in the foster care system of their
potential eligibility for Federal student aid, including
postsecondary education programs through the John H. Chafee
Foster Care Independence Program and any other Federal programs
under which such students may be eligible to receive assistance.
This title may be cited as the ``Department of Education
Appropriations Act, 2014''.
[[Page 128 STAT. 401]]
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,257,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $756,849,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C),
and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $70,000,000 shall be available for expenses
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $15,038,000
shall be available to provide assistance to State commissions on
national and community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000
shall be available to carry out subtitle E of the 1990 Act; and (5)
$3,800,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis: Provided
further, That not to exceed 20 percent of funds made available under
section 501(a)(4)(E) of the 1990 Act may be used for Social Innovation
Funds Pilot Program-related performance-based awards for Pay for Success
projects: Provided further, That, with respect to the previous proviso,
any funds obligated for such projects shall remain available for
disbursement until expended, notwithstanding 31 U.S.C. 1552(a), and that
any funds deobligated from such projects shall immediately be available
for activities authorized under 198K of such Act.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $207,368,000, to remain available until
expended: Provided, That CNCS may transfer additional funds from the
amount provided within ``Operating Expenses'' allocated to grants under
subtitle C of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the activities
of national service participants
[[Page 128 STAT. 402]]
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without regard to
the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $80,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,000,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2014, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose any
covered grant selection information regarding such selection, directly
or indirectly, to any person other than an officer or employee of CNCS
that is authorized by CNCS to receive such information.
Sec. 402. <<NOTE: 42 USC 12571 note.>> AmeriCorps programs
receiving grants under the National Service Trust program shall meet an
overall minimum share requirement of 24 percent for the first 3 years
that they receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act:
(1) Entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA''); and
(2) Individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
[[Page 128 STAT. 403]]
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2016, $445,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this Act shall
be available or used to aid or support any program or activity from
which any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or sex:
Provided further, That none of the funds made available to CPB by this
Act shall be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB: Provided
further, That none of the funds made available to CPB by this Act shall
be used to support the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $45,149,000,
including up to $400,000 to remain available through September 30, 2015
for activities authorized by the Labor-Management Cooperation Act of
1978: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other
conflict resolution services and technical assistance, including those
provided to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services and
real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $16,423,000.
[[Page 128 STAT. 404]]
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$226,860,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,500,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,519,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,186,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provision
Sec. 406. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any
[[Page 128 STAT. 405]]
electronic means in an election to determine a representative for the
purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,116,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $11,411,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $39,000,000, which
shall include amounts becoming available in fiscal year 2014 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2015, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $110,300,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013.
[[Page 128 STAT. 406]]
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,272,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$16,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,249,064,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $47,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act and remain available through September
30, 2015.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2015, $19,700,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $10,328,040,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds provided
under this paragraph at the end of fiscal year 2014 not needed for
fiscal year 2014 shall remain available until expended to invest in the
Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available
[[Page 128 STAT. 407]]
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act and for the
cost associated with conducting redeterminations of eligibility under
title XVI of the Social Security Act, $1,197,000,000 may be expended, as
authorized by section 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That, of such
amount, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $924,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such
Act: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $171,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2014
exceed $171,000,000, the amounts shall be available in fiscal year 2015
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$28,829,000, together with not to exceed $73,249,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appropriations of the
House of Representatives and the Senate at least 15 days in advance of
any transfer.
[[Page 128 STAT. 408]]
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future Federal,
State or local tax increase, or any proposed, pending, or future
requirement or restriction on any legal consumer product, including its
sale or marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board
[[Page 128 STAT. 409]]
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
[[Page 128 STAT. 410]]
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure
[[Page 128 STAT. 411]]
in fiscal year 2014, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2014, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal scientific
advisory committee disclose the political affiliation or voting history
of the candidate or the position that the candidate holds with respect
to political issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2014 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act, or the
fiscal year 2014 budget request.
[[Page 128 STAT. 412]]
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2014, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to the
agency awarding the contract or grant that, to the best of its knowledge
and belief, the contractor or grantee has filed all Federal tax returns
required during the 3 years preceding the certification, has not been
convicted of a criminal offense under the Internal Revenue Code of 1986,
and has not, more than 90 days prior to certification, been notified of
any unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an installment
agreement or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the subject
of a non-frivolous administrative or judicial proceeding.
Sec. 519. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 520. None of the funds appropriated by this Act may be used by
the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system established
by title II of the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such agreement.
(rescission)
Sec. 521. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act,
$6,317,000,000 are hereby rescinded.
Sec. 522. Notwithstanding any other provision of this Act, no funds
appropriated in this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
[[Page 128 STAT. 413]]
(rescission)
Sec. 523. Of the funds made available for fiscal year 2014 under
section 3403 of Public Law 111-148, $10,000,000 are rescinded.
Sec. 524. <<NOTE: 31 USC 1502 note.>> Not later than 30 days after
the end of each calendar quarter, beginning with the first quarter of
fiscal year 2013, the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall provide the
Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
(including transfer of funds)
Sec. 525. <<NOTE: 42 USC 292 note.>> (a) In General.--The Health
Education Assistance Loan (``HEAL'') program under title VII, part A,
subpart I of the PHS Act, and the authority to administer such program,
including servicing, collecting, and enforcing any loans that were made
under such program that remain outstanding, shall be permanently
transferred from the Secretary of Health and Human Services to the
Secretary of Education no later than the end of the first fiscal quarter
that begins after the date of enactment of this Act.
(b) Transfer of Functions, Assets, and Liabilities.--The functions,
assets, and liabilities of the Secretary of Health and Human Services
relating to such program shall be transferred to the Secretary of
Education.
(c) Interdepartmental Coordination of Transfer.--The Secretary of
Health and Human Services and the Secretary of Education shall carry out
the transfer of the HEAL program described in subsection (a), including
the transfer of the functions, assets, and liabilities specified in
subsection (b), in the manner that they determine is most appropriate.
(d) Use of Authorities Under HEA of 1965.--In servicing, collecting,
and enforcing the loans described in subsection (a), the Secretary of
Education shall have available any and all authorities available to such
Secretary in servicing, collecting, or enforcing a loan made, insured,
or guaranteed under part B of title IV of the HEA of 1965.
(e) Conforming Amendments.--Effective as of the date on which the
transfer of the HEAL program under subsection (a) takes effect, section
719 of the PHS Act <<NOTE: 42 USC 2920.>> is amended by adding at the
end the following new paragraph:
``(6) The term `Secretary' means the Secretary of
Education.''.
(including transfer of funds)
Sec. 526. <<NOTE: 42 USC 12301 note.>> (a) Definitions.--In this
section,
(1) ``Performance Partnership Pilot'' (or ``Pilot'') is a
project that seeks to identify, through a demonstration, cost-
effective strategies for providing services at the State,
regional, or local level that--
[[Page 128 STAT. 414]]
(A) involve two or more Federal programs
(administered by one or more Federal agencies)--
(i) which have related policy goals, and
(ii) at least one of which is administered (in
whole or in part) by a State, local, or tribal
government; and
(B) achieve better results for regions, communities,
or specific at-risk populations through making better
use of the budgetary resources that are available for
supporting such programs.
(2) ``To improve outcomes for disconnected youth'' means to
increase the rate at which individuals between the ages of 14
and 24 (who are low-income and either homeless, in foster care,
involved in the juvenile justice system, unemployed, or not
enrolled in or at risk of dropping out of an educational
institution) achieve success in meeting educational, employment,
or other key goals.
(3) The ``lead Federal administering agency'' is the Federal
agency, to be designated by the Director of the Office of
Management and Budget (from among the participating Federal
agencies that have statutory responsibility for the Federal
discretionary funds that will be used in a Performance
Partnership Pilot), that will enter into and administer the
particular Performance Partnership Agreement on behalf of that
agency and the other participating Federal agencies.
(b) Use of Discretionary Funds in Fiscal Year 2014.--Federal
agencies may use Federal discretionary funds that are made available in
this Act to carry out up to 10 Performance Partnership Pilots. Such
Pilots shall:
(1) be designed to improve outcomes for disconnected youth,
and
(2) involve Federal programs targeted on disconnected youth,
or designed to prevent youth from disconnecting from school or
work, that provide education, training, employment, and other
related social services.
(c) Performance Partnership Agreements.--Federal agencies may use
Federal discretionary funds, as authorized in subsection (b), to
participate in a Performance Partnership Pilot only in accordance with
the terms of a Performance Partnership Agreement that--
(1) is entered into between--
(A) the head of the lead Federal administering
agency, on behalf of all of the participating Federal
agencies (subject to the head of the lead Federal
administering agency having received from the heads of
each of the other participating agencies their written
concurrence for entering into the Agreement), and
(B) the respective representatives of all of the
State, local, or tribal governments that are
participating in the Agreement; and
(2) specifies, at a minimum, the following information:
(A) the length of the Agreement (which shall not
extend beyond September 30, 2018);
(B) the Federal programs and federally funded
services that are involved in the Pilot;
(C) the Federal discretionary funds that are being
used in the Pilot (by the respective Federal account
identifier,
[[Page 128 STAT. 415]]
and the total amount from such account that is being
used in the Pilot), and the period (or periods) of
availability for obligation (by the Federal Government)
of such funds;
(D) the non-Federal funds that are involved in the
Pilot, by source (which may include private funds as
well as governmental funds) and by amount;
(E) the State, local, or tribal programs that are
involved in the Pilot;
(F) the populations to be served by the Pilot;
(G) the cost-effective Federal oversight procedures
that will be used for the purpose of maintaining the
necessary level of accountability for the use of the
Federal discretionary funds;
(H) the cost-effective State, local, or tribal
oversight procedures that will be used for the purpose
of maintaining the necessary level of accountability for
the use of the Federal discretionary funds;
(I) the outcome (or outcomes) that the Pilot is
designed to achieve;
(J) the appropriate, reliable, and objective
outcome-measurement methodology that the Federal
Government and the participating State, local, or tribal
governments will use, in carrying out the Pilot, to
determine whether the Pilot is achieving, and has
achieved, the specified outcomes that the Pilot is
designed to achieve;
(K) the statutory, regulatory, or administrative
requirements related to Federal mandatory programs that
are barriers to achieving improved outcomes of the
Pilot; and
(L) in cases where, during the course of the Pilot,
it is determined that the Pilot is not achieving the
specified outcomes that it is designed to achieve,
(i) the consequences that will result from
such deficiencies with respect to the Federal
discretionary funds that are being used in the
Pilot, and
(ii) the corrective actions that will be taken
in order to increase the likelihood that the
Pilot, upon completion, will have achieved such
specified outcomes.
(d) Agency Head Determinations.--A Federal agency may participate in
a Performance Partnership Pilot (including by providing Federal
discretionary funds that have been appropriated to such agency) only
upon the written determination by the head of such agency that the
agency's participation in such Pilot--
(1) will not result in denying or restricting the
eligibility of any individual for any of the services that (in
whole or in part) are funded by the agency's programs and
Federal discretionary funds that are involved in the Pilot, and
(2) based on the best available information, will not
otherwise adversely affect vulnerable populations that are the
recipients of such services.
In making this determination, the head of the agency may take into
consideration the other Federal discretionary funds that will be used in
the Pilot as well as any non-Federal funds (including from private
sources as well as governmental sources) that will be used in the Pilot.
(e) Transfer Authority.--For the purpose of carrying out the Pilot
in accordance with the Performance Partnership Agreement, and subject to
the written approval of the Director of the
[[Page 128 STAT. 416]]
Office of Management and Budget, the head of each participating Federal
agency may transfer Federal discretionary funds that are being used in
the Pilot to an account of the lead Federal administering agency that
includes Federal discretionary funds that are being used in the Pilot.
Subject to the waiver authority under subsection (f), such transferred
funds shall remain available for the same purposes for which such funds
were originally appropriated: Provided, That such transferred funds
shall remain available for obligation by the Federal Government until
the expiration of the period of availability for those Federal
discretionary funds (which are being used in the Pilot) that have the
longest period of availability, except that any such transferred funds
shall not remain available beyond September 30, 2018.
(f) Waiver Authority.--In connection with a Federal agency's
participation in a Performance Partnership Pilot, and subject to the
other provisions of this section (including subsection (e)), the head of
the Federal agency to which the Federal discretionary funds were
appropriated may waive (in whole or in part) the application, solely to
such discretionary funds that are being used in the Pilot, of any
statutory, regulatory, or administrative requirement that such agency
head--
(1) is otherwise authorized to waive (in accordance with the
terms and conditions of such other authority), and
(2) is not otherwise authorized to waive, provided that in
such case the agency head shall--
(A) not waive any requirement related to
nondiscrimination, wage and labor standards, or
allocation of funds to State and substate levels;
(B) issue a written determination, prior to granting
the waiver, with respect to such discretionary funds
that the granting of such waiver for purposes of the
Pilot--
(i) is consistent with both--
(I) the statutory purposes of the
Federal program for which such
discretionary funds were appropriated,
and
(II) the other provisions of this
section, including the written
determination by the agency head issued
under subsection (d);
(ii) is necessary to achieve the outcomes of
the Pilot as specified in the Performance
Partnership Agreement, and is no broader in scope
than is necessary to achieve such outcomes; and
(iii) will result in either--
(I) realizing efficiencies by
simplifying reporting burdens or
reducing administrative barriers with
respect to such discretionary funds, or
(II) increasing the ability of
individuals to obtain access to services
that are provided by such discretionary
funds; and
(C) provide at least 60 days advance written notice
to the Committees on Appropriations and other committees
of jurisdiction in the House of Representatives and the
Senate.
Sec. 527. Each Federal agency, or in the case of an agency with
multiple bureaus, each bureau (or operating division) funded under this
Act that has research and development expenditures
[[Page 128 STAT. 417]]
in excess of $100,000,000 per year shall develop a Federal research
public access policy that provides for--
(1) the submission to the agency, agency bureau, or
designated entity acting on behalf of the agency, a machine-
readable version of the author's final peer-reviewed manuscripts
that have been accepted for publication in peer-reviewed
journals describing research supported, in whole or in part,
from funding by the Federal Government;
(2) free online public access to such final peer-reviewed
manuscripts or published versions not later than 12 months after
the official date of publication; and
(3) compliance with all relevant copyright laws.
Sec. 528. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2014''.
DIVISION I <<NOTE: Legislative Branch Appropriations Act, 2014. 2 USC
60a note.>> --LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of the
Majority and Minority Conference Committees, $4,690 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $4,690 for
each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $175,950,812, which shall be paid
from this appropriation without regard to the following limitations:
[[Page 128 STAT. 418]]
office of the vice president
For the Office of the Vice President, $2,393,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $715,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,201,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,321,424.
committee on appropriations
For salaries of the Committee on Appropriations, $14,942,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,639,000 for each such committee; in all, $3,278,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $805,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,673,905 for each such committee; in all,
$3,347,810.
office of the chaplain
For Office of the Chaplain, $410,886.
office of the secretary
For Office of the Secretary, $24,524,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $68,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,740,000.
[[Page 128 STAT. 419]]
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $47,271,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,192,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,109,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $132,000,000, of which $26,650,000 shall
remain available until September 30, 2016, and of which $720,000 shall
remain available until September 30, 2015 to enhance inquiries and
investigations of intelligence matters.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $493,822.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$6,250,000 of which $4,350,000 shall remain available until September
30, 2017.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $128,210,000, which shall remain available until September
30, 2018.
[[Page 128 STAT. 420]]
miscellaneous items
For miscellaneous items, $19,400,000, which shall remain available
until September 30, 2016.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$390,000,000 of which $19,109,214 shall remain available until September
30, 2016.
official mail costs
For expenses necessary for official mail costs of the Senate,
$281,000.
Administrative Provision
workers compensation payments
Sec. 1. <<NOTE: 2 USC 6518.>> (a) In General.--Available balances
of expired appropriations which are subject to disbursement by the
Secretary of the Senate shall be available to the Secretary of the
Senate to make the deposit to the credit of the Employees' Compensation
Fund required by section 8147(b) of title 5, United States Code.
(b) Effective Date.--This section shall apply with respect to
appropriations for fiscal year 2014, and each fiscal year thereafter.
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Beverly A. Young, widow of C.W. Bill Young, late a
Representative from the State of Florida, $174,000.
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2014 until January 2, 2015.
[[Page 128 STAT. 421]]
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $554,317,732.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $123,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2014, except that $2,300,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2014.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $172,654,864, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, including not more than $25,000, of which not more than
$20,000 is for the Family Room and not more than $2,000 is for the
Office of the Chaplain, for official representation and reception
expenses, $24,009,473; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $14,776,729,
of which $7,063,000 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception expenses,
$113,100,000, of which $6,200,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$4,741,809; for salaries and expenses of the Office of General Counsel,
$1,340,987; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $1,952,249; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,087,587; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $8,352,975; for salaries and expenses of the Office of
Interparliamentary Affairs, $814,069; and for other authorized
employees, $478,986.
[[Page 128 STAT. 422]]
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $284,310,336, including: supplies, materials, administrative costs
and Federal tort claims, $3,502,789; official mail for committees,
leadership offices, and administrative offices of the House, $190,486;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $258,081,289, to remain available
until March 31, 2015; Business Continuity and Disaster Recovery,
$16,217,008, of which $5,000,000 shall remain available until expended;
transition activities for new Members and staff $1,631,487 to remain
available until expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics, $1,467,030;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,247.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2014. Any amount remaining after all
payments are made under such allowances for fiscal year 2014 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. <<NOTE: 2 USC 5508.>> (a) Section 109(a) of the
Legislative Branch Appropriations Act, 1998 (2 U.S.C. 95d(a)) is amended
by striking the period at the end and inserting the following: ``, and
for reimbursing the Secretary of Labor for any amounts paid with respect
to unemployment compensation payments for former employees of the
House.''.
(b) <<NOTE: 2 USC 5508 note.>> The amendment made by subsection (a)
shall apply with respect to fiscal year 2014 and each succeeding fiscal
year.
Sec. 103. <<NOTE: 2 USC 5507.>> (a) Section 101(c)(2) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)(2)) is
amended by striking ``and `Allowances and Expenses' '' and inserting the
following: `` `Allowances and Expenses', the heading for any joint
committee under the heading `Joint Items' (to the extent that amounts
appropriated for the joint committee are disbursed by the Chief
Administrative Officer of the House of Representatives), and `Office of
the Attending Physician' ''.
(b) <<NOTE: 2 USC 5507 note.>> The amendment made by subsection (a)
shall apply with respect to fiscal year 2014 and each succeeding fiscal
year.
[[Page 128 STAT. 423]]
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,004,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,625,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,400,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
salaries and expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,387,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay, and Government contributions for health, retirement,
social security, professional liability insurance, and other applicable
employee benefits, $279,000,000, of which overtime shall not exceed
$22,802,195 unless the Committees on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the Capitol Police
or his designee.
[[Page 128 STAT. 424]]
general expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $59,459,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2014 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
authority to transfer amounts between salaries and general expenses
Sec. 1001. <<NOTE: 2 USC 1907a.>> During fiscal year 2014 and any
succeeding fiscal year, the Capitol Police may transfer amounts
appropriated for the fiscal year between the category for salaries and
the category for general expenses, upon the approval of the Committees
on Appropriations of the House of Representatives and Senate.
funds available for workers compensation payments
Sec. 1002. <<NOTE: 2 USC 1907b.>> (a) In General.--Available
balances of expired United States Capitol Police appropriations shall be
available to the Capitol Police to make the deposit to the credit of the
Employees' Compensation Fund required by section 8147(b) of title 5,
United States Code.
(b) Conforming Amendment.--Section 1018 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1907) is amended by striking
subsection (f).
(c) <<NOTE: 2 USC 1907 note.>> Effective Date.--This section shall
apply with respect to appropriations for fiscal year 2014 and each
fiscal year thereafter.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $3,868,000, of which $780,000 shall remain available until
September 30, 2015: Provided, That not more than $500 may be expended
on the certification of the Executive Director of the Office of
Compliance in connection with official representation and reception
expenses.
[[Page 128 STAT. 425]]
Administrative Provisions
Sec. 1101. (a) The second sentence of section 415(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) is amended
to read as follows: ``There are appropriated for such account such sums
as may be necessary to pay such awards and settlements.''.
(b) <<NOTE: 2 USC 1415 note.>> The amendment made by subsection (a)
shall apply with respect to fiscal year 2014 and each succeeding fiscal
year.
semiannual report of disbursements
Sec. 1102. <<NOTE: 2 USC 1387.>> (a) Reports Required.--Not later
than 60 days after the last day of each semiannual period of a fiscal
year, the Executive Director of the Office of Compliance shall submit to
the Committee on House Administration of the House of Representatives,
the Committee on Rules and Administration of the Senate, and the
Committees on Appropriations of the House of Representatives and Senate,
with respect to that period, a detailed, itemized report of the
disbursements for the operations of the Office of Compliance.
(b) Contents.--
(1) In general.--The report required by subsection (a) shall
include--
(A) the identification of each person who receives a
payment from the Office of Compliance, except that in
the case of an individual, the identification shall be
provided in a manner that does not identify the
individual by name;
(B) the quantity and price of any item furnished to
the Office of Compliance;
(C) a description of any service rendered to the
Office of Compliance, together with a statement of the
time required for the service, and the name, title, and
amount paid to each person who renders the service;
(D) a statement of all amounts appropriated to, or
received or expended by, the Office of Compliance and
any unexpended balances of such amounts; and
(E) such additional information as may be required
by regulation of the Committee on House Administration
of the House of Representatives, the Committee on Rules
and Administration of the Senate, or the Committees on
Appropriations of the House of Representatives or
Senate.
(2) Exception for confidential information.--The Executive
Director of the Office of Compliance may exclude from any report
required by subsection (a) any information the disclosure of
which would violate confidentiality policies of the Office of
Compliance.
(c) Effective Date.--This section shall apply with respect to the
semiannual periods of October 1 through March 31 and April 1 through
September 30 of each fiscal year, beginning with fiscal year 2014.
[[Page 128 STAT. 426]]
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $45,700,000.
Administrative Provision
acceptance of voluntary student services
Sec. 1201. (a) Section 3111(e) of title 5, United States Code, is
amended--
(1) by striking ``(e)'' and inserting ``(e)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In this section, the term `agency' includes the Congressional
Budget Office, except that in the case of the Congressional Budget
Office--
``(A) any student who provides voluntary service in
accordance with this section shall be considered an employee of
the Congressional Budget Office for purposes of section 203 of
the Congressional Budget Act of 1974 (relating to the level of
confidentiality of budget data); and
``(B) the authority granted to the Office of Personnel
Management under this section shall be exercised by the Director
of the Congressional Budget Office.''.
(b) <<NOTE: 5 USC 3111 note.>> The amendment made by subsection (a)
shall apply with respect to fiscal year 2014 and each succeeding fiscal
year.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $90,276,946, of which $599,000 shall remain
available until September 30, 2018.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $61,376,000, of which $21,400,000 shall remain available
until September 30, 2018, and of which $15,940,000 shall remain
available until expended solely for expenses related to rehabilitation
of the U.S. Capitol Dome.
[[Page 128 STAT. 427]]
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $13,860,000, of which $4,000,000 shall remain
available until September 30, 2018.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$72,990,000, of which $16,000,000 shall remain available until September
30, 2018.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $71,622,000, of which $9,100,000 shall
remain available until September 30, 2018.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $70,000,000, shall remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $116,678,000, of which $32,500,000 shall remain available
until September 30, 2018: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2014.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$53,391,000, of which $28,531,000 shall remain available until September
30, 2018.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $19,348,000, of which $1,814,000 shall remain
available until September 30, 2018.
[[Page 128 STAT. 428]]
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $11,856,000, of which $2,082,000 shall
remain available until September 30, 2018: Provided, That of the amount
made available under this heading, the Architect of the Capitol may
obligate and expend such sums as may be necessary for the maintenance,
care and operation of the National Garden established under section 307E
of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon
vouchers approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $20,632,000.
Administrative Provisions
semiannual report of disbursements
Sec. 1301. <<NOTE: 2 USC 1868a.>> (a) Reports Required.--Not later
than 60 days after the last day of each semiannual period, the Architect
of the Capitol shall submit to Congress, with respect to that period, a
detailed, itemized report of the disbursements for the operations of the
Office of the Architect of the Capitol.
(b) Contents.--The report required by subsection (a) shall include--
(1) the name of each person who receives a payment from the
Office of the Architect of the Capitol;
(2) the quantity and price of any item furnished to the
Office of the Architect of the Capitol;
(3) a description of any service rendered to the Office of
the Architect of the Capitol, together with a statement of the
time required for the service, and the name, title, and amount
paid to each person who renders the service;
(4) a statement of all amounts appropriated to, or received
or expended by, the Office of the Architect of the Capitol and
any unexpended balances of such amounts;
(5) the information submitted to the Comptroller General
under section 3523(b) of title 31, United States Code; and
(6) such additional information as may be required by
regulation of the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate.
(c) Printing.--Each report under this section shall be printed as a
House document.
(d) Effective Date.--This section shall apply with respect to the
semiannual periods of January 1 through June 30 and July 1 through
December 31 of each year, beginning with the semiannual period in which
this section is enacted.
[[Page 128 STAT. 429]]
use of building
Sec. 1302. <<NOTE: 2 USC 2001 note.>> (a) Use of Building.--In
exercising its authority under the item ``Architect of the Capitol,
Capitol Buildings and Grounds, House Office Buildings'' in the
Legislative Branch Appropriations Act, 1985 (Public Law 98-367; 2 U.S.C.
2001 note), to use the building referred to in such item for the
purposes of providing office and accommodations for the House of
Representatives, the House Office Building Commission is authorized to
enter into such agreements regarding the use of the building by the
House or by other persons as the Commission considers appropriate.
(b) Effective Date.--This section shall apply with respect to fiscal
year 2014 and each succeeding fiscal year.
collection and sale of recyclable materials
Sec. 1303. Section 1101(c) of Legislative Branch Appropriations
Act, 2009 (division G of Public Law 111-8, 123 Stat. 823, 2 U.S.C. 1811
note) is amended by striking ``each of the fiscal years 2009 through
2013'' and inserting ``fiscal year 2009 and each fiscal year
thereafter''.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and distribution
of catalog records and other publications of the Library; hire or
purchase of one passenger motor vehicle; and expenses of the Library of
Congress Trust Fund Board not properly chargeable to the income of any
trust fund held by the Board, $412,052,000, of which not more than
$6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2014, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2014 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $6,350,000: Provided further,
That of the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $7,119,000 shall remain available until expended for the
digital collections and educational curricula program.
[[Page 128 STAT. 430]]
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $51,624,000, of
which not more than $27,971,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2014 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $5,473,000 shall be derived from
collections during fiscal year 2014 under sections 111(d)(2), 119(b)(2),
803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $33,444,000: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the Copyright
Office of the Library of Congress for the purpose of training nationals
of developing countries in intellectual property laws and policies:
Provided further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with the
exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise
and extend the Annotated Constitution of the United States of America,
$105,350,000: Provided, That no part of such amount may be used to pay
any salary or expense in connection with any publication, or preparation
of material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration of the
House of Representatives or the Committee on Rules and Administration of
the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $49,750,000: Provided,
That of the total amount appropriated, $650,000 shall
[[Page 128 STAT. 431]]
be available to contract to provide newspapers to blind and physically
handicapped residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1401. (a) In General.--For fiscal year 2014, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $185,579,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
authority to transfer amounts between categories of appropriations
Sec. 1402. <<NOTE: 2 USC 132a-3.>> (a) In General.--During fiscal
year 2014 and any succeeding fiscal year, the Librarian of Congress may
transfer amounts appropriated for the fiscal year between the categories
of appropriations provided under law for the Library of Congress for the
fiscal year, upon the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(b) Limitation.--Not more than 10 percent of the total amount of
funds appropriated to the account under any category of appropriations
for the Library of Congress for a fiscal year may be transferred from
that account by all transfers made under subsection (a).
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title 44,
United States Code); printing and binding of Government publications
authorized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,736,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That notwithstanding the 2-
year limitation under section 718 of title 44, United States Code, none
of the funds appropriated or made available under this Act or any other
Act for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month
[[Page 128 STAT. 432]]
period beginning on the date that such document, report, or publication
is authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United States
Code: Provided further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Printing Office revolving fund for
carrying out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate: Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may be used to
prepare indexes to the Congressional Record on only a monthly and
session basis.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $31,500,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2012 and 2013 to depository
and other designated libraries: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving Fund,
$8,064,000, to remain available until expended, for information
technology development and facilities repair: Provided, That the
Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Printing Office Revolving Fund: Provided further, That not
more than $7,500 may be expended on the certification of the Public
Printer in connection with official representation and reception
expenses: Provided further, That the revolving fund shall be available
for the hire or purchase of not more than 12 passenger motor vehicles:
Provided further, That expenditures in connection with travel expenses
of the advisory councils to the Public Printer shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title
[[Page 128 STAT. 433]]
5, United States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of the
Executive Schedule under section 5316 of such title: Provided further,
That activities financed through the revolving fund may provide
information in any format: Provided further, That the revolving fund
and the funds provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' may not be used for contracted
security services at GPO's passport facility in the District of
Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $505,383,000: Provided, That in addition,
$32,368,000 of payments received under sections 782, 3521, and 9105 of
title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
Administrative Provision
use of electronic filing for procurement protest system
Sec. 1501. Section 3555(c) of title 31, United States Code, is
amended to read as follows:
``(c) Electronic Filing and Document Dissemination System.--
``(1) Establishment and operation of system.--The
Comptroller General shall establish and operate an electronic
filing and document dissemination system under which, in
accordance with procedures prescribed by the Comptroller
General--
``(A) a person filing a protest under this
subchapter may file the protest through electronic
means; and
[[Page 128 STAT. 434]]
``(B) all documents and information required with
respect to the protest may be disseminated and made
available to the parties to the protest through
electronic means.
``(2) Imposition of fees.--
``(A) In general.--The Comptroller General may
require each person who files a protest under this
subchapter to pay a fee to support the establishment and
operation of the electronic system under this
subsection, without regard to whether or not the person
uses the system with respect to the protest.
``(B) Amount.--The Comptroller General shall
establish (and from time to time shall update) a
schedule setting forth the amount of the fee to be paid
under subparagraph (A).
``(3) Treatment of amounts collected.--
``(A) Establishment of account.--The Comptroller
General shall maintain a separate account among the
accounts of the Government Accountability Office for the
electronic system under this subsection, and shall
deposit all amounts received as fees under paragraph (2)
into the account.
``(B) Use of amounts.--Amounts in the account
maintained under this paragraph shall be available to
the Comptroller General, without fiscal year limitation,
solely to establish and operate the electronic system
under this subsection.''.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
[[Page 128 STAT. 435]]
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2014 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
landscape maintenance
Sec. 206. The Architect of the Capitol, in consultation with the
District of Columbia, is authorized to maintain and improve the
landscape features, excluding streets, in the irregular shaped grassy
areas bounded by Washington Avenue, SW on the northeast, Second Street,
SW, on the west, Square 582 on the south, and the beginning of the I-395
tunnel on the southeast.
limitation on transfers
Sec. 207. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
[[Page 128 STAT. 436]]
guided tours of the capitol
Sec. 208. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
delivery of bills and resolutions
Sec. 209. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 210. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 211. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 212. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
authorizing commercial activity on union square
Sec. 213. <<NOTE: 40 USC 5102 note.>> (a) Treatment as Part of
Capitol Grounds.--
(1) In general.--For purposes of chapter 51 of title 40,
United States Code, the United States Capitol Grounds shall
include Union Square.
(2) Union square defined.--In this section, the term ``Union
Square'' means the area for which jurisdiction and control was
transferred to the Architect of the Capitol under section 1202
of the Legislative Branch Appropriations Act, 2012 (Public Law
112-74).
[[Page 128 STAT. 437]]
(b) Continuation of Types of Activity Previously Authorized.--
(1) In general.--Notwithstanding any limitations on the use
of the United States Capitol Grounds (including section 5104(c)
of title 40, United States Code), the Chief of the United States
Capitol Police (hereafter referred to as the ``Chief'')--
(A) may issue a permit authorizing a person to
engage in commercial activity in Union Square if the
activity is similar to the types of commercial activity
permitted in Union Square prior to the transfer of
jurisdiction and control of Union Square to the
Architect of the Capitol under section 1202 of the
Legislative Branch Appropriations Act, 2012 (Public Law
112-74); and
(B) under the terms and conditions of such a permit,
may require the person to whom the permit is issued to
pay a fee to cover any costs incurred by the Architect
of the Capitol as a result of the issuance of the
permit, if the fees are similar to the fees collected by
the Director of the National Park Service for commercial
activity permitted in Union Square prior to such
transfer of jurisdiction and control.
(2) Regulations.--The Chief shall carry out this section in
accordance with such regulations as the Capitol Police Board may
promulgate pursuant to the Board's authority under section 14 of
the Act of July 31, 1946 (2 U.S.C. 1969), except that the Board
shall promulgate the regulations in consultation with the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration of
the Senate.
(c) Capitol Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account for the Architect of the Capitol to
be known as the ``Capitol Trust Account'', consisting of all
fees collected by the Chief under subsection (b)(2).
(2) Transfer.--Immediately upon receiving any fees collected
under subsection (b)(2), the Chief shall transfer the fees to
the Capitol Trust Account.
(3) Use of funds.--Amounts in the Capitol Trust Account
shall be available without fiscal year limitation for such
maintenance, improvements, and projects with respect to Union
Square as the Architect of the Capitol considers appropriate,
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(d) Effective Date.--This section shall take effect on the date of
the enactment of the Legislative Branch Appropriations Act, 2012 (Public
Law 112-74).
This division may be cited as the ``Legislative Branch
Appropriations Act, 2014''.
[[Page 128 STAT. 438]]
DIVISION J <<NOTE: Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2014.>> --MILITARY CONSTRUCTION AND
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $1,104,875,000, to remain available until September 30, 2018:
Provided, That of this amount, not to exceed $64,575,000 shall be
available for study, planning, design, architect and engineer services,
and host nation support, as authorized by law, unless the Secretary of
the Army determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,629,690,000, to remain available until September 30,
2018: Provided, That of this amount, not to exceed $80,638,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,052,796,000, to remain available until September 30, 2018: Provided,
That of this amount, not to exceed $11,314,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That none of
the funds provided under this heading for military construction in the
United Kingdom as identified in the table entitled ``Military
Construction'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) may be
obligated or
[[Page 128 STAT. 439]]
expended until the Department of Defense completes a European
Consolidation Study, and the Secretary of Defense (1) provides to the
Committees on Appropriations of both Houses of Congress a comprehensive
European basing strategy reflecting the findings of the Consolidation
Study, and (2) certifies in writing the requirement identified in the
study for each of the military construction projects in the United
Kingdom funded in this section: Provided further, That none of the
funds provided under this heading for military construction in Saipan or
for Pacific Airpower Resiliency projects in Guam, Joint Region Marianas,
as identified in the table entitled ``Military Construction'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) may be obligated or expended until
the Department of Defense completes a Pacific Resiliency Study and the
Secretary of Defense (1) provides to the Committees on Appropriations of
both Houses of Congress a comprehensive Pacific Resiliency Plan, and (2)
certifies in writing the requirement identified in the study for each of
the military construction projects in Saipan, and for the Pacific
Airpower Resiliency projects in Guam funded in this section.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$3,445,423,000, to remain available until September 30, 2018: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That of
the amount appropriated, not to exceed $205,185,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That none of
the funds provided under this heading for military construction in
Germany or the United Kingdom as identified in the table entitled
``Military Construction'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
may be obligated or expended until the Department of Defense completes a
European Consolidation Study, and the Secretary of Defense (1) provides
to the Committees on Appropriations of both Houses of Congress a
comprehensive European basing strategy reflecting the findings of the
Consolidation Study, and (2) certifies in writing the requirement
identified in the study for each of the military construction projects
in Germany and the United Kingdom funded in this section: Provided
further, That of the amount appropriated, notwithstanding any other
provision of law, $38,513,000 shall be available for payments to the
North Atlantic
[[Page 128 STAT. 440]]
Treaty Organization for the planning, design, and construction of a new
North Atlantic Treaty Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $314,740,000, to remain available until September
30, 2018: Provided, That of the amount appropriated, not to exceed
$22,930,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $119,800,000, to remain available until September
30, 2018: Provided, That of the amount appropriated, not to exceed
$13,400,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $156,560,000, to remain
available until September 30, 2018: Provided, That of the amount
appropriated, not to exceed $14,212,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $29,000,000, to remain available until September 30,
2018: Provided, That of the amount appropriated, not to exceed
$2,540,000 shall be available for study, planning, design, and architect
and engineer services, as authorized
[[Page 128 STAT. 441]]
by law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $45,659,000, to
remain available until September 30, 2018: Provided, That of the amount
appropriated, not to exceed $2,229,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $199,700,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $27,408,000, to remain available until
September 30, 2018.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $512,871,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $73,407,000, to remain
available until September 30, 2018.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing,
[[Page 128 STAT. 442]]
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $379,444,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $76,360,000, to remain available until
September 30, 2018.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $388,598,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $55,845,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,780,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $122,536,000,
to remain available until September 30, 2018, which shall be only for
the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), as amended by section
2711 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239), $451,357,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific
[[Page 128 STAT. 443]]
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract
[[Page 128 STAT. 444]]
awards for which the lowest responsive and responsible bid of a United
States contractor exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided further, That
this section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive and
responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of
[[Page 128 STAT. 445]]
Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time period
as the fund to which transferred.
Sec. 121. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, That not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded solely due
to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is to report
annually to the Committees on Appropriations of both Houses of Congress
all operation and maintenance expenditures for each individual general
or flag officer quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
[[Page 128 STAT. 446]]
Sec. 123. None of the funds made available in this title, or in any
Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at or
for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a continuing
mission or function at that installation or a new mission or function
that is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated it
will assume ownership of the completed project. The Secretary of Defense
may not transfer funds made available as a result of this limitation
from any military construction project, land acquisition, or family
housing project to another account or use such funds for another purpose
or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within 7 days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 125. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and
Army contractor personnel employed exceeds 10 percent of the
total number of members of the regular and reserve components of
the Army assigned to the installation.
[[Page 128 STAT. 447]]
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary complied
with Army Regulation 5-10 relating to the policy, procedures, and
responsibilities for Army stationing actions.
Sec. 126. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 127. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 128. None of the funds appropriated or otherwise made
available by this Act may be used for decommissioning the Combined Heat
and Power Plant at Clear Air Force Station, Alaska, until the
Comptroller General of the United States conducts a review of the data
used by the Department of Defense, including data in the Environmental
Impact Statement and Fiscal Year 2010 Feasibility Study, to determine
whether decommissioning the Combined Heat and Power Plant is the most
cost-effective and beneficial option for the day-to-day operations and
missions at the installation in support of United States national
security.
Sec. 129. Notwithstanding section 116, the Secretary of Army may
obligate from any available military construction funds such additional
funds that the Secretary determines are necessary to complete the
Explosive Research and Development Loading Facility, Picatinny Arsenal,
New Jersey.
(including rescission of funds)
Sec. 130. Of the unobligated balances available for ``Military
Construction, Army'', from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $200,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for ``Military
Construction, Navy and Marine Corps'', from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $12,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 132. Of the unobligated balances available for ``Military
Construction, Air Force'', from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $39,700,000 are hereby rescinded.
[[Page 128 STAT. 448]]
(including rescission of funds)
Sec. 133. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $14,000,000 are hereby rescinded.
(including rescission of funds)
Sec. 134. Of the unobligated balances available for ``Military
Construction, Air National Guard'', from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $14,200,000 are hereby rescinded.
(including rescission of funds)
Sec. 135. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism
or as an emergency requirement), $99,949,000 are hereby rescinded.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$71,476,104,000, to remain available until expended: Provided, That not
to exceed $17,049,000 of the amount appropriated under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed
[[Page 128 STAT. 449]]
to ``Medical Care Collections Fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for the
payment of benefits under the Veterans Retraining Assistance Program,
$13,135,898,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $77,567,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2014, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $158,430,000.
vocational rehabilitation loans program account
For the cost of direct loans, $5,000, as authorized by chapter 31 of
title 38, United States Code: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,500,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $354,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,109,000.
[[Page 128 STAT. 450]]
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, aid to State homes as authorized by section 1741 of
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services
authorized by section 1787 of title 38, United States Code; $40,000,000,
which shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2013; and, in addition,
$45,015,527,000, plus reimbursements, shall become available on October
1, 2014, and shall remain available until September 30, 2015: Provided,
That notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall give
priority funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$5,879,700,000, plus reimbursements, shall become available on October
1, 2014, and shall remain available until September 30, 2015.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
[[Page 128 STAT. 451]]
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $85,000,000 which shall be in
addition to funds previously appropriated under this heading that became
available on October 1, 2013; and, in addition, $4,739,000,000, plus
reimbursements, shall become available on October 1, 2014, and shall
remain available until September 30, 2015.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $585,664,000, plus reimbursements, shall remain
available until September 30, 2015.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,000,000, of which not to exceed
$25,000,000 shall remain available until September 30, 2015.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $415,885,000, of which not to exceed
$20,151,000 shall remain available until September 30, 2015: Provided,
That the Board of Veterans Appeals shall be funded at not less than
$88,294,000: Provided further, That funds provided under this heading
may be transferred to ``General Operating Expenses, Veterans Benefits
Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services
[[Page 128 STAT. 452]]
Administration for security guard services, and reimbursement of the
Department of Defense for the cost of overseas employee mail,
$2,465,490,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum
extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further, That of the
funds made available under this heading, not to exceed $123,000,000
shall remain available until September 30, 2015.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $3,703,344,000, plus
reimbursements: Provided, That $1,026,400,000 shall be for pay and
associated costs, of which not to exceed $30,792,000 shall remain
available until September 30, 2015: Provided further, That
$2,181,653,000 shall be for operations and maintenance, of which not to
exceed $151,316,000 shall remain available until September 30, 2015:
Provided further, That $495,291,000 shall be for information technology
systems development, modernization, and enhancement, and shall remain
available until September 30, 2015: Provided further, That amounts made
available for information technology systems development, modernization,
and enhancement may not be obligated or expended until the Secretary of
Veterans Affairs or the Chief Information Officer of the Department of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress a certification of the amounts, in parts or in full,
to be obligated and expended for each development project: Provided
further, That amounts made available for salaries and expenses,
operations and maintenance, and information technology systems
development, modernization, and enhancement may be transferred among the
three subaccounts after the Secretary of Veterans Affairs requests from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ``Information Technology
Systems'' account for development, modernization, and enhancement may be
transferred among projects or to newly defined projects: Provided
further, That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the transfer and an
approval is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That funds under this heading may be used by
the Interagency Program Office through the Department of Veterans
Affairs to develop a standard data reference terminology model:
Provided
[[Page 128 STAT. 453]]
further, That of the funds provided for information technology systems
development, modernization, and enhancement for VistA Evolution, not
more than 25 percent may be obligated until the Secretary of the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that: (1) defines the budget and cost for full
operating capability and the total life cycle cost of the project; (2)
identifies the deployment timeline, including benchmarks, for full
operating capability; (3) describes how VistA Evolution will adhere to
data standardization as defined by the Interagency Program Office and
how testing will be conducted in order to ensure interoperability
between current and future Department of Veterans Affairs and Department
of Defense electronic health record systems; (4) has been submitted to
the Government Accountability Office for review; and (5) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government: Provided further, That
the funds made available under this heading for information technology
systems development, modernization, and enhancement, shall be for the
projects, and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $121,411,000, of which
$10,000,000 shall remain available until September 30, 2015: Provided,
That the Office of Inspector General, in coordination with the
Department of Defense's Office of Inspector General, shall examine the
process and procedures currently in place in the transmission of service
treatment and personnel records from the Department of Defense to the
Department of Veterans Affairs.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than
the amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, or where funds for a project were made available in a previous
major project appropriation, $342,130,000, of which $322,130,000 shall
remain available until September 30, 2018, and of which $20,000,000
shall remain available until expended: Provided, That except for
advance planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset management
related activities, including portfolio development and management
activities, and investment strategy
[[Page 128 STAT. 454]]
studies funded through the advance planning fund and the planning and
design activities funded through the design fund, including needs
assessments which may or may not lead to capital investments, and
salaries and associated costs of the resident engineers who oversee
those capital investments funded through this account, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none of the funds
made available under this heading shall be used for any project which
has not been approved by the Congress in the budgetary process:
Provided further, That funds made available under this heading for
fiscal year 2014, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by September 30, 2014;
and (2) by the awarding of a construction contract by September 30,
2015: Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both Houses of
Congress a written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, $714,870,000, to
remain available until September 30, 2018, along with unobligated
balances of previous ``Construction, Minor Projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
[[Page 128 STAT. 455]]
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2014 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2014, in this Act or any other Act, under the
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical Services'' and ``Medical
Support and Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'' and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United
[[Page 128 STAT. 456]]
States Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2013.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2014, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund under section 1920 of title 38, United
States Code, the Veterans' Special Life Insurance Fund under section
1923 of title 38, United States Code, and the United States Government
Life Insurance Fund under section 1955 of title 38, United States Code,
reimburse the ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems'' accounts for the
cost of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program during fiscal
year 2014 that are available for dividends in that program after claims
have been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall determine
the cost of administration for fiscal year 2014 which is properly
allocable to the provision of each such insurance program and to the
provision of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not to exceed $42,904,000
for the Office of Resolution
[[Page 128 STAT. 457]]
Management and $3,360,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made in advance
for services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for use
by the office that provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual rental
cost is more than $1,000,000, unless the Secretary submits a report
which the Committees on Appropriations of both Houses of Congress
approve within 30 days following the date on which the report is
received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, Major Projects''
and ``Construction, Minor Projects''.
Sec. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical Services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational
[[Page 128 STAT. 458]]
Assistance Act, to provide healthcare, including behavioral health and
dental care. The Secretary shall require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska Native regions
specified in sections 7(a)(1)-(4) and (7)-(12) of the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1606), and those lands
within the Alaska Native regions specified in sections 7(a)(5) and
7(a)(6) of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), which are not within the boundaries of the municipality of
Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough
or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'', ``General
Operating Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2014 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2014, in this Act or any other Act,
under the ``Medical Facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after
[[Page 128 STAT. 459]]
providing written notice to the Committees on Appropriations of both
Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2014 for ``Medical Services'', ``Medical Support
and Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to $254,257,000,
plus reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended, for
any purpose authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in division E of Public Law
113-6, the following amounts which became available on October 1, 2013,
are hereby rescinded from the following accounts in the amounts
specified:
[[Page 128 STAT. 460]]
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $150,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2015:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of the Department of Veterans Affairs shall
notify the Committees on Appropriations of both Houses of Congress of
all bid savings in major construction projects that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use of
such savings.
Sec. 228. The scope of work for a project included in
``Construction, Major Projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 229. The Secretary of the Department of Veterans Affairs shall
provide on a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach and
awareness marketing campaign in which obligations exceed $2,000,000.
Sec. 230. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days; (3) error rates; (4) the number of claims
personnel; (5) any corrective action taken within the quarter to address
poor performance; (6) training programs undertaken; and (7) the number
and results of Quality Review Team audits: Provided, That each
quarterly report shall be submitted no later than 30 days after the end
of the respective quarter.
Sec. 231. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming request if at
any point during fiscal year 2014, the funding allocated for a medical
care initiative identified in the fiscal year 2014 expenditure plan is
adjusted by more than $25,000,000 from the allocation shown in the
corresponding congressional budget justification. Such a reprogramming
request may go forward only if the Committees on Appropriations of both
Houses of Congress approve the request or if a period of 14 days has
elapsed.
Sec. 232. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2014 for ``Medical Services'' and ``Medical
[[Page 128 STAT. 461]]
Support and Compliance'', a maximum of $1,139,000 may be obligated from
the ``Medical Services'' account and a maximum of $69,804,000 may be
obligated from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability projects:
Provided, That funds in addition to these amounts may be obligated for
the VistA Evolution and electronic health record interoperability
projects upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
Sec. 233. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
(including rescission of funds)
Sec. 234. Of the unobligated balances available to the Department
of Veterans Affairs from prior year discretionary appropriations (other
than appropriations designated by law as being for an emergency
requirement) $182,000,000 are hereby rescinded.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $63,200,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,408,000: Provided, That
$2,500,000 shall be available for the purpose of
[[Page 128 STAT. 462]]
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in Public
Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $65,800,000, of
which not to exceed $7,000,000 shall remain available until September
30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,800,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for
[[Page 128 STAT. 463]]
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 404. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 405. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the Committee
on Appropriations of the House of Representatives and the Subcommittee
on Military Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 408. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public Web site
of that agency any report required to be submitted by the Congress in
this or any other Act, upon the determination by the head of the agency
that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
Sec. 409. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 410. None of the funds made available in this Act may be
distributed to the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries or successors.
Sec. 411. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by an
employee of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this
[[Page 128 STAT. 464]]
Act may be used to construct, renovate, or expand any facility in the
United States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 413. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order No.
12989.
Sec. 414. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 415. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2014''.
[[Page 128 STAT. 465]]
DIVISION K <<NOTE: Department of State Foreign Operations, and Related
Programs Appropriations Act, 2014.>> --DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,605,701,000, of which
$710,000,000 may remain available until September 30, 2015, and of which
up to $1,867,251,000 may remain available until expended for Worldwide
Security Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1) through (4)
as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,360,312,000, of which not
less than $131,713,000 shall be available only for public
diplomacy American salaries, and up to $255,866,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,760,255,000, of which not
less than $369,589,000 shall be available only for public
diplomacy international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$769,534,000.
(4) Security programs.--For necessary expenses for security
activities, $1,715,600,000, of which up to $1,611,385,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,806,600 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International Center
in accordance with section 4 of the International Center
Act, and, in addition, as authorized by section 5 of
such Act, $520,150, to be derived from the reserve
authorized by that section, to be used for the purposes
set out in that section;
[[Page 128 STAT. 466]]
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act, funds
may be reprogrammed within and between paragraphs (1)
through (4) under this heading subject to section 7015
of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to 31 U.S.C. 1108(g), for the field examination
of programs and activities in the United States funded
from any account contained in this title.
(D) Of the funds appropriated under this heading, up
to $34,000,000, to remain available until expended, may
be transferred to, and merged with, funds previously
made available under the heading ``Conflict
Stabilization Operations'' in title I of prior acts
making appropriations for the Department of State,
foreign operations, and related programs.
(E) None of the funds appropriated under this
heading may be used for the preservation of religious
sites unless the Secretary of State determines and
reports to the Committees on Appropriations that such
sites are historically, artistically, or culturally
significant, that the purpose of the project is neither
to advance nor to inhibit the free exercise of religion,
and that the project is in the national interest of the
United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $76,900,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$69,406,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this
[[Page 128 STAT. 467]]
heading, $10,400,000 may remain available until September 30, 2015.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $560,000,000, to remain available until expended: Provided,
That fees or other payments received from or in connection with English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided further, That not later than
45 days after enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations detailing modifications
made to existing educational and cultural exchange programs since
calendar year 2011, including for special academic and special
professional and cultural exchanges: Provided further, That any further
modifications to such programs shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $7,300,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$28,200,000, to remain available until September 30, 2015.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $785,351,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as
authorized: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture, furnishings,
or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,614,000,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2014.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,242,000, to remain available until expended as
[[Page 128 STAT. 468]]
authorized, of which not to exceed $1,000,000 may be transferred to, and
merged with, funds appropriated by this Act under the heading
``Repatriation Loans Program Account'', subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $1,537,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,690,000.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $31,221,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions or specific Acts of
Congress, $1,265,762,000: Provided, That the Secretary of State shall,
at the time of the submission of the President's budget to Congress
under section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations: Provided
further, That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget: Provided further, That
the Secretary of State shall report to the Committees on Appropriations
any credits available to the United States, including from the United
Nations Tax Equalization Fund (TEF), and provide updated fiscal year
2015 assessment costs including offsets from available TEF credits and
updated foreign currency exchange rates: Provided further, That any
such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That any payment of arrearages under this heading shall be
directed toward activities that are mutually agreed upon by the United
States and the respective international organization: Provided further,
That none of the funds appropriated under this heading shall be
available for a United States contribution to an international
organization for the United
[[Page 128 STAT. 469]]
States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,765,519,000, of
which 15 percent shall remain available until September 30, 2015:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has in place measures to prevent
United Nations employees, contractor personnel, and peacekeeping troops
serving in the mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of illegal sexual exploitation or
other violations of human rights, and to bring to justice individuals
who engage in such acts while participating in the peacekeeping mission,
including prosecution in their home countries of such individuals in
connection with such acts, and to make information about such cases
publicly available in the country where an alleged crime occurs and on
the United Nations' Web site; and (3) pursuant to section 7015 of this
Act and the procedures therein followed, of the source of funds that
will be used to pay the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses unless
the Secretary of State determines that American manufacturers and
suppliers are not being given opportunities to provide equipment,
services, and material for United Nations peacekeeping activities equal
to those being given to foreign manufacturers and suppliers: Provided
further, That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have not
violated human rights: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interests of the United States and the President has
submitted to the Congress such a recommendation: Provided further, That
the Secretary of State shall report to the Committees on Appropriations
any credits available to the United States, including those resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization Fund: Provided further, That any such credits shall only
be available for United States assessed contributions to the United
Nations and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, funds appropriated or
otherwise made available under this heading shall be available for
United
[[Page 128 STAT. 470]]
States assessed contributions up to the amount specified in Annex IV
accompanying United Nations General Assembly Resolution 64/220:
Provided further, That such funds may be made available above the amount
authorized in section 404(b)(2)(B) of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 287e note) only
if the Secretary of State determines and reports to the appropriate
congressional committees that it is important to the national interest
of the United States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For <<NOTE: 22 USC 269a note.>> necessary expenses for the United
States Section of the International Boundary and Water Commission,
United States and Mexico, and to comply with laws applicable to the
United States Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $44,000,000.
construction
For detailed plan preparation and construction of authorized
projects, $33,438,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$12,499,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $9,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $35,980,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
[[Page 128 STAT. 471]]
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of Governors
(BBG), as authorized, to carry out international communication
activities, and to make and supervise grants for radio and television
broadcasting to the Middle East, $721,080,000: Provided, That up to
$41,734,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions and Internet
freedom programs, of which not less than $25,500,000 shall be available
to expand unrestricted access to programs funded under this heading and
other information on the Internet through the development and use of
circumvention and secure communication technologies: Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses, of which $10,000 may be
used for representation expenses within the United States as authorized,
and not to exceed $30,000 may be used for representation expenses of
Radio Free Europe/Radio Liberty: Provided further, <<NOTE: 22 USC 6206
note.>> That the authority provided by section 504(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September 30, 2014:
Provided further, That the BBG shall notify the Committees on
Appropriations within 15 days of any determination by the Board that any
of its broadcast entities, including its grantee organizations, provides
an open platform for international terrorists or those who support
international terrorism, or is in violation of the principles and
standards set forth in subsections (a) and (b) of section 303 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6202) or
the entity's journalistic code of ethics: Provided further, That
significant modifications to BBG broadcast hours previously justified to
Congress, including changes to transmission platforms (shortwave, medium
wave, satellite, Internet, and television), for all BBG language
services shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $2,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until expended
for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio, television, and digital transmission and reception, and
purchase and installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized, $8,000,000, to remain available until expended, as
authorized.
[[Page 128 STAT. 472]]
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $30,984,000, to
remain available until September 30, 2015, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2014, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2014, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2014, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter
[[Page 128 STAT. 473]]
into any contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy
Act, $135,000,000, to remain available until expended, of which
$100,000,000 shall be allocated in the traditional and customary manner,
including for the core institutes, and $35,000,000 shall be for
democracy, human rights, and rule of law programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $690,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292), as
amended, $3,500,000, including not more than $4,000 for representation
expenses: Provided, That if the United States Commission on
International Religious Freedom is authorized beyond September 30, 2014,
this amount will remain available until September 30, 2015.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,579,000, including not
more than $4,000 for representation expenses, to remain available until
September 30, 2015.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $2,000,000, including
not more than $3,000 for representation expenses, to remain available
until September 30, 2015.
[[Page 128 STAT. 474]]
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2015:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in effect
during fiscal year 2014 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,059,229,000, of which
$158,900,000 may remain available until September 30, 2015: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the United
States Agency for International Development (USAID), unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds through
the following fiscal year: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this heading, not
to exceed $250,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $117,940,000, to remain available until
expended: Provided, That this amount is in addition
[[Page 128 STAT. 475]]
to funds otherwise available for such purposes: Provided further, That
not later than 180 days after enactment of this Act, the Administrator
of the United States Agency for International Development, in
consultation with the Secretary of State, shall submit a strategy to
eliminate redundant services and operations at diplomatic facilities
abroad, including information technology systems, communications
systems, and motor pool: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $45,000,000, of which $6,750,000 may
remain available until September 30, 2015, for the Office of Inspector
General of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$2,769,450,000, to remain available until September 30, 2015, and which
shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned by
causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That funds appropriated under
this paragraph may be made available for a United States contribution to
the GAVI Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available
[[Page 128 STAT. 476]]
to any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That any determination made under the previous proviso must be
made not later than 6 months after the date of enactment of this Act,
and must be accompanied by the evidence and criteria utilized to make
the determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce any
person to practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of
[[Page 128 STAT. 477]]
this or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public health
benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2018, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,650,000,000: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2014 may be made available to USAID for technical assistance
related to the activities of the Global Fund: Provided
further, <<NOTE: 22 USC 2151b-.2 note.>> That the annual report
required by section 104(A)(f) of the Foreign Assistance Act of 1961
shall also be submitted hereafter to the Committees on Appropriations:
Provided further, That funds appropriated under this paragraph shall be
made available for a challenge grant pilot program: Provided further,
That of the funds appropriated under this paragraph, up to $14,250,000
may be made available, in addition to amounts otherwise available for
such purposes, for administrative expenses of the Office of the United
States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $2,507,001,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not less than $23,000,000 shall be made available
for the American Schools and Hospitals Abroad program, and not less than
$10,000,000 shall be made available for cooperative development programs
of the United States Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $876,828,000, to remain
available until expended.
[[Page 128 STAT. 478]]
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development (USAID),
pursuant to section 491 of the Foreign Assistance Act of 1961,
$48,177,000, to remain available until expended, to support transition
to democracy and long-term development for countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That USAID shall submit a report to the
Committees on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the Secretary of State
determines that it is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
complex crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $20,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the purposes
of preventing or responding to such challenges and crises, except that
no funds shall be made available for lethal assistance or to respond to
natural disasters: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative expenses,
in addition to funds otherwise made available for such purposes, except
that such expenses may not exceed 5 percent of the funds appropriated
under this heading: Provided further, That funds appropriated under
this heading shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such notifications shall
be transmitted at least 5 days prior to the obligation of funds.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development (USAID), as
authorized by sections 256 and 635 of the Foreign Assistance
[[Page 128 STAT. 479]]
Act of 1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act: Provided,
That funds provided under this paragraph and funds provided as a gift
that are used for purposes of this paragraph pursuant to section 635(d)
of the Foreign Assistance Act of 1961 shall be made available only for
micro- and small enterprise programs, urban programs, and other programs
which further the purposes of part I of such Act: Provided further,
That such costs, including the cost of modifying such direct and
guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single country shall
not exceed $300,000,000: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,041,000, which may be transferred to,
and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made available
under this heading shall remain available until September 30, 2016.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,982,967,000, to remain
available until September 30, 2015.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$130,500,000, to remain available until September 30, 2015, of which
$70,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights, and Labor, Department of
State, and $60,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and
[[Page 128 STAT. 480]]
other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections 5921 through
5925 of title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of title 5,
United States Code, $1,774,645,000, to remain available until expended,
of which not less than $35,000,000 shall be made available to respond to
small-scale emergency humanitarian requirements: Provided, That
$15,000,000 of the funds appropriated under this heading in this Act, or
in prior Acts making appropriations for the Department of State, foreign
operations, and related programs, shall be made available for refugees
resettling in Israel: Provided further, That no amounts in the previous
proviso may be made available from amounts that were designated by
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $379,000,000, of which $5,150,000 is for
the Office of Inspector General, to remain available until September 30,
2015: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C.
2515, an amount not to exceed $5,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $104,000 may be available for representation expenses, of which
not to exceed $4,000 may be made available for entertainment expenses:
Provided further, That any decision to open, close, significantly
reduce, or suspend a domestic or overseas office or country program
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, except
that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other
Peace Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to pay for abortions.
[[Page 128 STAT. 481]]
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (MCA), $898,200,000, to remain available until
expended: Provided, That of the funds appropriated under this heading,
up to $105,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation (the Corporation): Provided further,
That up to 5 percent of the funds appropriated under this heading may be
made available to carry out the purposes of section 616 of the MCA for
fiscal year 2014: Provided further, That section 605(e) of the MCA
shall apply to funds appropriated under this heading: Provided further,
That funds appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section 609 of the
MCA only if such Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the Compact:
Provided further, That the Chief Executive Officer of the Corporation
shall notify the Committees on Appropriations not later than 15 days
prior to commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold program:
Provided further, That funds appropriated under this heading by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to implement
section 609(g) of the MCA shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
no country should be eligible for a threshold program after such country
has completed a country compact: Provided further, That any funds that
are deobligated from a Millennium Challenge Compact shall be subject to
the regular notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's lower
middle income country threshold for the fiscal year and is among the 75
lowest per capita income countries as identified by the World Bank; and
the country meets the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That notwithstanding section 606(b)(1) of the MCA, in
addition to countries described in the preceding proviso, a country
shall be a candidate country for purposes of eligibility for assistance
for the fiscal year if the country has a per capita income equal to or
below the World Bank's lower middle income country threshold for the
fiscal year and is not among the 75 lowest per capita income countries
as identified by the World Bank; and the country meets the requirements
of section 606(a)(1)(B) of the MCA: Provided further, That any
Millennium Challenge Corporation candidate country under section 606 of
the MCA with a per capita income that changes in the fiscal year such
that the country would be reclassified from a low income country to a
lower middle income country or from a lower middle income country to a
low income country shall retain its candidacy status in its former
income classification for the fiscal year and the 2 subsequent fiscal
years: Provided further,
[[Page 128 STAT. 482]]
That publication in the Federal Register of a notice of availability of
a copy of a Compact on the Millennium Challenge Corporation Web site
shall be deemed to satisfy the requirements of section 610(b)(2) of the
MCA for such Compact: Provided further, That none of the funds made
available by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs shall be
available for a threshold program in a country that is not currently a
candidate country: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available for
representation and entertainment expenses, of which not to exceed $5,000
may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2015, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That section 503(a) of the African Development Foundation Act
(Public Law 96-533; 22 U.S.C. 290h-1(a)) is hereby amended by inserting
``United States'' before ``African Development'': Provided further,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with respect
to a project and a project may exceed the limitation by up to 10 percent
if the increase is due solely to foreign currency fluctuation: Provided
further, That the USADF shall provide a report to the Committees on
Appropriations after each time such waiver authority is exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $23,500,000, to remain available
until September 30, 2016, which shall be available notwithstanding any
other provision of law.
[[Page 128 STAT. 483]]
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,005,610,000, to remain available until
September 30, 2015: Provided, That the provision of assistance by any
other United States Government department or agency which is comparable
to assistance made available under this heading but which is provided
under any other provision of law, shall be administered in accordance
with the provisions of sections 481(b) and 622(c) of the Foreign
Assistance Act of 1961: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be made
available to combat piracy of United States copyright materials,
consistent with the requirements of section 688(a) and (b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161): Provided
further, That the reporting requirements contained in section 1404 of
Public Law 110-252 shall apply to funds made available by this Act,
including a description of modifications, if any, to the Palestinian
Authority's security strategy: Provided further, That of the funds
appropriated under this heading, $5,000,000 shall be made available, on
a competitive basis, for rule of law programs for transitional and post-
conflict states, and for activities to coordinate rule of law programs
among foreign governments, international and nongovernmental
organizations, and other United States Government agencies: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: Provided further, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available for the
International Police Peacekeeping Operations Support Program shall only
be made available on a cost-matching basis from sources other than the
United States Government, to the maximum extent practicable: Provided
further, That section 482(b) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated under this heading, except that any
funds made available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $630,000,000, to
[[Page 128 STAT. 484]]
remain available until September 30, 2015, to carry out the provisions
of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of
small arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a voluntary contribution to the International Atomic
Energy Agency (IAEA), and for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
That for the clearance of unexploded ordnance, the Secretary of State
should prioritize those areas where such ordnance was caused by the
United States: Provided further, That funds made available under this
heading for the Nonproliferation and Disarmament Fund shall be available
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That funds appropriated under this
heading may be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in the
activities of that Agency: Provided further, That funds made available
for conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $235,600,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $36,000,000 shall be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai, of which of up to $8,000,000 may be
made available to address force protection requirements: Provided
further, That funds appropriated under this Act should not be used to
support any military training or operations that include child soldiers:
Provided further, That the Secretary of State shall consult with the
Committees on Appropriations prior to the obligation of funds made
available under this heading for the Global Peacekeeping Operations
Initiative: Provided further, That none of the funds appropriated under
this heading shall be obligated except as provided through the
[[Page 128 STAT. 485]]
regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $105,573,000, of which up to
$4,000,000 may remain available until September 30, 2015, and may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided, That the civilian personnel for
whom military education and training may be provided under this heading
may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights: Provided
further, That of the funds appropriated under this heading, not to
exceed $55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,389,280,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants only
for Israel, and funds are available for assistance for Jordan and Egypt
subject to section 7041 of this Act: Provided further, That the funds
appropriated under this heading for assistance for Israel shall be
disbursed within 30 days of enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel under this
heading shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $815,300,000 shall
be available for the procurement in Israel of defense articles and
defense services, including research and development: Provided further,
That none of the funds made available under this heading shall be made
available to support or continue any program initially funded under the
authority of section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456) unless the
Secretary of State, in coordination with the Secretary of Defense, has
justified such program to the Committees on Appropriations: Provided
further, That funds appropriated or otherwise made available under this
heading shall be nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
[[Page 128 STAT. 486]]
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 7015 of
this Act: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$60,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not to
exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That not more than $885,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2014
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $344,020,000, of
which up to $10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention on Climate
Change: Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations Democracy
Fund.
[[Page 128 STAT. 487]]
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $143,750,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,355,000,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States share
of the paid-in portion of the increases in capital stock, $186,957,000,
to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the Secretary of
the Treasury, $184,630,000, to remain available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $49,900,000, to remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $133,000,000, to remain available until
expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $102,000,000, to remain available until
expended.
[[Page 128 STAT. 488]]
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $6,298,000, to remain
available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $106,586,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $109,854,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $176,336,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available until
expended.
[[Page 128 STAT. 489]]
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,100,000, to remain available until September 30, 2015.
program account
The Export-Import Bank (the Bank) of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with law, and
to make such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That not less than 20 percent of the aggregate loan, guarantee,
and insurance authority available to the Bank under this Act should be
used to finance exports directly by small business concerns (as defined
under section 3 of the Small Business Act): Provided further, That not
less than 10 percent of the aggregate loan, guarantee, and insurance
authority available to the Bank under this Act should be used for
renewable energy technologies or energy efficiency technologies:
Provided further, <<NOTE: 12 USC 635 note.>> That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a) and (b) of
Public Law 103-428 shall remain in effect through October 1, 2014.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $115,500,000, of which $10,500,000
shall remain available until expended and shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided, That the Export-Import Bank (the Bank) may accept, and use,
payment or services provided by transaction participants for legal,
financial, or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance commitment has
been made: Provided further, <<NOTE: 12 USC 635a note.>> That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
September 30, 2014: Provided further,
[[Page 128 STAT. 490]]
That the Bank shall charge fees for necessary expenses (including
special services performed on a contract or fee basis, but not including
other personal services) in connection with the collection of moneys
owed the Bank, repossession or sale of pledged collateral or other
assets acquired by the Bank in satisfaction of moneys owed the Bank, or
the investigation or appraisal of any property, or the evaluation of the
legal, financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been made,
or systems infrastructure directly supporting transactions: Provided
further, That, in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2014 in excess
of obligations, up to $10,000,000, shall become available on September
1, 2014, and shall remain available until September 30, 2017.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $62,574,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $27,371,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2014, 2015, and 2016:
Provided further, That funds so obligated in fiscal year 2014 remain
available for disbursement through 2022;
[[Page 128 STAT. 491]]
funds obligated in fiscal year 2015 remain available for disbursement
through 2023; and funds obligated in fiscal year 2016 remain available
for disbursement through 2024: Provided further, That notwithstanding
any other provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV of chapter
2 of part I of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of the
previous proviso shall be subject to the regular notification procedures
of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $55,073,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not more than $4,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in fiscal year
2014 or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section should specify by
account the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under
[[Page 128 STAT. 492]]
existing law, or under existing Executive Order issued pursuant to
existing law.
diplomatic facilities
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
1501A-453), as amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
(c) For the purposes of calculating the fiscal year 2014 costs of
providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the Department of State's contribution for this
purpose.
(d) Funds appropriated by this Act, and any prior Act making
appropriations for the Department of State, foreign operations, and
related programs, which may be made available for the acquisition of
property for diplomatic facilities in Afghanistan, Pakistan, and Iraq,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(e)(1) The limitation and reporting requirement regarding the New
London Embassy contained in section 7004(f) of division I of Public Law
112-74 shall remain in effect during fiscal year 2014.
(2) Funds appropriated or otherwise made available by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, under the heading ``Embassy Security,
Construction, and Maintenance'' may be obligated for the relocation of
the United States Embassy to the Holy See only if the Secretary of State
reports in writing to the Committees on Appropriations that--
(A) the United States Ambassador to the Holy See and embassy
staff will retain their independence from other United States
missions located in Rome, including by maintaining a separate
building with a discrete address and entrance; and
(B) any relocation of the chancery will not increase annual
operating costs, will not result in a reduction in staff, and
will enhance overall security for the United States Embassy to
the Holy See.
(f)(1) Of the funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'', not less than
[[Page 128 STAT. 493]]
$25,000,000 shall be made available to address security vulnerabilities
at expeditionary, interim, and temporary facilities abroad, including
physical security upgrades and local guard staffing: Provided, That the
uses of such funds should be the responsibility of the Assistant
Secretary of State for the Bureau of Diplomatic Security and Foreign
Missions, in consultation with the Director of the Bureau of Overseas
Buildings Operations: Provided further, That such funds shall be
subject to prior consultation with the Committees on Appropriations.
(2) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the policies, standards, and
procedures for the construction and operation of expeditionary, interim,
and temporary diplomatic facilities, including any waiver of security
requirements and accommodation of temporary surges in personnel or
programs: Provided, That such report shall include a list of all
expeditionary, interim, and temporary diplomatic facilities and the
number of personnel and security costs for each such facility: Provided
further, That the report required by this paragraph may be submitted in
classified form if necessary.
(3) Notwithstanding any other provision of law, the opening,
closure, or any significant modification to an expeditionary, interim,
or temporary diplomatic facility shall be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a security
risk to personnel.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a cost-
technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such
section, for high risk, high threat posts: Provided, That the authority
in this section shall apply to any options for renewal that may be
exercised under such contracts.
[[Page 128 STAT. 494]]
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the President determines and certifies to the Committees
on Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office: Provided further,
That the provisions of this section shall not apply to assistance to
promote democratic elections or public participation in democratic
processes: Provided further, That funds made available pursuant to the
previous provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b) of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2014, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such transfer: Provided,
[[Page 128 STAT. 495]]
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by, or transfer authority provided in, this
Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of State
with any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support
Fund'' shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of
State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the Department of State or USAID and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other entity with
audit responsibility if the receiving agency does not have an IG, shall
perform periodic program and financial audits of the use of such funds:
Provided, That such audits shall be transmitted to the Committees on
Appropriations: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2014, and for each fiscal
quarter, a report in writing on the uses of funds made available
[[Page 128 STAT. 496]]
under the headings ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peacekeeping
Operations'', and ``Pakistan Counterinsurgency Capability Fund'' in this
Act, or prior Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided, That such report
shall include a description of the obligation and expenditure of funds,
and the specific country in receipt of, and the use or purpose of, the
assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Development Credit Authority'' shall
remain available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated or
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the
Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by
account and source year, the use of this authority during the previous
fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States
[[Page 128 STAT. 497]]
shall be exempt from taxation, or reimbursed, by the foreign government,
and the Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2014 on funds
appropriated by this Act by a foreign government or entity against
United States assistance programs for which funds are appropriated by
this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds appropriated
for assistance for fiscal year 2015 and allocated for the central
government of such country and for the West Bank and Gaza program to the
extent that the Secretary of State certifies and reports in writing to
the Committees on Appropriations, not later than September 30, 2015,
that such taxes have not been reimbursed to the Government of the United
States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State reports to the
Committees on Appropriations--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the Committees
on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any country or
entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement;
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include individual
income taxes assessed to local staff or personal services
contractors.
[[Page 128 STAT. 498]]
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies, shall submit a report to the
Committees on Appropriations, not later than 90 days after the enactment
of this Act, detailing steps taken by such departments or agencies to
comply with the requirements of this section.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of this
Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if
compliance with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
(USAID) that are specifically designated for particular programs or
activities by this or any other Act shall be extended for an additional
fiscal year if the USAID Administrator determines and reports promptly
to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely
that such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue to
be available for an additional fiscal year shall be obligated only for
the purpose of such designation.
(c) Ceilings and specifically designated funding levels contained in
this Act shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) None of the funds made available in titles I and II
of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a reprogramming of funds
that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
[[Page 128 STAT. 499]]
(6) creates, closes, reorganizes, or renames bureaus,
centers, or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds: Provided, That unless
previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations
of funds appropriated under titles I and II of this Act for
paragraphs (5) and (6) of this subsection.
(b) None of the funds provided under titles I and II of this Act, or
provided under previous appropriations Acts to the agency or department
funded under titles I and II of this Act that remain available for
obligation or expenditure in fiscal year 2014, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agency or department funded under title I of
this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
(c) None of the funds made available under titles III through VI of
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Conflict Stabilization Operations'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Millennium Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'', and
``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of this or any
other Act shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under titles III through VI
of this Act of less than 10 percent of the amount previously justified
to the
[[Page 128 STAT. 500]]
Congress for obligation for such activity, program, or project for the
current fiscal year.
(d) Notwithstanding any other provision of law, with the exception
of funds transferred to, and merged with, funds appropriated under title
I of this Act, funds transferred by the Department of Defense to the
Department of State and the United States Agency for International
Development for assistance for foreign countries and international
organizations, and funds made available for programs authorized by
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) The requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but in no
event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) None of the funds appropriated under titles III through VI of
this Act shall be obligated or expended for assistance for Afghanistan,
Bahrain, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, the
Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan,
Syria, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles
[[Page 128 STAT. 501]]
III through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which are
returned or not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign Assistance Act of
1961 or section 7049(a) of this Act, shall remain available for
obligation until September 30, 2015: Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated by this
Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act shall be made available
for programs and countries in the amounts contained in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) For the purposes of implementing this section and only with
respect to the tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
the Secretary of State, the Administrator of the United States Agency
for International Development, and the Broadcasting Board of Governors,
as appropriate, may propose deviations to the amounts referenced in
subsection (a), subject to the regular notification procedures of the
Committees on Appropriations.
representation and entertainment expenses
Sec. 7020. (a) Each Federal department, agency, or entity funded in
titles I or II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act, shall take
steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and United
States foreign policy interests and are--
[[Page 128 STAT. 502]]
(1) primarily for fostering relations outside of the
Executive Branch;
(2) principally for meals and events of a protocol nature;
(3) not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) None of the funds appropriated or otherwise made available by
this Act under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health Programs'',
``Development Assistance'', and ``Economic Support Fund'' may be
obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available
to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979 as continued in effect pursuant to the International
Emergency Economic Powers Act: Provided, That the prohibition
under this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide such
military equipment: Provided further, That this section applies
with respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national interests
of the United States.
(3) Whenever the President makes a determination pursuant to
paragraph (2), the President shall submit to the Committees on
Appropriations a report with respect to the furnishing of such
assistance, including a detailed explanation of the assistance
to be provided, the estimated dollar amount of such assistance,
and an explanation of how the assistance furthers United States
national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any such
title in prior Acts making appropriations for the Department of
State, foreign operations, and related programs, shall not be
made available to any foreign government which the President
determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
[[Page 128 STAT. 503]]
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) The President may waive the application of paragraph (1)
to a government if the President determines that national
security or humanitarian reasons justify such waiver: Provided,
That the President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'' and ``Foreign Military Financing Program'', ``program, project,
and activity'' shall also be considered to include country, regional,
and central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall also
be considered to include central, country, regional, and program level
funding, either as--
(1) justified to the Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
[[Page 128 STAT. 504]]
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
American producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions, as defined in section 7029(g) of this Act, to
use the voice and
[[Page 128 STAT. 505]]
vote of the United States to oppose any assistance by such institutions,
using funds appropriated or made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements
[[Page 128 STAT. 506]]
of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of
the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961: Provided, That before using the authority of this
subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees
on Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2014, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to this
subsection may be obligated or expended
[[Page 128 STAT. 507]]
except as provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development (USAID) may only be
made available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) In addition to the requirements of paragraph (1), the USAID
Administrator shall report, on a semi-annual basis, to the appropriate
congressional committees on all awards subject to limited or no
competition for local entities: Provided, That such report should be
posted on the USAID Web site: Provided further, That the requirements
of this subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of $2,000,000.
(c) Section 7077 of division I of Public Law 112-74 shall continue
in effect during fiscal year 2014: Provided, That subsection (b) of
such section is amended in subsection (b)(3) by striking ``either'' and
in subsection (b)(3)(A) by striking ``or'' after the semicolon and
replacing in lieu thereof ``and''.
international financial institutions
Sec. 7029. (a) None of the funds appropriated under title V of this
Act should be made as payment to any international financial institution
unless the Secretary of the Treasury certifies to the Committees on
Appropriations that such institution has a policy and practice of
requiring independent, outside evaluations of each project and program
loan or grant and significant analytical, non-lending activity, and the
impact of such loan, grant, or activity
[[Page 128 STAT. 508]]
on achieving the institution's goals, including reducing poverty and
promoting equitable economic growth, consistent with effective
safeguards.
(b) None of the funds appropriated under title V of this Act may be
made as payment to any international financial institution while the
United States executive director to such institution is compensated by
the institution at a rate which, together with whatever compensation
such executive director receives from the United States, is in excess of
the rate provided for an individual occupying a position at level IV of
the Executive Schedule under section 5315 of title 5, United States
Code, or while any alternate United States executive director to such
institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to oppose
any loan, grant, strategy, or policy of such institution that would
require user fees or service charges on poor people for primary
education or primary healthcare, including maternal and child health,
and the prevention, care and treatment of HIV/AIDS, malaria, and
tuberculosis in connection with such institution's financing programs.
(d) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to use the
voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the IMF to
a Heavily Indebted Poor Country that imposes budget caps or restraints
that do not allow the maintenance of or an increase in governmental
spending on healthcare or education; and to promote government spending
on healthcare, education, agriculture and food security, or other
critical safety net programs in all of the IMF's activities with respect
to Heavily Indebted Poor Countries.
(e) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to seek
to ensure that each such institution responds to the findings and
recommendations of its accountability mechanisms by providing just
compensation or other appropriate redress to individuals and communities
that suffer violations of human rights, including forced displacement,
resulting from any loan, grant, strategy or policy of such institution.
(f) The Secretary of the Treasury shall direct the United States
executive directors of the World Bank and the Inter-American Development
Bank to report to the Committees on Appropriations not later than 30
days after enactment of this Act and every 90 days thereafter until
September 30, 2014, on the steps being taken by such institutions to
support implementation of the April 2010 Reparations Plan for Damages
Suffered by the Communities Affected by the Construction of the Chixoy
Hydroelectric Dam in Guatemala.
(g) <<NOTE: 22 USC 262h note.>> For the purposes of this Act
``international financial institutions'' shall mean the International
Bank for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian Development
Bank, the Asian Development Fund, the Inter-American Investment
[[Page 128 STAT. 509]]
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the
African Development Fund.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title III
of this Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Funds appropriated by this Act may be made available for
direct government-to-government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency
or ministry have been addressed; and
(i) the recipient agency or ministry employs
and utilizes staff with the necessary technical,
financial, and management capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and
systems;
(iii) effective monitoring and evaluation
systems are in place to ensure that such
assistance is used for its intended purposes;
(iv) no level of acceptable fraud is assumed;
and
(v) the government of the recipient country is
taking steps to publicly disclose on an annual
basis its national budget, to include income and
expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act;
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedom
of association and assembly.
[[Page 128 STAT. 510]]
(2) In addition to the requirements in subsection (a), no
funds may be made available for direct government-to-government
assistance without prior consultation with, and notification of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess of
$10,000,000 and all funds available for cash transfer, budget
support, and cash payments to individuals.
(3) The Administrator of the United States Agency for
International Development (USAID) or the Secretary of State, as
appropriate, shall suspend any direct government-to-government
assistance if the Administrator or the Secretary has credible
information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification,
or that such misuse has been appropriately addressed.
(4) The Secretary of State shall submit to the Committees on
Appropriations, concurrent with the fiscal year 2015
congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed
funding amount, source of funds, and type of assistance.
(5) Not later than 90 days after the enactment of this Act
and 6 months thereafter until September 30, 2014, the USAID
Administrator shall submit to the Committees on Appropriations a
report that--
(A) details all assistance described in subsection
(a) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) None of the funds made available by this Act may be used
for any foreign country for debt service payments owed by any
country to any international financial institution: Provided,
That for purposes of this subsection, the term ``international
financial institution'' has the meaning given the term in
section 7029(g) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--Not later
than 90 days after enactment of this Act, the Secretary of
State, in consultation with the heads of other relevant Federal
agencies, shall develop for each government receiving assistance
appropriated by this Act, ``minimum requirements of fiscal
transparency'' which shall be updated and strengthened, as
appropriate, to reflect best practices.
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include receipts
and expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding and
concession allocation practices).
[[Page 128 STAT. 511]]
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
a determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in
an annual ``Fiscal Transparency Report'' to be posted on the
Department of State's Web site: Provided, That the Secretary
shall identify the significant progress made by each such
government to publicly disclose national budget documentation,
contracts, and licenses which are additional to such information
disclosed in previous fiscal years, and include specific
recommendations of short- and long-term steps such government
should take to improve fiscal transparency: Provided further,
That the annual report shall include a detailed description of
how funds appropriated by this Act are being used to improve
fiscal transparency, and identify benchmarks for measuring
progress.
(4) Assistance.--Of the funds appropriated under title III
of this Act, not less than $10,000,000 should be made available
for programs and activities to assist governments identified
pursuant to paragraph (1) to improve budget transparency and to
support civil society organizations in such countries that
promote budget transparency: Provided, That such sums shall be
in addition to funds otherwise made available for such purposes:
Provided further, That a description of the uses of such funds
shall be included in the annual ``Fiscal Transparency Report''
required by paragraph (3).
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Officials of foreign governments and their immediate
family members who the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) The Secretary may waive the application of paragraph (1)
if the Secretary determines that the waiver would serve a
compelling national interest or that the circumstances which
caused the individual to be ineligible have changed
sufficiently.
(4) Not later than 6 months after enactment of this Act, the
Secretary of State shall submit a report, including a classified
annex if necessary, to the Committees on Appropriations
describing the information relating to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph (1),
or who would be ineligible but for the application of paragraph
(2), a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Any unclassified portion of the report required under
paragraph (4) shall be posted on the Department of State's
[[Page 128 STAT. 512]]
Web site, without regard to the requirements of section 222(f)
of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the issuance
or refusal of visas or permits to enter the United States.
(d) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and III may be made available to support the provision of
additional information on United States Government foreign assistance on
the Department of State's foreign assistance Web site: Provided, That
all Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request, to the Department of
State.
democracy programs
Sec. 7032. (a) Of the funds appropriated by this Act, not less than
$2,849,555,000 should be made available for democracy programs, as
defined in subsection (c).
(b) Funds made available by this Act for democracy programs may be
made available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any regulation.
(c)(1) For purposes of funds appropriated by this Act, the term
``democracy programs'' means programs that support good governance,
credible and competitive elections, freedom of expression, association,
assembly, and religion, human rights, labor rights, independent media,
and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of democratic
states, and institutions that are responsive and accountable to
citizens.
(2) For purposes of funds appropriated under title III of this Act,
the term ``democracy programs'' shall also include programs to rescue
scholars, and fellowships, scholarships, and exchanges in the Middle
East and North Africa region for academic professionals and university
students from countries in such region, subject to the regular
notification procedures of the Committees on Appropriations.
(d) With respect to the provision of assistance for democracy, human
rights, and governance activities in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of the United
States Agency for International Development (USAID), shall report to the
Committees on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and USAID to
comply with the requirements of this subsection.
(e) The Secretary of State shall submit to the Committees on
Appropriations a strategy for the promotion of democracy in each country
that receives funds appropriated by this Act in title III and that is
important to the security interests of the United States, but whose
central government does not govern justly or in accordance with the rule
of law: Provided, That such strategy shall include support for
institutions and individuals within such government that demonstrate a
commitment to democratic principles.
[[Page 128 STAT. 513]]
(f) Funds appropriated by this Act that are made available for
democracy programs shall be made available to support freedom of
religion, including in the Middle East and North Africa.
(g) Any funds made available by this Act for a business and human
rights program in the People's Republic of China shall be made available
on a cost-matching basis from sources other than the United States
Government.
(h) The Bureau of Democracy, Human Rights, and Labor, Department of
State (DRL) and the Bureau for Democracy, Conflict and Humanitarian
Assistance, USAID, shall regularly communicate their planned programs to
the NED.
(i) Funds appropriated by this Act under the heading ``Democracy
Fund'' that are made available to DRL shall be made available to
establish and maintain a database of prisons and gulags in North Korea,
including a list of political prisoners, and such database shall be
regularly updated and made publicly available on the Internet, as
appropriate.
multi-year pledges
Sec. 7033. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, may be
made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
[[Page 128 STAT. 514]]
(d) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', ``Complex Crises Fund'', and
``Transition Initiatives'' may be made available to support programs to
disarm, demobilize, and reintegrate into civilian society former members
of foreign terrorist organizations: Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection: Provided further, That
for the purposes of this subsection the term ``foreign terrorist
organization'' means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.
(e) Research and Training.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' may be made available to carry out the
Program for Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501-4508).
(f) Partner Vetting.--Funds appropriated in this Act or any prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be used by the Secretary of State
and the USAID Administrator, as appropriate, to support the continued
implementation of the Partner Vetting System (PVS) pilot program:
Provided, That the Secretary of State and the USAID Administrator shall
jointly submit a report to the Committees on Appropriations, not later
than 30 days after completion of the pilot program, on the estimated
timeline and criteria for evaluating the PVS for expansion: Provided
further, That such report shall include the requirements under this
subsection in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That such report may be delivered in classified form, if
necessary.
(g) Contingencies.--During fiscal year 2014, the President may use
up to $100,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State may
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking appropriate
steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Reports Repealed.--Section 585 in the matter under section
101(c) of Division A of Public Law 104-208, Omnibus Consolidated
Appropriations Act, 1997; and subsection (g)(3) of section 7081 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (Division F of Public Law 111-117) <<NOTE: 22
USC 2656 note, 7909.>> are hereby repealed.
(j) Transfers for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under
[[Page 128 STAT. 515]]
the heading ``Protection of Foreign Missions and Officials'' unobligated
balances of expired funds appropriated under the heading ``Diplomatic
and Consular Programs'' for fiscal year 2014, except for funds
designated for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, at no later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall implement
section 203(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457): Provided,
That in determining whether to suspend the issuance of A-3 or G-5 visas
under such section, the Secretary should consider the following as
``credible evidence'': (1) a final court judgment (including a default
judgment) issued against a current or former employee of such mission or
organization (for which the time period for appeal has expired); (2) the
issuance of a T-visa to the victim; or (3) a request by the Department
of State to the sending state that immunity of individual diplomats or
family members be waived to permit criminal prosecution: Provided
further, That the Secretary should assist in obtaining payment of final
court judgments awarded to A-3 and G-5 visa holders, including
encouraging the sending states to provide compensation directly to
victims: Provided further, That the Secretary shall include in the
Trafficking in Persons annual report a concise summary of each
trafficking case involving an A-3 or G-5 visa holder which meets one or
more of the items in the first proviso of this subsection.
(l) Modification of Amendment.--Section 620M of the Foreign
Assistance Act of 1961 <<NOTE: 22 USC 2378d.>> (Limitation on
Assistance to Security Forces) is amended in subsection (d)(5) by
striking everything after ``when'' and inserting in lieu thereof ``an
individual is designated to receive United States training, equipment,
or other types of assistance the individual's unit is vetted as well as
the individual;''.
(m) Extension of Authorities.--
(1) <<NOTE: 22 USC 214 note.>> Section 1(b)(2) of the
Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be
applied by substituting ``September 30, 2014'' for ``September
30, 2010''.
(2) <<NOTE: 22 USC 4831 note.>> The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect for facilities in Afghanistan through September 30, 2014,
except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(3) The authority contained in section 1115(d) of Public Law
111-32 shall remain in effect through September 30, 2014.
(4) <<NOTE: 22 USC 4064 note.>> Section 824(g) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be applied
by substituting ``September 30, 2014'' for ``October 1, 2010''
in paragraph (2).
(5) <<NOTE: 22 USC 2733 note.>> Section 61(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a))
shall be applied by substituting ``September 30, 2014'' for
``October 1, 2010'' in paragraph (2).
(6) <<NOTE: 22 USC 2385 note.>> Section 625(j)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2014'' for ``October 1,
2010'' in subparagraph (B).
[[Page 128 STAT. 516]]
(7)(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904)
shall remain in effect through September 30, 2014.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of title
5, United States Code, if such member's official duty station
were in the District of Columbia.
(8) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(A) In section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2013'' and inserting ``2013, and 2014''; and
(ii) in subsection (e), by striking ``2013''
each place it appears and inserting ``2014''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2013'' and inserting
``2014''.
(9) The authorities provided in section 1015(b) of Public
Law 111-212 shall remain in effect through September 30, 2014.
(n) Crowd Control Items.--Funds appropriated by this Act should not
be used for tear gas, small arms, light weapons, ammunition, or other
items for crowd control purposes for foreign security forces that use
excessive force to repress peaceful expression, association, or assembly
in countries undergoing democratic transition.
(o) Extension of Protection for Afghan Allies.--Section 602(b) of
Public Law 111-8 <<NOTE: 8 USC 1101 note.>> is amended by adding at the
end of subsection 602(b)(3)(C):
``(D) Additional fiscal year.--For fiscal year 2014,
the total number of principal aliens who may be provided
special immigrant status under this section may not
exceed 3,000, except that any unused balance of the
total number of principal aliens who may be provided
special immigrant status in fiscal year 2014 may be
carried forward and provided through the end of fiscal
year 2015, notwithstanding the provisions of paragraph
(C), except that the one year period during which an
alien must have been employed in accordance with
subsection (b)(2)(A)(ii) shall be the period from
October 7, 2001 through December 31, 2014, and except
that the principal alien seeking special immigrant
status under this subparagraph shall apply to the Chief
of Mission in accordance with subsection (b)(2)(D) no
later than September 30, 2014.''.
(p) Department of State Working Capital Fund.--Funds appropriated by
this Act or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the activities
and in the amounts allowed in the President's fiscal year 2014 budget:
Provided, That Federal agency components shall be charged only for their
direct usage
[[Page 128 STAT. 517]]
of each Working Capital Fund service: Provided further, That Federal
agency components may only pay for Working Capital Fund services that
are consistent with the component's purpose and authorities: Provided
further, That the Working Capital Fund shall be paid in advance or
reimbursed at rates which will return the full cost of each service:
Provided further, That the Working Capital Fund shall be subject to the
requirements of section 7015 of this Act.
(q) Property Management.--Section 585(a) of Public Law 101-
513 <<NOTE: 22 USC 2396a.>> is amended by inserting ``and for
maintenance'' after ``of that Act''.
(r) Evaluations of Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance funded under
the headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' should be made available for the independent and
systematic collection and reporting of information obtained directly
from beneficiaries of such assistance regarding the quality and utility
of such assistance, for the purpose of maximizing its cost
effectiveness: Provided, That the Department of State and USAID, as
appropriate, shall post summaries of such information on their Web
sites.
(s) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-477) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements related
to such fund.
(t) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ``appropriate congressional committees'' shall
mean the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs'' shall mean funds that remain
available for obligation, and have not expired.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
[[Page 128 STAT. 518]]
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
[[Page 128 STAT. 519]]
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The President may waive subsection (a) if the President
determines that it is important to the national security interests of
the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2014, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to appropriate
United States financial information in order to review the uses of
United States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
[[Page 128 STAT. 520]]
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the Secretary
of State shall, as appropriate, establish procedures specifying the
steps to be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist
activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, inspections,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a), the
Comptroller General of the United States shall conduct an audit and an
investigation of the treatment, handling, and uses of all funds for the
bilateral West Bank and Gaza Program, including all funds provided as
cash transfer assistance, in fiscal year 2014 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
[[Page 128 STAT. 521]]
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Funds made available in this Act for West Bank and Gaza shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(g) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
[[Page 128 STAT. 522]]
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only if
the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestine Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full
accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) In general.--Funds appropriated by this Act that are
available for assistance for the Government of Egypt may only be
made available if the Secretary of State certifies to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--(A) Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', and
subject to paragraph (6) of this subsection, up to $250,000,000
may be made available for assistance for Egypt, of which not
less than $35,000,000 should be made available for higher
education programs including not less than $10,000,000 for
scholarships at not-for-profit institutions for Egyptian
students with high financial need: Provided, That such funds
may also be made available for democracy programs.
(B) Notwithstanding any provision of law restricting
assistance for Egypt, including paragraph (6) of this
subsection, funds made available under the heading
``Economic Support Fund'' in this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs for assistance
for Egypt may be made available for education and
economic growth programs, subject to prior consultation
with the appropriate congressional committees:
Provided, That such funds may not be
[[Page 128 STAT. 523]]
made available for cash transfer assistance or budget
support unless the Secretary of State certifies to the
appropriate congressional committees that the Government
of Egypt is taking steps to stabilize the economy and
implement economic reforms.
(C) The Secretary of State may reduce the amount of
assistance for the central Government of Egypt under the
heading ``Economic Support Fund'' by an amount the
Secretary determines is equivalent to that expended by
the United States Government for bail, and by
nongovernmental organizations for legal and court fees,
associated with democracy-related trials in Egypt.
(3) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', and subject to paragraph (6) of this
subsection, up to $1,300,000,000, to remain available until
September 30, 2015, may be made available for assistance for
Egypt which may be transferred to an interest bearing account in
the Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations: Provided, That if the
Secretary of State is unable to make the certification in
subparagraph (6)(A) or (B) of this subsection, such funds may be
made available at the minimum rate necessary to continue
existing contracts, notwithstanding any other provision of law
restricting assistance for Egypt and following consultation with
the Committees on Appropriations, except that defense articles
and services from such contracts shall not be delivered until
the certification requirements in subparagraph (6)(A) or (B) of
this subsection are met.
(4) Prior year funds.--Funds appropriated under the headings
``Foreign Military Financing Program'' and ``International
Military Education and Training'' in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available notwithstanding any
provision of law restricting assistance for Egypt, except that
such funds under the heading ``Foreign Military Financing
Program'' shall only be made available at the minimum rate
necessary to continue existing contracts, and following
consultation with the Committees on Appropriations.
(5) Security exemptions.--Notwithstanding any other
provision of law restricting assistance for Egypt, including
paragraphs (3), (4), and (6) of this subsection, funds made
available for assistance for Egypt in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be made available for
counterterrorism, border security, and nonproliferation programs
in Egypt, and for development activities in the Sinai.
(6) Fiscal year 2014 funds.--Except as provided in
paragraphs (2), (3) and (5) of this subsection, funds
appropriated by this Act under the headings ``Economic Support
Fund'', ``International Military Education and Training'', and
``Foreign Military Financing Program'' for assistance for the
Government of Egypt may be made available notwithstanding any
provision of law restricting assistance for Egypt as follows--
[[Page 128 STAT. 524]]
(A) up to $975,000,000 may be made available if the
Secretary of State certifies to the Committees on
Appropriations that the Government of Egypt has held a
constitutional referendum, and is taking steps to
support a democratic transition in Egypt; and
(B) up to $576,800,000 may be made available if the
Secretary of State certifies to the Committees on
Appropriations that the Government of Egypt has held
parliamentary and presidential elections, and that a
newly elected Government of Egypt is taking steps to
govern democratically.
(b) Iran.--The terms and conditions of section 7041(c) in division I
of Public Law 112-74 shall continue in effect during fiscal year 2014 as
if part of this Act, except that the date in paragraph (3) shall be
deemed to be ``September 30, 2014''.
(c) Iraq.--
(1) Funds appropriated by this Act for assistance for the
Government of Iraq should be made available to such government
to support international efforts to promote regional stability,
including in Syria.
(2) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Iraq shall be made
available for democracy programs, which shall be the
responsibility of the Assistant Secretary of State for
Democracy, Human Rights, and Labor, in consultation with the
Chief of Mission.
(3)(A) Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees assessing cost effective, operational
alternatives for Consulate Basrah, including closure of the
Consulate and coverage of Basrah from Embassy Baghdad:
Provided, That should the Secretary of State determine that the
closure of Consulate Basrah is a cost effective alternative,
funds made available by this Act under the heading ``Diplomatic
and Consular Programs'' for such diplomatic facility may be
transferred to, and merged with, funds made available by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' to increase security at diplomatic facilities
abroad.
(B) Of the funds appropriated under title I of this Act that
are made available for the costs of operations at Embassy
Baghdad, 10 percent may not be obligated until the Secretary of
State reports to the Committees on Appropriations on all active
diplomatic facility construction projects in Iraq since October
1, 2011, including the status of each project, the amount
obligated and expended for each project, the savings from
completed or terminated projects, and how such savings were
reprogrammed: Provided, That none of the funds appropriated by
title I of this Act may be made available for construction,
rehabilitation, or other improvements to facilities in Iraq on
property for which no land-use agreement has been entered into
by the Governments of the United States and Iraq: Provided
further, That the restrictions in this subparagraph shall not
apply if such funds are necessary to protect United States
Government facilities or the security, health, and welfare of
United States personnel.
(d) Jordan.--Of the funds appropriated by this Act for assistance
for Jordan--
[[Page 128 STAT. 525]]
(1) not less than $360,000,000 shall be made available under
the heading ``Economic Support Fund'' and not less than
$300,000,000 shall be made available under the heading ``Foreign
Military Financing Program''; and
(2) from amounts made available under title VIII designated
for Overseas Contingency Operations/Global War on Terrorism, not
less than $340,000,000 above the levels included in the
Memorandum of Understanding between the United States and Jordan
shall be made available for the extraordinary costs related to
instability in the region, including for security requirements
along the border with Iraq.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may be made
available for the Lebanese Armed Forces (LAF) if the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act.
(2) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Lebanon may be made available only to professionalize the LAF
and to strengthen border security and combat terrorism,
including training and equipping the LAF to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to implement
United Nations Security Council Resolution 1701: Provided, That
funds may not be made available for obligation for assistance
for the LAF until the Secretary of State submits a detailed
spend plan, including actions to be taken to ensure that
equipment provided to the LAF is used only for the intended
purposes, to the Committees on Appropriations, except such plan
may not be considered as meeting the notification requirements
under section 7015 of this Act or under section 634A of the
Foreign Assistance Act of 1961, and shall be submitted not later
than September 1, 2014: Provided further, That any notification
submitted pursuant to section 634A of the Foreign Assistance Act
of 1961 or section 7015 of this Act shall include any funds
specifically intended for lethal military equipment.
(3) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Lebanon may be made
available notwithstanding any other provision of law, except for
the provisions of this Act.
(f) Libya.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Libya
unless the Secretary of State reports to the Committees on
Appropriations that such government is cooperating with United
States Government efforts to investigate and bring to justice
those responsible for the attack on United States personnel and
facilities in Benghazi, Libya in September 2012: Provided, That
the limitation in this paragraph shall not apply to funding made
available for the purpose of protecting United States Government
personnel or facilities.
(2) None of the funds appropriated by this Act may be made
available for assistance for Libya for infrastructure projects,
except on a loan basis with terms favorable to the United
States, and only following consultation with the Committees on
Appropriations.
[[Page 128 STAT. 526]]
(g) Loan Guarantees and Enterprise Funds.--
(1) Funds appropriated under the heading ``Economic Support
Fund'' in this Act--
(A) may be made available for the costs, as defined
in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Tunisia and Jordan, which are
authorized to be provided: Provided, That amounts made
available under this paragraph for the cost of
guarantees shall not be considered ``assistance'' for
the purposes of provisions of law limiting assistance to
a country; and
(B) may be made available to establish and operate
one or more enterprise funds for Egypt, Tunisia, and
Jordan: Provided, That the first, third and fifth
provisos under section 7041(b) of division I of Public
Law 112-74 shall apply to funds appropriated by this Act
under the heading ``Economic Support Fund'' for an
enterprise fund or funds to the same extent and in the
manner as such provision of law applied to funds made
available under such section (except that the clause
excluding subsection (d)(3) of section 201 of the SEED
Act shall not apply): Provided further, That the
authority of any such enterprise fund or funds to
provide assistance shall cease to be effective on
December 31, 2024.
(2) Funds made available by this subsection shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(h) Morocco.--Funds appropriated under title III of this Act that
are available for assistance for Morocco should also be available for
assistance for the territory of the Western Sahara: Provided, That the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development, shall submit a report to
the Committees on Appropriations, not later than 90 days after enactment
of this Act, on proposed uses of such assistance.
(i) Syria.--
(1) Funds appropriated under title III of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available
notwithstanding any other provision of law for non-lethal
assistance for programs to address the needs of civilians
affected by conflict in Syria, and for programs that seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) develop and implement political processes that
are democratic, transparent, and adhere to the rule of
law;
(C) further the legitimacy of the Syrian opposition
through cross-border programs;
(D) develop civil society and an independent media
in Syria;
(E) promote economic development in Syria;
(F) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations; and
(G) counter extremist ideologies.
(2) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the Secretary
[[Page 128 STAT. 527]]
of State shall take all appropriate steps to ensure that
mechanisms are in place for the adequate monitoring, oversight,
and control of such assistance inside Syria: Provided, That the
Secretary of State shall promptly inform the appropriate
congressional committees of each significant instance in which
assistance provided pursuant to the authority of this subsection
has been compromised, to include the type and amount of
assistance affected, a description of the incident and parties
involved, and an explanation of the Department of State's
response.
(3) Funds appropriated by this Act that are made available
for assistance for Syria pursuant to the authority of this
subsection may only be made available after the Secretary of
State, in consultation with the heads of relevant United States
Government agencies, submits, in classified form if necessary, a
comprehensive strategy to the appropriate congressional
committees, which shall include a clear mission statement,
achievable objectives and timelines, and a description of inter-
agency and donor coordination and implementation of such
strategy: Provided, That such strategy shall also include a
description of oversight and vetting procedures to prevent the
misuse of funds.
(4) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees, and shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(j) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full
membership as a state in the United
Nations or any specialized agency
thereof outside an agreement negotiated
between Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court judicially
authorized investigation, or actively
support such an investigation, that
subjects Israeli nationals to an
investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the
restriction in paragraph (A) resulting from the
application of subparagraph (A)(i)(I) if the Secretary
certifies to the Committees
[[Page 128 STAT. 528]]
on Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations that
the Palestinians have not, after the date of enactment
of this Act, obtained in the United Nations or any
specialized agency thereof the same standing as member
states or full membership as a state outside an
agreement negotiated between Israel and the
Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to
subparagraph (i), the President may waive section 1003
of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under subparagraph (i) of this paragraph or under
previous provisions of law must expire before the waiver
under the preceding sentence may be exercised.
(iii) Any waiver pursuant to this paragraph shall be
effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the
enactment of this Act.
(k) Yemen.--None of the funds appropriated by this Act for
assistance for Yemen may be made available for the Armed Forces of Yemen
if such forces are controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and Nationality
Act.
africa
Sec. 7042. (a) Central African Republic.--Funds made available by
this Act for assistance for the Central African Republic shall be made
available for reconciliation and peacebuilding programs, including
activities to promote inter-faith dialogue at the national and local
levels, and for programs to prevent crimes against humanity.
(b) Counterterrorism Programs.--
(1) Of the funds appropriated by this Act, not less than
$53,000,000 should be made available for the Trans-Sahara
Counterterrorism Partnership program, and not less than
$24,000,000 should be made available for the Partnership for
Regional East Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $10,000,000 shall be made available
for programs to counter extremism in East Africa, in addition to
such sums that may otherwise be made available for such
purposes.
[[Page 128 STAT. 529]]
(c) Crisis Response.--Notwithstanding any other provision of law, up
to $10,000,000 of the funds appropriated by this Act under the heading
``Global Health Programs'' for HIV/AIDS activities may be transferred
to, and merged with, funds appropriated under the headings ``Economic
Support Fund'' and ``Transition Initiatives'' to respond to
unanticipated crises in Africa, except that funds shall not be
transferred unless the Secretary of State certifies to the Committees on
Appropriations that no individual currently on anti-retroviral therapy
supported by such funds shall be negatively impacted by the transfer of
such funds: Provided, That the authority of this subsection shall be
subject to prior consultation with the Committees on Appropriations.
(d) Ethiopia.--
(1) Funds appropriated by this Act that are available for
assistance for Ethiopian military and police forces shall not be
made available unless the Secretary of State--
(A) certifies to the Committees on Appropriations
that the Government of Ethiopia is implementing policies
to--
(i) protect judicial independence; freedom of
expression, association, assembly, and religion;
the right of political opposition parties, civil
society organizations, and journalists to operate
without harassment or interference; and due
process of law; and
(ii) permit access to human rights and
humanitarian organizations to the Somali region of
Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United States
training and equipment proposed to be provided to the
Ethiopian military and police including steps to ensure
that such assistance is not provided to military or
police personnel or units that have violated human
rights, and steps taken by the Government of Ethiopia to
investigate and prosecute members of the Ethiopian
military and police who have been credibly alleged to
have violated such rights.
(2) The restriction in paragraph (1) shall not apply to IMET
assistance, assistance to Ethiopian military efforts in support
of international peacekeeping operations, countering regional
terrorism, border security, and for assistance to the Ethiopian
Defense Command and Staff College.
(3) Funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'' that
are available for assistance in the lower Omo and Gambella
regions of Ethiopia shall--
(A) not be used to support activities that directly
or indirectly involve forced evictions;
(B) support initiatives of local communities to
improve their livelihoods; and
(C) be subject to prior consultation with affected
populations.
(4) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose financing for any activities that directly
or indirectly involve forced evictions in Ethiopia.
(e) Expanded International Military Education and Training.--
[[Page 128 STAT. 530]]
(1) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
made available for assistance for Angola, Cameroon, Chad, Cote
d'Ivoire, Guinea, Somalia, and Zimbabwe may be made available
only for training related to international peacekeeping
operations and expanded IMET: Provided, That the limitation
included in this paragraph shall not apply to courses that
support training in maritime security.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
may be made available for assistance for Equatorial Guinea or
the Central African Republic.
(f) Lord's Resistance Army.--Funds appropriated by this Act shall be
made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act (Public Law
111-172), including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(g) Programs in Africa.--
(1) Of the funds appropriated by this Act under the headings
``Global Health Programs'', ``Complex Crises Fund'', and
``Economic Support Fund'', not less than $7,000,000 shall be
made available for a pilot program to address health and
development challenges in Africa and promote increased economic
opportunities with the United States.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'', not less than $8,000,000 shall be made
available for a pilot program to address security challenges in
Africa.
(3) Funds made available under paragraphs (1) and (2) shall
be programmed in a manner that leverages a United States
Government-wide approach to addressing shared challenges and
mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in countries
in Africa seeking enhanced partnerships with the United States
in areas of trade, investment, development, health, and
security.
(h) Somalia.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance
for Somalia should be used to promote dialogue and
reconciliation between the central government and Somali
regions, and should be provided in an impartial manner that is
based on need and institutional capacity.
(2) None of the funds appropriated by this Act may be made
available for lethal assistance for Somali security forces.
(i) South Africa.--Not later than 90 days after enactment of this
Act, and following consultation with the Government of South Africa, the
Secretary of State shall submit a transition strategy to the appropriate
congressional committees for the President's Emergency Plan for AIDS
Relief in South Africa, including projected trajectories for levels and
types of United States assistance.
(j) Sudan.--
[[Page 128 STAT. 531]]
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(C) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
(CPA), mutual arrangements related to post-referendum
issues associated with the CPA, or any other
internationally recognized viable peace agreement in
Sudan.
(k) South Sudan.--
(1) Funds appropriated by this Act may be made available for
assistance for South Sudan, including to promote stability and
reconciliation, prevent and respond to gender-based violence,
promote women's leadership, expand educational opportunities
especially for girls, strengthen democratic institutions and the
rule of law, and enhance the capacity of the Federal Legislative
Assembly to conduct oversight over government processes,
revenues, and expenditures.
(2) Of the funds appropriated by this Act that are available
for assistance for the central Government of South Sudan, 15
percent may not be obligated until the Secretary of State
reports to the Committees on Appropriations that such government
is--
(A) implementing policies to support freedom of
expression and association, establish democratic
institutions including an independent judiciary,
parliament, and security forces that are accountable to
civilian authority; and
(B) investigating and punishing members of security
forces who have violated human rights.
(3) The Secretary of State shall seek to obtain regular
audits of the financial accounts of the Government of South
Sudan to ensure transparency and accountability of funds,
including revenues from the extraction of oil and gas, and the
timely, public disclosure of such audits: Provided, That the
Secretary should assist the Government of South Sudan in
conducting such audits, and provide technical assistance to
enhance the capacity of the National Auditor Chamber to carry
out its responsibilities, and shall submit a report not later
than 90 days after enactment of this Act to the Committees on
Appropriations detailing steps that will be taken by the
Government of South Sudan, which are additional to those taken
in the previous fiscal year, to improve resource management and
ensure transparency and accountability of funds.
(l) Trafficking in Conflict Minerals, Wildlife, and Other
Contraband.--
[[Page 128 STAT. 532]]
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda unless the Secretary of
State certifies to the Committees on Appropriations that the
Government of Rwanda is taking steps to cease political,
military and/or financial support to armed groups in the
Democratic Republic of the Congo (DRC), including M23, that have
violated human rights or are involved in the illegal exportation
of minerals, wildlife, or other contraband out of the DRC.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out of
the DRC by such groups, to protect humanitarian relief efforts,
or to support the training and deployment of members of the
Rwandan military in international peacekeeping operations, or to
conduct operations against the Lord's Resistance Army.
(m) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) Funds appropriated by this Act may be made available for
assistance for the central government of a country in which
individuals indicted by the ICTR and the SCSL are credibly
alleged to be living, if the Secretary of State determines and
reports to the Committees on Appropriations that such government
is cooperating with the ICTR and the SCSL, including the
apprehension, surrender, and transfer of indictees in a timely
manner: Provided, That this subsection shall not apply to
assistance provided under section 551 of the Foreign Assistance
Act of 1961 or to project assistance under title VI of this Act:
Provided further, That the United States shall use its voice
and vote in the United Nations Security Council to fully support
efforts by the ICTR and the SCSL to bring to justice individuals
indicted by such tribunals in a timely manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation
of the government in apprehending and surrendering the
indictee in question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing
the indictee before such court; and
(C) the justification for exercising the waiver
authority.
(n) Zimbabwe.--
(1) <<NOTE: 22 USC 2151 note.>> The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to vote against any
extension by the respective institution of any loans or grants
to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State
determines and reports in writing to the Committees on
Appropriations that the rule of law has
[[Page 128 STAT. 533]]
been restored in Zimbabwe, including respect for ownership and
title to property, and freedom of speech and association.
(2) None of the funds appropriated by this Act shall be made
available for assistance for the central Government of Zimbabwe,
except for health and education, unless the Secretary of State
makes the determination required in paragraph (1), and funds may
be made available for macroeconomic growth assistance if the
Secretary reports to the Committees on Appropriations that such
government is implementing transparent fiscal policies,
including public disclosure of revenues from the extraction of
natural resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State, after consultation with the Administrator of
the United States Agency for International Development (USAID),
the Secretary of Defense, and the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees an integrated, multi-year planning and budget
strategy for a rebalancing of United States policy in Asia that
links United States interests in the region with the necessary
resources and personnel required for implementation, management
and oversight of such strategy: Provided, That such strategy
may be submitted in classified form if necessary.
(2) Funds appropriated by title III of this Act that are
designated for implementation of the strategy described in
paragraph (1) shall also support the advancement of democracy
and human rights in Asia, including for democratic political
parties, civil society, and groups and individuals seeking to
advance transparency, accountability, and the rule of law:
Provided, That such funds shall also be made available, through
an open and competitive process, to nongovernmental networks and
alliances that seek to promote democracy, human rights, and the
rule of law in Asia.
(3) Funds appropriated by this Act that are designated for
the implementation of the strategy described in paragraph (1)
should be matched, to the maximum extent practicable and as
appropriate, by sources other than the United States Government.
(b) Burma.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available for assistance
for Burma notwithstanding any other provision of law: Provided,
That no such funds shall be made available to any successor or
affiliated organization of the State Peace and Development
Council (SPDC) controlled by former SPDC members that promote
the repressive policies of the SPDC, or to any individual or
organization credibly alleged to have committed gross violations
of human rights, including against Rohingyas and other minority
Muslim groups: Provided further, That such funds may be made
available for programs administered by the Office of Transition
Initiatives, USAID, for ethnic groups and civil society in Burma
to help sustain ceasefire agreements and further prospects for
reconciliation and peace,
[[Page 128 STAT. 534]]
which may include support to representatives of ethnic armed
groups for this purpose.
(2) Funds appropriated under title III of this Act for
assistance for Burma--
(A) may not be made available for budget support for
the Government of Burma;
(B) shall be provided to strengthen civil society
organizations in Burma, including as core support for
such organizations;
(C) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to
assistance for Burmese refugees from funds appropriated
by this Act under the heading ``Migration and Refugee
Assistance''; and
(D) shall be made available for ethnic and religious
reconciliation programs, including in ceasefire areas,
as appropriate, and to address the Rohingya and Kachin
crises.
(3)(A) Not later than 60 days after enactment of this Act,
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the appropriate congressional
committees a comprehensive strategy for the promotion of
democracy and human rights in Burma, which shall include support
for civil society, former prisoners, monks, students, and
democratic parliamentarians: Provided, That funds made
available by this Act for assistance for Burma shall be made
available for the implementation of such strategy: Provided
further, That the Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor, Department of State, shall
be consulted on democracy and human rights programs for Burma
administered by USAID.
(B) Not later than 90 days after enactment of this
Act and every 90 days thereafter until September 30,
2014, the Secretary of State shall submit a report to
the appropriate congressional committees detailing the
status of election preparations in Burma, including an
assessment of the ability of citizens to participate as
voters and candidates and of political parties to freely
contest elections.
(4) The Department of State may continue consultations with
the armed forces of Burma only on human rights and disaster
response, and following consultation with the appropriate
congressional committees.
(5) Funds appropriated by this Act should only be made
available for assistance for the central Government of Burma if
such government has implemented Constitutional reforms, in
consultation with Burma's political opposition and ethnic
groups, providing for inclusive, transparent, and fair
participation in presidential and parliamentary elections in
Burma, including as voters and candidates.
(6) Any new program or activity in Burma initiated in fiscal
year 2014 shall be subject to prior consultation with the
appropriate congressional committees.
(c) Cambodia.--
(1) Of the funds appropriated under title III of this Act
for assistance for Cambodia, 10 percent shall be withheld from
[[Page 128 STAT. 535]]
obligation until the Secretary of State submits to the
Committees on Appropriations the financial assessment and
comparative analysis report on Cambodia required under such
heading in Senate Report 113-81.
(2) None of the funds appropriated by titles III and IV of
this Act may be made available for assistance for the central
Government of Cambodia unless the Secretary of State certifies
to the Committees on Appropriations that--
(A) such government is conducting and implementing,
with the concurrence of the political opposition in
Cambodia, an independent and credible investigation into
irregularities associated with the July 28, 2013
parliamentary elections, and comprehensive reform of the
National Election Committee; or
(B) all parties that won parliamentary seats in such
elections have agreed to join the National Assembly, and
the National Assembly is conducting business in
accordance with the Cambodian constitution.
(3) The requirements of paragraph (2) shall not apply to
assistance for global health, food security, humanitarian
demining programs, human rights training for the Royal Cambodian
Armed Forces, or to enhance maritime security capabilities,
except that any such programs shall be subject to the regular
notification procedures of the Committees on Appropriations.
(4) Funds appropriated by this Act for a United States
contribution to a Khmer Rouge tribunal should not be made
available unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Cambodia has
provided, or otherwise secured, funding for the national side of
such tribunal.
(5) The Secretary of the Treasury shall direct the United
States executive director to the World Bank to report to the
Committees on Appropriations not later than 45 days after
enactment of this Act and every 90 days thereafter until
September 30, 2014, on the steps being taken by the World Bank
to provide appropriate redress for the Boeung Kak Lake families
who were harmed by the Land Management and Administration
Project, as determined by the World Bank Inspection Panel, and
as described in Senate Report 113-81: Provided, That such
report shall also include steps taken by the executive director
to postpone reengagement of World Bank programs in Cambodia
until the requirements of paragraph (2) are met.
(d) North Korea.--
(1) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this
Act, not less than $8,938,000 shall made available for
broadcasts into North Korea.
(2) Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available for
assistance for refugees from North Korea, including for
protection activities in the People's Republic of China.
(3) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the government of North Korea.
(e) People's Republic of China.--
[[Page 128 STAT. 536]]
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of
China unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the People's Republic of China, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Funds appropriated by this Act for public diplomacy
under title I and for assistance under titles III and IV shall
be made available to counter the strategic influence of the
People's Republic of China: Provided, That the Secretary of
State shall consult with other relevant United States Government
agencies in the development of a coordinated diplomacy and
assistance strategy that counters such influence: Provided
further, That the Secretary of State shall consult with the
Committees on Appropriations on such strategy prior to the
initial obligation of funds for such purposes, and such strategy
may be submitted to the Committees in classified form if
necessary.
(f) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to use the voice and vote of the United States to
support financing in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations
to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(g) Vietnam.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for remediation of
dioxin contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the military, for
such purposes, and funds appropriated under the heading ``Development
Assistance'' shall be made available for health/disability activities in
areas sprayed with Agent Orange or otherwise contaminated with dioxin.
[[Page 128 STAT. 537]]
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Operations and reports.--
(A) Funds appropriated under titles I and II of this
Act that are available for the construction and
renovation of United States Government facilities in
Afghanistan may not be made available if the purpose is
to accommodate Federal employee positions or to expand
aviation facilities or assets above those notified by
the Department of State and the United States Agency for
International Development (USAID) to the Committees on
Appropriations, or contractors in addition to those in
place on the date of enactment of this Act: Provided,
That the limitations in this paragraph shall not apply
if funds are necessary to protect such facilities or the
security, health, and welfare of United States
personnel.
(B) Of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and
``Operating Expenses'' that are made available for
operations in Afghanistan, 15 percent shall be withheld
from obligation until the Secretary of State, in
consultation with the Secretary of Defense and the USAID
Administrator, submits the report to the Committees on
Appropriations, in classified form if necessary, on
transition and security plans for the Department of
State and USAID required under the heading ``Sec. 7046''
in House Report 113-185: Provided, That such report
shall be updated every 6 months until September 30,
2015.
(2) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' for assistance for Afghanistan--
(A) may not be used to initiate any new program,
project, or activity for which regular oversight by the
Department of State or USAID, as appropriate, is not
possible, to include site visits;
(B) shall only be made available for programs that
the Government of Afghanistan (GoA) or other Afghan
entity is capable of sustaining, as appropriate and as
determined by the Chief of Mission;
(C) may be made available for independent election
bodies;
(D) may be made available for reconciliation
programs and disarmament, demobilization and
reintegration activities for former combatants who have
renounced violence against the GoA, in accordance with
section 7046(a)(2)(B)(ii) of Public Law 112-74;
(E) should not be used to initiate new major
infrastructure projects;
(F) shall be prioritized for programs that promote
women's economic and political empowerment, strengthen
and protect the rights of women and girls, and to
implement the United States Embassy Kabul Gender
Strategy;
(G) shall be implemented in accordance with all
applicable audit policies of the Department of State and
USAID; and
[[Page 128 STAT. 538]]
(H) may not be made available to any individual or
organization that the Secretary of State determines to
be involved in corrupt practices, including with respect
to Kabul Bank.
(3) Certification requirement.--
(A) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance
for the central Government of Afghanistan may not be
obligated unless the Secretary of State certifies to the
Committees on Appropriations that--
(i) credible elections in Afghanistan have
taken place, and a peaceful transfer of power has
occurred;
(ii) the GoA--
(I) has agreed to a Bilateral
Security Agreement with the United
States Government that further defines
the security partnership, including
support for counterterrorism operations;
and
(II) is cooperating with the United
States concerning the release of
prisoners that the United States
Government, the International Security
Assistance Force, or the Afghan National
Security Forces believe pose a threat to
the United States, Afghanistan, and the
region;
(iii) the GoA is taking credible steps to
protect and advance the rights of women and girls
in Afghanistan;
(iv) the necessary policies and procedures are
in place to ensure GoA compliance with section
7013 of this Act; and
(v) the GoA is making credible efforts to
reduce corruption and recover Kabul Bank stolen
assets.
(B) The Secretary of State, in consultation with the
Secretary of Defense, may waive the requirements of
subparagraph (A) if to do so is important to the
national security interests of the United States:
Provided, That if the Secretary of State, after such
consultation, exercises the authority of this
subparagraph the Secretary shall report to the
Committees on Appropriations, in classified form if
necessary, on the justification for the waiver and the
requirements of subparagraph (A) that cannot be
certified.
(4) Rule of law programs.--Of the funds appropriated by this
Act that are made available for assistance for Afghanistan, not
less than $50,000,000 shall be made available for rule of law
programs: Provided, That decisions on the uses of such funds
shall be the responsibility of the Coordinating Director, in
consultation with other appropriate United States Government
officials in Afghanistan, and such Director shall be consulted
on the uses of all funds appropriated by this Act for rule of
law programs in Afghanistan.
(5) Funding reduction.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available for
assistance for the GoA shall be reduced by $5 for every $1 that
the GoA imposes in taxes, duties, penalties, or other fees on
the transport of property of the United States
[[Page 128 STAT. 539]]
Government (including the United States Armed Forces), entering
or leaving Afghanistan.
(6) Base rights.--None of the funds made available by this
Act may be used by the United States Government to enter into a
permanent basing rights agreement between the United States and
Afghanistan.
(7) Extension of authority.--Funds appropriated under titles
III through VI of this Act that are made available for
assistance for Afghanistan may be made available notwithstanding
section 7012 of this Act or any similar provision of law and
section 660 of the Foreign Assistance Act of 1961.
(8) Afghanistan regional transition.--Of the funds made
available by this Act for assistance for Afghanistan, up to
$150,000,000 may be made available for programs in Central and
South Asia relating to a transition in Afghanistan, including
expanding Afghanistan linkages with the region: Provided, That
such funds shall be the responsibility of the Assistant
Secretary for the Bureau of South and Central Asian Affairs,
Department of State, and the coordinator designated pursuant to
section 601 of the Support for Eastern European Democracy (SEED)
Act of 1989 (Public Law 101-179) and section 102 of the FREEDOM
Support Act (Public Law 102-511): Provided further, That such
funds shall be subject to the regular notification procedures of
the Committees on Appropriations.
(9) Contributing authority.--Section 7046(a)(2)(A) of
division I of Public Law 112-74 shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(b) Bangladesh.--Funds appropriated by this Act under the heading
``Development Assistance'' that are available for assistance for
Bangladesh shall be made available for programs to improve labor
conditions by strengthening the capacity of independent workers'
organizations in Bangladesh's readymade garment, shrimp, and fish export
sectors.
(c) Nepal.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Nepal only if the Secretary of State certifies to
the Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and the
laws of war, and the Nepal army is cooperating fully with
civilian judicial authorities, including providing investigators
access to witnesses, documents, and other information.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction activities
in Nepal, or for training to participate in international
peacekeeping missions.
(d) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or otherwise made
available by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and
Law Enforcement'', and ``Foreign Military Financing
Program'' for assistance for the Government of Pakistan
may be made available unless the Secretary of State
certifies to the
[[Page 128 STAT. 540]]
Committees on Appropriations that the Government of
Pakistan is--
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani
Network, the Quetta Shura Taliban, Lashkar e-
Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other
domestic and foreign terrorist organizations,
including taking steps to end support for such
groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks
into neighboring countries;
(ii) not supporting terrorist activities
against United States or coalition forces in
Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-
judicially into political and judicial processes
in Pakistan;
(iii) dismantling improvised explosive device
(IED) networks and interdicting precursor
chemicals used in the manufacture of IEDs;
(iv) preventing the proliferation of nuclear-
related material and expertise;
(v) issuing visas in a timely manner for
United States visitors engaged in counterterrorism
efforts, assistance programs, and Department of
State operations in Pakistan; and
(vi) providing humanitarian organizations
access to detainees, internally displaced persons,
and other Pakistani civilians affected by the
conflict.
(B) The Secretary of State may waive the
requirements of subparagraph (A) if to do so is
important to the national security interests of the
United States: Provided, That if the Secretary of
State, after consultation with the Secretary of Defense,
exercises the authority of this subparagraph the
Secretary of State shall report to the Committees on
Appropriations on the justification for the waiver and
the requirements of subparagraph (A) that the Government
of Pakistan has not met: Provided further, That such
report may be submitted in classified form if necessary.
(2) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan, and are subject to section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining, and
Related Programs'' that are available for assistance for
Pakistan shall be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to
manufacture IEDs, including calcium ammonium nitrate; to
support programs to train border and customs officials
in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer
use among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall
be
[[Page 128 STAT. 541]]
implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for
this subsection.
(E) Of the funds appropriated under titles III and
IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from
obligation until the Secretary of State reports to the
Committees on Appropriations that Dr. Shakil Afridi has
been released from prison and cleared of all charges
relating to the assistance provided to the United States
in locating Osama bin Laden.
(3) Reports.--
(A)(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
combating poverty and furthering development in
Pakistan, countering extremism, and establishing
conditions conducive to the rule of law and transparent
and accountable governance: Provided, That such
benchmarks may incorporate those required in title III
of Public Law 111-73, as appropriate: Provided further,
That not later than 6 months after submission of such
spend plan, and each 6 months thereafter until September
30, 2015, the Secretary of State shall submit a report
to the Committees on Appropriations on the status of
achieving the goals and benchmarks in such plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by paragraph (A)(i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure
projects supported by the United States in Pakistan, and
an assessment of the extent to which such projects
achieve such objectives.
(e) Sri Lanka.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, unless the
Secretary of State certifies to the Committees on Appropriations
that the Government of Sri Lanka is meeting the conditions
specified under such heading in Senate Report 113-81.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining, disaster relief, and aerial and maritime
surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ``Foreign
[[Page 128 STAT. 542]]
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment of Tamils into the Sri Lankan military in an
inclusive and transparent manner, Tamil language training for
Sinhalese military personnel, and human rights training for all
military personnel.
(4) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
available for assistance for Sri Lanka, may be made available
only for training related to international peacekeeping
operations and expanded IMET: Provided, That the limitation in
this paragraph shall not apply to maritime security.
(5) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human
needs, unless the Secretary of State certifies to the Committees
on Appropriations that the Government of Sri Lanka is meeting
the conditions specified under such heading in Senate Report
113-81.
(f) Regional Cross Border Programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan
and Pakistan, or between either country and the Central Asian countries.
western hemisphere
Sec. 7045. (a) Colombia.--
(1) Funds appropriated by this Act and made available to the
Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups, and to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations: Provided, That the first through fifth provisos of
paragraph (1), and paragraph (3) of section 7045(a) of division
I of Public Law 112-74 shall continue in effect during fiscal
year 2014 and shall apply to funds appropriated by this Act and
made available for assistance for Colombia as if included in
this Act: Provided further, That 10 percent of the funds
appropriated by this Act for the Colombian national police for
aerial drug eradication programs may not be used for the aerial
spraying of chemical herbicides unless the Secretary of State
certifies to the Committees on Appropriations that the
herbicides do not pose unreasonable risks or adverse effects to
humans, including pregnant women and children, or the
environment, including endemic species: Provided further, That
any complaints of harm to health or licit crops caused by such
aerial spraying shall be thoroughly investigated and evaluated,
and fair compensation paid in a timely manner for meritorious
claims: Provided further, That of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $141,500,000 shall be apportioned directly to the United
States Agency for International Development (USAID)
[[Page 128 STAT. 543]]
for alternative development/institution building and local
governance programs in Colombia.
(2) Limitation.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', 25 percent
may be obligated only in accordance with the procedures and
conditions specified under section 7045 in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Cuba.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $17,500,000 should be made
available for programs and activities in Cuba.
(2) None of the funds appropriated by this Act under the
heading ``Economic Support Fund'' may be obligated by USAID for
any new programs or activities in Cuba.
(c) Guatemala.--
(1) Funds appropriated by this Act may be made available for
assistance for the Guatemalan army only--
(A) if the Secretary of State certifies that the
Government of Guatemala is taking credible steps to
implement the Reparations Plan for Damages Suffered by
the Communities Affected by the Construction of the
Chixoy Hydroelectric Dam (April 2010); and
(B) in accordance with the procedures and
requirements specified under section 7045 in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) None of the funds appropriated by this Act under the
headings ``International Military Education and Training'' and
``Foreign Military Financing Program'' may be expended for
assistance for the Guatemalan Armed Forces until the Secretary
of State certifies to the Committees on Appropriations that the
Government of Guatemala has resolved all cases involving
Guatemalan children and American adoptive parents pending since
December 31, 2007, or that such government is making significant
progress toward meeting a specific timetable for resolving such
cases.
(d) Haiti.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Haiti
until the Secretary of State certifies to the Committees on
Appropriations that--
(A) Haiti is taking steps to hold free and fair
parliamentary elections and to seat a new Haitian
Parliament;
(B) the Government of Haiti is respecting the
independence of the judiciary; and
(C) the Government of Haiti is combating corruption
and improving governance, including passage of the anti-
corruption law to enable prosecution of corrupt
officials and implementing financial transparency and
accountability requirements for government institutions.
(2) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) for the Coast Guard.
(e) Honduras.--
[[Page 128 STAT. 544]]
(1) Of the funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'', 35 percent may not be
made available for assistance for the Honduran military and
police except in accordance with the procedures and requirements
specified under section 7045 in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
security, and the rule of law within the military and police.
(f) Mexico.--
(1) Prior to the obligation of 15 percent of the funds
appropriated by this Act under the headings ``International
Narcotics Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are available for assistance for the
Mexican military and police, the Secretary of State shall report
in writing to the Committees on Appropriations that the
Government of Mexico is meeting the requirements specified under
section 7045 in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
security, and the rule of law within the military and police.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be paid for by the recipient country.
(h) Trade Capacity.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'' should
be made available for labor and environmental capacity building
activities relating to free trade agreements with countries of Central
America, Colombia, Peru, and the Dominican Republic.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United Nations
or, from funds appropriated by this Act to carry out chapter 1 of part I
of the Foreign Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without
[[Page 128 STAT. 545]]
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall be in
lieu of any determinations otherwise required under section 552(c):
Provided further, That funds made available pursuant to this section
shall be made available subject to the regular notification procedures
of the Committees on Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V
of this Act that are available for contributions to the United
Nations, any United Nations agency, or the Organization of
American States, 15 percent may not be obligated for such
organization or agency until the Secretary of State reports to
the Committees on Appropriations that the organization or agency
is--
(A) posting on a publicly available Web site,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization or agency, and providing the United States
Government with necessary access to such financial and
performance audits; and
(B) implementing best practices for the protection
of whistleblowers from retaliation, including best
practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation.
(2) The Secretary of State may waive the restriction in this
subsection, on a case-by-case basis, if the Secretary determines
and reports to the Committees on Appropriations that to do so is
important to the national interests of the United States.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation
to any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution to
any organization, agency, or program within the United Nations
system if such organization, agency, commission, or
[[Page 128 STAT. 546]]
program is chaired or presided over by a country the government
of which the Secretary of State has determined, for purposes of
section 620A of the Foreign Assistance Act of 1961, section 40
of the Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) The Secretary of State may waive the restriction in this
subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of the
United States.
(c) United Nations Human Rights Council.--Funds appropriated by this
Act may be made available to support the United Nations Human Rights
Council only if the Secretary of State reports to the Committees on
Appropriations that participation in the Council is in the national
interest of the United States: Provided, That the Secretary of State
shall report to the Committees on Appropriations not later than
September 30, 2014, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item.
(d) Report.--Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation or
expenditure in fiscal year 2014 under the headings ``Contributions to
International Organizations'' and ``International Organizations and
Programs'' that are withheld from obligation or expenditure due to any
provision of law: Provided, That the Secretary shall update such report
each time additional funds are withheld by operation of any provision of
law: Provided further, That the reprogramming of any withheld funds
identified in such report, including updates thereof, shall be subject
to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(e) United Nations Relief and Works Agency.--The reporting
requirements regarding the United Nations Relief and Works Agency
contained in the joint explanatory statement accompanying the
Supplemental Appropriations Act, 2009 (Public Law 111-32, House Report
111-151), under the heading ``Migration and Refugee Assistance'' in
title XI shall apply to funds made available by this Act under such
heading.
(f) United Nations Capital Master Plan.--None of the funds made
available in this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent
[[Page 128 STAT. 547]]
conflict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or tobacco
products of the same type.
international conferences
Sec. 7051. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days in advance
that such attendance is important to the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'' and
``Andean Counterdrug Programs'' may be used for any other program and in
any region, including for the transportation of active and standby
Civilian Response Corps personnel and equipment during a deployment:
Provided, That the responsibility for policy decisions and justification
for the use of such transfer authority shall be the responsibility of
the Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of
[[Page 128 STAT. 548]]
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds received by
the Department of State for the use of aircraft owned, leased,
or chartered by the Department of State may be credited to the
Department's Working Capital Fund and shall be available for
expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of division F
of Public Law 111-117 shall apply to this Act: Provided, That the date
``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be
``September 30, 2013''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments, and the
agreement applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions technology specifies
that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000
[[Page 128 STAT. 549]]
may be made available to carry out the provisions of section 316 of
Public Law 96-533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year.
united states agency for international development management
(including transfer of funds)
Sec. 7057. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$93,000,000 of the funds made available in title III of this Act to
carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used by the United States Agency for International Development
(USAID) to hire and employ individuals in the United States and overseas
on a limited appointment basis pursuant to the authority of sections 308
and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2015.
(c) Conditions.--The authority of subsection (a) should only be used
to the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, are eliminated.
(d) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which such individual's responsibilities primarily
relate: Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by this Act
in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961 may
be used, in addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II,
[[Page 128 STAT. 550]]
and section 667 of the Foreign Assistance Act of 1961, and title II of
the Food for Peace Act (Public Law 83-480), may be used by USAID to
employ up to 40 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose of providing
direct, interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire personnel
are hired and trained: Provided, That not more than 15 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480), may be made available only for
personal services contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in Afghanistan
or Pakistan with funds made available in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Pandemic Response.--If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, any funds made
available under titles III and IV in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available to combat such virus: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Global Fund.--(1) Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that--
(A) the Global Fund is maintaining and implementing
a policy of transparency, including the authority of the
[[Page 128 STAT. 551]]
Global Fund Office of the Inspector General (OIG) to
publish OIG reports on a public Web site;
(B) the Global Fund is providing sufficient
resources to maintain an independent OIG that--
(i) reports directly to the Board of the
Global Fund;
(ii) maintains a mandate to conduct thorough
investigations and programmatic audits, free from
undue interference; and
(iii) compiles regular, publicly published
audits and investigations of financial,
programmatic, and reporting aspects of the Global
Fund, its grantees, recipients, sub-recipients,
and Local Fund Agents;
(C) the Global Fund maintains an effective
whistleblower policy to protect whistleblowers from
retaliation, including confidential procedures for
reporting possible misconduct or irregularities; and
(D) the Global Fund is implementing the
recommendations contained in the Consolidated
Transformation Plan approved by the Board of the Global
Fund on November 21, 2011.
(2) The withholding required by this subsection shall not be
in addition to funds that are withheld from the Global Fund in
fiscal year 2014 pursuant to the application of any other
provision contained in this or any other Act.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing women's
opportunities for leadership positions in the public and private sectors
at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 should be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall
promote the integration of women into the police and other
security forces.
(2) Department of State and USAID gender programs shall
incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child marriage, rape, female
[[Page 128 STAT. 552]]
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement''
should be made available to support a multi-year strategy to expand, and
improve coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the equitable
provision of relief and recovery assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated by title III of this
Act, not less than $800,000,000 shall be made available
for assistance for basic education.
(B) The United States Agency for International
Development shall ensure that programs supported with
funds appropriated for basic education in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs are
integrated, when appropriate, with health, agriculture,
governance, and economic development activities to
address the economic and social needs of the broader
community.
(C) Funds appropriated by title III of this Act for
basic education may be made available for a contribution
to multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education, of which not less
than $25,000,000 shall be to support such programs in Africa,
including for partnerships between higher education institutions
in Africa and the United States.
(b) Development Grants Program.--Of the funds appropriated in title
III of this Act, not less than $45,000,000 shall be made available for
the Development Grants Program established pursuant to section 674 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161), primarily
for unsolicited proposals for activities within all sectors, to support
grants of not more than $2,000,000 to small nongovernmental
organizations, universities, and other small entities: Provided, That
funds made available under this subsection shall remain available until
September 30, 2016, and are in addition to other funds available for
such purposes.
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,153,500,000 should be made available for
environment programs.
(2) Clean energy.--The limitation in section 7081(b) of
division F of Public Law 111-117 shall continue in effect during
fiscal year 2014 as if part of this Act: Provided, That the
proviso contained in such section shall not apply.
[[Page 128 STAT. 553]]
(3) Adaptation and mitigation.--Funds appropriated by this
Act may be made available for United States contributions to
multilateral environmental funds to support adaptation and
mitigation programs and activities.
(4) Sustainable landscapes and biodiversity.--Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for sustainable landscapes
programs and, in addition, not less than $212,500,000 shall be
made available to protect biodiversity, and shall not be used to
support or promote the expansion of industrial scale logging or
any other industrial scale extractive activity into areas that
were primary/intact tropical forest as of December 30, 2013:
Provided, That funds made available for the Central African
Regional Program for the Environment and other tropical forest
programs in the Congo Basin for the United States Fish and
Wildlife Service (USFWS) shall be apportioned directly to the
USFWS: Provided further, That funds made available for the
Department of the Interior (DOI) for programs in the Mayan
Biosphere Reserve shall be apportioned directly to the DOI:
Provided further, That such funds shall also support programs to
protect great apes and other endangered species.
(5) Wildlife poaching and trafficking.--
(A) Not less than $45,000,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(B) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
Committees on Appropriations that to do so is in the
national security interests of the United States.
(6) Authority.--Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law except for the
provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations, to
support environment programs.
(7) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be made
available to promote and support transparency and
accountability of expenditures and revenues related to
the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of Public Law
110-246 and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent
audit mechanisms and support civil society participation
in natural resource management.
(B)(i) The Secretary of the Treasury shall inform
the managements of the international financial
institutions and post on the Department of the
Treasury's Web site that it is the policy of the United
States to vote against any assistance by such
institutions (including but not limited
[[Page 128 STAT. 554]]
to any loan, credit, grant, or guarantee) for the
extraction and export of a natural resource if the
government of the country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
section 1504 of Public Law 111-203, and unless such
government has adopted laws, regulations, or procedures
in the sector in which assistance is being considered
for--
(I) accurately accounting for and public
disclosure of payments to the host government by
companies involved in the extraction and export of
natural resources;
(II) the independent auditing of accounts
receiving such payments and public disclosure of
the findings of such audits; and
(III) public disclosure of such documents as
Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such
dissemination or disclosure for the redaction of,
or exceptions for, information that is
commercially proprietary or that would create
competitive disadvantage.
(ii) The requirements of clause (i) shall not apply
to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(C) The Secretary of the Treasury or the Secretary
of State, as appropriate, shall instruct the United
States executive director of each international
financial institution and the United States
representatives to all forest-related multilateral
financing mechanisms and processes that it is the policy
of the United States to vote against any financing to
support or promote the expansion of industrial scale
logging or any other industrial scale extractive
activity into areas that were primary/intact tropical
forest as of December 30, 2013.
(D) The Secretary of the Treasury shall instruct the
United States executive director of each international
financial institution that it is the policy of the
United States to oppose any loan, grant, strategy or
policy of such institution to support the construction
of any large hydroelectric dam (as defined in ``Dams and
Development: A New Framework for Decision-Making,''
World Commission on Dams (November 2000)).
(8) Transfer of funds.--The Secretary of State, after
consultation with the Secretary of the Treasury, shall transfer
$50,000,000 of funds appropriated under the heading ``Economic
Support Fund'' to funds appropriated by this Act under the
headings ``Multilateral Assistance, International Financial
Institutions'' for additional payments to trust funds enumerated
under such headings: Provided, That prior to exercising such
transfer authority the Secretary of State shall consult with the
Committees on Appropriations.
(9) <<NOTE: 22 USC 7909 note.>> Continuation of prior
law.--Section 7081(g)(2) and (4) of division F of Public Law
111-117 shall continue in effect during fiscal year 2014 as if
part of this Act.
(d) Food Security and Agriculture Development.--Of the funds
appropriated by title III of this Act, not less than
[[Page 128 STAT. 555]]
$1,100,000,000 should be made available for food security and
agriculture development programs, of which $32,000,000 shall be made
available for the Feed the Future Collaborative Research Innovation Lab:
Provided, That such funds may be made available notwithstanding any
other provision of law to address food shortages, and, if authorized,
for a United States contribution to the endowment of the Global Crop
Diversity Trust.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', $26,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals of
different ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the Administrator of the United
States Agency for International Development shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than the
United States Government.
(g) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'', not
less than $44,000,000 shall be made available for activities to combat
trafficking in persons internationally.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $365,000,000 shall be made available for water and
sanitation supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
(i) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
uzbekistan
Sec. 7061. The terms and conditions of section 7076 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply to
funds appropriated by this Act, except that the Secretary of State may
waive the application of section 7076(a) for a period of not more than 6
months and every 6 months thereafter until September 30, 2015, if the
Secretary certifies to the Committees on Appropriations that the waiver
is in the national security interest and necessary to obtain access to
and from Afghanistan for the United States, and the waiver includes an
assessment of progress, if any, by the Government of Uzbekistan in
meeting the requirements in section 7076(a): Provided, That the
Secretary of State, in consultation with the Secretary of Defense, shall
submit a report to the Committees on Appropriations not later than 12
months after enactment of this Act and 6 months thereafter, on all
United States Government assistance provided to the Government of
Uzbekistan and expenditures made in support of the Northern Distribution
Network in Uzbekistan during the previous 12 months,
[[Page 128 STAT. 556]]
including any credible information that such assistance or expenditures
are being diverted for corrupt purposes: Provided further, That
information provided in the assessment and report required by the
previous provisos shall be unclassified but may be accompanied by a
classified annex and such annex shall indicate the basis for such
classification: Provided further, That for purposes of the application
of section 7076(e) to this Act, the term ``assistance'' shall not
include expanded international military education and training.
requests for documents
Sec. 7062. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
united nations population fund
Sec. 7063. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2014, $35,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation of
any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
the UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that the UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds the UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
[[Page 128 STAT. 557]]
overseas private investment corporation
Sec. 7064. (a) Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up to
a total of $20,000,000 of the funds appropriated under title III of this
Act may be transferred to, and merged with, funds appropriated by this
Act for the Overseas Private Investment Corporation Program Account, to
be subject to the terms and conditions of that account: Provided, That
such funds shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) <<NOTE: 22 USC 2194 note.>> Notwithstanding section 235(a)(2)
of the Foreign Assistance Act of 1961, the authority of subsections (a)
through (c) of section 234 of such Act shall remain in effect until
September 30, 2014.
international prison conditions
Sec. 7065. Funds appropriated under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' in this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of 1961, for
assistance to eliminate inhumane conditions in foreign prisons and other
detention facilities: Provided, That decisions regarding the uses of
such funds shall be the responsibility of the Assistant Secretary of
State for Democracy, Human Rights, and Labor (DRL), in consultation with
the Assistant Secretary of State for International Narcotics Control and
Law Enforcement Affairs, and the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development, as appropriate: Provided further, That the
Assistant Secretary of State for DRL shall consult with the Committees
on Appropriations prior to the obligation of funds.
prohibition on use of torture
Sec. 7066. (a) None of the funds made available in this Act may be
used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
(b) Funds appropriated under title IV of this Act shall be made
available, notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on Appropriations,
for assistance to eliminate torture by foreign police, military or other
security forces in countries receiving assistance from funds
appropriated by this Act.
extradition
Sec. 7067. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the headings
``International Disaster Assistance'', ``Complex Crises Fund'',
``International Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and Migration
Assistance Fund'', and ``Nonproliferation, Anti-
[[Page 128 STAT. 558]]
terrorism, Demining and Related Assistance'') for the central government
of a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Subsection (a) shall only apply to the central government of a
country with which the United States maintains diplomatic relations and
with which the United States has an extradition treaty and the
government of that country is in violation of the terms and conditions
of the treaty.
(c) The Secretary of State may waive the restriction in subsection
(a) on a case-by-case basis if the Secretary certifies to the Committees
on Appropriations that such waiver is important to the national
interests of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO) and major non-NATO allies for
the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
independent states of the former soviet union
Sec. 7069. (a) None of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall be made
available for assistance for a government of an Independent State of the
former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States.
(b) Funds appropriated by this Act under the heading ``Economic
Support Fund'' may be made available, notwithstanding any other
provision of law, for assistance and related programs for the countries
identified in section 3(c) of the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179) and section 3 of the FREEDOM
Support Act (Public Law 102-511) and may be used to carry out the
provisions of those Acts: Provided, That such assistance and related
programs from funds appropriated by this Act under the headings ``Global
Health Programs'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'' shall be administered in
accordance
[[Page 128 STAT. 559]]
with the responsibilities of the coordinator designated pursuant to
section 601 of the Support for Eastern European Democracy (SEED) Act of
1989 (Public Law 101-179) and section 102 of the FREEDOM Support Act
(Public Law 102-511).
(c) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
international monetary fund
Sec. 7070. (a) The terms and conditions of sections 7086(b) (1) and
(2) and 7090(a) of division F of Public Law 111-117 shall apply to this
Act.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private
creditors.
(c) The Secretary of the Treasury shall report to the Committees on
Appropriations, not later than 45 days after enactment of this Act, a
description and estimate of IMF surcharges on outstanding and new loans
for calendar years 2011, 2012, and 2013; the IMF's internal use of funds
derived from such surcharges; and details of the IMF's internal budget
for the calendar years 2011, 2012, and 2013.
(d) The Secretary of the Treasury shall seek to ensure that the IMF
is implementing best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosures;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
sovereignty of the post-soviet states
Sec. 7071. (a) Prior to the obligation of funds appropriated under
title III of this Act that are available for assistance for the central
Government of the Russian Federation, the Secretary of State shall
consult with the Committees on Appropriations on how such assistance
supports the national interests of the United States.
[[Page 128 STAT. 560]]
(b)(1) Funds appropriated by this Act for assistance to the Eastern
Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova,
and Ukraine) shall be made available to advance the signing and
implementation of Association Agreements, trade agreements, and visa
liberalization agreements with the European Union, and to reduce their
vulnerability to external pressure not to enter into such agreements
with the European Union.
(2) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations on actions taken by the Government of the Russian
Federation to apply pressure on Eastern Partnership countries to prevent
their further integration with European institutions and harmonization
with European legal norms; an assessment of whether the Government of
the Russian Federation is violating its obligations as a member of the
World Trade Organization by erecting non-tariff barriers against imports
of goods from these countries; and a description of actions taken or
planned by the United States Government to ensure that the Eastern
Partnership countries maintain full sovereignty in their foreign policy
decisionmaking.
(c) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing efforts by the Government of the Russian
Federation to investigate and prosecute law enforcement and government
personnel credibly alleged to be responsible for gross violations of
human rights against Russian individuals affiliated with nongovernmental
and civil society organizations, the private sector, social activism,
opposition political parties, and the media.
(d) Funds appropriated by this Act shall be made available for
democracy and rule of law programs in countries of the former Soviet
Union: Provided, That not later than 90 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a multi-year strategy, including cost estimates,
objectives, and oversight mechanisms, for such programs on a country-by-
country basis.
(e) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the support of the Government of the Russian
Federation for the Government of Syria, including arms sales and the use
of such arms against civilian populations, and for the Government of
Iran, including support for nuclear research cooperation and sanctions
relief.
(f) The Secretary of State shall submit to the Committees on
Appropriations a description of steps taken by the United States
Government to assist in the restoration of the territorial integrity of
Georgia.
prohibition on first-class travel
Sec. 7072. None of the funds made available in this Act may be used
for first-class travel by employees of agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
limitation on certain awards
Sec. 7073. (a) Convictions.--None of the funds made available by
this Act may be used to enter into a contract, memorandum
[[Page 128 STAT. 561]]
of understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that was convicted
of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency has direct knowledge of
the conviction, unless a Federal agency has considered, in accordance
with its procedures, that this further action is not necessary to
protect the interests of the Government.
(b) Unpaid Taxes.--None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
has direct knowledge of the unpaid tax liability, unless a Federal
agency has considered, in accordance with its procedures, that this
further action is not necessary to protect the interests of the
Government.
(c) Implementation.--The requirements of this section shall be
implemented 180 days after enactment of this Act.
enterprise funds
Sec. 7074. (a) None of the funds made available under titles III
through VI of this Act may be made available for Enterprise Funds unless
the Committees on Appropriations are notified at least fifteen days in
advance.
(b) Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(c) Prior to a transition to and operation of any private equity
fund or other parallel investment fund under an existing Enterprise
Fund, the President shall submit such transition or operating plan to
the Committees on Appropriations, in accordance with the regular
notification procedures of the Committees on Appropriations.
arms trade treaty
Sec. 7075. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 30 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I and II, and the Department of the Treasury and
Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the African Development Foundation, shall
submit to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal year
2014, that provides
[[Page 128 STAT. 562]]
details of the use of such funds at the program, project, and activity
level.
(b) Spend Plans.--Prior to the initial obligation of funds, the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development (USAID), shall submit to the
Committees on Appropriations a detailed spend plan for funds made
available by this Act under title III, and under title IV where
applicable, for--
(1) assistance for Afghanistan, Colombia, Egypt, Haiti,
Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza,
and Yemen;
(2) the Caribbean Basin Security Initiative, the Central
American Regional Security Initiative, the Trans-Sahara
Counterterrorism Partnership program, and the Partnership for
Regional East Africa Counterterrorism program; and
(3) democracy programs, and food security and agriculture
development programs.
(c) Not later than 45 days after enactment of this Act, the USAID
Administrator shall submit to the Committees on Appropriations a
detailed spend plan for funds made available during fiscal year 2013
under the heading ``Development Credit Authority''.
(d) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this
Act under the headings ``Department of the Treasury'' in title III and
``International Financial Institutions'' in title V.
(e) Notifications.--The spend plans referenced in subsections (b),
(c) and (d) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign Assistance
Act of 1961.
(f) Congressional Budget Justifications.--The congressional budget
justifications for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2015.
special defense acquisition fund
Sec. 7077. Not to exceed $100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2016: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
use of funds in contravention of this act
Sec. 7078. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the basis
for such determination and any resulting changes to program and policy.
[[Page 128 STAT. 563]]
disability programs
Sec. 7079. (a) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for programs and
activities administered by the United States Agency for International
Development (USAID) to address the needs and protect and promote the
rights of people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and integration
of individuals with disabilities, including for the cost of translation.
(b) Of the funds made available by this section, up to 7 percent may
be for USAID for management, oversight, and technical support.
global internet freedom
Sec. 7080. (a) Of the funds appropriated under titles I and III of
this Act, not less than $50,500,000 shall be made available for programs
to promote Internet freedom globally: Provided, That such programs
shall be prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interests of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Funds made available pursuant to subsection (a) shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Complex Crises Fund'', and
shall be incorporated into country assistance, democracy
promotion, and broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human Rights,
and Labor, Department of State and the United States Agency for
International Development (USAID) for programs to implement the
May 2011, International Strategy for Cyberspace and the
comprehensive strategy to promote Internet freedom and access to
information in Iran, as required by section 414 of Public Law
112-158;
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Internet Web
sites of BBG broadcasters that are censored, and to work with
such broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive Internet-
related laws and regulations, including countering threats to
Internet freedom at international organizations; to combat
violence against bloggers and other users; and to enhance
digital security training and capacity building for democracy
activists; and
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention tools
that bypass Internet blocking, filtering, and other censorship
[[Page 128 STAT. 564]]
techniques used by authoritarian governments; and maintenance of
the United States Government's technological advantage over such
censorship techniques: Provided, That the Secretary of State,
in consultation with the BBG, shall coordinate any such research
and development programs with other relevant United States
Government departments and agencies in order to share
information, technologies, and best practices, and to assess the
effectiveness of such technologies.
(c) After consultation among the relevant agency heads to coordinate
and de-conflict planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State, the USAID Administrator,
and the BBG Board Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes.
impact on jobs in the united states
Sec. 7081. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) until September 30, 2014, for the enforcement of any
rule, regulation, policy, or guidelines implemented pursuant
to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank of
the United States on December 12, 2013,
[[Page 128 STAT. 565]]
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of which is
to: (i) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-blend
countries; and (ii) increase exports of goods and services from
the United States or prevent the loss of jobs from the United
States.
death gratuity and other benefits
(including rescission of funds)
Sec. 7082. (a) Death Gratuity.--Section 413 of the Foreign Service
Act of 1980 (22 U.S.C. 3973) is amended--
(1) in subsection (a) by striking ``at the time of death''
and inserting ``at level II of the Executive Schedule under
section 5313 of title 5, United States Code, at the time of
death, except that for employees compensated under local
compensation plans established under section 408 the amount
shall be equal to the greater of either one year's salary at the
time of death, or one year's basic salary at the highest step of
the highest grade on the local compensation plan from which the
employee was being paid at the time of death'';
(2) by redesignating subsections (b) and (d) as subsections
(d) and (e) respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b) Other Executive Agencies.--The head of an executive agency
shall, pursuant to guidance issued under subsection (c), make a death
gratuity payment authorized by this section to the survivors of any
employee of that agency or of an individual in a special category
serving in an uncompensated capacity for that agency, as identified in
guidance issued under subsection (c), who dies as a result of injuries
sustained in the performance of duty abroad while subject to the
authority of the chief of mission pursuant to section 207.''; and
(4) by amending subsection (c) to read as follows:
``Guidance.--Not later than 60 days after the date of the enactment
of the Consolidated Appropriations Act, 2014, the Secretary shall, in
consultation with the heads of other relevant executive agencies, issue
guidance with criteria for determining eligibility for, and order of
payments to, survivors and beneficiaries of any employee or of an
individual in a special category serving in an uncompensated capacity
for that agency who dies as a result of injuries sustained in the
performance of duty while subject to the authority of the chief of
mission pursuant to section 207.''.
(b) Life Insurance and Educational Benefits.--
(1) In general.--Chapter 4 of the Foreign Service Act of
1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
the following new sections:
``SEC. 415. <<NOTE: 22 USC 3975.>> GROUP LIFE INSURANCE
SUPPLEMENT APPLICABLE TO THOSE KILLED IN
TERRORIST ATTACKS.
``(a) Foreign Service Employees.--
``(1) In general.--Notwithstanding the amounts specified in
chapter 87 of title 5, United States Code, a Foreign Service
employee who dies as a result of injuries sustained while on
[[Page 128 STAT. 566]]
duty abroad because of an act of terrorism, as defined in
section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), shall be
eligible for a payment from the United States in an amount that,
when added to the amount of the employee's employer-provided
group life insurance policy coverage (if any), equals $400,000.
In the case of an employee compensated under a local
compensation plan established under section 408, the amount of
such payment shall be determined by regulations implemented by
the Secretary of State and shall be no greater than $400,000.
``(2) Designation of beneficiary.--A payment made under
paragraph (1) shall be made in accordance with the guidance
issued under section 413(c).
``(b) Other Executive Agencies.--The head of an executive agency
shall provide the additional payment authorized by this section,
consistent with the provisions set forth in subsection (a), with respect
to any employee of that agency or of an individual in a special category
serving in an uncompensated capacity for that agency who dies as a
result of injuries sustained while on duty abroad because of an act of
terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),
while subject to the authority of the chief of mission pursuant to
section 207.
``SEC. 416. <<NOTE: 22 USC 3976.>> SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE.
``(a) Foreign Service Employees.--The Secretary shall, pursuant to
guidance issued under section 413(c), provide educational assistance to
a beneficiary of any United States national Foreign Service employee who
dies while on duty abroad as a result of an act of terrorism, as defined
in section 140(d) of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (22 U.S.C. 2656f(d)), to meet, in whole or in part,
the expenses incurred by the beneficiary in pursuing a program of
education at an educational institution, including subsistence, tuition,
fees, supplies, books, equipment, and other educational costs.
``(b) Other Executive Agencies.--The head of an executive agency
shall, pursuant to guidance issued under section 413(c) provide
educational assistance authorized by this section to a beneficiary of
any employee of that agency who dies as a result of an act of terrorism
or terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),
while on duty abroad and subject to the authority of the chief of
mission pursuant to section 207.
``(c) Amount of Assistance.--Educational assistance under this
section may be made available up to the amounts provided for in section
3532 of title 38, United States Code, as adjusted by section 3564 of
such title, and for an aggregate period not in excess of 48 months.
``(d) Program of Education and Educational Institution Defined.--For
purposes of this section, the terms `program of education' and
`educational institution' have the meanings given the terms in section
3501 of title 38.''.
[[Page 128 STAT. 567]]
(2) Clerical amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting after
the item relating to section 414 the following new items:
``Sec. 415. Group life insurance supplement applicable to those killed
in terrorist attacks.
``Sec. 416. Survivors' and dependents' educational assistance.''.
(c) <<NOTE: 22 USC 3973 note.>> Applicability.--Notwithstanding any
other provision of law, sections 413, 415, and 416 of the Foreign
Service Act of 1980, as amended or added by this section, shall apply in
the case of a Foreign Service employee or executive branch employee
subject to the authority of the chief of mission pursuant to section 207
of the Foreign Service Act (22 U.S.C. 3927), serving at a United States
diplomatic or consular mission abroad, who died on or after April 18,
1983, as a result of injuries sustained in an act of terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)).
(d) <<NOTE: 22 USC 2680 note.>> Funding.--
(1) Diplomatic and consular programs funds.--Amounts made
available to the Department of State pursuant to the sixth
proviso under the heading ``Diplomatic and Consular Programs''
in title I of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161) are authorized to be used by the Department of
State to pay benefits or payments made available pursuant to
this Act.
(2) Availability.--To pay benefits or payments made
available pursuant to this Act, the Secretary of State may merge
with the amounts described in paragraph (1) unobligated balances
of funds appropriated under the ``Diplomatic and Consular
Programs'' heading for fiscal year 2014 and subsequent fiscal
years, up until the end of the fifth fiscal year after the
fiscal year for which such funds were appropriated or otherwise
made available.
(3) Rescission.--Of the unexpended balances available under
the heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $23,000,000 are rescinded.
preadoption visitation requirement
Sec. 7083. Section 101(b)(1)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)(F)(i)) is amended by striking ``at
least twenty-five years of age, who personally saw and observed the
child prior to or during the adoption proceedings;'' and inserting ``who
is at least 25 years of age, at least 1 of whom personally saw and
observed the child before or during the adoption proceedings;''.
[[Page 128 STAT. 568]]
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,391,109,000, to remain available until September 30, 2015, of which
$900,274,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $100,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$8,500,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$49,650,000, to remain available until September 30, 2015, which shall
be for the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
educational and cultural exchange programs
For an additional amount for ``Educational and Cultural Exchange
Programs'', as authorized, $8,628,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War
[[Page 128 STAT. 569]]
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $275,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $74,400,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,400,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.
RELATED PROGRAMS
United States Institute of Peace
For an additional amount for ``United States Institute of Peace'',
$6,016,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $81,000,000, to
remain available until September 30, 2015: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 128 STAT. 570]]
office of inspector general
For an additional amount for ``Office of Inspector General'',
$10,038,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$924,172,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'', $9,423,000,
to remain available until September 30, 2015: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until September 30, 2015: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,656,215,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,284,355,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 128 STAT. 571]]
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $344,390,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $70,000,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$200,000,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That of the funds available for obligation under this heading
in this Act and in prior Acts making appropriations for the Department
of State, foreign operations, and related programs, up to $194,000,000
may be used to pay assessed expenses of international peacekeeping
activities in Somalia.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$530,000,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2014.
[[Page 128 STAT. 572]]
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
transfer authority
Sec. 8003. (a) Funds appropriated by this title in this Act under
the headings ``Diplomatic and Consular Programs'' and ``Embassy
Security, Construction, and Maintenance'' may be transferred to, and
merged with, funds appropriated by this title under such headings.
(b) Funds appropriated by this title in this Act under the headings
``Economic Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'' may be transferred to, and merged with--
(1) funds appropriated by this title under such headings;
and
(2) funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance''.
(c) Notwithstanding any other provision of this section, of the
funds appropriated by this title in this Act not to exceed $400,000,000
from funds appropriated under the heading ``Economic Support Fund'', not
to exceed $10,000,000 from funds appropriated under the heading
``International Narcotics Control and Law Enforcement'', and not to
exceed $50,000,000 from funds appropriated under the heading ``Foreign
Military Financing Program'' may be transferred to, and merged with,
funds made available under the heading ``Complex Crises Fund'':
Provided, That upon determination that all or part of the funds so
transferred from such appropriations are not necessary for the purposes
for which they were transferred, such amounts may be transferred back to
such appropriation and shall be available for the same purposes and for
the same time period as originally appropriated.
(d) Notwithstanding any other provision of this section, not to
exceed $25,000,000 from funds appropriated under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by this title
in this Act may be transferred to, and merged with, funds previously
made available under the heading ``Global Security Contingency Fund'':
Provided, That not later than 15 days prior to making any such transfer,
the Secretary of State shall notify the Committees on Appropriations on
a country basis, including the implementation plan and timeline for each
proposed use of such funds.
(e) The transfer authority provided in subsections (a) and (b) may
only be exercised to address unanticipated contingencies: Provided,
That no such transfer shall exceed 15 percent of any appropriation made
available for the current fiscal year by this title and no such
appropriation shall be increased by more than 25 percent by any such
transfer.
(f) The transfer authority provided by this section shall be subject
to the regular notification procedures of the Committees
[[Page 128 STAT. 573]]
on Appropriations: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law, including section 610 of the Foreign Assistance Act of
1961 which may be exercised by the Secretary of State for the purposes
of this title.
rescission of funds
Sec. 8004. Of the unobligated balances available from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Diplomatic and Consular
Programs'' and designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
$427,296,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated for Worldwide Security Protection.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014''.
DIVISION L <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2014.>> --TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
TITLE I <<NOTE: Department of Transportation Appropriations Act,
2014.>>
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $107,000,000,
of which not to exceed $2,652,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,000,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $19,900,000
shall be available for the Office of the General Counsel; not to exceed
$10,271,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $12,676,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,530,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $26,378,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,020,000 shall be available for the Office of Public
Affairs; not to exceed $1,714,000 shall be available for the Office of
the Executive Secretariat; not to exceed $1,386,000 shall be available
for the Office of Small and Disadvantaged Business Utilization; not to
exceed $10,778,000 shall be available for the Office of Intelligence,
Security, and Emergency Response; and not to exceed $15,695,000 shall be
available for the Office of the Chief Information Officer: Provided,
That the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 5 percent by all such transfers: Provided further, That notice of
any change in funding greater than 5 percent shall be submitted for
approval
[[Page 128 STAT. 574]]
to the House and Senate Committees on Appropriations: Provided further,
That not to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision
of law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this
Act shall be available for the position of Assistant Secretary for
Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $14,765,000, of which $8,218,000
shall remain available until September 30, 2016: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, <<NOTE: 49 USC 112 note.>> That notwithstanding any
other provision of law, the powers and duties, functions, authorities
and personnel of the Research and Innovative Technology Administration
are hereby transferred to the Office of the Assistant Secretary for
Research and Technology in the Office of the Secretary: Provided
further, That notwithstanding section 102 of title 49 and section 5315
of title 5, United States Code, there shall be an Assistant Secretary
for Research and Technology within the Office of the Secretary,
appointed by the President with the advice and consent of the Senate, to
lead such office: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the Research and
Innovative Technology Administration shall be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$600,000,000, to remain available through September 30, 2016: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among such entities
on a competitive basis for projects that will have a significant impact
on the Nation, a metropolitan area, or a region: Provided further, That
projects eligible for funding provided under this heading shall include,
but not be limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments: Provided
further, That the Secretary may use up to 35 percent of the funds made
available under this heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit assistance
under chapter 6 of title 23, United States Code, if the Secretary finds
that such use of the funds would advance the purposes of this paragraph:
Provided further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban
[[Page 128 STAT. 575]]
and rural areas, and the investment in a variety of transportation
modes: Provided further, That a grant funded under this heading shall
be not less than $10,000,000 and not greater than $200,000,000:
Provided further, That not more than 25 percent of the funds made
available under this heading may be awarded to projects in a single
State: Provided further, That the Federal share of the costs for which
an expenditure is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the Secretary shall
give priority to projects that require a contribution of Federal funds
in order to complete an overall financing package: Provided further,
That not less than 20 percent of the funds provided under this heading
shall be for projects located in rural areas: Provided further, That
for projects located in rural areas, the minimum grant size shall be
$1,000,000 and the Secretary may increase the Federal share of costs
above 80 percent: Provided further, That of the amount made available
under this heading, the Secretary may use an amount not to exceed
$35,000,000 for the planning, preparation or design of projects eligible
for funding under this heading: Provided further, That grants awarded
under the previous proviso shall not be subject to a minimum grant size:
Provided further, That projects conducted using funds provided under
this heading must comply with the requirements of subchapter IV of
chapter 31 of title 40, United States Code: Provided further, That the
Secretary shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided further, That
the Secretary may retain up to $20,000,000 of the funds provided under
this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the
Federal Maritime Administration, to fund the award and oversight of
grants and credit assistance made under the National Infrastructure
Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $7,000,000, to remain available through September 30, 2015.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices, and
enhancement of cyber security workforce training tools, $4,455,000, to
remain available through September 30, 2015.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,551,000.
[[Page 128 STAT. 576]]
transportation planning, research, and development
(including rescissions)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $7,000,000: Provided, That
of the unobligated balances made available by Public Law 111-117,
$750,000 are hereby rescinded: Provided further, That of the
unobligated balances made available by section 195 of Public Law 111-
117, $2,000,000 are hereby rescinded.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $178,000,000 shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $333,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, $592,000.
minority business outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,088,000, to remain available until September 30, 2015:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $149,000,000, to be derived from the Airport
[[Page 128 STAT. 577]]
and Airway Trust Fund, to remain available until expended: Provided,
That in determining between or among carriers competing to provide
service to a community, the Secretary may consider the relative subsidy
requirements of the carriers: Provided further, That basic essential
air service minimum requirements shall not include the 15-passenger
capacity requirement under subsection 41732(b)(3) of title 49, United
States Code: Provided further, That none of the funds in this Act or
any other Act shall be used to enter into a new contract with a
community located less than 40 miles from the nearest small hub airport
before the Secretary has negotiated with the community over a local cost
share.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to the
reduction of motorcycle fatalities.
Sec. 103. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, That the Department shall include adequate safeguards in
the contract with the vendors to ensure timely and high-quality
performance under the contract.
Sec. 104. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit
Council to record the decisions and actions of each meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$9,651,422,000, of which $6,495,208,000 shall be derived from the
Airport and Airway Trust Fund, of which
[[Page 128 STAT. 578]]
not to exceed $7,311,790,000 shall be available for air traffic
organization activities; not to exceed $1,204,777,000 shall be available
for aviation safety activities; not to exceed $16,011,000 shall be
available for commercial space transportation activities; not to exceed
$762,462,000 shall be available for finance and management activities;
not to exceed $59,782,000 shall be available for NextGen and operations
planning activities; and not to exceed $296,600,000 shall be available
for staff offices: Provided, That not to exceed 2 percent of any budget
activity, except for aviation safety budget activity, may be transferred
to any budget activity under this heading: Provided further, That no
transfer may increase or decrease any appropriation by more than 2
percent: Provided further, That any transfer in excess of 2 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <<NOTE: 49 USC 44506 note.>> not later than March 31 of
each fiscal year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the report
submitted to Congress in December 2004 pursuant to section 221 of Public
Law 108-176: Provided further, That the amount herein appropriated
shall be reduced by $100,000 for each day after March 31 that such
report has not been submitted to the Congress: Provided further,
That <<NOTE: 49 USC 44502 note.>> not later than March 31 of each
fiscal year hereafter, the Administrator shall transmit to Congress a
companion report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein appropriated
shall be reduced by $100,000 per day for each day after March 31 that
such report has not been submitted to Congress: Provided further, That
funds may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds in this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation user fees
not specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $140,000,000 shall be for
the contract tower program, of which $10,350,000 is for the contract
tower cost share program: Provided further, That none of the funds in
this Act for aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working Capital
Fund.
[[Page 128 STAT. 579]]
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $2,600,000,000, of which $450,250,000 shall remain available
until September 30, 2014, and $2,149,750,000 shall remain available
until September 30, 2016: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That upon initial submission to the Congress
of the fiscal year 2015 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2015 through 2019,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
(including rescission)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$158,792,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2016: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That of the unobligated balances from prior year appropriations
available under this heading, $26,183,998 are rescinded.
[[Page 128 STAT. 580]]
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,200,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2014, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $106,600,000 shall be obligated for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $29,500,000 shall be
available for Airport Technology Research, and $5,000,000, to remain
available until expended, shall be available and transferred to ``Office
of the Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2014.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space
[[Page 128 STAT. 581]]
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from a large
certified air carrier (as defined in part 241 of title 14 Code of
Federal Regulations, or such other regulations as may be issued by the
Secretary under the authority of section 41709) an amount equal to the
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
determines that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the Secretary under
part 241 of title 14, Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 118. Subparagraph (D) of section 47124(b)(3) of title 49,
United States Code, is amended by striking ``benefit.'' and inserting
``benefit, with the maximum allowable local cost share capped at 20
percent.''.
Sec. 119. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number from any display
of the Federal Aviation Administration's Aircraft Situational Display to
Industry data that is made available to the public, except data made
available to a Government agency, for the noncommercial flights of that
owner or operator.
[[Page 128 STAT. 582]]
Sec. 119A. None of the funds in this Act shall be available for
salaries and expenses of more than 8 political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119B. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the FAA provides to the House and Senate Committees
on Appropriations the report related to aeronautical navigation products
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 119C. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119D. The Secretary shall (1) evaluate and adjust existing
helicopter routes above Los Angeles, and make adjustments to such routes
if the adjustments would lessen impacts on residential areas and noise-
sensitive landmarks; (2) analyze whether helicopters could safely fly at
higher altitudes in certain areas above Los Angeles County; (3) develop
and promote best practices for helicopter hovering and electronic news
gathering; (4) conduct outreach to helicopter pilots to inform them of
voluntary policies and to increase awareness of noise sensitive areas
and events; (5) work with local stakeholders to develop a more
comprehensive noise complaint system; and (6) continue to participate in
collaborative engagement between community representatives and
helicopter operators: Provided, That not later than one year after
enactment of this Act, the Secretary shall begin a regulatory process
related to the impact of helicopter use on the quality of life and
safety of the people of Los Angeles County unless the Secretary can
demonstrate significant progress in undertaking the actions required
under the previous proviso.
Sec. 119E. (a) Section 44302 of title 49, United States Code, is
amended in paragraph (f) by deleting ``the date specified in section
106(3) of the Continuing Appropriations Act, 2014'' and inserting
``September 30, 2014'' in lieu thereof.
(b) Section 44303 of title 49, United States Code, is amended in
paragraph (b) by deleting ``the date specified in section 106(3) of the
Continuing Appropriations Act, 2014'' and inserting ``September 30,
2014'' in lieu thereof.
(c) Section 44310 of title 49, United States Code, is amended in
paragraph (a) by deleting ``the date specified in section 106(3) of the
Continuing Appropriations Act, 2014'' and inserting ``September 30,
2014'' in lieu thereof.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $416,100,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed $3,248,000
shall be paid from appropriations made
[[Page 128 STAT. 583]]
available by this Act and transferred to the Appalachian Regional
Commission in accordance with section 104 of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds <<NOTE: 23 USC 104 note.>> available for the implementation
or execution of programs of Federal-aid highways and highway safety
construction programs authorized under titles 23 and 49, United States
Code, and the provisions of Public Law 112-141 shall not exceed total
obligations of $40,256,000,000 for fiscal year 2014: Provided, That the
Secretary may collect and spend fees, as authorized by title 23, United
States Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highways and highway safety construction programs authorized under title
23, United States Code, $40,995,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
administrative provisions--federal highway administration
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2014, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
[[Page 128 STAT. 584]]
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Moving Ahead for Progress in the 21st
Century Act and title 23, United States Code, or apportioned by
the Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
[[Page 128 STAT. 585]]
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2012, only in an amount equal
to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
fiscal years 2013 and 2014, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of the
Moving Ahead for Progress in the 21st Century Act) and 104 of
title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of the Moving Ahead for Progress in
the 21st Century Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
[[Page 128 STAT. 586]]
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid Highways account for the
purpose of reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for Federal-aid
Highways and highway safety construction programs.
Sec. 122. <<NOTE: 23 USC 313 note.>> Not less than 15 days prior to
waiving, under his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation shall make
an informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. (a) In General.--Except as provided in subsection (b),
none of the funds made available, limited, or otherwise affected by this
Act shall be used to approve or otherwise authorize the imposition of
any toll on any segment of highway located on the Federal-aid system in
the State of Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply to
any segment of highway on the Federal-aid system described in
that subsection that, as of the date on which a toll is imposed
on the segment, will have the same number of nontoll lanes as
were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a nontoll lane
for purposes of determining whether a highway will have fewer
nontoll lanes than prior to the date of imposition of the toll,
if--
(A) high-occupancy vehicles occupied by the number
of passengers specified by the entity operating the toll
lane may use the toll lane without paying a toll, unless
[[Page 128 STAT. 587]]
otherwise specified by the appropriate county, town,
municipal or other local government entity, or public
toll road or transit authority; or
(B) each high-occupancy vehicle lane that was
converted to a toll lane was constructed as a temporary
lane to be replaced by a toll lane under a plan approved
by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority.
Sec. 124. None of the funds in this Act to the Department of
Transportation may be used to provide credit assistance unless not less
than 3 days before any application approval to provide credit assistance
under sections 603 and 604 of title 23, United States Code, the
Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on Appropriations;
the Committee on Environment and Public Works and the Committee on
Banking, Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 125. Section 149(m) of title 23, United States Code, is
amended by striking ``that was previously eligible under this section''
and replacing with ``for which CMAQ funding was made available,
obligated or expended in fiscal year 2012, and shall have no imposed
time limitation''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, as amended by Public Law
112-141, $259,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $259,000,000 for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2014, of which $9,000,000, to remain
available for obligation until September 30, 2016, is for the research
and technology program, and of which $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out section 4134 of
Public Law 109-59, and of which $34,545,000, to remain available for
obligation until September 30, 2016, is for information management:
Provided further, That the Federal Motor Carrier Safety Administration
shall
[[Page 128 STAT. 588]]
transmit to Congress a report by March 28, 2014, on the agency's ability
to meet its requirement to conduct compliance reviews on mandatory
carriers.
national motor carrier safety
(limitation on obligations)
(highway trust fund)
Of the unobligated contract authority provided in the Transportation
Equity Act for the 21st Century (Public Law 105-178) or other
appropriation or authorization acts for the national motor carrier
safety program, $13,000,000 shall be made available for the
modernization and maintenance of border facilities and the total
limitation of these obligations shall not exceed $13,000,000.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, as amended by
Public Law 112-141, $313,000,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation or
execution of motor carrier safety programs shall not exceed total
obligations of $313,000,000 in fiscal year 2014 for ``Motor Carrier
Safety Grants''; of which $218,000,000 shall be available for the motor
carrier safety assistance program, $30,000,000 shall be available for
the commercial driver's license improvements program, $32,000,000 shall
be available for border enforcement grants, $5,000,000 shall be
available for the performance and registration information system
management program, $25,000,000 shall be available for the commercial
vehicle information systems and networks deployment program, and
$3,000,000 shall be available for the safety data improvement program:
Provided further, That, of the funds made available herein for the motor
carrier safety assistance program, $32,000,000 shall be available for
audits of new entrant motor carriers.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
[[Page 128 STAT. 589]]
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $134,000,000,
of which $20,000,000 shall remain available through September 30, 2015.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$123,500,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal year
2014, are in excess of $123,500,000, of which $118,500,000 shall be for
programs authorized under 23 U.S.C. 403 and $5,000,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $118,500,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2015, and shall be in addition to
the amount of any limitation imposed on obligations for future years:
Provided further, That $5,000,000 of the total obligation limitation for
operations and research in fiscal year 2014 shall be applied toward
unobligated balances of contract authority provided in prior Acts for
carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title
49, United States Code.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law 112-141, to
remain available until expended, $561,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal year
2014, are in excess of $561,500,000 for programs authorized under 23
U.S.C. 402 and 405, section 2009 of Public Law 109-59, as amended by
Public Law 112-141, and section 31101(a)(6) of Public Law
[[Page 128 STAT. 590]]
112-141, of which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $272,000,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,000,000 shall be for ``High
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59, as amended by Public Law 112-141; $25,500,000 shall be for
``Administrative Expenses'' under section 31101(a)(6) of Public Law 112-
141: Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23 U.S.C.
405 for ``Impaired Driving Countermeasures'' (as described in subsection
(d) of that section) shall be available for technical assistance to the
States: Provided further, That with respect to the ``Transfers''
provision under 23 U.S.C. 405(a)(1)(G), any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
previous proviso or under 23 U.S.C. 405(a)(1)(G) within 60 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $184,500,000, of which $12,400,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$35,250,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority to exist as long
[[Page 128 STAT. 591]]
as any such direct loan or loan guarantee is outstanding: Provided,
That, pursuant to section 502 of such Act, as amended, no new direct
loans or loan guarantee commitments shall be made using Federal funds
for the credit risk premium during fiscal year 2014.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, in amounts based on the
Secretary's assessment of the Corporation's seasonal cash flow
requirements, for the operation of intercity passenger rail, as
authorized by section 101 of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432),
$340,000,000, to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for the
Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the Corporation shall
transmit, in electronic format, to the Secretary and the House and
Senate Committees on Appropriations the annual budget, business plan,
the 5-Year Financial Plan for fiscal year 2014 required under section
204 of the Passenger Rail Investment and Improvement Act of 2008 and the
comprehensive fleet plan for all Amtrak rolling stock: Provided
further, That the budget, business plan and the 5-Year Financial Plan
shall include annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock consistent with
the comprehensive fleet plan: Provided further, That the Corporation
shall provide monthly performance reports in an electronic format which
shall describe the work completed to date, any changes to the business
plan, and the reasons for such changes as well as progress against the
milestones and target dates of the 2012 performance improvement plan:
Provided further, That the Corporation's budget, business plan, 5-Year
Financial Plan, semiannual reports, monthly reports, comprehensive fleet
plan and all supplemental reports or plans comply with requirements in
Public Law 112-55: Provided further, That none of the funds provided in
this Act may be used to support any route on which Amtrak offers a
discounted fare of more than 50 percent off the normal peak fare:
Provided further, That the preceding proviso does not apply to routes
where the operating loss as a result of the discount is covered by a
State and the State participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for capital investments as
authorized by section 101(c), 102, and 219(b) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $1,050,000,000, to remain available until expended, of which not
to exceed $199,000,000 shall be for debt service obligations as
authorized by section 102 of such Act:
[[Page 128 STAT. 592]]
Provided, That of the amounts made available under this heading, not
less than $50,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans with
Disabilities Act: Provided further, That after an initial distribution
of up to $200,000,000, which shall be used by the Corporation as a
working capital account, all remaining funds shall be provided to the
Corporation only on a reimbursable basis: Provided further, That of the
amounts made available under this heading, up to $40,000,000 may be used
by the Secretary to subsidize operating losses of the Corporation should
the funds provided under the heading ``Operating Grants to the National
Railroad Passenger Corporation'' be insufficient to meet operational
costs for fiscal year 2014: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds provided under this
heading to fund the costs of project management and oversight of
activities authorized by subsections 101(a) and 101(c) of division B of
Public Law 110-432: Provided further, That the Secretary shall approve
funding for capital expenditures, including advance purchase orders of
materials, for the Corporation only after receiving and reviewing a
grant request for each specific capital project justifying the Federal
support to the Secretary's satisfaction: Provided further, That except
as otherwise provided herein, none of the funds under this heading may
be used to subsidize operating losses of the Corporation: Provided
further, That none of the funds under this heading may be used for
capital projects not approved by the Secretary of Transportation or on
the Corporation's fiscal year 2014 business plan: Provided further,
That in addition to the project management oversight funds authorized
under section 101(d) of division B of Public Law 110-432, the Secretary
may retain up to an additional $5,000,000 of the funds provided under
this heading to fund expenses associated with implementing section 212
of division B of Public Law 110-432, including the amendments made by
section 212 to section 24905 of title 49, United States Code.
next generation high-speed rail
(rescission)
Of the funds made available for Next Generation High Speed Rail, as
authorized by sections 1103 and 7201 of Public Law 105-178, $1,973,000
are hereby permanently rescinded: Provided, That no amounts may be
cancelled from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
northeast corridor improvement program
(rescission)
Of the funds made available for the Northeast Corridor Improvement
Program, as authorized by Public Law 94-210, $4,419,000 are hereby
permanently rescinded: Provided, That no amounts may be cancelled from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 128 STAT. 593]]
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision of law,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation
in the event that the Corporation contracts to have services provided at
or from any location outside the United States. For purposes of this
section, the word ``services'' shall mean any service that was, as of
July 1, 2006, performed by a full-time or part-time Amtrak employee
whose base of employment is located within the United States.
Sec. 151. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as
a result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall
remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 152. Notwithstanding any other provision of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount to be determined by the Secretary.
Sec. 153. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the president of
Amtrak may waive the cap set in the previous proviso for specific
employees when the president of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That Amtrak shall notify the House and Senate Committees on
Appropriations each quarter of the calendar year on waivers granted to
employees and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted: Provided
further, That Amtrak shall provide to the House and Senate Committees on
Appropriations by March 17, 2014, a summary of all overtime payments
incurred by the Corporation for 2013 and the two prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments the
Corporation paid to those employees receiving waivers for each month for
2013 and for the two prior calendar years.
Sec. 154. Of the funds made available under Public Law 113-2 under
the heading ``Federal Railroad Administration, Grants to the National
Railroad Passenger Corporation'', the second proviso is amended by
deleting ``or any other Act''.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $105,933,000, of which not less than $4,000,000
[[Page 128 STAT. 594]]
shall be available to carry out the provisions of 49 U.S.C. 5329 and not
less than $1,000,000 shall be available to carry out the provisions of
49 U.S.C. 5326: Provided, That none of the funds provided or limited in
this Act may be used to create a permanent office of transit security
under this heading: Provided further, That upon submission to the
Congress of the fiscal year 2015 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on New
Starts, including proposed allocations for fiscal year 2015.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340,
as amended by Public Law 112-141; and section 20005(b) of Public Law
112-141, $9,500,000,000, to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 5318,
5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by Public
Law 112-141, and section 20005(b) of Public Law 112-141, shall not
exceed total obligations of $8,595,000,000 in fiscal year 2014.
transit research
For necessary expenses to carry out 49 U.S.C. 5312 and 5313,
$43,000,000, to remain available until expended: Provided, That
$40,000,000 shall be for activities authorized under 49 U.S.C. 5312 and
$3,000,000 shall be for activities authorized under 49 U.S.C. 5313.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314 and 5322(a), (b)
and (e), $5,000,000, to remain available until expended: Provided, That
$3,000,000 shall be for activities authorized under 49 U.S.C. 5314 and
$2,000,000 shall be for activities authorized under 49 U.S.C. 5322(a),
(b) and (e).
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309, $1,942,938,000,
to remain available until expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public
[[Page 128 STAT. 595]]
Law 110-432, $150,000,000, to remain available until expended:
Provided, That the Secretary shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a request for each
specific project: Provided further, That prior to approving such
grants, the Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on those
investments that will improve the safety of the system: Provided
further, That the Secretary, in order to ensure safety throughout the
rail system, may waive the requirements of section 601(e)(1) of title VI
of Public Law 110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the Federal Transit
Administration's discretionary program appropriations headings for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2018, and other recoveries,
shall be directed to projects eligible to use the funds for the purposes
for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2013, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. The Secretary may not enforce regulations related to
charter bus service under part 604 of title 49, Code of Federal
Regulations, for any transit agency who during fiscal year 2008 was both
initially granted a 60-day period to come into compliance with part 604,
and then was subsequently granted an exception from said part.
Sec. 164. For purposes of applying the project justification and
local financial commitment criteria of 49 U.S.C. 5309(d) to a New Starts
project, the Secretary may consider the costs and ridership of any
connected project in an instance in which private parties are making
significant financial contributions to the construction of the connected
project; additionally, the Secretary may consider the significant
financial contributions of private parties to the connected project in
calculating the non-Federal share of net capital project costs for the
New Starts project.
Sec. 165. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 60 percent.
Sec. 166. None of the funds in this Act may be available to advance
in any way a new fixed guideway capital project towards a full funding
grant agreement as defined by 49 U.S.C. 5309 for the Metropolitan
Transit Authority of Harris County, Texas if the
[[Page 128 STAT. 596]]
proposed capital project is constructed on or planned to be constructed
on Richmond Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
Sec. 167. Unobligated and recovered fiscal year 2010 through 2012
funds that were made available to carry out 49 U.S.C. 5339 shall be
available to carry out 49 U.S.C. 5309, as amended by Public Law 112-141,
subject to the terms and conditions required under such section.
Sec. 168. New bus rapid transit projects recommended in the
President's budget submission to the Congress of the United States for
funds appropriated under the heading ``capital investment grants'' in
this Act shall be funded from $93,269,369 in unobligated amounts that
were made available to carry out the discretionary bus and bus
facilities program under 49 U.S.C. 5309 in fiscal years 1999 through
2010: Provided, That all such projects shall remain subject to the
Capital Investment Grants Program requirements of 49 U.S.C. 5309 for New
Starts, Small Starts, or Core Capacity projects as applicable.
Sec. 169. Of the funds made available for the Formula Grants
program, as authorized by Public Law 97-424, as amended, $63,465,775 are
hereby permanently rescinded: Provided, That of the funds made
available for the Formula Grants program, as authorized by Public Law
91-453, as amended, $795,307 are hereby permanently rescinded: Provided
further, That of the funds made available for the Formula Grants program
as authorized by Public Law 95-599, as amended, $928,838 are hereby
permanently rescinded: Provided further, That of the funds made
available for the University Transportation Research program, as
authorized by Public Law 91-453, as amended, and by Public Law 102-240,
as amended, $595,619 are hereby permanently rescinded: Provided
further, That of the funds made available for the Job Access and Reverse
Commute program, as authorized by Public Law 105-178, as amended,
$15,704,469 are hereby permanently rescinded: Provided further, That of
the funds made available for the Capital Investment Grants program, as
authorized by Public Law 105-178, as amended, $11,429,055 are hereby
permanently rescinded: Provided further, That of the funds made
available for the Research, Training, and Human Resources program, as
authorized by Public Law 95-599, as amended, $419,474 are hereby
permanently rescinded: Provided further, That of the funds made
available for the Interstate Transfer Grants program, as authorized by
23 U.S.C. 103(e)(4), $2,687,207 are hereby permanently rescinded:
Provided further, That of the funds made available for the Washington
Metropolitan Area Transit Authority, as authorized by section 14 of
Public Law 96-184, as amended, and by Public Law 101-551, as amended,
$523,107 are hereby permanently rescinded: Provided further, That of
the funds made available for the Urban Discretionary Grants program, as
authorized by Public Law 88-365, as amended, $679,314 are hereby
permanently rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
[[Page 128 STAT. 597]]
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $31,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662, and of which
$15,150,000 shall remain available until September 30, 2016, for the
Asset Renewal Program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$186,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $148,003,000, of which $11,300,000 shall remain
available until expended for maintenance and repair of training ships at
State Maritime Academies, and of which $2,400,000 shall remain available
through September 30, 2015, for Student Incentive Program payments at
State Maritime Academies, and of which $16,000,000 shall remain
available until expended for facilities maintenance and repair,
equipment, and capital improvements at the United State Merchant Marine
Academy: Provided, That amounts apportioned for the United States
Merchant Marine Academy shall be available only upon allotments made
personally by the Secretary of Transportation or the Assistant Secretary
for Budget and Programs: Provided further, That the Superintendent,
Deputy Superintendent and the Director of the Office of Resource
Management of the United State Merchant Marine Academy may not be
allotment holders for the United States Merchant Marine Academy, and the
Administrator of the Maritime Administration shall hold all allotments
made by the Secretary of Transportation or the Assistant Secretary for
Budget and Programs under the previous proviso: Provided further, That
50 percent of the funding made available for the United States Merchant
Marine Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the Maritime
Administrator, completes a plan detailing by program or activity how
such funding will be expended at the Academy, and this plan is submitted
[[Page 128 STAT. 598]]
to the House and Senate Committees on Appropriations: Provided further,
That the Administrator shall submit a report to the House and Senate
Committees on Appropriations within 90 days of the date of enactment of
this Act detailing the current and future impacts of reductions in
government impelled cargo on the U.S. Merchant Marine as a result of
changes to cargo preference requirements included in the Bipartisan
Budget Act of 2013, the Moving Ahead for Progress in the 21st Century
Act (MAP-21), the historical reductions in the P.L. 480 title II Food
for Peace program, and the winding down of the wars in Iraq and
Afghanistan: Provided further, That the Secretary of Transportation and
the Administrator, in collaboration with the Department of Defense,
shall further develop a national sealift strategy that ensures the long-
term viability of the U.S. Merchant Marine.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$4,800,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $38,500,000, of
which $35,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That not to exceed $3,500,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in this Act
shall be used by the United States Department of Transportation or the
United States Maritime Administration to negotiate or otherwise execute,
enter into, facilitate or perform fee-for-service contracts for vessel
disposal, scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and scrap or
recycle a vessel owned, operated or managed by the Maritime
Administration or that is part of the National Defense Reserve Fleet.
Such sales offers must be consistent with the solicitation and provide
that the work will be performed in a timely manner at a facility
qualified within
[[Page 128 STAT. 599]]
the meaning of section 3502 of Public Law 106-398. Nothing contained
herein shall affect the Maritime Administration's authority to award
contracts at least cost to the Federal Government and consistent with
the requirements of 16 U.S.C. 5405(c), section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $21,654,000, of which $639,000 shall be
derived from the Pipeline Safety Fund: Provided, That $1,500,000 shall
be transferred to ``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under section 60130 of
title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$45,000,000, of which $2,300,000 shall remain available until September
30, 2016: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
(pipeline safety design review fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $119,087,000,
of which $18,573,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2016; and of which
$98,514,000 shall be derived from the Pipeline Safety Fund, of which
$54,436,000 shall remain available until September 30, 2016; and of
which $2,000,000, to remain available until expended, shall be derived
from the Pipeline Safety Design Review Fund, as authorized in 49 U.S.C.
60117(n): Provided, That not less than $1,058,000 of the funds provided
under this heading shall be for the One-Call state grant program.
[[Page 128 STAT. 600]]
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2015: Provided, That not more than $28,318,000
shall be made available for obligation in fiscal year 2014 from amounts
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other than
the Secretary of Transportation, or his designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $85,605,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading may be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso: Provided further,
That: (1) the Inspector General shall have the authority to audit and
investigate the Metropolitan Washington Airports Authority (MWAA); (2)
in carrying out these audits and investigations the Inspector General
shall have all the authorities described under section 6 of the
Inspector General Act (5 U.S.C. App.); (3) MWAA Board Members,
employees, contractors, and subcontractors shall cooperate and comply
with requests from the Inspector General, including providing testimony
and other information; (4) The Inspector General shall be permitted to
observe closed executive sessions of the MWAA Board of Directors; (5)
MWAA shall pay the expenses of the Inspector General, including staff
salaries and benefits and associated operating costs, which shall be
credited to this appropriation and remain available until expended; and
(6) if MWAA fails to make funds available to the Inspector General
within 30 days after a request for such funds is received, then the
Inspector General shall notify the Secretary of Transportation, who
shall not approve a grant for MWAA under section 47107(b) of title 49,
United States Code, until such funding is made available for the
Inspector General: Provided further, <<NOTE: 49 USC 354 note.>> That
hereafter funds transferred to the Office of the Inspector General
through forfeiture proceedings or from the Department of Justice Assets
Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a
participating agency, as an equitable share from the forfeiture of
property in investigations in which the Office of Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized
[[Page 128 STAT. 601]]
under the Inspector General Act of 1978, as amended, to remain available
until expended.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2014, to
result in a final appropriation from the general fund estimated at no
more than $29,750,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Technical Assistance and
Training'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary
[[Page 128 STAT. 602]]
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive a discretionary grant award, any
discretionary grant award, letter of intent, or full funding grant
agreement is announced by the department or its modal administrations
from:
(1) any discretionary grant program of the Federal Highway
Administration including the emergency relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act: Provided, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to the transfer
of any such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations
[[Page 128 STAT. 603]]
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
``improper payments'' has the same meaning as that
provided in section 2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming action
that requires notice to be provided to the House and Senate Committees
on Appropriations, transmission of said reprogramming notice shall be
provided solely to the Committees on Appropriations, and said
reprogramming action shall be approved or denied solely by the
Committees on Appropriations: Provided, That the Secretary may provide
notice to other congressional committees of the action of the Committees
on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
of the Department of Transportation to charge or collect any filing fee
for rate or practice complaints filed with the Board in an amount in
excess of the amount authorized for district court civil suit filing
fees under section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable modal administration or
administrations.
Sec. 191. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 192. The unobligated balances of funds made available for
section 1307(d)(1) of Public Law 109-59, as amended (23 U.S.C. 322 note;
119 Stat. 1217; 122 Stat. 1577), shall be made available to the
Secretary of Transportation to make grants for projects as defined in
section 24401(2)(A) of title 49, United States Code and to carry out
sections 20158 and 26101(b) of title 49, United States Code: Provided,
That the Secretary shall make available no less than $20,000,000 for
corridor planning improvement grants as described in section 26101(b) of
title 49, United States Code: Provided further, That such corridor
planning improvement grants shall be available for passenger rail
corridors that have not completed a tier 1 environmental impact
statement within the last 10 years: Provided further, That the
Secretary may retain a portion of the funds made available for planning
activities to facilitate the preparation of a service development plan
and related environmental impact statement for rail corridors located in
multiple States.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2014''.
[[Page 128 STAT. 604]]
TITLE II <<NOTE: Department of Housing and Urban Development
Appropriations Act, 2014.>>
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,500,000:
Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for administration, management
and operations of offices of the Department of Housing and Urban
Development, $506,000,000, of which not to exceed $47,900,000 shall be
available for the Office of the Chief Financial Officer; not to exceed
$94,000,000 shall be available for the Office of the General Counsel;
not to exceed $197,400,000 shall be available for the Office of
Administration; not to exceed $53,700,000 shall be available for the
Office of the Chief Human Capital Officer; not to exceed $53,000,000
shall be available for the Office of Field Policy and Management; not to
exceed $16,500,000 shall be available for the Office of the Chief
Procurement Officer; not to exceed $3,200,000 shall be available for the
Office of Departmental Equal Employment Opportunity; not to exceed
$4,300,000 shall be available for the Office of Strategic Planning and
Management; and not to exceed $36,000,000 shall be available for the
Office of the Chief Information Officer: Provided further, That funds
provided under this heading may be used for necessary administrative and
non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of uniforms,
or allowances therefore, as authorized by U.S.C. 5901-5902; hire of
passenger motor vehicles; and services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that support the housing mission area: Provided
further, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided further, That the Secretary
shall provide all signed reports required by Congress electronically.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $205,000,000.
[[Page 128 STAT. 605]]
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $102,000,000.
housing
For necessary salaries and expenses of the Office of Housing,
$381,500,000, of which at least $8,000,000 shall be for the Office of
Risk and Regulatory Affairs: Provided, That the Secretary shall ensure
that an administrator of the Office of Manufactured Housing has been
selected and begun such administration within 120 days of enactment of
this Act: Provided further, That the funds made available under this
heading shall be reduced by $50,000 for each day that the Department is
in violation of the previous proviso and any such funds shall be
rescinded.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $22,000,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $69,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $7,000,000.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,177,218,000, to remain available until
expended, shall be available on October 1, 2013 (in addition to the
$4,000,000,000 previously appropriated under this heading that became
available on October 1, 2013), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2014: Provided, That
the amounts made available under this heading are provided as follows:
(1) $17,365,527,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision of
law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2014 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary, by
notice published in the Federal Register, and by making
[[Page 128 STAT. 606]]
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and HOPE VI vouchers: Provided further, That
in determining calendar year 2014 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of
changes in targeting and utility allowances, on public housing
agencies' contract renewal needs: Provided further, That none
of the funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a public
housing agency's authorized level of units under contract,
except for public housing agencies participating in the Moving
to Work (MTW) demonstration, which are instead governed by the
terms and conditions of their MTW agreements: Provided further,
That the Secretary shall, to the extent necessary to stay within
the amount specified under this paragraph (except as otherwise
modified under this paragraph), pro rate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2014: Provided further, That the Secretary may extend
the notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2014 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD held programmatic
reserves (in accordance with VMS data in calendar year 2013 that
is verifiable and complete), as determined by the Secretary:
Provided further, That the Secretary shall use any offset
referred to in the previous proviso throughout the calendar year
to prevent the termination of rental assistance for families as
the result of insufficient funding, as determined by the
Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $75,000,000
shall be available only: (1) for adjustments in the allocations
for public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of
the Act; (3) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH) vouchers; and (4)
for public housing agencies that despite taking reasonable cost
savings measures, as determined by the Secretary, would
otherwise be required
[[Page 128 STAT. 607]]
to terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on need,
as determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section 8,
the family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That the Secretary may only provide replacement vouchers for
units that were occupied within the previous 24 months that
cease to be available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be available
to provide tenant protection assistance, not otherwise provided
under this paragraph, to residents residing in low vacancy areas
and who may have to pay rents greater than 30 percent of
household income, as the result of (1) the maturity of a HUD-
insured, HUD-held or section 202 loan that requires the
permission of the Secretary prior to loan prepayment; (2) the
expiration of a rental assistance contract for which the tenants
are not eligible for enhanced voucher or tenant protection
assistance under existing law; or (3) the expiration of
affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary: Provided
further, That such tenant protection assistance made available
under the previous proviso may be provided under the authority
of section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the previous
provisos, including, but not limited to, requirements for
defining eligible at-risk households within 120 days of the
enactment of this Act;
(3) $1,500,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$15,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive
[[Page 128 STAT. 608]]
Housing vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,485,000,000 of the
amount provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2014 funding cycle based
on section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject to
the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $106,691,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading;
(5) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 204 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the Department
of Veterans Affairs, public housing agency administrative
performance, and other factors as specified by the Secretary of
Housing and Urban Development in consultation with the Secretary
of the Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any provision
of any statute or regulation that the Secretary of Housing and
Urban Development administers in connection
[[Page 128 STAT. 609]]
with the use of funds made available under this paragraph
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over; and
(6) The Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2014 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $1,875,000,000, to remain available until September 30,
2017: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2014 the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided further,
That for purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a binding
agreement that will result in outlays, immediately or in the future:
Provided further, That up to $8,000,000 shall be to support ongoing
Public Housing Financial and Physical Assessment activities: Provided
further, That of the total amount provided under this heading, not to
exceed $20,000,000 shall be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing agencies for
emergency capital needs including safety and security measures necessary
to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable
[[Page 128 STAT. 610]]
emergencies and natural disasters excluding Presidentially declared
emergencies and natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal
year 2014: Provided further, That of the total amount provided under
this heading $45,000,000 shall be for supportive services, service
coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this heading, up
to $15,000,000 may be used for incentives as part of a Jobs-Plus Pilot
initiative modeled after the Jobs-Plus demonstration: Provided further,
That the funding provided under the previous proviso shall provide
competitive grants to partnerships between public housing authorities,
local workforce investment boards established under section 117 of the
Workforce Investment Act of 1998, and other agencies and organizations
that provide support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants must
demonstrate the ability to provide services to residents, partner with
workforce investment boards, and leverage service dollars: Provided
further, That the Secretary may set aside a portion of the funds
provided for the Resident Opportunity and Self-Sufficiency program to
support the services element of the Jobs-Plus Pilot initiative:
Provided further, That the Secretary may allow PHAs to request
exemptions from rent and income limitation requirements under sections 3
and 6 of the United States Housing Act of 1937 as necessary to implement
the Jobs-Plus program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective implementation
of the Jobs-Plus Pilot initiative as a voluntary program for residents:
Provided further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective date of
such notice: Provided further, That from the funds made available under
this heading, the Secretary shall provide bonus awards in fiscal year
2014 to public housing agencies that are designated high performers.
public housing operating fund
For 2014 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,400,000,000:
Provided, That in determining public housing agencies', including Moving
to Work agencies', calendar year 2014 funding allocations under this
heading, the Secretary shall take into account the impact of changes to
flat rents on public housing agencies' formula income levels.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable
[[Page 128 STAT. 611]]
mixed income neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $90,000,000, to remain
available until September 30, 2016: Provided, That grant funds may be
used for resident and community services, community development, and
affordable housing needs in the community, and for conversion of vacant
or foreclosed properties to affordable housing: Provided further, That
the use of funds made available under this heading shall not be deemed
to be public housing notwithstanding section 3(b)(1) of such Act:
Provided further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That grantees shall undertake comprehensive local
planning with input from residents and the community, and that grantees
shall provide a match in State, local, other Federal or private funds:
Provided further, That grantees may include local governments, tribal
entities, public housing authorities, and nonprofits: Provided further,
That for-profit developers may apply jointly with a public entity:
Provided further, That of the amount provided, not less than $55,000,000
shall be awarded to public housing authorities: Provided further, That
such grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That no
more than $5,000,000 of funds made available under this heading may be
provided to assist communities in developing comprehensive strategies
for implementing this program or implementing other revitalization
efforts in conjunction with community notice and input: Provided
further, That the Secretary shall develop and publish guidelines for the
use of such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000:
Provided, That the Secretary may, by Federal Register notice, waive or
specify alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the operation of a
unified self-sufficiency program for individuals receiving assistance
under different provisions of the Act, as determined by the Secretary.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$650,000,000, to remain available until September 30, 2018: Provided,
That, notwithstanding the Native American
[[Page 128 STAT. 612]]
Housing Assistance and Self-Determination Act of 1996, to determine the
amount of the allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race census data and with
the need component based on multi-race census data, and the amount of
the allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That of the amounts
made available under this heading, $3,000,000 shall be contracted for
assistance for national or regional organizations representing Native
American housing interests for providing training and technical
assistance to Indian housing authorities and tribally designated housing
entities as authorized under NAHASDA; and $2,000,000 shall be to support
the inspection of Indian housing units, contract expertise, training,
and technical assistance in the training, oversight, and management of
such Indian housing and tenant-based assistance, including up to
$300,000 for related travel: Provided further, That of the amount
provided under this heading, $2,000,000 shall be made available for the
cost of guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided further, That such costs, including the costs
of modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $16,530,000: Provided further, That
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to
remain available until expended: Provided, That of this amount,
$300,000 shall be for training and technical assistance activities,
including up to $100,000 for related travel by Hawaii-based employees of
the Department of Housing and Urban Development.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$6,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $1,818,000,000,
to remain available until expended: Provided further, That up to
$750,000 of this amount may be for administrative contract expenses
including management processes and systems to carry out the loan
guarantee program.
[[Page 128 STAT. 613]]
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b)
and for such costs for loans used for refinancing, $100,000, to remain
available until expended: Provided, That such costs, including the
costs of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, up to $18,868,000, to remain available until expended.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $330,000,000, to remain available until September 30,
2015, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2016: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(3) of
such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under each section, and if amounts
provided under this heading pursuant to such section are insufficient to
fund renewals for all such expiring contracts, then amounts made
available under this heading for formula grants pursuant to section
854(c)(1) shall be used to provide the balance of such renewal funding
before awarding funds for such formula grants: Provided further, That
the Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,100,000,000, to remain available until September 30,
2016, unless otherwise specified: Provided, That of the total amount
provided, $3,030,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives funds
under this heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for any other
funds, credits or non-Federal considerations, but must use such funds
for activities eligible under title I of the Act: Provided further,
That none of the funds made available under this heading may be used for
grants for the Economic Development Initiative
[[Page 128 STAT. 614]]
(``EDI'') or Neighborhood Initiatives activities, Rural Innovation Fund,
or for grants pursuant to section 107 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5307): Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That $70,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1) of such
Act, of which, notwithstanding any other provision of law (including
section 204 of this Act), up to $3,960,000 may be used for emergencies
that constitute imminent threats to health and safety: Provided
further, That of the amounts made available under the previous proviso,
$10,000,000 shall be for grants for mold remediation and prevention that
shall be awarded through one national competition to Native American
tribes with the greatest need.
empowerment zones/enterprise communities/renewal communities
(rescission)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading are hereby permanently rescinded.
community development loan guarantees program account
For the cost of guaranteed loans, $3,000,000, to remain available
until September 30, 2015, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That additionally, the Secretary may collect fees from
borrowers, notwithstanding subsection (m) of such section 108, and any
such fees shall be collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided further, That the funds
provided under this heading and any amounts from any such fees collected
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $150,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as amended.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,000,000,000, to remain available until September 30, 2016:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2 through 6 under
this heading for fiscal year 2012 and such requirements applicable
pursuant to the ``Full-Year Continuing Appropriations Act, 2013'', shall
not apply to any project to which funds were committed on or after
August 23, 2013, but such projects shall instead be governed by the
Final Rule titled
[[Page 128 STAT. 615]]
``Home Investment Partnerships Program; Improving Performance and
Accountability; Updating Property Standards'' which became effective on
such date: Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $50,000,000, to remain available until
September 30, 2016: Provided, That of the total amount provided under
this heading, $10,000,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That $35,000,000 shall be made available for the
second, third, and fourth capacity building activities authorized under
section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
of which not less than $5,000,000 shall be made available for rural
capacity-building activities: Provided further, That $5,000,000 shall
be made available for capacity building by national rural housing
organizations with experience assessing national rural conditions and
providing financing, training, technical assistance, information, and
research to local nonprofits, local governments and Indian Tribes
serving high need rural communities.
homeless assistance grants
(including transfer of funds)
For the emergency solutions grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the continuum of care program as authorized under subtitle C of
title IV of such Act; and the rural housing stability assistance program
as authorized under subtitle D of title IV of such Act, $2,105,000,000,
to remain available until September 30, 2016: Provided, That any rental
assistance amounts that are recaptured under such continuum of care
program shall remain available until expended: Provided further, That
not less than $250,000,000 of the funds appropriated under this heading
shall be available for such emergency solutions grants program:
Provided further, That not less than $1,815,000,000 of the funds
appropriated under this heading shall be available for such continuum of
care and rural housing stability assistance programs: Provided further,
That up to $6,000,000 of the funds appropriated under this heading shall
be available for the national homeless data analysis project: Provided
further, That all funds awarded for supportive services under the
continuum of care program and the rural housing stability assistance
program shall be matched by not less than 25 percent in cash or in kind
by each grantee: Provided further, That for all match requirements
applicable to funds made available under this heading for this fiscal
year and prior years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
the Secretary may renew on an annual basis expiring contracts or
amendments to contracts
[[Page 128 STAT. 616]]
funded under the continuum of care program if the program is determined
to be needed under the applicable continuum of care and meets
appropriate program requirements, performance measures, and financial
standards, as determined by the Secretary: Provided further, That all
awards of assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance Program,
Temporary Assistance for Needy Families, Food Stamps, and services
funding through the Mental Health and Substance Abuse Block Grant,
Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if recaptured, for
continuum of care renewals in fiscal year 2014: Provided further, That
with respect to funds provided under this heading for the continuum of
care program for fiscal years 2012, 2013, and 2014, provision of
permanent housing rental assistance may be administered by private
nonprofit organizations: Provided further, That not later than 180 days
after awarding fiscal year 2013 funds described in the previous proviso
to private nonprofit organizations, the Secretary of Housing and Urban
Development shall submit to the House and Senate Committees on
Appropriations, the House Committee on Financial Services, and the
Senate Committee on Banking, Housing, and Urban Affairs a report that
includes a review of the history of and need for the authority provided
in the previous proviso, the number and geographic distribution of
persons assisted under such actions, an analysis of the effectiveness,
advantages, and disadvantages of the authority under the previous
proviso and such other information as may be necessary to assess the
ongoing need for such authority: Provided further, That the Department
shall notify grantees of their formula allocation from amounts allocated
(which may represent initial or final amounts allocated) for the
emergency solutions grant program within 60 days of enactment of this
Act.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for, $9,516,628,000,
to remain available until expended, shall be available on October 1,
2013 (in addition to the $400,000,000 previously appropriated under this
heading that became available October 1, 2013), and $400,000,000, to
remain available until expended, shall be available on October 1, 2014:
Provided, That the amounts made available under this heading shall be
available for expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
[[Page 128 STAT. 617]]
the Emergency Low Income Housing Preservation Act of 1987 or the Low-
Income Housing Preservation and Resident Homeownership Act of 1990, and
for administrative and other expenses associated with project-based
activities and assistance funded under this paragraph: Provided
further, That of the total amounts provided under this heading, not to
exceed $265,000,000 shall be available for assistance agreements with
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That
the Secretary of Housing and Urban Development may also use such amounts
in the previous proviso for performance-based contract administrators
for the administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans
under section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667): Provided further, That amounts recaptured under this
heading, the heading ``Annual Contributions for Assisted Housing'', or
the heading ``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That, notwithstanding any
other provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD to require that surplus
project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited in this
account, to be available until expended: Provided further, That amounts
deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for uses
authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for senior preservation rental assistance
contracts, as authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for supportive
services associated with the housing, $383,500,000 to remain available
until September 30, 2017: Provided, That of the amount provided under
this heading, up to $72,000,000 shall be for service coordinators and
the continuation
[[Page 128 STAT. 618]]
of existing congregate service grants for residents of assisted housing
projects: Provided further, That amounts under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon the request of the
Secretary of Housing and Urban Development, project funds that are held
in residual receipts accounts for any project subject to a section 202
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to be
available until September 30, 2017: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading and, together with such
funds, may be used by the Secretary for demonstration programs to test
housing with services models for the elderly that demonstrate the
potential to delay or avoid the need for nursing home care: Provided
further, That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this heading
may be used for the current purposes authorized under this heading,
notwithstanding the purposes for which such funds were originally
appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project
assistance contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental assistance to
State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1) of such
Act, $126,000,000 to remain available until September 30, 2017:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the Secretary of
Housing and Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and that upon termination of such contract
are in excess of an amount to be determined by the Secretary shall be
remitted to the Department and deposited in this account, to be
available until September 30, 2017: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided
[[Page 128 STAT. 619]]
by this heading for the purposes authorized under this heading:
Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under
this heading may be used for the current purposes authorized under this
heading notwithstanding the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $45,000,000, including up to $4,500,000 for
administrative contract services: Provided, That grants made available
from amounts provided under this heading shall be awarded within 120
days of enactment of this Act: Provided further, That funds shall be
used for providing counseling and advice to tenants and homeowners, both
current and prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their
financial needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing counselor
training.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured
rental housing projects, $21,000,000, to remain available until
expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining from
funds appropriated under this heading after fiscal year 2005, shall also
be available for extensions of up to one year for expiring contracts
under such sections of law.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$3,500,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $7,530,000, to remain available until
[[Page 128 STAT. 620]]
expended, of which $6,530,000 is to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the total amount
appropriated under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2014 so as to result in
a final fiscal year 2014 appropriation from the general fund estimated
at not more than $1,000,000 and fees pursuant to such section 620 shall
be modified as necessary to ensure such a final fiscal year 2014
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as well as fees
collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2015: Provided, That during fiscal
year 2014, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$20,000,000: Provided further, That the foregoing amount in the
previous proviso shall be for loans to nonprofit and governmental
entities in connection with sales of single family real properties owned
by the Secretary and formerly insured under the Mutual Mortgage
Insurance Fund. For administrative contract expenses of the Federal
Housing Administration, $127,000,000, to remain available until
September 30, 2015: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2014, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2015: Provided,
That during fiscal year 2014, gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing
[[Page 128 STAT. 621]]
Act, shall not exceed $20,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of single family
real properties owned by the Secretary and formerly insured under such
Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $500,000,000,000, to remain available until September
30, 2015: Provided, That $19,500,000 shall be available for necessary
salaries and expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that guaranteed loan
commitments will and do exceed $155,000,000,000 on or before April 1,
2014, an additional $100 for necessary salaries and expenses shall be
available until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $3,000,000: Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the National Housing
Act, as amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $46,000,000, to remain available until September 30, 2015:
Provided, That with respect to amounts made available under this
heading, notwithstanding section 204 of this title, the Secretary may
enter into cooperative agreements funded with philanthropic entities,
other Federal agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect to the
previous proviso, such partners to the cooperative agreements must
contribute at least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered into in
accordance with the previous two provisos, the Secretary of Housing and
Urban Development shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282, 31
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions.
[[Page 128 STAT. 622]]
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$66,000,000, to remain available until September 30, 2015, of which
$40,100,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training: Provided
further, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan: Provided
further, That of the funds made available under this heading, $300,000
shall be available to the Secretary of Housing and Urban Development for
the creation and promotion of translated materials and other programs
that support the assistance of persons with limited English proficiency
in utilizing the services provided by the Department of Housing and
Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$110,000,000, to remain available until September 30, 2015: Provided,
That up to $15,000,000 of that amount shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and
hazards: Provided further, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of the law that further the purposes
of such Act, a grant under the Healthy Homes Initiative, or the Lead
Technical Studies program under this heading or under prior
appropriations Acts for such purposes under this heading, shall be
considered to be funds for a special project for purposes of section
305(c) of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made available under
this heading, $45,000,000 shall be made available on a competitive basis
for areas with the highest lead paint abatement needs: Provided
further, That each recipient of funds provided under the third proviso
shall make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in this or prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition
[[Page 128 STAT. 623]]
is undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems, for
the continuing operation and maintenance of both Department-wide and
program-specific information systems, and for program-related
maintenance activities, $250,000,000, of which $205,000,000 shall remain
available until September 30, 2015, and of which $45,000,000 shall
remain available until September 30, 2016 for Development, Modernization
and Enhancement: Provided, That any amounts transferred to this Fund
under this Act shall remain available until expended: Provided further,
That any amounts transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the purposes
specified under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated: Provided
further, That not more than 25 percent of the funds made available under
this heading for Development, Modernization and Enhancement, including
development and deployment of a Next Generation Management System and
development and deployment of modernized Federal Housing Administration
systems may be obligated until the Secretary submits to the Committees
on Appropriations and the Comptroller General of the United States a
plan for expenditure that--(A) provides for all information technology
investments: (i) the cost and schedule baselines with explanations for
each associated variance, (ii) the status of functional and performance
capabilities delivered or planned to be delivered, and (iii) mitigation
strategies to address identified risks; (B) outlines activities to
ensure strategic, consistent, and effective application of information
technology management controls: (i) enterprise architecture, (ii)
project management, (iii) investment management, and (iv) human capital
management.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$125,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
Transformation Initiative
For necessary expenses of research, evaluation, and program metrics
activities; program demonstrations; and technical assistance and
capacity building, $40,000,000 to remain available until September 30,
2016: Provided, That prior to obligation of technical assistance and
capacity building funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how it
will allocate funding for this activity: Provided further, That with
respect to amounts made available under this heading for research,
evaluation and program metrics or program demonstrations,
notwithstanding section 204 of this title, the Secretary may enter into
cooperative agreements funded with philanthropic entities, other Federal
agencies, or State or
[[Page 128 STAT. 624]]
local governments and their agencies for such projects: Provided
further, That with respect to the previous proviso, such partners to the
cooperative agreements must contribute at least a 50 percent match
toward the cost of the project.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2014 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Sections 203 and 209 of division C of Public Law 112-55
(125 Stat. 693-694) shall apply during fiscal year 2014 as if such
sections were included in this title, except that during such fiscal
year such sections shall be applied by substituting ``fiscal year 2014''
for ``fiscal year 2011'' and ``fiscal year 2012'' each place such terms
appear.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the
[[Page 128 STAT. 625]]
Department of Housing and Urban Development shall be available for any
program, project or activity in excess of amounts set forth in the
budget estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2014 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 208. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 209. The President's formal budget request for fiscal year
2015, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate, shall use
the identical account and sub-account structure provided under this Act.
Sec. 210. Paragraph (2)(B)(i) of section 3(a) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended--
(1) in the matter preceding subclause (I)--
(A) by striking ``Except as otherwise provided under
this clause, each'' and inserting ``Each''; and
(B) by inserting after ``which shall'' the
following: ``not be lower than 80 percent of the
applicable fair market rental established under section
8(c) of this Act and which shall''; and
(2) by striking the undesignated matter following subclause
(II) and inserting the following: ``Public housing agencies must
comply by June 1, 2014, with the requirement of this clause,
except that if a new flat rental amount for a dwelling unit will
increase a family's existing rental payment by more than 35
percent, the new flat rental amount shall be phased in as
necessary to ensure that the family's existing rental payment
does not increase by more than 35 percent annually. The
preceding sentence shall not be construed to require
establishment of rental amounts equal to 80 percent of the fair
market rental in years when the fair market rental falls from
the prior year.''.
Sec. 211. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident
[[Page 128 STAT. 626]]
of public housing or a recipient of assistance provided under section 8
of the United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California and the
States of Alaska, Iowa and Mississippi that chooses not to include a
resident of public housing or a recipient of section 8 assistance on the
board of directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the
public housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 212. Subparagraph (A) of section 3(b)(6) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(A)) is amended by inserting
before the period at the end the following: ``, or a consortium of such
entities or bodies as approved by the Secretary''.
Sec. 213. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 214. (a) Notwithstanding any other provision of law, subject to
the conditions listed under this section, for fiscal years 2014 and
2015, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-income
use restrictions if any, associated with one or more multifamily housing
project or projects to another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
the number of low-income and very low-income units and
the configuration (i.e. bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: the Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom sizes
to meet current market demands, as determined by the
Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
[[Page 128 STAT. 627]]
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended)
of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
[[Page 128 STAT. 628]]
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing
Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required low-
income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than 30
days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect of
such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
Sec. 215. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
[[Page 128 STAT. 629]]
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 216. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this Act
shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 217. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2014, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 218. Notwithstanding any other provision of law, in fiscal
year 2014, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA'') and (2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and informed
consent of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition of any
multifamily property described under this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 219. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of
[[Page 128 STAT. 630]]
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance with the
unnumbered paragraph at the end of section 202(b) of such Act, may, at
its option, establish a single-asset nonprofit entity to own the project
and may lend the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 220. (a) Inspections.--Section 8(o)(8) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (G);
and
(2) by striking subparagraph (D) and inserting the following
new subparagraphs:
``(D) Biennial inspections.--
``(i) Requirement.--Each public housing agency
providing assistance under this subsection (or
other entity, as provided in paragraph (11))
shall, for each assisted dwelling unit, make
inspections not less often than biennially during
the term of the housing assistance payments
contract for the unit to determine whether the
unit is maintained in accordance with the
requirements under subparagraph (A).
``(ii) Use of alternative inspection method.--
The requirements under clause (i) may be complied
with by use of inspections that qualify as an
alternative inspection method pursuant to
subparagraph (E).
``(iii) Records.--The public housing agency
(or other entity) shall retain the records of the
inspection for a reasonable time, as determined by
the Secretary, and shall make the records
available upon request to the Secretary, the
Inspector General for the Department of Housing
and Urban Development, and any auditor conducting
an audit under section 5(h).
``(iv) Mixed-finance properties.--The
Secretary may adjust the frequency of inspections
for mixed-finance properties assisted with
vouchers under paragraph (13) to facilitate the
use of the alternative inspections in subparagraph
(E).
``(E) Alternative inspection method.--An inspection
of a property shall qualify as an alternative inspection
method for purposes of this subparagraph if--
``(i) the inspection was conducted pursuant to
requirements under a Federal, State, or local
housing program (including the Home investment
partnership program under title II of the
Cranston-Gonzalez National Affordable Housing Act
and the low-income housing tax credit program
under section 42 of the Internal Revenue Code of
1986); and
``(ii) pursuant to such inspection, the
property was determined to meet the standards or
requirements regarding housing quality or safety
applicable to properties assisted under such
program, and, if a non-Federal standard or
requirement was used, the public housing agency
has certified to the Secretary that such standard
or requirement provides the same (or greater)
protection to occupants of dwelling units meeting
such
[[Page 128 STAT. 631]]
standard or requirement as would the housing
quality standards under subparagraph (B).
``(F) Interim inspections.--Upon notification to the
public housing agency, by a family (on whose behalf
tenant-based rental assistance is provided under this
subsection) or by a government official, that the
dwelling unit for which such assistance is provided does
not comply with the housing quality standards under
subparagraph (B), the public housing agency shall
inspect the dwelling unit--
``(i) in the case of any condition that is
life-threatening, within 24 hours after the
agency's receipt of such notification, unless
waived by the Secretary in extraordinary
circumstances; and
``(ii) in the case of any condition that is
not life-threatening, within a reasonable time
frame, as determined by the Secretary.''.
(b) <<NOTE: 42 USC 1437f note.>> Effective Date.--The amendments in
subsection (a) shall take effect upon such date as the Secretary
determines, in the Secretary's sole discretion, through the Secretary's
publication of such date in the Federal Register, as part of regulations
promulgated, or a notice issued, by the Secretary to implement such
amendments.
Sec. 221. The commitment authority provided under the heading
``Community Development Loan Guarantees Program Account'' may be used to
guarantee, or make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of the Housing
and Community Development Act of 1974: Provided, That any State
receiving such a guarantee or commitment shall distribute all funds
subject to such guarantee to the units of general local government in
non-entitlement areas that received the commitment.
Sec. 222. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 223. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may
not use capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 224. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such allotment
holder has implemented an adequate system
[[Page 128 STAT. 632]]
of funds control and has received training in funds control procedures
and directives. The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the accounts
``Executive Offices'' and ``Administrative Support Offices,'' as well as
each account receiving appropriations for ``Program Office Salaries and
Expenses'' within the Department of Housing and Urban Development.
Sec. 225. <<NOTE: 42 USC 1437f-1.>> The Secretary of Housing and
Urban Development shall report annually to the House and Senate
Committees on Appropriations on the status of all section 8 project-
based housing, including the number of all project-based units by region
as well as an analysis of all federally subsidized housing being
refinanced under the Mark-to-Market program. The Secretary shall in the
report identify all existing units maintained by region as section 8
project-based units and all project-based units that have opted out of
section 8 or have otherwise been eliminated as section 8 project-based
units. The Secretary shall identify in detail and by project all the
efforts made by the Department to preserve all section 8 project-based
housing units and all the reasons for any units which opted out or
otherwise were lost as section 8 project-based units. Such analysis
shall include a review of the impact of the loss of any subsidized units
in that housing marketplace, such as the impact of cost and the loss of
available subsidized, low-income housing in areas with scarce housing
resources for low-income families.
Sec. 226. <<NOTE: 42 USC 3545a.>> The Secretary of the Department
of Housing and Urban Development shall, for fiscal year 2014 and
subsequent fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by the
Secretary that is to be competitively awarded. Notwithstanding any other
provision of law, for fiscal year 2014 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government Web site or through other electronic media, as
determined by the Secretary.
Sec. 227. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and Urban
Development is authorized to transfer up to 5 percent or $5,000,000,
whichever is less, of the funds appropriated for any office funded under
the heading ``Administrative Support Offices'' to any other office
funded under such heading: Provided, That no appropriation for any
office funded under the heading ``Administrative Support Offices'' shall
be increased or decreased by more than 5 percent or $5,000,000,
whichever is less, without prior written approval of the House and
Senate Committees on Appropriations: Provided further, That the
Secretary is authorized to transfer up to 5 percent or $5,000,000,
whichever is less, of the funds appropriated for any account funded
under the general heading ``Program Office Salaries and Expenses'' to
any other account funded under such heading: Provided further, That no
appropriation for any account funded under the general heading ``Program
Office
[[Page 128 STAT. 633]]
Salaries and Expenses'' shall be increased or decreased by more than 5
percent or $5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations: Provided further,
That the Secretary may transfer funds made available for salaries and
expenses between any office funded under the heading ``Administrative
Support Offices'' and any account funded under the general heading
``Program Office Salaries and Expenses'', but only with the prior
written approval of the House and Senate Committees on Appropriations.
Sec. 229. The Disaster Housing Assistance Programs, administered by
the Department of Housing and Urban Development, shall be considered a
``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
Sec. 230. (a) The Secretary of Housing and Urban Development shall
take the required actions under subsection (b) when a multifamily
housing project with a section 8 contract or contract for similar
project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score of
30 or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60
days that all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on
REAC inspections.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the united States
housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions as
authorized under subsection (a)--
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations
remain, the Secretary shall develop a Compliance, Disposition
and Enforcement Plan within 60 days, with a specified timetable
for correcting all deficiencies. The Secretary shall provide
notice of the Plan to the owner, tenants, the local government,
any mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance, Disposition
and Enforcement Plan, if the owner fails to fully comply with
such plan, the Secretary may require immediate replacement of
project management with a management agent approved by the
Secretary, and shall take one or more of the following actions,
and provide additional notice of those actions to the owner and
the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner,
approved by the Secretary under established procedures,
which will be obligated to promptly make all required
repairs and to accept renewal of the assistance contract
as long as such renewal is offered; or
[[Page 128 STAT. 634]]
(D) seek judicial appointment of a receiver to
manage the property and cure all project deficiencies or
seek a judicial order of specific performance requiring
the owner to cure all project deficiencies.
(c) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other remedies set
forth above. To the extent the Secretary determines, in consultation
with the tenants and the local government, that the property is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA'') and (2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall report semi-
annually on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have physical inspection
scores of less than 30 or have consecutive physical inspection scores of
less than 60. The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 231. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, for the chief executive
officer of which, or any other official or employee of which, that
exceeds the annual rate of basic pay payable for a position at level IV
of the Executive Schedule at any time during any public housing agency
fiscal year 2014.
Sec. 232. Title II of division K of Public Law 110-161 <<NOTE: 12
USC 1751z-1 note.>> is amended by striking the item related to
``Flexible Subsidy Fund''.
Sec. 233. Paragraph (1) of section 242(i) of the National Housing
Act (12 U.S.C. 1715z-7(i)(1)) is amended by striking ``July 31, 2011''
and inserting ``July 31, 2016''.
Sec. 234. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2014.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2014.''.
Sec. 235. Of the amounts made available for salaries and expenses
under all accounts under this title (except for the Office
[[Page 128 STAT. 635]]
of Inspector General account), a total of up to $5,000,000 may be
transferred to and merged with amounts made available in the
``Information Technology Fund'' account under this title.
Sec. 236. The proviso under the ``Community Development Fund''
heading in Public Laws 109-148, 109-234, 110-252, and 110-329 <<NOTE: 42
USC 5313a.>> which requires the Secretary to establish procedures to
prevent duplication of benefits and to report to the Committees on
Appropriations on all steps to prevent fraud and abuse is amended by
striking ``quarterly'' and inserting ``annually''.
Sec. 237. None of the funds in this Act may be available for the
doctoral dissertation research grant program at the Department of
Housing and Urban Development.
Sec. 238. (a) Section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a) is amended--
(1) in paragraph (2), by designating the first sentence as
subparagraph (A), the second sentence as subparagraph (B), and
the remaining sentences as subparagraph (D), and by inserting
after subparagraph (B) the following new subparagraph (C):
``(C) The term extremely low-income families means
very low-income families whose incomes do not exceed the
higher of--
``(i) the poverty guidelines updated
periodically by the Department of Health and Human
Services under the authority of section 673(2) of
the Community Services Block Grant Act applicable
to a family of the size involved (except that this
clause shall not apply in the case of public
housing agencies or projects located in Puerto
Rico or any other territory or possession of the
United States); or
``(ii) 30 percent of the median family income
for the area, as determined by the Secretary, with
adjustments for smaller and larger families
(except that the Secretary may establish income
ceilings higher or lower than 30 percent of the
median for the area on the basis of the
Secretary's findings that such variations are
necessary because of unusually high or low family
incomes).''; and
(b) Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended--
(1) in subsection (a)(2)(A);
(2) in subsection (b)(1); and
(3) in subsection (c)(3), by striking ``families whose
incomes'' and all that follows through ``low family incomes''
and inserting ``extremely low-income families''.
Sec. 239. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55) is amended in the
penultimate proviso by striking ``and 2013,'' and inserting ``through
December 31, 2014''.
Sec. 240. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
[[Page 128 STAT. 636]]
Sec. 241. Section 202(f)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(f)(2)) is amended--
(a) in paragraph (A)--
(1) by striking the matter before clause (i) and inserting
the following: ``The Secretary shall establish procedures to
delegate the award, review and processing of projects, selected
by the Secretary in a national competition, to a State or local
housing agency that--''; and
(2) in clause (iii), by striking ``capital advance'' and
inserting ``funding'', and by replacing the comma with a semi-
colon;
(b) in subparagraph (B), by striking ``capital advances'' and
inserting ``funding under this section'';
(c) in subparagraph (C), by striking the first sentence;
(d) by redesignating subparagraph (D) as subparagraph (E), and in
the redesignated subparagraph (E)--
(1) by striking ``a capital advance'' and inserting
``funding under this section''; and
(2) by striking ``capital advance amounts or project rental
assistance'' and inserting ``funding under this section''; and
(e) by inserting the following new subparagraph after subparagraph
(C):
``(D) Assistance under subsection (c)(2) may be
provided for projects which identify in the application
for assistance a defined health and other supportive
services program including sources of financing the
services for eligible residents and memoranda of
understanding with service provision agencies and
organizations to provide such services for eligible
residents at their request. Such supportive services
plan and memoranda of understating shall--
``(i) identify the target populations to be
served by the project;
``(ii) set forth methods for outreach and
referral;
``(iii) identify the health and other
supportive services to be provided; and
``(iv) identify the terms under which such
services will be made available to residents of
the project.''.
Sec. 242. Section 8(o)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(2)), is amended by adding at the end the following
new subparagraph:
``(D) Utility allowance.--
``(i) General.--In determining the monthly
assistance payment for a family under
subparagraphs (A) and (B), the amount allowed for
tenant-paid utilities shall not exceed the
appropriate utility allowance for the family unit
size as determined by the public housing agency
regardless of the size of the dwelling unit leased
by the family.
``(ii) Exception for families in including
persons with disabilities.--Notwithstanding
subparagraph (A), upon request by a family that
includes a person with disabilities, the public
housing agency shall approve a utility allowance
that is higher than the applicable amount on the
utility allowance schedule if a higher utility
allowance is needed as a reasonable accommodation
to make the program accessible to and usable by
the family member with a disability.''.
[[Page 128 STAT. 637]]
Sec. 243. <<NOTE: 42 USC 1437a note.>> The Secretary shall
establish by notice such requirements as may be necessary to implement
sections 210, 212, 220, 238, and 242 under this title and the notice
shall take effect upon issuance: Provided, That the Secretary shall
commence rulemaking based on the initial notice no later than the
expiration of the 6-month period following issuance of the notice and
the rulemaking shall allow for the opportunity for public comment.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2014''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $7,448,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $24,669,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,499,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out
[[Page 128 STAT. 638]]
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within Amtrak: Provided
further, That concurrent with the President's budget request for fiscal
year 2015, the Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year 2015 in
similar format and substance to those submitted by executive agencies of
the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$103,027,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $136,600,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That in addition, $67,500,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC'')
shall make grants to counseling intermediaries approved by the
Department of Housing and Urban Development (HUD) (with match to
be determined by the NRC based on affordability and the economic
conditions of an area; a match also may be waived by the NRC
based on the aforementioned conditions) to provide mortgage
foreclosure mitigation assistance primarily to States and areas
with high rates of defaults and foreclosures to help eliminate
the default and foreclosure of mortgages of owner-occupied
single-family homes that are at risk of such foreclosure. Other
than areas with high rates of defaults and foreclosures, grants
may also be provided to approved counseling intermediaries based
on a geographic analysis of the Nation by the NRC which
determines where there is a prevalence of mortgages that are
risky and likely to fail, including any trends for mortgages
that are likely to default and face foreclosure. A State Housing
Finance Agency may also be eligible where the State Housing
Finance Agency meets all the requirements under this paragraph.
A HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined
[[Page 128 STAT. 639]]
by the NRC, and shall be approved by HUD or the NRC as meeting
these requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and homeowners
will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result in
the long-term affordability of the mortgage retained pursuant to
such activity or another positive outcome for the homeowner. No
funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction
payments.
(3) The use of mortgage foreclosure mitigation assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding
the assumption of the mortgage by another non-Federal party,
counseling regarding the possible purchase of the mortgage by a
non-Federal third party, counseling and advice of all likely
restructuring and refinancing strategies or the approval of a
work-out strategy by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with expertise
in foreclosure prevention counseling, subject to a certification
by the NRC that the procedures for selection do not consist of
any procedures or activities that could be construed as an
unacceptable conflict of interest or have the appearance of
impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency
and foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and positive
outcomes with documented counseling plans (including post
mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved areas.
(6) Of the total amount made available under this paragraph,
up to $3,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except
that private financial institutions that participate in NRC
training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph,
up to 5 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as
[[Page 128 STAT. 640]]
the Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,500,000.
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319)
is amended by striking ``October 1, 2015'' in section 209 and inserting
``October 1, 2016''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain
[[Page 128 STAT. 641]]
available for obligation or expenditure in fiscal year 2014, or provided
from any accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include:
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and activity
as detailed in the budget appendix for the respective
appropriation; and
(C) an identification of items of special
congressional interest: Provided further, That the
amount appropriated or limited for salaries and expenses
for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not
been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2014 from appropriations made available for salaries and
expenses for fiscal year 2014 in this Act, shall remain available
through September 30, 2015, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405 of
this Act.
[[Page 128 STAT. 642]]
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees
on Appropriations on all sole-source contracts by no later than July 30,
2014. Such report shall include the contractor, the amount of the
contract and the rationale for using a sole-source contract.
Sec. 409. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 410. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and has
within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more than
1 year, made application for restoration to his or her former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his or her former position and has
not been restored thereto.
Sec. 411. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 412. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 413. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 414. None of the funds made available under this Act or any
prior Act may be provided to the Association of Community Organizations
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or
allied organizations.
[[Page 128 STAT. 643]]
Sec. 415. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 416. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to,
any corporation with any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 417. It is the sense of the Congress that the Congress should
not pass any legislation that authorizes spending cuts that would
increase poverty in the United States.
Sec. 418. All agencies and departments funded by the Act shall send
to Congress at the end of the fiscal year a report containing a complete
inventory of the total number of vehicles owned, leased, permanently
retired, and purchased during fiscal year 2014, as well as the total
cost of the vehicle fleet, including maintenance, fuel, storage,
purchasing, and leasing.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2014''.
Approved January 17, 2014.
LEGISLATIVE HISTORY--H.R. 3547:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 159 (2013):
Dec. 2, considered and passed House.
Dec. 12, considered and passed
Senate, amended.
Vol. 160 (2014):
Jan. 15, House concurred in certain
Senate amendment and in another
with an amendment. Senate
considered concurring in House
amendment.
Jan. 16, Senate concurred in House
amendment.
<all>