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JANUARY 13, 2014
RULES COMMITTEE PRINT 113-32
HOUSE AMENDMENT
AMENDMENT
TO THE
TO THE
TEXT
OF
SENATE
H.R. 3547
[Showing the text of the Consolidated Appropriations Act,
2014]
1
SECTION 1. SHORT TITLE.
2
This Act may be cited as the ‘‘Consolidated Appro-
3 priations Act, 2014’’.
4
SEC. 2. TABLE OF CONTENTS.
5
The table of contents of this Act is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
7.
8.
Short Title.
Table of Contents.
References.
Explanatory Statement.
Statement of Appropriations.
Availability of Funds.
Technical Allowance for Estimating Differences.
Launch Liability Extension.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
Title
Title
Title
I—Agricultural Programs
II—Conservation Programs
III—Rural Development Programs
IV—Domestic Food Programs
V—Foreign Assistance and Related Programs
VI—Related Agencies and Food and Drug Administration
VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
Title
I—Department of Commerce
II—Department of Justice
III—Science
IV—Related Agencies
V—General Provisions
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2
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
2014
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
I—Military Personnel
II—Operation and Maintenance
III—Procurement
IV—Research, Development, Test and Evaluation
V—Revolving and Management Funds
VI—Other Department of Defense Programs
VII—Related Agencies
VIII—General Provisions
IX—Overseas Contingency Operations
X—Military Disability Retirement and Survivor Benefit Annuity Restoration
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
Title
I—Corps of Engineers—Civil
II—Department of the Interior
III—Department of Energy
IV—Independent Agencies
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
Title
Title
Title
Title
I—Departmental Management and Operations
II—Security, Enforcement, and Investigations
III—Protection, Preparedness, Response, and Recovery
IV—Research, Development, Training, and Services
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
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3
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
Title
I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related Agencies
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
Title
Title
Title
I—Department of Defense
II—Department of Veterans Affairs
III—Related Agencies
IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS,
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
Title
Title
Title
Title
I—Department of State and Related Agency
II—United States Agency for International Development
III—Bilateral Economic Assistance
IV—International Security assistance
V—Multilateral Assistance
VI—Export and Investment Assistance
VII—General Provisions
VIII—Overseas Contingency Operations
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
Title
Title
Title
Title
1
I—Department of Transportation
II—Department of Housing and Urban Development
III—Related Agencies
IV—General Provisions—This Act
SEC. 3. REFERENCES.
2
Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi5 sion.
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1
SEC. 4. EXPLANATORY STATEMENT.
2
The explanatory statement regarding this Act, print-
3 ed in the House of Representatives section of the Congres4 sional Record on or about January 15, 2014 by the Chair5 man of the Committee on Appropriations of the House,
6 shall have the same effect with respect to the allocation
7 of funds and implementation of divisions A through L of
8 this Act as if it were a joint explanatory statement of a
9 committee of conference.
10
SEC. 5. STATEMENT OF APPROPRIATIONS.
11
The following sums in this Act are appropriated, out
12 of any money in the Treasury not otherwise appropriated,
13 for the fiscal year ending September 30, 2014.
14
SEC. 6. AVAILABILITY OF FUNDS.
15
Each amount designated in this Act by the Congress
16 for Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985 shall
19 be available (or rescinded, if applicable) only if the Presi20 dent subsequently so designates all such amounts and
21 transmits such designations to the Congress.
22
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIF-
23
FERENCES.
24
If, for fiscal year 2014, new budget authority pro-
25 vided in appropriation Acts exceeds the discretionary
26 spending limit for any category set forth in section 251(c)
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5
1 of the Balanced Budget and Emergency Deficit Control
2 Act of 1985 due to estimating differences with the Con3 gressional Budget Office, an adjustment to the discre4 tionary spending limit in such category for fiscal year
5 2014 shall be made by the Director of the Office of Man6 agement and Budget in the amount of the excess but not
7 to exceed 0.2 percent of the sum of the adjusted discre8 tionary spending limits for all categories for that fiscal
9 year.
10
SEC. 8. LAUNCH LIABILITY EXTENSION.
11
Section 50915(f) of title 51, United States Code, is
12 amended by striking ‘‘December 31, 2013’’ and inserting
13 ‘‘December 31, 2016’’.
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6
1 DIVISION A—AGRICULTURE, RURAL DE2
VELOPMENT, FOOD AND DRUG ADMIN-
3
ISTRATION, AND RELATED AGENCIES
4
APPROPRIATIONS ACT, 2014
5
TITLE I
6
AGRICULTURAL PROGRAMS
7
PRODUCTION, PROCESSING
8
OFFICE
9
(INCLUDING
10
OF THE
AND
MARKETING
SECRETARY
TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
11 $43,778,000, of which not to exceed $5,051,000 shall be
12 available for the immediate Office of the Secretary; not
13 to exceed $498,000 shall be available for the Office of
14 Tribal Relations; not to exceed $1,496,000 shall be avail15 able for the Office of Homeland Security and Emergency
16 Coordination; not to exceed $1,209,000 shall be available
17 for the Office of Advocacy and Outreach; not to exceed
18 $23,590,000 shall be available for the Office of the Assist19 ant Secretary for Administration, of which $22,786,000
20 shall be available for Departmental Administration to pro21 vide for necessary expenses for management support serv22 ices to offices of the Department and for general adminis23 tration, security, repairs and alterations, and other mis24 cellaneous supplies and expenses not otherwise provided
25 for and necessary for the practical and efficient work of
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1 the Department; not to exceed $3,869,000 shall be avail2 able for the Office of Assistant Secretary for Congres3 sional Relations to carry out the programs funded by this
4 Act, including programs involving intergovernmental af5 fairs and liaison within the executive branch; and not to
6 exceed $8,065,000 shall be available for the Office of Com7 munications: Provided, That the Secretary of Agriculture
8 is authorized to transfer funds appropriated for any office
9 of the Office of the Secretary to any other office of the
10 Office of the Secretary: Provided further, That no appro11 priation for any office shall be increased or decreased by
12 more than 5 percent: Provided further, That not to exceed
13 $11,000 of the amount made available under this para14 graph for the immediate Office of the Secretary shall be
15 available for official reception and representation ex16 penses, not otherwise provided for, as determined by the
17 Secretary: Provided further, That the amount made avail18 able under this heading for Departmental Administration
19 shall be reimbursed from applicable appropriations in this
20 Act for travel expenses incident to the holding of hearings
21 as required by 5 U.S.C. 551–558: Provided further, That
22 funds made available under this heading for the Office of
23 Assistant Secretary for Congressional Relations may be
24 transferred to agencies of the Department of Agriculture
25 funded by this Act to maintain personnel at the agency
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1 level: Provided further, That no funds made available
2 under this heading for the Office of Assistant Secretary
3 for Congressional Relations may be obligated after 30
4 days from the date of enactment of this Act, unless the
5 Secretary has notified the Committees on Appropriations
6 of both Houses of Congress on the allocation of these
7 funds by USDA agency.
8
EXECUTIVE OPERATIONS
9
OFFICE OF THE CHIEF ECONOMIST
10
For necessary expenses of the Office of the Chief
11 Economist, $16,777,000, of which $4,000,000 shall be for
12 grants or cooperative agreements for policy research under
13 7 U.S.C. 3155 and shall be obligated within 90 days of
14 the enactment of this Act.
15
NATIONAL APPEALS DIVISION
16
For necessary expenses of the National Appeals Divi-
17 sion, $12,841,000.
18
OFFICE OF BUDGET AND PROGRAM ANALYSIS
19
For necessary expenses of the Office of Budget and
20 Program Analysis, $9,064,000.
21
OFFICE
22
For necessary expenses of the Office of the Chief In-
OF THE
CHIEF INFORMATION OFFICER
23 formation Officer, $44,031,000, of which not less than
24 $27,000,000 is for cybersecurity requirements of the De25 partment.
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9
1
OFFICE
2
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Fi-
3 nancial Officer, $6,213,000: Provided, That no funds
4 made available by this appropriation may be obligated for
5 FAIR Act or Circular A–76 activities until the Secretary
6 has submitted to the Committees on Appropriations of
7 both Houses of Congress and the Committee on Oversight
8 and Government Reform of the House of Representatives
9 a report on the Department’s contracting out policies, in10 cluding agency budgets for contracting out.
11
OFFICE
OF THE
ASSISTANT SECRETARY
12
FOR
CIVIL
RIGHTS
13
For necessary expenses of the Office of the Assistant
14 Secretary for Civil Rights, $893,000.
15
OFFICE
16
OF
CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
17 $21,400,000.
18 AGRICULTURE BUILDINGS
AND
FACILITIES
AND
19
PAYMENTS
20
(INCLUDING TRANSFERS OF FUNDS)
21
RENTAL
For payment of space rental and related costs pursu-
22 ant to Public Law 92–313, including authorities pursuant
23 to the 1984 delegation of authority from the Adminis24 trator of General Services to the Department of Agri25 culture under 40 U.S.C. 486, for programs and activities
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10
1 of the Department which are included in this Act, and for
2 alterations and other actions needed for the Department
3 and its agencies to consolidate unneeded space into con4 figurations suitable for release to the Administrator of
5 General Services, and for the operation, maintenance, im6 provement, and repair of Agriculture buildings and facili7 ties, and for related costs, $233,000,000, to remain avail8 able until expended, of which $164,470,000 shall be avail9 able for payments to the General Services Administration
10 for rent; of which $13,800,000 is for payments to the De11 partment of Homeland Security for building security ac12 tivities; and of which $54,730,000 is for buildings oper13 ations and maintenance expenses: Provided, That the Sec14 retary may use unobligated prior year balances of an agen15 cy or office that are no longer available for new obligation
16 to cover shortfalls incurred in prior year rental payments
17 for such agency or office: Provided further, That the Sec18 retary is authorized to transfer funds from a Depart19 mental agency to this account to recover the full cost of
20 the space and security expenses of that agency that are
21 funded by this account when the actual costs exceed the
22 agency estimate which will be available for the activities
23 and payments described herein.
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11
1
HAZARDOUS MATERIALS MANAGEMENT
2
(INCLUDING TRANSFERS OF FUNDS)
3
For necessary expenses of the Department of Agri-
4 culture, to comply with the Comprehensive Environmental
5 Response, Compensation, and Liability Act (42 U.S.C.
6 9601 et seq.) and the Resource Conservation and Recovery
7 Act (42 U.S.C. 6901 et seq.), $3,592,000, to remain avail8 able until expended: Provided, That appropriations and
9 funds available herein to the Department for Hazardous
10 Materials Management may be transferred to any agency
11 of the Department for its use in meeting all requirements
12 pursuant to the above Acts on Federal and non-Federal
13 lands.
14
OFFICE
15
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector
16 General, including employment pursuant to the Inspector
17 General Act of 1978, $89,902,000, including such sums
18 as may be necessary for contracting and other arrange19 ments with public agencies and private persons pursuant
20 to section 6(a)(9) of the Inspector General Act of 1978,
21 and including not to exceed $125,000 for certain confiden22 tial operational expenses, including the payment of inform23 ants, to be expended under the direction of the Inspector
24 General pursuant to Public Law 95–452 and section 1337
25 of Public Law 97–98.
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12
1
OFFICE
2
OF THE
GENERAL COUNSEL
For necessary expenses of the Office of the General
3 Counsel, $41,202,000.
4
OFFICE
5
OF
ETHICS
For necessary expenses of the Office of Ethics,
6 $3,440,000.
7
OFFICE
OF THE
8
UNDER SECRETARY
EDUCATION,
9
AND
FOR
RESEARCH,
ECONOMICS
For necessary expenses of the Office of the Under
10 Secretary for Research, Education, and Economics,
11 $893,000.
12
ECONOMIC RESEARCH SERVICE
13
For necessary expenses of the Economic Research
14 Service, $78,058,000.
15
NATIONAL AGRICULTURAL STATISTICS SERVICE
16
For necessary expenses of the National Agricultural
17 Statistics
Service,
$161,206,000,
of
which
up
to
18 $44,545,000 shall be available until expended for the Cen19 sus of Agriculture: Provided, That amounts made available
20 for the Census of Agriculture may be used to conduct Cur21 rent Industrial Report surveys subject to 7 U.S.C.
22 2204g(d) and (f).
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1
AGRICULTURAL RESEARCH SERVICE
2
SALARIES AND EXPENSES
3
For necessary expenses of the Agricultural Research
4 Service and for acquisition of lands by donation, exchange,
5 or purchase at a nominal cost not to exceed $100, and
6 for land exchanges where the lands exchanged shall be of
7 equal value or shall be equalized by a payment of money
8 to the grantor which shall not exceed 25 percent of the
9 total value of the land or interests transferred out of Fed10 eral ownership, $1,122,482,000: Provided, That appro11 priations hereunder shall be available for the operation
12 and maintenance of aircraft and the purchase of not to
13 exceed one for replacement only: Provided further, That
14 appropriations hereunder shall be available pursuant to 7
15 U.S.C. 2250 for the construction, alteration, and repair
16 of buildings and improvements, but unless otherwise pro17 vided, the cost of constructing any one building shall not
18 exceed $375,000, except for headhouses or greenhouses
19 which shall each be limited to $1,200,000, and except for
20 10 buildings to be constructed or improved at a cost not
21 to exceed $750,000 each, and the cost of altering any one
22 building during the fiscal year shall not exceed 10 percent
23 of the current replacement value of the building or
24 $375,000, whichever is greater: Provided further, That the
25 limitations on alterations contained in this Act shall not
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1 apply to modernization or replacement of existing facilities
2 at Beltsville, Maryland: Provided further, That appropria3 tions hereunder shall be available for granting easements
4 at the Beltsville Agricultural Research Center: Provided
5 further, That the foregoing limitations shall not apply to
6 replacement of buildings needed to carry out the Act of
7 April 24, 1948 (21 U.S.C. 113a): Provided further, That
8 appropriations hereunder shall be available for granting
9 easements at any Agricultural Research Service location
10 for the construction of a research facility by a non-Federal
11 entity for use by, and acceptable to, the Agricultural Re12 search Service and a condition of the easements shall be
13 that upon completion the facility shall be accepted by the
14 Secretary, subject to the availability of funds herein, if the
15 Secretary finds that acceptance of the facility is in the
16 interest of the United States: Provided further, That sec17 tion 732(b) of division A of Public Law 112–55 (125 Stat.
18 587) is amended by adding at the end the following new
19 sentence: ‘‘The conveyance authority provided by this sub20 section expires September 30, 2015, and all conveyances
21 under this subsection must be completed by that date.’’:
22 Provided further, That funds may be received from any
23 State, other political subdivision, organization, or indi24 vidual for the purpose of establishing or operating any re-
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15
1 search facility or research project of the Agricultural Re2 search Service, as authorized by law.
3
NATIONAL INSTITUTE
4
OF
FOOD
AND
AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
5
For payments to agricultural experiment stations, for
6 cooperative forestry and other research, for facilities, and
7 for other expenses, $772,559,000, which shall be for the
8 purposes, and in the amounts, specified in the table titled
9 ‘‘National Institute of Food and Agriculture, Research
10 and Education Activities’’ in the explanatory statement
11 described in section 4 (in the matter preceding division
12 A of this consolidated Act): Provided, That funds for re13 search grants for 1994 institutions, education grants for
14 1890 institutions, capacity building for non-land-grant
15 colleges of agriculture, the agriculture and food research
16 initiative, Critical Agricultural Materials Act, veterinary
17 medicine loan repayment, multicultural scholars, graduate
18 fellowship and institution challenge grants, and grants
19 management systems shall remain available until ex20 pended: Provided further, That each institution eligible to
21 receive funds under the Evans-Allen program receives no
22 less than $1,000,000: Provided further, That funds for
23 education grants for Alaska Native and Native Hawaiian24 serving institutions be made available to individual eligible
25 institutions or consortia of eligible institutions with funds
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16
1 awarded equally to each of the States of Alaska and Ha2 waii: Provided further, That funds for education grants for
3 1890 institutions shall be made available to institutions
4 eligible to receive funds under 7 U.S.C. 3221 and 3222.
5
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
6
For the Native American Institutions Endowment
7 Fund authorized by Public Law 103–382 (7 U.S.C. 301
8 note), $11,880,000, to remain available until expended.
9
EXTENSION ACTIVITIES
10
For payments to States, the District of Columbia,
11 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
12 Northern Marianas, and American Samoa, $469,191,000,
13 which shall be for the purposes, and in the amounts, speci14 fied in the table titled ‘‘National Institute of Food and
15 Agriculture, Extension Activities’’ in the explanatory
16 statement described in section 4 (in the matter preceding
17 division A of this consolidated Act): Provided, That funds
18 for facility improvements at 1890 institutions shall remain
19 available until expended: Provided further, That institu20 tions eligible to receive funds under 7 U.S.C. 3221 for co21 operative extension receive no less than $1,000,000: Pro22 vided further, That funds for cooperative extension under
23 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C.
24 343(b) and (c)) and section 208(c) of Public Law 93–471
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17
1 shall be available for retirement and employees’ compensa2 tion costs for extension agents.
3
INTEGRATED ACTIVITIES
4
For the integrated research, education, and extension
5 grants programs, including necessary administrative ex6 penses, $35,317,000, which shall be for the purposes, and
7 in the amounts, specified in the table titled ‘‘National In8 stitute of Food and Agriculture, Integrated Activities’’ in
9 the explanatory statement described in section 4 (in the
10 matter preceding division A of this consolidated Act): Pro11 vided, That funds for the Food and Agriculture Defense
12 Initiative shall remain available until September 30, 2015.
13
OFFICE
OF THE
14
AND
15
UNDER SECRETARY
FOR
MARKETING
REGULATORY PROGRAMS
For necessary expenses of the Office of the Under
16 Secretary for Marketing and Regulatory Programs,
17 $893,000.
18
ANIMAL
AND
PLANT HEALTH INSPECTION SERVICE
19
SALARIES AND EXPENSES
20
(INCLUDING TRANSFERS OF FUNDS)
21
For necessary expenses of the Animal and Plant
22 Health Inspection Service, including up to $30,000 for
23 representation allowances and for expenses pursuant to
24 the Foreign Service Act of 1980 (22 U.S.C. 4085),
25 $821,721,000, of which $470,000, to remain available
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18
1 until expended, shall be available for the control of out2 breaks of insects, plant diseases, animal diseases and for
3 control of pest animals and birds (‘‘contingency fund’’) to
4 the extent necessary to meet emergency conditions; of
5 which $12,720,000, to remain available until expended,
6 shall be used for the cotton pests program for cost share
7 purposes or for debt retirement for active eradication
8 zones; of which $35,339,000, to remain available until ex9 pended, shall be for Animal Health Technical Services; of
10 which $697,000 shall be for activities under the authority
11 of the Horse Protection Act of 1970, as amended (15
12 U.S.C. 1831); of which $52,340,000, to remain available
13 until expended, shall be used to support avian health; of
14 which $4,251,000, to remain available until expended,
15 shall be for information technology infrastructure; of
16 which $151,500,000, to remain available until expended,
17 shall be for specialty crop pests; of which, $8,826,000, to
18 remain available until expended, shall be for field crop and
19 rangeland ecosystem pests; of which $54,000,000, to re20 main available until expended, shall be for tree and wood
21 pests; of which $3,722,000, to remain available until ex22 pended, shall be for the National Veterinary Stockpile; of
23 which up to $1,500,000, to remain available until ex24 pended, shall be for the scrapie program for indemnities;
25 of which $1,500,000, to remain available until expended,
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19
1 shall be for the wildlife damage management program for
2 aviation safety: Provided, That of amounts available under
3 this heading for wildlife services methods development,
4 $1,000,000 shall remain available until expended: Pro5 vided further, That of amounts available under this head6 ing for the screwworm program, $4,990,000 shall remain
7 available until expended: Provided further, That no funds
8 shall be used to formulate or administer a brucellosis
9 eradication program for the current fiscal year that does
10 not require minimum matching by the States of at least
11 40 percent: Provided further, That this appropriation shall
12 be available for the operation and maintenance of aircraft
13 and the purchase of not to exceed four, of which two shall
14 be for replacement only: Provided further, That in addi15 tion, in emergencies which threaten any segment of the
16 agricultural production industry of this country, the Sec17 retary may transfer from other appropriations or funds
18 available to the agencies or corporations of the Depart19 ment such sums as may be deemed necessary, to be avail20 able only in such emergencies for the arrest and eradi21 cation of contagious or infectious disease or pests of ani22 mals, poultry, or plants, and for expenses in accordance
23 with sections 10411 and 10417 of the Animal Health Pro24 tection Act (7 U.S.C. 8310 and 8316) and sections 431
25 and 442 of the Plant Protection Act (7 U.S.C. 7751 and
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20
1 7772), and any unexpended balances of funds transferred
2 for such emergency purposes in the preceding fiscal year
3 shall be merged with such transferred amounts: Provided
4 further, That appropriations hereunder shall be available
5 pursuant to law (7 U.S.C. 2250) for the repair and alter6 ation of leased buildings and improvements, but unless
7 otherwise provided the cost of altering any one building
8 during the fiscal year shall not exceed 10 percent of the
9 current replacement value of the building.
10
In fiscal year 2014, the agency is authorized to collect
11 fees to cover the total costs of providing technical assist12 ance, goods, or services requested by States, other political
13 subdivisions, domestic and international organizations,
14 foreign governments, or individuals, provided that such
15 fees are structured such that any entity’s liability for such
16 fees is reasonably based on the technical assistance, goods,
17 or services provided to the entity by the agency, and such
18 fees shall be reimbursed to this account, to remain avail19 able until expended, without further appropriation, for
20 providing such assistance, goods, or services.
21
BUILDINGS AND FACILITIES
22
For plans, construction, repair, preventive mainte-
23 nance, environmental support, improvement, extension, al24 teration, and purchase of fixed equipment or facilities, as
25 authorized by 7 U.S.C. 2250, and acquisition of land as
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21
1 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail2 able until expended.
3
AGRICULTURAL MARKETING SERVICE
4
MARKETING SERVICES
5
For necessary expenses of the Agricultural Marketing
6 Service, $79,914,000: Provided, That this appropriation
7 shall be available pursuant to law (7 U.S.C. 2250) for the
8 alteration and repair of buildings and improvements, but
9 the cost of altering any one building during the fiscal year
10 shall not exceed 10 percent of the current replacement
11 value of the building.
12
Fees may be collected for the cost of standardization
13 activities, as established by regulation pursuant to law (31
14 U.S.C. 9701).
15
LIMITATION ON ADMINISTRATIVE EXPENSES
16
Not to exceed $60,435,000 (from fees collected) shall
17 be obligated during the current fiscal year for administra18 tive expenses: Provided, That if crop size is understated
19 and/or other uncontrollable events occur, the agency may
20 exceed this limitation by up to 10 percent with notification
21 to the Committees on Appropriations of both Houses of
22 Congress.
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22
1
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
2
SUPPLY (SECTION 32)
3
(INCLUDING TRANSFERS OF FUNDS)
4
Funds available under section 32 of the Act of Au-
5 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com6 modity program expenses as authorized therein, and other
7 related operating expenses, except for: (1) transfers to the
8 Department of Commerce as authorized by the Fish and
9 Wildlife Act of August 8, 1956; (2) transfers otherwise
10 provided in this Act; and (3) not more than $20,056,000
11 for formulation and administration of marketing agree12 ments and orders pursuant to the Agricultural Marketing
13 Agreement Act of 1937 and the Agricultural Act of 1961.
14
PAYMENTS TO STATES AND POSSESSIONS
15
For payments to departments of agriculture, bureaus
16 and departments of markets, and similar agencies for
17 marketing activities under section 204(b) of the Agricul18 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),
19 $1,363,000.
20
GRAIN INSPECTION, PACKERS
AND
STOCKYARDS
21
ADMINISTRATION
22
SALARIES AND EXPENSES
23
For necessary expenses of the Grain Inspection,
24 Packers and Stockyards Administration, $40,261,000:
25 Provided, That this appropriation shall be available pursu-
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23
1 ant to law (7 U.S.C. 2250) for the alteration and repair
2 of buildings and improvements, but the cost of altering
3 any one building during the fiscal year shall not exceed
4 10 percent of the current replacement value of the build5 ing.
6
LIMITATION ON INSPECTION AND WEIGHING SERVICES
7
EXPENSES
8
Not to exceed $50,000,000 (from fees collected) shall
9 be obligated during the current fiscal year for inspection
10 and weighing services: Provided, That if grain export ac11 tivities require additional supervision and oversight, or
12 other uncontrollable factors occur, this limitation may be
13 exceeded by up to 10 percent with notification to the Com14 mittees on Appropriations of both Houses of Congress.
15 OFFICE
16
OF THE
UNDER SECRETARY
FOR
FOOD SAFETY
For necessary expenses of the Office of the Under
17 Secretary for Food Safety, $811,000.
18
FOOD SAFETY
19
AND INSPECTION
SERVICE
For necessary expenses to carry out services author-
20 ized by the Federal Meat Inspection Act, the Poultry
21 Products Inspection Act, and the Egg Products Inspection
22 Act, including not to exceed $50,000 for representation
23 allowances and for expenses pursuant to section 8 of the
24 Act approved August 3, 1956 (7 U.S.C. 1766),
25 $1,010,689,000; and in addition, $1,000,000 may be cred-
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24
1 ited to this account from fees collected for the cost of lab2 oratory accreditation as authorized by section 1327 of the
3 Food, Agriculture, Conservation and Trade Act of 1990
4 (7 U.S.C. 138f): Provided, That funds provided for the
5 Public Health Data Communication Infrastructure system
6 shall remain available until expended: Provided further,
7 That no fewer than 148 full-time equivalent positions shall
8 be employed during fiscal year 2014 for purposes dedi9 cated solely to inspections and enforcement related to the
10 Humane Methods of Slaughter Act: Provided further, That
11 the Food Safety and Inspection Service shall continue im12 plementation of section 11016 of Public Law 110–246:
13 Provided further, That this appropriation shall be available
14 pursuant to law (7 U.S.C. 2250) for the alteration and
15 repair of buildings and improvements, but the cost of al16 tering any one building during the fiscal year shall not
17 exceed 10 percent of the current replacement value of the
18 building.
19
OFFICE
20
OF THE
UNDER SECRETARY
FOR
FARM
AND
FOREIGN AGRICULTURAL SERVICES
21
For necessary expenses of the Office of the Under
22 Secretary for Farm and Foreign Agricultural Services,
23 $893,000.
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25
1
FARM SERVICE AGENCY
2
SALARIES AND EXPENSES
3
(INCLUDING TRANSFERS OF FUNDS)
4
For necessary expenses of the Farm Service Agency,
5 $1,177,926,000: Provided, That the Secretary is author6 ized to use the services, facilities, and authorities (but not
7 the funds) of the Commodity Credit Corporation to make
8 program payments for all programs administered by the
9 Agency: Provided further, That other funds made available
10 to the Agency for authorized activities may be advanced
11 to and merged with this account: Provided further, That
12 funds made available to county committees shall remain
13 available until expended.
14
STATE MEDIATION GRANTS
15
For grants pursuant to section 502(b) of the Agricul-
16 tural Credit Act of 1987, as amended (7 U.S.C. 5101–
17 5106), $3,782,000.
18
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
19
For necessary expenses to carry out wellhead or
20 groundwater protection activities under section 1240O of
21 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
22 $5,526,000, to remain available until expended.
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26
1
DAIRY INDEMNITY PROGRAM
2
(INCLUDING TRANSFER OF FUNDS)
3
For necessary expenses involved in making indemnity
4 payments to dairy farmers and manufacturers of dairy
5 products under a dairy indemnity program, such sums as
6 may be necessary, to remain available until expended: Pro7 vided, That such program is carried out by the Secretary
8 in the same manner as the dairy indemnity program de9 scribed in the Agriculture, Rural Development, Food and
10 Drug Administration, and Related Agencies Appropria11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
12 12).
13
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
14
ACCOUNT
15
(INCLUDING TRANSFERS OF FUNDS)
16
For gross obligations for the principal amount of di-
17 rect and guaranteed farm ownership (7 U.S.C. 1922 et
18 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer19 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac20 quisition loans (25 U.S.C. 488), boll weevil loans (7
21 U.S.C. 1989), guaranteed conservation loans (7 U.S.C.
22 1924 et seq.), and Indian highly fractionated land loans
23 (25 U.S.C. 488) to be available from funds in the Agricul24 tural Credit Insurance Fund, as follows: $2,000,000,000
25 for guaranteed farm ownership loans and $575,000,000
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27
1 for farm ownership direct loans; $1,500,000,000 for un2 subsidized
guaranteed
operating
loans
and
3 $1,195,620,000 for direct operating loans; emergency
4 loans, $34,658,000; Indian tribe land acquisition loans,
5 $2,000,000;
guaranteed
conservation
loans,
6 $150,000,000; Indian highly fractionated land loans,
7 $10,000,000; and for boll weevil eradication program
8 loans, $60,000,000: Provided, That the Secretary shall
9 deem the pink bollworm to be a boll weevil for the purpose
10 of boll weevil eradication program loans.
11
For the cost of direct and guaranteed loans and
12 grants, including the cost of modifying loans as defined
13 in section 502 of the Congressional Budget Act of 1974,
14 as follows: farm ownership, $4,428,000 for direct loans;
15 farm operating loans, $65,520,000 for direct operating
16 loans, $18,300,000 for unsubsidized guaranteed operating
17 loans, emergency loans, $1,698,000, to remain available
18 until expended; and Indian highly fractionated land loans,
19 $68,000.
20
In addition, for administrative expenses necessary to
21 carry out the direct and guaranteed loan programs,
22 $314,719,000, of which $306,998,000 shall be transferred
23 to and merged with the appropriation for ‘‘Farm Service
24 Agency, Salaries and Expenses’’.
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1
Funds appropriated by this Act to the Agricultural
2 Credit Insurance Program Account for farm ownership,
3 operating and conservation direct loans and guaranteed
4 loans may be transferred among these programs: Pro5 vided, That the Committees on Appropriations of both
6 Houses of Congress are notified at least 15 days in ad7 vance of any transfer.
8
RISK MANAGEMENT AGENCY
9
For necessary expenses of the Risk Management
10 Agency, $71,496,000: Provided, That not to exceed
11 $1,000 shall be available for official reception and rep12 resentation expenses, as authorized by 7 U.S.C. 1506(i).
13
CORPORATIONS
14
The following corporations and agencies are hereby
15 authorized to make expenditures, within the limits of
16 funds and borrowing authority available to each such cor17 poration or agency and in accord with law, and to make
18 contracts and commitments without regard to fiscal year
19 limitations as provided by section 104 of the Government
20 Corporation Control Act as may be necessary in carrying
21 out the programs set forth in the budget for the current
22 fiscal year for such corporation or agency, except as here23 inafter provided.
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29
1
FEDERAL CROP INSURANCE CORPORATION FUND
2
For payments as authorized by section 516 of the
3 Federal Crop Insurance Act (7 U.S.C. 1516), such sums
4 as may be necessary, to remain available until expended.
5
COMMODITY CREDIT CORPORATION FUND
6
REIMBURSEMENT FOR NET REALIZED LOSSES
7
(INCLUDING TRANSFERS OF FUNDS)
8
For the current fiscal year, such sums as may be nec-
9 essary to reimburse the Commodity Credit Corporation for
10 net realized losses sustained, but not previously reim11 bursed, pursuant to section 2 of the Act of August 17,
12 1961 (15 U.S.C. 713a–11): Provided, That of the funds
13 available to the Commodity Credit Corporation under sec14 tion 11 of the Commodity Credit Corporation Charter Act
15 (15 U.S.C. 714i) for the conduct of its business with the
16 Foreign Agricultural Service, up to $5,000,000 may be
17 transferred to and used by the Foreign Agricultural Serv18 ice for information resource management activities of the
19 Foreign Agricultural Service that are not related to Com20 modity Credit Corporation business.
21
HAZARDOUS WASTE MANAGEMENT
22
(LIMITATION ON EXPENSES)
23
For the current fiscal year, the Commodity Credit
24 Corporation shall not expend more than $5,000,000 for
25 site investigation and cleanup expenses, and operations
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30
1 and maintenance expenses to comply with the requirement
2 of section 107(g) of the Comprehensive Environmental
3 Response, Compensation, and Liability Act (42 U.S.C.
4 9607(g)), and section 6001 of the Resource Conservation
5 and Recovery Act (42 U.S.C. 6961).
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31
1
TITLE II
2
CONSERVATION PROGRAMS
3
OFFICE
4
OF THE
UNDER SECRETARY
RESOURCES
5
AND
FOR
NATURAL
ENVIRONMENT
For necessary expenses of the Office of the Under
6 Secretary for Natural Resources and Environment,
7 $893,000.
8
NATURAL RESOURCES CONSERVATION SERVICE
9
CONSERVATION OPERATIONS
10
For necessary expenses for carrying out the provi-
11 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),
12 including preparation of conservation plans and establish13 ment of measures to conserve soil and water (including
14 farm irrigation and land drainage and such special meas15 ures for soil and water management as may be necessary
16 to prevent floods and the siltation of reservoirs and to con17 trol agricultural related pollutants); operation of conserva18 tion plant materials centers; classification and mapping of
19 soil; dissemination of information; acquisition of lands,
20 water, and interests therein for use in the plant materials
21 program by donation, exchange, or purchase at a nominal
22 cost not to exceed $100 pursuant to the Act of August
23 3, 1956 (7 U.S.C. 428a); purchase and erection or alter24 ation or improvement of permanent and temporary build25 ings; and operation and maintenance of aircraft,
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32
1 $812,939,000, to remain available until September 30,
2 2015: Provided, That appropriations hereunder shall be
3 available pursuant to 7 U.S.C. 2250 for construction and
4 improvement of buildings and public improvements at
5 plant materials centers, except that the cost of alterations
6 and improvements to other buildings and other public im7 provements shall not exceed $250,000: Provided further,
8 That when buildings or other structures are erected on
9 non-Federal land, that the right to use such land is ob10 tained as provided in 7 U.S.C. 2250a.
11
WATERSHED REHABILITATION PROGRAM
12
Under the authorities of section 14 of the Watershed
13 Protection and Flood Prevention Act, $12,000,000 is pro14 vided.
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33
1
TITLE III
2
RURAL DEVELOPMENT PROGRAMS
3
OFFICE
OF THE
4
UNDER SECRETARY
FOR
RURAL
DEVELOPMENT
5
For necessary expenses of the Office of the Under
6 Secretary for Rural Development, $893,000.
7
RURAL DEVELOPMENT SALARIES
8
AND
EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
9
For necessary expenses for carrying out the adminis-
10 tration and implementation of programs in the Rural De11 velopment mission area, including activities with institu12 tions concerning the development and operation of agricul13 tural cooperatives; and for cooperative agreements;
14 $203,424,000: Provided, That no less than $20,000,000
15 shall be for the Comprehensive Loan Accounting System:
16 Provided further, That notwithstanding any other provi17 sion of law, funds appropriated under this heading may
18 be used for advertising and promotional activities that
19 support the Rural Development mission area: Provided
20 further, That any balances available from prior years for
21 the Rural Utilities Service, Rural Housing Service, and
22 the Rural Business—Cooperative Service salaries and ex23 penses accounts shall be transferred to and merged with
24 this appropriation.
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1
RURAL HOUSING SERVICE
2
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
3
(INCLUDING TRANSFERS OF FUNDS)
4
For gross obligations for the principal amount of di-
5 rect and guaranteed loans as authorized by title V of the
6 Housing Act of 1949, to be available from funds in the
7 rural housing insurance fund, as follows: $900,000,000
8 shall be for direct loans and $24,000,000,000 shall be for
9 unsubsidized guaranteed loans; $26,280,000 for section
10 504 housing repair loans; $28,432,000 for section 515
11 rental housing; $150,000,000 for section 538 guaranteed
12 multi-family housing loans; $10,000,000 for credit sales
13 of single family housing acquired property; $5,000,000 for
14 section 523 self-help housing land development loans; and
15 $5,000,000 for section 524 site development loans.
16
For the cost of direct and guaranteed loans, including
17 the cost of modifying loans, as defined in section 502 of
18 the Congressional Budget Act of 1974, as follows: section
19 502 loans, $24,480,000 shall be for direct loans; section
20 504 housing repair loans, $2,176,000; and repair, rehabili21 tation, and new construction of section 515 rental housing,
22 $6,656,000: Provided, That to support the loan program
23 level for section 538 guaranteed loans made available
24 under this heading the Secretary may charge or adjust
25 any fees to cover the projected cost of such loan guaran-
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1 tees pursuant to the provisions of the Credit Reform Act
2 of 1990 (2 U.S.C. 661 et seq.), and the interest on such
3 loans may not be subsidized: Provided further, That appli4 cants in communities that have a current rural area waiv5 er under section 541 of the Housing Act of 1949 (42
6 U.S.C. 1490q) shall be treated as living in a rural area
7 for purposes of section 502 guaranteed loans provided
8 under this heading: Provided further, That of the amounts
9 available under this paragraph for section 502 direct
10 loans, no less than $5,000,000 shall be available for direct
11 loans for individuals whose homes will be built pursuant
12 to a program funded with a mutual and self-help housing
13 grant authorized by section 523 of the Housing Act of
14 1949 until June 1, 2014.
15
In addition, for the cost of direct loans, grants, and
16 contracts, as authorized by 42 U.S.C. 1484 and 1486,
17 $13,992,000, to remain available until expended, for direct
18 farm labor housing loans and domestic farm labor housing
19 grants and contracts: Provided, That any balances avail20 able for the Farm Labor Program Account shall be trans21 ferred to and merged with this account.
22
In addition, for administrative expenses necessary to
23 carry out the direct and guaranteed loan programs,
24 $415,100,000 shall be transferred to and merged with the
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36
1 appropriation for ‘‘Rural Development, Salaries and Ex2 penses’’.
3
RENTAL ASSISTANCE PROGRAM
4
For rental assistance agreements entered into or re-
5 newed pursuant to the authority under section 521(a)(2)
6 or agreements entered into in lieu of debt forgiveness or
7 payments for eligible households as authorized by section
8 502(c)(5)(D)
of
the
Housing
Act
of
1949,
9 $1,110,000,000; and, in addition, such sums as may be
10 necessary, as authorized by section 521(c) of the Act, to
11 liquidate debt incurred prior to fiscal year 1992 to carry
12 out the rental assistance program under section 521(a)(2)
13 of the Act: Provided, That rental assistance agreements
14 entered into or renewed during the current fiscal year
15 shall be funded for a 1-year period: Provided further, That
16 any unexpended balances remaining at the end of such 117 year agreements may be transferred and used for the pur18 poses of any debt reduction; maintenance, repair, or reha19 bilitation of any existing projects; preservation; and rental
20 assistance activities authorized under title V of the Act:
21 Provided further, That rental assistance provided under
22 agreements entered into prior to fiscal year 2014 for a
23 farm labor multi-family housing project financed under
24 section 514 or 516 of the Act may not be recaptured for
25 use in another project until such assistance has remained
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1 unused for a period of 12 consecutive months, if such
2 project has a waiting list of tenants seeking such assist3 ance or the project has rental assistance eligible tenants
4 who are not receiving such assistance: Provided further,
5 That such recaptured rental assistance shall, to the extent
6 practicable, be applied to another farm labor multi-family
7 housing project financed under section 514 or 516 of the
8 Act.
9
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM
10
ACCOUNT
11
For the rural housing voucher program as authorized
12 under section 542 of the Housing Act of 1949, but not13 withstanding subsection (b) of such section, and for addi14 tional costs to conduct a demonstration program for the
15 preservation and revitalization of multi-family rental hous16 ing properties described in this paragraph, $32,575,000,
17 to remain available until expended: Provided, That of the
18 funds made available under this heading, $12,575,000,
19 shall be available for rural housing vouchers to any low20 income household (including those not receiving rental as21 sistance) residing in a property financed with a section
22 515 loan which has been prepaid after September 30,
23 2005: Provided further, That the amount of such voucher
24 shall be the difference between comparable market rent
25 for the section 515 unit and the tenant paid rent for such
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38
1 unit: Provided further, That funds made available for such
2 vouchers shall be subject to the availability of annual ap3 propriations: Provided further, That the Secretary shall,
4 to the maximum extent practicable, administer such
5 vouchers with current regulations and administrative guid6 ance applicable to section 8 housing vouchers administered
7 by the Secretary of the Department of Housing and Urban
8 Development: Provided further, That if the Secretary de9 termines that the amount made available for vouchers in
10 this or any other Act is not needed for vouchers, the Sec11 retary may use such funds for the demonstration program
12 for the preservation and revitalization of multi-family
13 rental housing properties described in this paragraph: Pro14 vided further, That of the funds made available under this
15 heading, $20,000,000 shall be available for a demonstra16 tion program for the preservation and revitalization of the
17 sections 514, 515, and 516 multi-family rental housing
18 properties to restructure existing USDA multi-family
19 housing loans, as the Secretary deems appropriate, ex20 pressly for the purposes of ensuring the project has suffi21 cient resources to preserve the project for the purpose of
22 providing safe and affordable housing for low-income resi23 dents and farm laborers including reducing or eliminating
24 interest; deferring loan payments, subordinating, reducing
25 or reamortizing loan debt; and other financial assistance
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39
1 including advances, payments and incentives (including
2 the ability of owners to obtain reasonable returns on in3 vestment) required by the Secretary: Provided further,
4 That the Secretary shall as part of the preservation and
5 revitalization agreement obtain a restrictive use agreement
6 consistent with the terms of the restructuring: Provided
7 further, That if the Secretary determines that additional
8 funds for vouchers described in this paragraph are needed,
9 funds for the preservation and revitalization demonstra10 tion program may be used for such vouchers: Provided fur11 ther, That if Congress enacts legislation to permanently
12 authorize a multi-family rental housing loan restructuring
13 program similar to the demonstration program described
14 herein, the Secretary may use funds made available for
15 the demonstration program under this heading to carry
16 out such legislation with the prior approval of the Commit17 tees on Appropriations of both Houses of Congress: Pro18 vided further, That in addition to any other available
19 funds, the Secretary may expend not more than
20 $1,000,000 total, from the program funds made available
21 under this heading, for administrative expenses for activi22 ties funded under this heading.
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1
MUTUAL AND SELF-HELP HOUSING GRANTS
2
For grants and contracts pursuant to section
3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.
4 1490c), $25,000,000, to remain available until expended.
5
RURAL HOUSING ASSISTANCE GRANTS
6
For grants for very low-income housing repair and
7 rural housing preservation made by the Rural Housing
8 Service, as authorized by 42 U.S.C. 1474, and 1490m,
9 $32,239,000, to remain available until expended.
10
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
11
(INCLUDING TRANSFERS OF FUNDS)
12
For gross obligations for the principal amount of di-
13 rect and guaranteed loans as authorized by section 306
14 and described in section 381E(d)(1) of the Consolidated
15 Farm and Rural Development Act, $2,200,000,000 for di16 rect loans and $59,543,000 for guaranteed loans.
17
For the cost of guaranteed loans, including the cost
18 of modifying loans, as defined in section 502 of the Con19 gressional Budget Act of 1974, $3,775,000, to remain
20 available until expended.
21
For the cost of grants for rural community facilities
22 programs as authorized by section 306 and described in
23 section 381E(d)(1) of the Consolidated Farm and Rural
24 Development Act, $28,745,000, to remain available until
25 expended: Provided, That $5,967,000 of the amount ap-
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41
1 propriated under this heading shall be available for a
2 Rural Community Development Initiative: Provided fur3 ther, That such funds shall be used solely to develop the
4 capacity and ability of private, nonprofit community-based
5 housing and community development organizations, low6 income rural communities, and Federally Recognized Na7 tive American Tribes to undertake projects to improve
8 housing, community facilities, community and economic
9 development projects in rural areas: Provided further,
10 That such funds shall be made available to qualified pri11 vate, nonprofit and public intermediary organizations pro12 posing to carry out a program of financial and technical
13 assistance: Provided further, That such intermediary orga14 nizations shall provide matching funds from other sources,
15 including Federal funds for related activities, in an
16 amount not less than funds provided: Provided further,
17 That $5,778,000 of the amount appropriated under this
18 heading shall be to provide grants for facilities in rural
19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106–387), with up to 5 per21 cent for administration and capacity building in the State
22 rural
development
offices:
Provided
further,
That
23 $4,000,000 of the amount appropriated under this head24 ing shall be available for community facilities grants to
25 tribal colleges, as authorized by section 306(a)(19) of such
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42
1 Act: Provided further, That sections 381E–H and 381N
2 of the Consolidated Farm and Rural Development Act are
3 not applicable to the funds made available under this
4 heading.
5
RURAL BUSINESS—COOPERATIVE SERVICE
6
RURAL BUSINESS PROGRAM ACCOUNT
7
(INCLUDING TRANSFERS OF FUNDS)
8
For the cost of loan guarantees and grants, for the
9 rural business development programs authorized by sec10 tions 306 and 310B and described in subsections (f) and
11 (g) of section 310B and section 381E(d)(3) of the Consoli12 dated Farm and Rural Development Act, $96,539,000, to
13 remain available until expended: Provided, That of the
14 amount appropriated under this heading, not to exceed
15 $500,000 shall be made available for one grant to a quali16 fied national organization to provide technical assistance
17 for rural transportation in order to promote economic de18 velopment and $3,000,000 shall be for grants to the Delta
19 Regional Authority (7 U.S.C. 2009aa et seq.) for any
20 Rural Community Advancement Program purpose as de21 scribed in section 381E(d) of the Consolidated Farm and
22 Rural Development Act, of which not more than 5 percent
23 may be used for administrative expenses: Provided further,
24 That $4,000,000 of the amount appropriated under this
25 heading shall be for business grants to benefit Federally
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1 Recognized Native American Tribes, including $250,000
2 for a grant to a qualified national organization to provide
3 technical assistance for rural transportation in order to
4 promote economic development: Provided further, That
5 sections 381E–H and 381N of the Consolidated Farm and
6 Rural Development Act are not applicable to funds made
7 available under this heading.
8
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
9
(INCLUDING TRANSFER OF FUNDS)
10
For the principal amount of direct loans, as author-
11 ized by the Rural Development Loan Fund (42 U.S.C.
12 9812(a)), $18,889,000.
13
For the cost of direct loans, $4,082,000, as author-
14 ized by the Rural Development Loan Fund (42 U.S.C.
15 9812(a)), of which $531,000 shall be available through
16 June 30, 2014, for Federally Recognized Native American
17 Tribes; and of which $1,021,000 shall be available through
18 June 30, 2014, for Mississippi Delta Region counties (as
19 determined in accordance with Public Law 100–460): Pro20 vided, That such costs, including the cost of modifying
21 such loans, shall be as defined in section 502 of the Con22 gressional Budget Act of 1974.
23
In addition, for administrative expenses to carry out
24 the direct loan programs, $4,439,000 shall be transferred
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1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’.
3
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
4
ACCOUNT
5
(INCLUDING RESCISSION OF FUNDS)
6
For the principal amount of direct loans, as author-
7 ized under section 313 of the Rural Electrification Act,
8 for the purpose of promoting rural economic development
9 and job creation projects, $33,077,000.
10
Of the funds derived from interest on the cushion of
11 credit payments, as authorized by section 313 of the Rural
12 Electrification Act of 1936, $172,000,000 shall not be ob13 ligated and $172,000,000 are rescinded.
14
RURAL COOPERATIVE DEVELOPMENT GRANTS
15
For rural cooperative development grants authorized
16 under section 310B(e) of the Consolidated Farm and
17 Rural Development Act (7 U.S.C. 1932), $26,050,000, of
18 which $2,250,000 shall be for cooperative agreements for
19 the appropriate technology transfer for rural areas pro20 gram: Provided, That not to exceed $3,000,000 shall be
21 for grants for cooperative development centers, individual
22 cooperatives, or groups of cooperatives that serve socially
23 disadvantaged groups and a majority of the boards of di24 rectors or governing boards of which are comprised of in25 dividuals who are members of socially disadvantaged
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45
1 groups; and of which $15,000,000, to remain available
2 until expended, shall be for value-added agricultural prod3 uct market development grants, as authorized by section
4 231 of the Agricultural Risk Protection Act of 2000 (7
5 U.S.C. 1632a).
6
RURAL ENERGY FOR AMERICA PROGRAM
7
For the cost of a program of loan guarantees, under
8 the same terms and conditions as authorized by section
9 9007 of the Farm Security and Rural Investment Act of
10 2002 (7 U.S.C. 8107), $3,500,000: Provided, That the
11 cost of loan guarantees, including the cost of modifying
12 such loans, shall be as defined in section 502 of the Con13 gressional Budget Act of 1974.
14
RURAL UTILITIES SERVICE
15
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
16
(INCLUDING TRANSFERS OF FUNDS)
17
For the cost of direct loans, loan guarantees, and
18 grants for the rural water, waste water, waste disposal,
19 and solid waste management programs authorized by sec20 tions 306, 306A, 306C, 306D, 306E, and 310B and de21 scribed in sections 306C(a)(2), 306D, 306E, and
22 381E(d)(2) of the Consolidated Farm and Rural Develop23 ment Act, $462,371,000, to remain available until ex24 pended, of which not to exceed $1,000,000 shall be avail25 able for the rural utilities program described in section
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46
1 306(a)(2)(B) of such Act, and of which not to exceed
2 $993,000 shall be available for the rural utilities program
3 described in section 306E of such Act: Provided, That
4 $66,500,000 of the amount appropriated under this head5 ing shall be for loans and grants including water and
6 waste
disposal
systems
grants
authorized
by
7 306C(a)(2)(B) and 306D of the Consolidated Farm and
8 Rural Development Act, Federally recognized Native
9 American Tribes authorized by 306C(a)(1), and the De10 partment of Hawaiian Home Lands (of the State of Ha11 waii): Provided further, That funding provided for section
12 306D of the Consolidated Farm and Rural Development
13 Act may be provided to a consortium formed pursuant to
14 section 325 of Public Law 105–83: Provided further, That
15 not more than 2 percent of the funding provided for sec16 tion 306D of the Consolidated Farm and Rural Develop17 ment Act may be used by the State of Alaska for training
18 and technical assistance programs and not more than 2
19 percent of the funding provided for section 306D of the
20 Consolidated Farm and Rural Development Act may be
21 used by a consortium formed pursuant to section 325 of
22 Public Law 105–83 for training and technical assistance
23 programs:
Provided
further,
That
not
to
exceed
24 $19,000,000 of the amount appropriated under this head25 ing shall be for technical assistance grants for rural water
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47
1 and waste systems pursuant to section 306(a)(14) of such
2 Act, unless the Secretary makes a determination of ex3 treme need, of which $6,000,000 shall be made available
4 for a grant to a qualified non-profit multi-state regional
5 technical assistance organization, with experience in work6 ing with small communities on water and waste water
7 problems, the principal purpose of such grant shall be to
8 assist rural communities with populations of 3,300 or less,
9 in improving the planning, financing, development, oper10 ation, and management of water and waste water systems,
11 and of which not less than $800,000 shall be for a quali12 fied national Native American organization to provide
13 technical assistance for rural water systems for tribal com14 munities:
Provided
further,
That
not
to
exceed
15 $15,000,000 of the amount appropriated under this head16 ing shall be for contracting with qualified national organi17 zations for a circuit rider program to provide technical as18 sistance for rural water systems: Provided further, That
19 not to exceed $4,000,000 shall be for solid waste manage20 ment grants: Provided further, That $10,000,000 of the
21 amount appropriated under this heading shall be trans22 ferred to, and merged with, the Rural Utilities Service,
23 High Energy Cost Grants Account to provide grants au24 thorized under section 19 of the Rural Electrification Act
25 of 1936 (7 U.S.C. 918a): Provided further, That any prior
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48
1 year balances for high-energy cost grants authorized by
2 section 19 of the Rural Electrification Act of 1936 (7
3 U.S.C. 918a) shall be transferred to and merged with the
4 Rural Utilities Service, High Energy Cost Grants Ac5 count: Provided further, That sections 381E–H and 381N
6 of the Consolidated Farm and Rural Development Act are
7 not applicable to the funds made available under this
8 heading.
9
For gross obligations for the principal amount of di-
10 rect loans as authorized by section 1006a of title 16 of
11 the United States Code, except for the limitations con12 tained in the last sentence of such section as well as limita13 tions in section 1002 of title 16, as determined by the Sec14 retary, for projects whose features include agricultural
15 water supply benefits, groundwater protection, and envi16 ronmental enhancement, $40,000,000: Provided, That
17 such loans shall be made by the Rural Utilities Service:
18 Provided further, That the Secretary may treat these
19 projects as works of improvement pursuant to Public Law
20 83–566: Provided further, That the Secretary may adopt
21 a watershed plan developed by the Army Corps of Engi22 neers with respect to such projects.
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49
1
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
2
LOANS PROGRAM ACCOUNT
3
(INCLUDING TRANSFER OF FUNDS)
4
The principal amount of direct and guaranteed loans
5 as authorized by sections 305 and 306 of the Rural Elec6 trification Act of 1936 (7 U.S.C. 935 and 936) shall be
7 made as follows: loans made pursuant to section 306 of
8 that Act, rural electric, $5,000,000,000; guaranteed un9 derwriting loans pursuant to section 313A, $500,000,000;
10 5 percent rural telecommunications loans, cost of money
11 rural telecommunications loans, and for loans made pursu12 ant to section 306 of that Act, rural telecommunications
13 loans,
$690,000,000:
Provided,
That
up
to
14 $2,000,000,000 shall be used for the construction, acquisi15 tion, or improvement of fossil-fueled electric generating
16 plants (whether new or existing) that utilize carbon se17 questration systems.
18
In addition, for administrative expenses necessary to
19 carry out the direct and guaranteed loan programs,
20 $34,478,000, which shall be transferred to and merged
21 with the appropriation for ‘‘Rural Development, Salaries
22 and Expenses’’.
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50
1
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
2
PROGRAM
3
For the principal amount of broadband telecommuni-
4 cation loans, $34,483,000.
5
For grants for telemedicine and distance learning
6 services in rural areas, as authorized by 7 U.S.C. 950aaa
7 et seq., $24,323,000, to remain available until expended:
8 Provided, That $3,000,000 shall be made available for
9 grants authorized by 379G of the Consolidated Farm and
10 Rural Development Act: Provided further, That funding
11 provided under this heading for grants under 379G of the
12 Consolidated Farm and Rural Development Act may only
13 be provided to entities that meet all of the eligibility cri14 teria for a consortium as established by this section: Pro15 vided further, That $2,000,000 shall be made available to
16 those noncommercial educational television broadcast sta17 tions that serve rural areas and are qualified for Commu18 nity Service Grants by the Corporation for Public Broad19 casting under section 396(k) of the Communications Act
20 of 1934, including associated translators and repeaters,
21 regardless of the location of their main transmitter, stu22 dio-to-transmitter links, and equipment to allow local con23 trol over digital content and programming through the use
24 of high-definition broadcast, multi-casting and datacasting
25 technologies.
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51
1
For the cost of broadband loans, as authorized by
2 section 601 of the Rural Electrification Act, $4,500,000,
3 to remain available until expended: Provided, That the
4 cost of direct loans shall be as defined in section 502 of
5 the Congressional Budget Act of 1974.
6
In addition, $10,372,000, to remain available until
7 expended, for a grant program to finance broadband
8 transmission in rural areas eligible for Distance Learning
9 and Telemedicine Program benefits authorized by 7
10 U.S.C. 950aaa.
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1
TITLE IV
2
DOMESTIC FOOD PROGRAMS
3
OFFICE
4
OF THE
NUTRITION
5
UNDER SECRETARY
AND
FOR
FOOD,
CONSUMER SERVICES
For necessary expenses of the Office of the Under
6 Secretary for Food, Nutrition and Consumer Services,
7 $811,000.
8
FOOD
9
AND
NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
10
(INCLUDING TRANSFERS OF FUNDS)
11
For necessary expenses to carry out the Richard B.
12 Russell National School Lunch Act (42 U.S.C. 1751 et
13 seq.), except section 21, and the Child Nutrition Act of
14 1966 (42 U.S.C. 1771 et seq.), except sections 17 and
15 21; $19,287,957,000, to remain available through Sep16 tember 30, 2015, of which such sums as are made avail17 able under section 14222(b)(1) of the Food, Conservation,
18 and Energy Act of 2008 (Public Law 110–246), as
19 amended by this Act, shall be merged with and available
20 for the same time period and purposes as provided herein:
21 Provided, That of the total amount available, $17,004,000
22 shall be available to carry out section 19 of the Child Nu23 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
24 further, That of the total amount available, $25,000,000
25 shall be available to provide competitive grants to State
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53
1 agencies for subgrants to local educational agencies and
2 schools to purchase the equipment needed to serve
3 healthier meals, improve food safety, and to help support
4 the establishment, maintenance, or expansion of the school
5 breakfast program.
6
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
7
WOMEN, INFANTS, AND CHILDREN (WIC)
8
For necessary expenses to carry out the special sup-
9 plemental nutrition program as authorized by section 17
10 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
11 $6,715,841,000, to remain available through September
12 30, 2015, of which such sums as are necessary to restore
13 the contingency reserve to $125,000,000 shall be placed
14 in reserve, to remain available until expended, to be allo15 cated as the Secretary deemed necessary, notwithstanding
16 section 17(i) of such Act, to support participation should
17 cost or participation exceed budget estimates: Provided,
18 That notwithstanding section 17(h)(10) of the Child Nu19 trition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
20 $60,000,000 shall be used for breastfeeding peer coun21 selors and other related activities, $14,000,000 shall be
22 used for infrastructure, and $30,000,000 shall be used for
23 management information systems: Provided further, That
24 none of the funds provided in this account shall be avail25 able for the purchase of infant formula except in accord-
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1 ance with the cost containment and competitive bidding
2 requirements specified in section 17 of such Act: Provided
3 further, That none of the funds provided shall be available
4 for activities that are not fully reimbursed by other Fed5 eral Government departments or agencies unless author6 ized by section 17 of such Act: Provided further, That
7 upon termination of a federally-mandated vendor morato8 rium and subject to terms and conditions established by
9 the Secretary, the Secretary may waive the requirement
10 at 7 CFR 246.12(g)(6) at the request of a State agency.
11
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
12
For necessary expenses to carry out the Food and
13 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
14 $82,169,945,000, of which $3,000,000,000, to remain
15 available through September 30, 2015, shall be placed in
16 reserve for use only in such amounts and at such times
17 as may become necessary to carry out program operations:
18 Provided, That funds provided herein shall be expended
19 in accordance with section 16 of the Food and Nutrition
20 Act of 2008: Provided further, That of the funds made
21 available under this heading, $998,000 may be used to
22 provide nutrition education services to State agencies and
23 Federally recognized tribes participating in the Food Dis24 tribution Program on Indian Reservations: Provided fur25 ther, That this appropriation shall be subject to any work
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55
1 registration or workfare requirements as may be required
2 by law: Provided further, That funds made available for
3 Employment and Training under this heading shall re4 main available until expended, notwithstanding section
5 16(h)(1) of the Food and Nutrition Act of 2008: Provided
6 further, That funds made available under this heading for
7 section 28(d)(1) of the Food and Nutrition Act of 2008
8 shall remain available through September 30, 2015: Pro9 vided further, That funds made available under this head10 ing may be used to enter into contracts and employ staff
11 to conduct studies, evaluations, or to conduct activities re12 lated to program integrity provided that such activities are
13 authorized by the Food and Nutrition Act of 2008.
14
COMMODITY ASSISTANCE PROGRAM
15
For necessary expenses to carry out disaster assist-
16 ance and the Commodity Supplemental Food Program as
17 authorized by section 4(a) of the Agriculture and Con18 sumer Protection Act of 1973 (7 U.S.C. 612c note); the
19 Emergency Food Assistance Act of 1983; special assist20 ance for the nuclear affected islands, as authorized by sec21 tion 103(f)(2) of the Compact of Free Association Amend22 ments Act of 2003 (Public Law 108–188); and the Farm23 ers’ Market Nutrition Program, as authorized by section
24 17(m) of the Child Nutrition Act of 1966, $269,701,000,
25 to remain available through September 30, 2015: Pro-
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56
1 vided, That none of these funds shall be available to reim2 burse the Commodity Credit Corporation for commodities
3 donated to the program: Provided further, That notwith4 standing any other provision of law, effective with funds
5 made available in fiscal year 2014 to support the Seniors
6 Farmers’ Market Nutrition Program, as authorized by
7 section 4402 of the Farm Security and Rural Investment
8 Act of 2002, such funds shall remain available through
9 September 30, 2015: Provided further, That of the funds
10 made available under section 27(a) of the Food and Nutri11 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may
12 use up to 10 percent for costs associated with the distribu13 tion of commodities.
14
NUTRITION PROGRAMS ADMINISTRATION
15
For necessary administrative expenses of the Food
16 and Nutrition Service for carrying out any domestic nutri17 tion assistance program, $141,348,000: Provided, That of
18 the funds provided herein, $2,000,000 shall be used for
19 the purposes of section 4404 of Public Law 107–171, as
20 amended by section 4401 of Public Law 110–246.
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57
1
TITLE V
2
FOREIGN ASSISTANCE AND RELATED
3
PROGRAMS
4
FOREIGN AGRICULTURAL SERVICE
5
SALARIES AND EXPENSES
6
(INCLUDING TRANSFERS OF FUNDS)
7
For necessary expenses of the Foreign Agricultural
8 Service, including not to exceed $158,000 for representa9 tion allowances and for expenses pursuant to section 8 of
10 the Act approved August 3, 1956 (7 U.S.C. 1766),
11 $177,863,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and
14 private organizations and institutions under agreements
15 executed pursuant to the agricultural food production as16 sistance programs (7 U.S.C. 1737) and the foreign assist17 ance programs of the United States Agency for Inter18 national Development: Provided further, That funds made
19 available for middle-income country training programs,
20 funds made available for the Borlaug International Agri21 cultural Science and Technology Fellowship program, and
22 up to $2,000,000 of the Foreign Agricultural Service ap23 propriation solely for the purpose of offsetting fluctuations
24 in international currency exchange rates, subject to docu-
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58
1 mentation by the Foreign Agricultural Service, shall re2 main available until expended.
3
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD
4
FOR PROGRESS PROGRAM ACCOUNT
5
(INCLUDING TRANSFERS OF FUNDS)
6
For administrative expenses to carry out the credit
7 program of title I, Food for Peace Act (Public Law 83–
8 480) and the Food for Progress Act of 1985, $2,735,000,
9 shall be transferred to and merged with the appropriation
10 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro11 vided, That funds made available for the cost of agree12 ments under title I of the Agricultural Trade Development
13 and Assistance Act of 1954 and for title I ocean freight
14 differential may be used interchangeably between the two
15 accounts with prior notice to the Committees on Appro16 priations of both Houses of Congress.
17
FOOD FOR PEACE TITLE II GRANTS
18
For expenses during the current fiscal year, not oth-
19 erwise recoverable, and unrecovered prior years’ costs, in20 cluding interest thereon, under the Food for Peace Act
21 (Public Law 83–480, as amended), for commodities sup22 plied in connection with dispositions abroad under title II
23 of said Act, $1,466,000,000, to remain available until ex24 pended: Provided, That for purposes of funds appropriated
25 under this heading, in addition to amounts made available
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59
1 under section 202(e)(1) of the Food for Peace Act, of the
2 total amount provided under this heading, $35,000,000
3 shall be made available pursuant to section 202(e)(1) of
4 the Food for Peace Act to eligible organizations: Provided
5 further, That funds made available pursuant to section
6 202(e)(1) of the Food for Peace Act to eligible organiza7 tions may, in addition to the purposes set forth in section
8 202(e)(1)(A)–(C), be made available to assist such organi9 zations to carry out activities consistent with section
10 203(d)(1)–(3) of the Food for Peace Act: Provided further,
11 That notwithstanding any other provision of law, the re12 quirements pursuant to 7 U.S.C. 1736f(e)(1) may be
13 waived for any amounts higher than those specified under
14 this authority for fiscal year 2009.
15
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
16
AND CHILD NUTRITION PROGRAM GRANTS
17
For necessary expenses to carry out the provisions
18 of section 3107 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 1736o–1), $185,126,000, to
20 remain available until expended: Provided, That the Com21 modity Credit Corporation is authorized to provide the
22 services, facilities, and authorities for the purpose of im23 plementing such section, subject to reimbursement from
24 amounts provided herein.
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60
1
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
2
CREDIT GUARANTEE PROGRAM ACCOUNT
3
(INCLUDING TRANSFERS OF FUNDS)
4
For administrative expenses to carry out the Com-
5 modity Credit Corporation’s export guarantee program,
6 GSM 102 and GSM 103, $6,748,000; to cover common
7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity
9 with the Federal Credit Reform Act of 1990, of which
10 $6,394,000 shall be transferred to and merged with the
11 appropriation for ‘‘Foreign Agricultural Service, Salaries
12 and Expenses’’, and of which $354,000 shall be trans13 ferred to and merged with the appropriation for ‘‘Farm
14 Service Agency, Salaries and Expenses’’.
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61
1
TITLE VI
2
RELATED AGENCIES AND FOOD AND DRUG
3
ADMINISTRATION
4
DEPARTMENT
OF
HEALTH
AND
HUMAN SERVICES
5
FOOD AND DRUG ADMINISTRATION
6
SALARIES AND EXPENSES
7
For necessary expenses of the Food and Drug Ad-
8 ministration, including hire and purchase of passenger
9 motor vehicles; for payment of space rental and related
10 costs pursuant to Public Law 92–313 for programs and
11 activities of the Food and Drug Administration which are
12 included in this Act; for rental of special purpose space
13 in the District of Columbia or elsewhere; for miscellaneous
14 and emergency expenses of enforcement activities, author15 ized and approved by the Secretary and to be accounted
16 for solely on the Secretary’s certificate, not to exceed
17 $25,000; and notwithstanding section 521 of Public Law
18 107–188; $4,346,670,000: Provided, That of the amount
19 provided under this heading, $760,000,000 shall be de20 rived from prescription drug user fees authorized by 21
21 U.S.C. 379h, and shall be credited to this account and
22 remain available until expended; $114,833,000 shall be de23 rived from medical device user fees authorized by 21
24 U.S.C. 379j, and shall be credited to this account and re25 main available until expended; $305,996,000 shall be de-
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62
1 rived from human generic drug user fees authorized by
2 21 U.S.C. 379j–42, and shall be credited to this account
3 and remain available until expended; $20,716,000 shall be
4 derived from biosimilar biological product user fees au5 thorized by 21 U.S.C. 379j–52, and shall be credited to
6 this account and remain available until expended;
7 $23,600,000 shall be derived from animal drug user fees
8 authorized by 21 U.S.C. 379j–12, and shall be credited
9 to this account and remain available until expended;
10 $7,328,000 shall be derived from animal generic drug user
11 fees authorized by 21 U.S.C. 379j–21, and shall be cred12 ited to this account and remain available until expended;
13 $534,000,000 shall be derived from tobacco product user
14 fees authorized by 21 U.S.C. 387s, and shall be credited
15 to this account and remain available until expended;
16 $12,925,000 shall be derived from food and feed recall
17 fees authorized by 21 U.S.C. 379j–31, and shall be cred18 ited to this account and remain available until expended;
19 $15,367,000 shall be derived from food reinspection fees
20 authorized by 21 U.S.C. 379j–31, and shall be credited
21 to this account and remain available until expended; and
22 amounts derived from voluntary qualified importer pro23 gram fees authorized by 21 U.S.C. 379j–31 shall be cred24 ited to this account and remain available until expended:
25 Provided further, That in addition and notwithstanding
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63
1 any other provision under this heading, amounts collected
2 for prescription drug user fees, medical device user fees,
3 human generic drug user fees, biosimilar biological prod4 uct user fees, animal drug user fees, and animal generic
5 drug user fees that exceed the respective fiscal year 2014
6 limitations are appropriated and shall be credited to this
7 account and remain available until expended: Provided fur8 ther, That fees derived from prescription drug, medical de9 vice, human generic drug, biosimilar biological product,
10 animal drug, and animal generic drug assessments for fis11 cal year 2014, including any such fees collected prior to
12 fiscal year 2014 but credited for fiscal year 2014, shall
13 be subject to the fiscal year 2014 limitations: Provided fur14 ther, That the Secretary may accept payment during fiscal
15 year 2014 of user fees specified under this heading and
16 authorized for fiscal year 2015, prior to the due date for
17 such fees, and that amounts of such fees assessed for fis18 cal year 2015 for which the Secretary accepts payment
19 in fiscal year 2014 shall not be included in amounts under
20 this heading: Provided further, That none of these funds
21 shall be used to develop, establish, or operate any program
22 of user fees authorized by 31 U.S.C. 9701: Provided fur23 ther, That of the total amount appropriated: (1)
24 $900,259,000 shall be for the Center for Food Safety and
25 Applied Nutrition and related field activities in the Office
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64
1 of Regulatory Affairs; (2) $1,289,304,000 shall be for the
2 Center for Drug Evaluation and Research and related
3 field activities in the Office of Regulatory Affairs; (3)
4 $337,543,000 shall be for the Center for Biologics Evalua5 tion and Research and for related field activities in the
6 Office of Regulatory Affairs; (4) $173,207,000 shall be
7 for the Center for Veterinary Medicine and for related
8 field activities in the Office of Regulatory Affairs; (5)
9 $408,918,000 shall be for the Center for Devices and Ra10 diological Health and for related field activities in the Of11 fice of Regulatory Affairs; (6) $62,494,000 shall be for
12 the National Center for Toxicological Research; (7)
13 $501,476,000 shall be for the Center for Tobacco Prod14 ucts and for related field activities in the Office of Regu15 latory Affairs; (8) not to exceed $178,361,000 shall be for
16 Rent and Related activities, of which $61,922,000 is for
17 White Oak Consolidation, other than the amounts paid to
18 the General Services Administration for rent; (9) not to
19 exceed $219,907,000 shall be for payments to the General
20 Services Administration for rent; and (10) $275,201,000
21 shall be for other activities, including the Office of the
22 Commissioner of Food and Drugs, the Office of Foods and
23 Veterinary Medicine, the Office of Medical and Tobacco
24 Products, the Office of Global and Regulatory Policy, the
25 Office of Operations, the Office of the Chief Scientist, and
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65
1 central services for these offices: Provided further, That
2 not to exceed $25,000 of this amount shall be for official
3 reception and representation expenses, not otherwise pro4 vided for, as determined by the Commissioner: Provided
5 further, That any transfer of funds pursuant to section
6 770(n) of the Federal Food, Drug, and Cosmetic Act (21
7 U.S.C. 379dd(n)) shall only be from amounts made avail8 able under this heading for other activities: Provided fur9 ther, That funds may be transferred from one specified
10 activity to another with the prior approval of the Commit11 tees on Appropriations of both Houses of Congress.
12
In addition, mammography user fees authorized by
13 42 U.S.C. 263b, export certification user fees authorized
14 by 21 U.S.C. 381, and priority review user fees authorized
15 by 21 U.S.C. 360n may be credited to this account, to
16 remain available until expended.
17
BUILDINGS AND FACILITIES
18
For plans, construction, repair, improvement, exten-
19 sion, alteration, and purchase of fixed equipment or facili20 ties of or used by the Food and Drug Administration,
21 where not otherwise provided, $8,788,000, to remain
22 available until expended.
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1
INDEPENDENT AGENCIES
2
COMMODITY FUTURES TRADING COMMISSION
3
(INCLUDING TRANSFER OF FUNDS)
4
For necessary expenses to carry out the provisions
5 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in6 cluding the purchase and hire of passenger motor vehicles,
7 and the rental of space (to include multiple year leases)
8 in the District of Columbia and elsewhere, $215,000,000,
9 including not to exceed $3,000 for official reception and
10 representation expenses, and not to exceed $25,000 for the
11 expenses for consultations and meetings hosted by the
12 Commission with foreign governmental and other regu13 latory officials, of which $35,000,000, shall be for the pur14 chase of information technology until September 30, 2015,
15 and of which $1,420,000 shall be for the Office of the
16 Inspector General: Provided, That of the amounts made
17 available for information technology, the Chairman of the
18 Commodity Futures Trading Commission may transfer
19 not to exceed $10,000,000 for salaries and expenses: Pro20 vided further, That any transfer shall be subject to the
21 notification procedures set forth in section 721 of this Act
22 with respect to a reprogramming of funds and shall not
23 be available for obligation or expenditure except in compli24 ance with such procedures.
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1
FARM CREDIT ADMINISTRATION
2
LIMITATION ON ADMINISTRATIVE EXPENSES
3
Not to exceed $62,600,000 (from assessments col-
4 lected from farm credit institutions, including the Federal
5 Agricultural Mortgage Corporation) shall be obligated
6 during the current fiscal year for administrative expenses
7 as authorized under 12 U.S.C. 2249: Provided, That this
8 limitation shall not apply to expenses associated with re9 ceiverships: Provided further, That the agency may exceed
10 this limitation by up to 10 percent with notification to the
11 Committees on Appropriations of both Houses of Con12 gress: Provided further, That no funds available to the
13 Farm Credit Administration shall be used to implement
14 or enforce those portions of the final regulation published
15 in the Federal Register on October 3, 2012, (77 Fed. Reg.
16 60, 582–602), establishing a requirement that Farm Cred17 it System institutions hold an advisory vote on officer com18 pensation.
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1
TITLE VII
2
GENERAL PROVISIONS
3
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
4
SEC. 701. Within the unit limit of cost fixed by law,
5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this
7 Act shall be available for the purchase, in addition to those
8 specifically provided for, of not to exceed 69 passenger
9 motor vehicles of which 69 shall be for replacement only,
10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger
12 vehicles shall be for those determined by the Secretary to
13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and
15 public safety.
16
SEC. 702. Notwithstanding any other provision of
17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this
19 Act or any other available unobligated discretionary bal20 ances that are remaining available of the Department of
21 Agriculture to the Working Capital Fund for the acquisi22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the
25 Department of Agriculture, such transferred funds to re-
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69
1 main available until expended: Provided, That none of the
2 funds made available by this Act or any other Act shall
3 be transferred to the Working Capital Fund without the
4 prior approval of the agency administrator: Provided fur5 ther, That none of the funds transferred to the Working
6 Capital Fund pursuant to this section shall be available
7 for obligation without written notification to and the prior
8 approval of the Committees on Appropriations of both
9 Houses of Congress: Provided further, That none of the
10 funds appropriated by this Act or made available to the
11 Department’s Working Capital Fund shall be available for
12 obligation or expenditure to make any changes to the De13 partment’s National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by
16 section 721 of this Act: Provided further, That of annual
17 income amounts in the Working Capital Fund of the De18 partment of Agriculture allocated for the National Fi19 nance Center, the Secretary may reserve not more than
20 4 percent for the replacement or acquisition of capital
21 equipment, including equipment for the improvement and
22 implementation of a financial management plan, informa23 tion technology, and other systems of the National Fi24 nance Center or to pay any unforeseen, extraordinary cost
25 of the National Finance Center: Provided further, That
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70
1 none of the amounts reserved shall be available for obliga2 tion unless the Secretary submits written notification of
3 the obligation to the Committees on Appropriations of the
4 House of Representatives and the Senate: Provided fur5 ther, That the limitation on the obligation of funds pend6 ing notification to Congressional Committees shall not
7 apply to any obligation that, as determined by the Sec8 retary, is necessary to respond to a declared state of emer9 gency that significantly impacts the operations of the Na10 tional Finance Center; or to evacuate employees of the Na11 tional Finance Center to a safe haven to continue oper12 ations of the National Finance Center.
13
SEC. 703. No part of any appropriation contained in
14 this Act shall remain available for obligation beyond the
15 current fiscal year unless expressly so provided herein.
16
SEC. 704. No funds appropriated by this Act may be
17 used to pay negotiated indirect cost rates on cooperative
18 agreements or similar arrangements between the United
19 States Department of Agriculture and nonprofit institu20 tions in excess of 10 percent of the total direct cost of
21 the agreement when the purpose of such cooperative ar22 rangements is to carry out programs of mutual interest
23 between the two parties. This does not preclude appro24 priate payment of indirect costs on grants and contracts
25 with such institutions when such indirect costs are com-
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71
1 puted on a similar basis for all agencies for which appro2 priations are provided in this Act.
3
SEC. 705. Appropriations to the Department of Agri-
4 culture for the cost of direct and guaranteed loans made
5 available in the current fiscal year shall remain available
6 until expended to disburse obligations made in the current
7 fiscal year for the following accounts: the Rural Develop8 ment Loan Fund program account, the Rural Electrifica9 tion and Telecommunication Loans program account, and
10 the Rural Housing Insurance Fund program account.
11
SEC. 706. None of the funds made available to the
12 Department of Agriculture by this Act may be used to ac13 quire new information technology systems or significant
14 upgrades, as determined by the Office of the Chief Infor15 mation Officer, without the approval of the Chief Informa16 tion Officer and the concurrence of the Executive Informa17 tion Technology Investment Review Board: Provided, That
18 notwithstanding any other provision of law, none of the
19 funds appropriated or otherwise made available by this
20 Act may be transferred to the Office of the Chief Informa21 tion Officer without written notification to and the prior
22 approval of the Committees on Appropriations of both
23 Houses of Congress: Provided further, That none of the
24 funds available to the Department of Agriculture for infor25 mation technology shall be obligated for projects over
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72
1 $25,000 prior to receipt of written approval by the Chief
2 Information Officer.
3
SEC. 707. Funds made available under section 1240I
4 and section 1241(a) of the Food Security Act of 1985 and
5 section 524(b) of the Federal Crop Insurance Act (7
6 U.S.C. 1524(b)) in the current fiscal year shall remain
7 available until expended to disburse obligations made in
8 the current fiscal year.
9
SEC. 708. Notwithstanding any other provision of
10 law, any former RUS borrower that has repaid or prepaid
11 an insured, direct or guaranteed loan under the Rural
12 Electrification Act of 1936, or any not-for-profit utility
13 that is eligible to receive an insured or direct loan under
14 such Act, shall be eligible for assistance under section
15 313(b)(2)(B) of such Act in the same manner as a bor16 rower under such Act.
17
SEC. 709. Notwithstanding any other provision of
18 law, for the purposes of a grant under section 412 of the
19 Agricultural Research, Extension, and Education Reform
20 Act of 1998, none of the funds in this or any other Act
21 may be used to prohibit the provision of in-kind support
22 from non-Federal sources under section 412(e)(3) of such
23 Act in the form of unrecovered indirect costs not otherwise
24 charged against the grant, consistent with the indirect
25 rate of cost approved for a recipient.
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73
1
SEC. 710. Except as otherwise specifically provided
2 by law, unobligated balances from appropriations made
3 available for salaries and expenses in this Act for the
4 Farm Service Agency and the Rural Development mission
5 area, shall remain available through September 30, 2015,
6 for information technology expenses.
7
SEC. 711. The Secretary of Agriculture may author-
8 ize a State agency to use funds provided in this Act to
9 exceed the maximum amount of liquid infant formula
10 specified in 7 CFR 246.10 when issuing liquid infant for11 mula to participants.
12
SEC. 712. None of the funds appropriated or other-
13 wise made available by this Act may be used for first-class
14 travel by the employees of agencies funded by this Act in
15 contravention of sections 301–10.122 through 301–10.124
16 of title 41, Code of Federal Regulations.
17
SEC. 713. In the case of each program established
18 or amended by the Food, Conservation, and Energy Act
19 of 2008 (Public Law 110–246), other than by title I or
20 subtitle A of title III of such Act, or programs for which
21 indefinite amounts were provided in that Act, that is au22 thorized or required to be carried out using funds of the
23 Commodity Credit Corporation—
24
(1) such funds shall be available for salaries
25
and related administrative expenses, including tech-
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74
1
nical assistance, associated with the implementation
2
of the program, without regard to the limitation on
3
the total amount of allotments and fund transfers
4
contained in section 11 of the Commodity Credit
5
Corporation Charter Act (15 U.S.C. 714i); and
6
(2) the use of such funds for such purpose shall
7
not be considered to be a fund transfer or allotment
8
for purposes of applying the limitation on the total
9
amount of allotments and fund transfers contained
10
in such section.
11
SEC. 714. None of the funds made available in fiscal
12 year 2014 or preceding fiscal years for programs author13 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.)
14 in excess of $20,000,000 shall be used to reimburse the
15 Commodity Credit Corporation for the release of eligible
16 commodities under section 302(f)(2)(A) of the Bill Emer17 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro18 vided, That any such funds made available to reimburse
19 the Commodity Credit Corporation shall only be used pur20 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu21 manitarian Trust Act.
22
SEC. 715. Of the funds made available by this Act,
23 not more than $1,800,000 shall be used to cover necessary
24 expenses of activities related to all advisory committees,
25 panels, commissions, and task forces of the Department
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75
1 of Agriculture, except for panels used to comply with nego2 tiated rule makings and panels used to evaluate competi3 tively awarded grants.
4
SEC. 716. None of the funds in this Act shall be avail-
5 able to pay indirect costs charged against any agricultural
6 research, education, or extension grant awards issued by
7 the National Institute of Food and Agriculture that exceed
8 30 percent of total Federal funds provided under each
9 award: Provided, That notwithstanding section 1462 of
10 the National Agricultural Research, Extension, and
11 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro12 vided by this Act for grants awarded competitively by the
13 National Institute of Food and Agriculture shall be avail14 able to pay full allowable indirect costs for each grant
15 awarded under section 9 of the Small Business Act (15
16 U.S.C. 638).
17
SEC. 717. Section 16(h)(1)(A) of the Food and Nu-
18 trition Act of 2008 (7 U.S.C. 2025(h)(1)(A)), is amended
19 by inserting ‘‘and fiscal year 2014’’ after ‘‘2013’’.
20
SEC. 718. None of the funds appropriated or other-
21 wise made available by this or any other Act shall be used
22 to pay the salaries and expenses of personnel to carry out
23 the following:
24
(1) The Watershed Rehabilitation program au-
25
thorized by section 14(h)(1) of the Watershed Pro-
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76
1
tection and Flood Prevention Act (16 U.S.C.
2
1012(h)(1)); and
3
(2) The Environmental Quality Incentives Pro-
4
gram as authorized by sections 1240–1240H of the
5
Food Security Act of 1985 (16 U.S.C. 3839aa–
6
3839aa–8) in excess of $1,350,000,000.
7
SEC. 719. None of the funds appropriated or other-
8 wise made available by this or any other Act shall be used
9 to pay the salaries and expenses of personnel to carry out
10 a program under subsection (b)(2)(A)(vi) of section 14222
11 of Public Law 110–246 in excess of $878,297,000, as fol12 lows: Child Nutrition Programs Entitlement Commod13 ities—$465,000,000;
14 $5,000,000;
State
Removal
of
Option
Defective
Contracts—
Commodities—
15 $2,500,000: Provided, That none of the funds made avail16 able in this Act or any other Act shall be used for salaries
17 and expenses to carry out in this fiscal year section
18 19(i)(1)(E) of the Richard B. Russell National School
19 Lunch Act, as amended, except in an amount that ex20 cludes the transfer of $119,000,000 of the funds to be
21 transferred under subsection (c) of section 14222 of Pub22 lic Law 110–246, until October 1, 2014: Provided further,
23 That $119,000,000 made available on October 1, 2014,
24 to carry out section 19(i)(1)(E) of the Richard B. Russell
25 National School Lunch Act, as amended, shall be excluded
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77
1 from the limitation described in subsection (b)(2)(A)(vii)
2 of section 14222 of Public Law 110–246: Provided further,
3 That none of the funds appropriated or otherwise made
4 available by this or any other Act shall be used to pay
5 the salaries or expenses of any employee of the Depart6 ment of Agriculture or officer of the Commodity Credit
7 Corporation to carry out clause 3 of section 32 of the Agri8 cultural Adjustment Act of 1935 (Public Law 74–320, 7
9 U.S.C. 612c, as amended), or for any surplus removal ac10 tivities or price support activities under section 5 of the
11 Commodity Credit Corporation Charter Act: Provided fur12 ther, That of the available unobligated balances under
13 (b)(2)(A)(vi) of section 14222 of Public Law 110–246,
14 $189,000,000 are hereby rescinded.
15
SEC. 720. None of the funds appropriated by this or
16 any other Act shall be used to pay the salaries and ex17 penses of personnel who prepare or submit appropriations
18 language as part of the President’s budget submission to
19 the Congress of the United States for programs under the
20 jurisdiction of the Appropriations Subcommittees on Agri21 culture, Rural Development, Food and Drug Administra22 tion, and Related Agencies that assumes revenues or re23 flects a reduction from the previous year due to user fees
24 proposals that have not been enacted into law prior to the
25 submission of the budget unless such budget submission
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78
1 identifies which additional spending reductions should
2 occur in the event the user fees proposals are not enacted
3 prior to the date of the convening of a committee of con4 ference for the fiscal year 2015 appropriations Act.
5
SEC. 721. (a) None of the funds provided by this Act,
6 or provided by previous Appropriations Acts to the agen7 cies funded by this Act that remain available for obligation
8 or expenditure in the current fiscal year, or provided from
9 any accounts in the Treasury of the United States derived
10 by the collection of fees available to the agencies funded
11 by this Act, shall be available for obligation or expenditure
12 through a reprogramming, transfer of funds, or reim13 bursements as authorized by the Economy Act, or in the
14 case of the Department of Agriculture, through use of the
15 authority provided by section 702(b) of the Department
16 of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
17 section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
18
(1) creates new programs;
19
(2) eliminates a program, project, or activity;
20
(3) increases funds or personnel by any means
21
for any project or activity for which funds have been
22
denied or restricted;
23
(4) relocates an office or employees;
24
(5) reorganizes offices, programs, or activities;
25
or
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79
1
(6) contracts out or privatizes any functions or
2
activities presently performed by Federal employees;
3 unless the Secretary of Agriculture, the Secretary of
4 Health and Human Services, or the Chairman of the Com5 modity Futures Trading Commission (as the case may be)
6 notifies, in writing, the Committees on Appropriations of
7 both Houses of Congress at least 30 days in advance of
8 the reprogramming of such funds or the use of such au9 thority.
10
(b) None of the funds provided by this Act, or pro-
11 vided by previous Appropriations Acts to the agencies
12 funded by this Act that remain available for obligation or
13 expenditure in the current fiscal year, or provided from
14 any accounts in the Treasury of the United States derived
15 by the collection of fees available to the agencies funded
16 by this Act, shall be available for obligation or expenditure
17 for activities, programs, or projects through a reprogram18 ming or use of the authorities referred to in subsection
19 (a) involving funds in excess of $500,000 or 10 percent,
20 whichever is less, that—
21
(1) augments existing programs, projects, or ac-
22
tivities;
23
(2) reduces by 10 percent funding for any exist-
24
ing program, project, or activity, or numbers of per-
25
sonnel by 10 percent as approved by Congress; or
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80
1
(3) results from any general savings from a re-
2
duction in personnel which would result in a change
3
in existing programs, activities, or projects as ap-
4
proved by Congress; unless the Secretary of Agri-
5
culture, the Secretary of Health and Human Serv-
6
ices, or the Chairman of the Commodity Futures
7
Trading Commission (as the case may be) notifies,
8
in writing, the Committees on Appropriations of
9
both Houses of Congress at least 30 days in advance
10
of the reprogramming or transfer of such funds or
11
the use of such authority.
12
(c) The Secretary of Agriculture, the Secretary of
13 Health and Human Services, or the Chairman of the Com14 modity Futures Trading Commission shall notify in writ15 ing the Committees on Appropriations of both Houses of
16 Congress before implementing any program or activity not
17 carried out during the previous fiscal year unless the pro18 gram or activity is funded by this Act or specifically fund19 ed by any other Act.
20
(d) As described in this section, no funds may be used
21 for any activities unless the Secretary of Agriculture, the
22 Secretary of Health and Human Services or the Chairman
23 of the Commodity Futures Trading Commission receives
24 from the Committee on Appropriations of both Houses of
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81
1 Congress written or electronic mail confirmation of receipt
2 of the notification as required in this section.
3
SEC. 722. Notwithstanding section 310B(g)(5) of the
4 Consolidated Farm and Rural Development Act (7 U.S.C.
5 1932(g)(5)), the Secretary may assess a one-time fee for
6 any guaranteed business and industry loan in an amount
7 that does not exceed 3 percent of the guaranteed principal
8 portion of the loan.
9
SEC. 723. None of the funds appropriated or other-
10 wise made available to the Department of Agriculture, the
11 Food and Drug Administration, the Commodity Futures
12 Trading Commission, or the Farm Credit Administration
13 shall be used to transmit or otherwise make available to
14 any non-Department of Agriculture, non-Department of
15 Health and Human Services, non-Commodity Futures
16 Trading Commission, or non-Farm Credit Administration
17 employee questions or responses to questions that are a
18 result of information requested for the appropriations
19 hearing process.
20
SEC. 724. Unless otherwise authorized by existing
21 law, none of the funds provided in this Act, may be used
22 by an executive branch agency to produce any pre23 packaged news story intended for broadcast or distribution
24 in the United States unless the story includes a clear noti25 fication within the text or audio of the prepackaged news
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82
1 story that the prepackaged news story was prepared or
2 funded by that executive branch agency.
3
SEC. 725. No employee of the Department of Agri-
4 culture may be detailed or assigned from an agency or
5 office funded by this Act or any other Act to any other
6 agency or office of the Department for more than 30 days
7 unless the individual’s employing agency or office is fully
8 reimbursed by the receiving agency or office for the salary
9 and expenses of the employee for the period of assignment.
10
SEC. 726. None of the funds made available by this
11 Act may be used to pay the salaries and expenses of per12 sonnel who provide nonrecourse marketing assistance
13 loans for mohair under section 1201 of the Food, Con14 servation, and Energy Act of 2008 (7 U.S.C. 8731).
15
SEC. 727. Of the unobligated balances in the Natural
16 Resources Conservation Service, Resource Conservation
17 and Development Account, $2,017,000 are hereby perma18 nently cancelled: Provided, That no amounts may be can19 celled from amounts that were designated by the Congress
20 as an emergency requirement pursuant to the Concurrent
21 Resolution on the Budget or the Balanced Budget and
22 Emergency Deficit Control Act of 1985, as amended.
23
SEC. 728. There is hereby appropriated $1,996,000
24 to carry out section 1621 of Public Law 110–246.
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83
1
SEC. 729. There is hereby appropriated $600,000 for
2 the purposes of section 727 of division A of Public Law
3 112–55.
4
SEC. 730. Not later than 30 days after the date of
5 enactment of this Act, the Secretary of Agriculture, the
6 Commissioner of the Food and Drug Administration, and
7 the Chairman of the Farm Credit Administration shall
8 submit to the Committees on Appropriations of the House
9 of Representatives and the Senate a detailed spending
10 plan by program, project, and activity for the funds made
11 available under this Act.
12
SEC. 731. Of the unobligated balances available to
13 the Department of Agriculture under the account ‘‘Agri14 culture Buildings and Facilities and Rental Payments’’,
15 $30,000,000 are rescinded: Provided, That no amount
16 may be rescinded from funds made available for payments
17 to the General Services Administration for rent and funds
18 made available for payments to the Department of Home19 land Security for building security activities.
20
SEC. 732. Funds made available under title II of the
21 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
22 used to provide assistance to recipient nations if adequate
23 monitoring and controls, as determined by the Adminis24 trator of the U.S. Agency for International Development,
25 are in place to ensure that emergency food aid is received
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84
1 by the intended beneficiaries in areas affected by food
2 shortages and not diverted for unauthorized or inappro3 priate purposes.
4
SEC. 733. Of the unobligated balance of funds avail-
5 able to the Department of Agriculture for the cost of sec6 tion 502 single family housing guaranteed loans for fiscal
7 years 2007 through 2010 under the heading ‘‘Rural De8 velopment Programs—Rural Housing Service—Rural
9 Housing Insurance Fund Program Account’’ in prior ap10 propriations Acts, $1,314,000 is rescinded.
11
SEC. 734. Of the unobligated balances provided pur-
12 suant to section 9005(g)(1) of the Farm Security and
13 Rural Investment Act of 2002 (7 U.S.C. 8105(g)(1)),
14 $8,000,000 are hereby rescinded.
15
SEC. 735. The Secretary shall expand the pilot pro-
16 gram currently in effect for packaging section 502 single
17 family direct loans and not later than 90 days after enact18 ment of this Act enter into Memorandums of Under19 standing with not less than 5 qualified intermediary orga20 nizations to work in coordination with the Secretary to
21 increase the effectiveness of the section 502 single family
22 direct loan program in States and communities currently
23 not served under the existing pilot program.
24
SEC. 736. None of the funds appropriated or other-
25 wise made available by this or any other Act shall be used
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85
1 to pay the salaries and expenses of personnel to carry out
2 section 307(b) of division C of the Omnibus Consolidated
3 and Emergency Supplemental Appropriations Act, 1999
4 (Public Law 105–277; 112 Stat. 2681–640) in excess of
5 $4,000,000.
6
SEC. 737. None of the funds made available by this
7 Act may be used to reclassify any area eligible for rural
8 housing programs of the Rural Housing Service on Sep9 tember 30, 2013 as not eligible for such programs.
10
SEC. 738. Funds received by the Secretary of Agri-
11 culture in the global settlement of any Federal litigation
12 concerning Federal mortgage loans during fiscal year
13 2012 may be obligated and expended, in addition to any
14 other available funds, by the Rural Housing Service to pay
15 for costs associated with servicing single family housing
16 loans guaranteed by the Rural Housing Service and such
17 funds shall remain available until expended.
18
SEC. 739. In addition to amounts otherwise made
19 available by this Act and notwithstanding the last sentence
20 of 16 U.S.C. 1310, there is appropriated $4,000,000, to
21 remain available until expended, to implement non-renew22 able agreements on eligible lands, including flooded agri23 cultural lands, as determined by the Secretary, under the
24 Water Bank Act (16 U.S.C. 1301–1311).
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86
1
SEC. 740. (a) DESIGNATION.—The Federal building
2 located at 64 Nowelo Street, Hilo, Hawaii, shall be known
3 and designated as the ‘‘Daniel K. Inouye United States
4 Pacific Basin Agricultural Research Center’’.
5
(b) REFERENCES.—Any reference in a law, map, reg-
6 ulation, document, paper, or other record of the United
7 States to the Federal building referred to in subsection
8 (a) shall be deemed to be a reference to the ‘‘Daniel K.
9 Inouye United States Pacific Basin Agricultural Research
10 Center’’.
11
SEC. 741. Of the unobligated balances provided pur-
12 suant to section 9003(h)(1) of the Farm Security and
13 Rural Investment Act of 2002 (7 U.S.C. 8103(h)(1)),
14 $40,694,000 are hereby rescinded.
15
SEC. 742. For loans and loan guarantees that do not
16 require budget authority and the program level has been
17 established in this Act, the Secretary of Agriculture may
18 increase the program level for such loans and loan guaran19 tees by not more than 25 percent: Provided, That prior
20 to the Secretary implementing such an increase, the Sec21 retary notifies, in writing, the Committees on Appropria22 tions of both Houses of Congress at least 15 days in ad23 vance.
24
SEC. 743. (a)(1) There is hereby appropriated
25 $1,000,000 to conduct an assessment of the existing (as
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87
1 of the date of the enactment of this Act) and prospective
2 scope of domestic hunger and food insecurity in accord3 ance with this section.
4
(2) The Secretary of Agriculture shall select, through
5 a competitive process, and enter into an agreement with
6 an independent, private-sector entity that is an organiza7 tion described in section 501(c)(3) of the Internal Revenue
8 Code of 1986 and exempt from tax under section 501(a)
9 of such Code, that has recognized credentials and exper10 tise in domestic hunger affairs to—
11
(A) conduct the assessment required under sub-
12
section (a); and
13
(B) provide technical expertise to the National
14
Commission on Hunger established under subsection
15
(b).
16
(3) Not later than 180 days after the date of the en-
17 actment of this Act, the entity selected in accordance with
18 paragraph (2) shall submit to the President and Congress
19 and make publicly available a report containing the assess20 ment required under this subsection and any policy rec21 ommendations that such entity considers appropriate.
22
(b)(1) There is established a commission to be known
23 as the ‘‘National Commission on Hunger’’ (in this section
24 referred to as the ‘‘Commission’’).
25
(2) The Commission shall—
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88
1
(A) provide policy recommendations to Congress
2
and the Secretary to more effectively use existing (as
3
of the date of the enactment of this Act) programs
4
and funds of the Department of Agriculture to com-
5
bat domestic hunger and food insecurity; and
6
(B) develop innovative recommendations to en-
7
courage public-private partnerships, faith-based sec-
8
tor engagement, and community initiatives to reduce
9
the need for government nutrition assistance pro-
10
grams, while protecting the safety net for the most
11
vulnerable members of society.
12
(3) The Commission shall be composed of 10 mem-
13 bers, of whom—
14
(A) 3 members shall be appointed by the
15
Speaker of the House of Representatives;
16
(B) 2 members shall be appointed by the minor-
17
ity leader of the House of Representatives;
18
(C) 3 members shall be appointed by the major-
19
ity leader of the Senate; and
20
(D) 2 members shall be appointed by the mi-
21
nority leader of the Senate.
22
SEC. 744. None of the funds made available by this
23 or any other Act may be used to write, prepare, or publish
24 a final rule or an interim final rule in furtherance of, or
25 otherwise to implement, ‘‘Implementation of Regulations
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89
1 Required Under Title XI, of the Food, Conservation and
2 Energy Act of 2008; Conduct in Violation of the Act’’ (75
3 Fed. Reg. 35338 (June 22, 2010)) unless the combined
4 annual cost to the economy of such rules does not exceed
5 $100,000,000: Provided, That none of the funds made
6 available by this or any other Act may be used to publish
7 a final or interim final rule in furtherance of, or to other8 wise implement, proposed sections 201.2(l), 201.2(t),
9 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or
10 201.214 of ‘‘Implementation of Regulations Required
11 Under Title XI of the Food, Conservation and Energy Act
12 of 2008; Conduct in Violation of the Act’’ (75 Fed. Reg.
13 35338 (June 22, 2010)).
14
SEC. 745. None of the funds made available in this
15 Act may be used to pay the salaries or expenses of per16 sonnel to—
17
(1) inspect horses under section 3 of the Fed-
18
eral Meat Inspection Act (21 U.S.C. 603);
19
(2) inspect horses under section 903 of the
20
Federal Agriculture Improvement and Reform Act of
21
1996 (7 U.S.C. 1901 note; Public Law 104–127); or
22
(3) implement or enforce section 352.19 of title
23
9, Code of Federal Regulations.
24
SEC. 746. The Secretary shall set aside for Rural
25 Economic Area Partnership (REAP) Zones an amount of
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90
1 funds made available in title III under the headings of
2 Rural Housing Insurance Fund Program Account, Mutual
3 and Self-Help Housing Grants, Rural Housing Assistance
4 Grants, Rural Community Facilities Program Account,
5 Rural Business Program Account, Rural Development
6 Loan Fund Program Account, and Rural Water and
7 Waste Disposal Program Account equal to the amount ob8 ligated for REAP Zones by the Secretary with respect to
9 funds provided under such headings in the most recent
10 fiscal year any such funds were obligated under such head11 ings for REAP Zones and such set-asides shall remain in
12 effect until August 15, 2014.
13
SEC. 747. Fees deposited under the heading ‘‘Depart-
14 ment of Health and Human Services—Food and Drug Ad15 ministration—Salaries and Expenses’’ in fiscal year 2013
16 and sequestered pursuant to section 251A of the Balanced
17 Budget and Emergency Deficit Control Act, as amended
18 (2 U.S.C. 901a) shall be available until expended for the
19 same purpose for which those funds were originally appro20 priated.
21
SEC. 748. For an additional amount for ‘‘Animal and
22 Plant Health Inspection Service, Salaries and Expenses’’,
23 $20,000,000, to remain available until September 30,
24 2015, for one-time control and management and associ-
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91
1 ated activities directly related to the multiple-agency re2 sponse to citrus greening.
3
SEC. 749. None of the credit card refunds or rebates
4 transferred to the Working Capital Fund pursuant to sec5 tion 729 of the Agriculture, Rural Development, Food and
6 Drug Administration, and Related Agencies Appropria7 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76)
8 shall be available for obligation without written notifica9 tion to, and the prior approval of, the Committees on Ap10 propriations of both Houses of Congress: Provided, That
11 the refunds or rebates so transferred shall be available for
12 obligation only for the acquisition of plant and capital
13 equipment necessary for the delivery of financial, adminis14 trative, and information technology services of primary
15 benefit to the agencies of the Department of Agriculture.
16
SEC. 750. (a) Section 1240B(a) of the Food Security
17 Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by strik18 ing ‘‘2014’’ and inserting ‘‘2015’’.
19
(b) Section 1241(a) of the Food Security Act of 1985
20 (16 U.S.C. 3841(a)) is amended—
21
(1) in the matter preceding paragraph (1), by
22
striking ‘‘(6), and (7)),’’ and inserting ‘‘and (7) and
23
each of fiscal years 2014 and 2015 in the case of
24
the program specified in paragraph (6)),’’; and
25
(2) in paragraph (6)—
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92
1
(A) in subparagraph (D), by striking
2
‘‘and’’ after the semicolon at the end;
3
(B) in subparagraph (E), by striking the
4
period at the end and inserting ‘‘; and’’; and
5
(C) by adding at the end the following:
6
‘‘(F) $1,622,000,000 in fiscal year 2015.’’.
7
This division may be cited as the ‘‘Agriculture, Rural
8 Development, Food and Drug Administration, and Re9 lated Agencies Appropriations Act, 2014’’.
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93
1 DIVISION
B—COMMERCE,
2
SCIENCE,
AND
RELATED
3
APPROPRIATIONS ACT, 2014
JUSTICE,
AGENCIES
4
TITLE I
5
DEPARTMENT OF COMMERCE
6
INTERNATIONAL TRADE ADMINISTRATION
7
OPERATIONS AND ADMINISTRATION
8
For necessary expenses for international trade activi-
9 ties of the Department of Commerce provided for by law,
10 and for engaging in trade promotional activities abroad,
11 including expenses of grants and cooperative agreements
12 for the purpose of promoting exports of United States
13 firms, without regard to sections 3702 and 3703 of title
14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed
16 overseas and employees temporarily posted overseas; travel
17 and transportation of employees of the International
18 Trade Administration between two points abroad, without
19 regard to section 40118 of title 49, United States Code;
20 employment of citizens of the United States and aliens by
21 contract for services; rental of space abroad for periods
22 not exceeding 10 years, and expenses of alteration, repair,
23 or improvement; purchase or construction of temporary
24 demountable exhibition structures for use abroad; pay25 ment of tort claims, in the manner authorized in the first
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94
1 paragraph of section 2672 of title 28, United States Code,
2 when such claims arise in foreign countries; not to exceed
3 $294,300 for official representation expenses abroad; pur4 chase of passenger motor vehicles for official use abroad,
5 not to exceed $45,000 per vehicle; obtaining insurance on
6 official
motor
vehicles;
and
rental
of
tie
lines,
7 $470,000,000, to remain available until September 30,
8 2015, of which $9,439,000 is to be derived from fees to
9 be retained and used by the International Trade Adminis10 tration, notwithstanding section 3302 of title 31, United
11 States Code: Provided, That, of amounts provided under
12 this heading, not less than $16,400,000 shall be for China
13 antidumping and countervailing duty enforcement and
14 compliance activities: Provided further, That the provisions
15 of the first sentence of section 105(f) and all of section
16 108(c) of the Mutual Educational and Cultural Exchange
17 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
18 in carrying out these activities; and that for the purpose
19 of this Act, contributions under the provisions of the Mu20 tual Educational and Cultural Exchange Act of 1961 shall
21 include payment for assessments for services provided as
22 part of these activities.
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95
1
BUREAU
2
OF INDUSTRY AND
SECURITY
OPERATIONS AND ADMINISTRATION
3
For necessary expenses for export administration and
4 national security activities of the Department of Com5 merce, including costs associated with the performance of
6 export administration field activities both domestically and
7 abroad; full medical coverage for dependent members of
8 immediate families of employees stationed overseas; em9 ployment of citizens of the United States and aliens by
10 contract for services abroad; payment of tort claims, in
11 the manner authorized in the first paragraph of section
12 2672 of title 28, United States Code, when such claims
13 arise in foreign countries; not to exceed $13,500 for offi14 cial representation expenses abroad; awards of compensa15 tion to informers under the Export Administration Act of
16 1979, and as authorized by section 1(b) of the Act of June
17 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase
18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law, $101,450,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
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96
1 apply in carrying out these activities: Provided further,
2 That payments and contributions collected and accepted
3 for materials or services provided as part of such activities
4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security
7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments.
10
ECONOMIC DEVELOPMENT ADMINISTRATION
11
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
12
For grants for economic development assistance as
13 provided by the Public Works and Economic Development
14 Act of 1965, for trade adjustment assistance, for the cost
15 of loan guarantees authorized by section 26 of the Steven16 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.
17 3721), and for grants, and for the cost of loan guarantees
18 and grants authorized by section 27 (15 U.S.C. 3722) of
19 such Act, $209,500,000, to remain available until ex20 pended; of which $5,000,000 shall be for projects to facili21 tate the relocation, to the United States, of a source of
22 employment located outside the United States; of which
23 $5,000,000 shall be for loan guarantees under such sec24 tion 26; and of which $10,000,000 shall be for loan guar25 antees and grants under such section 27: Provided, That
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97
1 the costs for loan guarantees, including the cost of modi2 fying such loans, shall be as defined in section 502 of the
3 Congressional Budget Act of 1974: Provided further, That
4 these funds for loan guarantees under such sections 26
5 and 27 are available to subsidize total loan principal, any
6 part of which is to be guaranteed, not to exceed
7 $70,000,000: Provided further, That, notwithstanding
8 paragraph (7) of section 27(d) of the Stevenson-Wydler
9 Technology
Innovation
Act
of
1980
(15
U.S.C.
10 3722(d)(7)), amounts made available in prior appropria11 tions Acts for guaranteeing loans for science park infra12 structure under such section shall be available to the Sec13 retary of Commerce to guarantee such loans after Sep14 tember 30, 2013.
15
SALARIES AND EXPENSES
16
For necessary expenses of administering the eco-
17 nomic development assistance programs as provided for by
18 law, $37,000,000: Provided, That these funds may be used
19 to monitor projects approved pursuant to title I of the
20 Public Works Employment Act of 1976, title II of the
21 Trade Act of 1974, and the Community Emergency
22 Drought Relief Act of 1977.
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98
1
MINORITY BUSINESS DEVELOPMENT AGENCY
2
MINORITY BUSINESS DEVELOPMENT
3
For necessary expenses of the Department of Com-
4 merce in fostering, promoting, and developing minority
5 business enterprise, including expenses of grants, con6 tracts, and other agreements with public or private organi7 zations, $28,000,000.
8
ECONOMIC
9
AND
STATISTICAL ANALYSIS
SALARIES AND EXPENSES
10
For necessary expenses, as authorized by law, of eco-
11 nomic and statistical analysis programs of the Department
12 of Commerce, $99,000,000, to remain available until Sep13 tember 30, 2015.
14
BUREAU
15
SALARIES AND EXPENSES
16
OF THE
CENSUS
For necessary expenses for collecting, compiling, ana-
17 lyzing, preparing and publishing statistics, provided for by
18 law, $252,000,000: Provided, That, from amounts pro19 vided herein, funds may be used for promotion, outreach,
20 and marketing activities.
21
PERIODIC CENSUSES AND PROGRAMS
22
For necessary expenses for collecting, compiling, ana-
23 lyzing, preparing and publishing statistics for periodic cen24 suses and programs provided for by law, $693,000,000,
25 to remain available until September 30, 2015: Provided,
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99
1 That, from amounts provided herein, funds may be used
2 for promotion, outreach, and marketing activities: Pro3 vided further, That within the amounts appropriated,
4 $1,000,000 shall be transferred to the ‘‘Office of Inspector
5 General’’ account for activities associated with carrying
6 out investigations and audits related to the Bureau of the
7 Census.
8
NATIONAL TELECOMMUNICATIONS
9
AND INFORMATION
ADMINISTRATION
10
SALARIES AND EXPENSES
11
For necessary expenses, as provided for by law, of
12 the National Telecommunications and Information Ad13 ministration (NTIA), $46,000,000, to remain available
14 until September 30, 2015: Provided, That, notwith15 standing 31 U.S.C. 1535(d), the Secretary of Commerce
16 shall charge Federal agencies for costs incurred in spec17 trum management, analysis, operations, and related serv18 ices, and such fees shall be retained and used as offsetting
19 collections for costs of such spectrum services, to remain
20 available until expended: Provided further, That the Sec21 retary of Commerce is authorized to retain and use as off22 setting collections all funds transferred, or previously
23 transferred, from other Government agencies for all costs
24 incurred in telecommunications research, engineering, and
25 related activities by the Institute for Telecommunication
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100
1 Sciences of NTIA, in furtherance of its assigned functions
2 under this paragraph, and such funds received from other
3 Government agencies shall remain available until ex4 pended.
5
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING
6
AND CONSTRUCTION
7
For the administration of prior-year grants, recov-
8 eries and unobligated balances of funds previously appro9 priated are available for the administration of all open
10 grants until their expiration.
11
UNITED STATES PATENT
AND
TRADEMARK OFFICE
12
SALARIES AND EXPENSES
13
(INCLUDING TRANSFERS OF FUNDS)
14
For necessary expenses of the United States Patent
15 and Trademark Office (USPTO) provided for by law, in16 cluding defense of suits instituted against the Under Sec17 retary of Commerce for Intellectual Property and Director
18 of the USPTO, $3,024,000,000, to remain available until
19 expended: Provided, That the sum herein appropriated
20 from the general fund shall be reduced as offsetting collec21 tions of fees and surcharges assessed and collected by the
22 USPTO under any law are received during fiscal year
23 2014, so as to result in a fiscal year 2014 appropriation
24 from the general fund estimated at $0: Provided further,
25 That during fiscal year 2014, should the total amount of
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101
1 such offsetting collections be less than $3,024,000,000
2 this amount shall be reduced accordingly: Provided fur3 ther,
That
any
amount
received
in
excess
of
4 $3,024,000,000 in fiscal year 2014 and deposited in the
5 Patent and Trademark Fee Reserve Fund shall remain
6 available until expended: Provided further, That the Direc7 tor of USPTO shall submit a spending plan to the Com8 mittees on Appropriations of the House of Representatives
9 and the Senate for any amounts made available by the
10 preceding proviso and such spending plan shall be treated
11 as a reprogramming under section 505 of this Act and
12 shall not be available for obligation or expenditure except
13 in compliance with the procedures set forth in that section:
14 Provided further, That any amounts reprogrammed in ac15 cordance with the preceding proviso shall be transferred
16 to the United States Patent and Trademark Office Sala17 ries and Expenses account: Provided further, That from
18 amounts provided herein, not to exceed $900 shall be
19 made available in fiscal year 2014 for official reception
20 and representation expenses: Provided further, That in fis21 cal year 2014 from the amounts made available for ‘‘Sala22 ries and Expenses’’ for the USPTO, the amounts nec23 essary to pay (1) the difference between the percentage
24 of basic pay contributed by the USPTO and employees
25 under section 8334(a) of title 5, United States Code, and
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102
1 the normal cost percentage (as defined by section
2 8331(17) of that title) as provided by the Office of Per3 sonnel Management (OPM) for USPTO’s specific use, of
4 basic pay, of employees subject to subchapter III of chap5 ter 83 of that title, and (2) the present value of the other6 wise unfunded accruing costs, as determined by OPM for
7 USPTO’s specific use of post-retirement life insurance
8 and post-retirement health benefits coverage for all
9 USPTO employees who are enrolled in Federal Employees
10 Health Benefits (FEHB) and Federal Employees Group
11 Life Insurance (FEGLI), shall be transferred to the Civil
12 Service Retirement and Disability Fund, the FEGLI
13 Fund, and the FEHB Fund, as appropriate, and shall be
14 available for the authorized purposes of those accounts:
15 Provided further, That any differences between the present
16 value factors published in OPM’s yearly 300 series benefit
17 letters and the factors that OPM provides for USPTO’s
18 specific use shall be recognized as an imputed cost on
19 USPTO’s financial statements, where applicable: Provided
20 further, That, notwithstanding any other provision of law,
21 all fees and surcharges assessed and collected by USPTO
22 are available for USPTO only pursuant to section 42(c)
23 of title 35, United States Code, as amended by section
24 22 of the Leahy-Smith America Invents Act (Public Law
25 112–29): Provided further, That within the amounts ap-
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103
1 propriated, $2,000,000 shall be transferred to the ‘‘Office
2 of Inspector General’’ account for activities associated
3 with carrying out investigations and audits related to the
4 USPTO.
5 NATIONAL INSTITUTE
6
OF
STANDARDS
AND
TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
7
For necessary expenses of the National Institute of
8 Standards and Technology (NIST), $651,000,000, to re9 main available until expended, of which not to exceed
10 $9,000,000 may be transferred to the ‘‘Working Capital
11 Fund’’: Provided, That not to exceed $5,000 shall be for
12 official reception and representation expenses: Provided
13 further, That NIST may provide local transportation for
14 summer undergraduate research fellowship program par15 ticipants.
16
INDUSTRIAL TECHNOLOGY SERVICES
17
For necessary expenses for industrial technology
18 services, $143,000,000, to remain available until ex19 pended, of which $128,000,000 shall be for the Hollings
20 Manufacturing Extension Partnership, and of which
21 $15,000,000 shall be for the Advanced Manufacturing
22 Technology Consortia.
23
CONSTRUCTION OF RESEARCH FACILITIES
24
For construction of new research facilities, including
25 architectural and engineering design, and for renovation
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104
1 and maintenance of existing facilities, not otherwise pro2 vided for the National Institute of Standards and Tech3 nology, as authorized by sections 13 through 15 of the
4 National Institute of Standards and Technology Act (15
5 U.S.C. 278c–278e), $56,000,000, to remain available until
6 expended: Provided, That the Secretary of Commerce shall
7 include in the budget justification materials that the Sec8 retary submits to Congress in support of the Department
9 of Commerce budget (as submitted with the budget of the
10 President under section 1105(a) of title 31, United States
11 Code) an estimate for each National Institute of Stand12 ards and Technology construction project having a total
13 multi-year program cost of more than $5,000,000 and si14 multaneously the budget justification materials shall in15 clude an estimate of the budgetary requirements for each
16 such project for each of the 5 subsequent fiscal years.
17
NATIONAL OCEANIC
AND
ATMOSPHERIC
18
ADMINISTRATION
19
OPERATIONS, RESEARCH, AND FACILITIES
20
(INCLUDING TRANSFER OF FUNDS)
21
For necessary expenses of activities authorized by law
22 for the National Oceanic and Atmospheric Administration,
23 including maintenance, operation, and hire of aircraft and
24 vessels; grants, contracts, or other payments to nonprofit
25 organizations for the purposes of conducting activities
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105
1 pursuant to cooperative agreements; and relocation of fa2 cilities, $3,157,392,000, to remain available until Sep3 tember 30, 2015, except that funds provided for coopera4 tive enforcement shall remain available until September
5 30, 2016: Provided, That fees and donations received by
6 the National Ocean Service for the management of na7 tional marine sanctuaries may be retained and used for
8 the salaries and expenses associated with those activities,
9 notwithstanding section 3302 of title 31, United States
10 Code: Provided further, That in addition, $115,000,000
11 shall be derived by transfer from the fund entitled ‘‘Pro12 mote and Develop Fishery Products and Research Per13 taining to American Fisheries’’, which shall only be used
14 for fishery activities related to the Saltonstall-Kennedy
15 Grant Program, Cooperative Research, Annual Stock As16 sessments, Survey and Monitoring Projects, Interjurisdic17 tional Fisheries Grants, and Fish Information Networks:
18 Provided further, That of the $3,287,392,000 provided for
19 in direct obligations under this heading $3,157,392,000
20 is appropriated from the general fund, $115,000,000 is
21 provided by transfer, and $15,000,000 is derived from re22 coveries of prior year obligations: Provided further, That
23 the total amount available for National Oceanic and At24 mospheric Administration corporate services administra25 tive support costs shall not exceed $217,300,000: Provided
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106
1 further, That any deviation from the amounts designated
2 for specific activities in the explanatory statement de3 scribed in section 4 (in the matter preceding division A
4 of this consolidated Act), or any use of deobligated bal5 ances of funds provided under this heading in previous
6 years, shall be subject to the procedures set forth in sec7 tion 505 of this Act: Provided further, That in addition,
8 for necessary retired pay expenses under the Retired Serv9 iceman’s Family Protection and Survivor Benefits Plan,
10 and for payments for the medical care of retired personnel
11 and their dependents under the Dependents Medical Care
12 Act (10 U.S.C. 55), such sums as may be necessary.
13
PROCUREMENT, ACQUISITION AND CONSTRUCTION
14
For procurement, acquisition and construction of
15 capital assets, including alteration and modification costs,
16 of the National Oceanic and Atmospheric Administration,
17 $2,022,864,000, to remain available until September 30,
18 2016, except that funds provided for construction of facili19 ties shall remain available until expended: Provided, That
20 of the $2,029,864,000 provided for in direct obligations
21 under this heading, $2,022,864,000 is appropriated from
22 the general fund and $7,000,000 is provided from recov23 eries of prior year obligations: Provided further, That any
24 deviation from the amounts designated for specific activi25 ties in the explanatory statement described in section 4
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107
1 (in the matter preceding division A of this consolidated
2 Act), or any use of deobligated balances of funds provided
3 under this heading in previous years, shall be subject to
4 the procedures set forth in section 505 of this Act: Pro5 vided further, That the Secretary of Commerce shall in6 clude in budget justification materials that the Secretary
7 submits to Congress in support of the Department of
8 Commerce budget (as submitted with the budget of the
9 President under section 1105(a) of title 31, United States
10 Code) an estimate for each National Oceanic and Atmos11 pheric Administration procurement, acquisition or con12 struction project having a total of more than $5,000,000
13 and simultaneously the budget justification shall include
14 an estimate of the budgetary requirements for each such
15 project for each of the 5 subsequent fiscal years: Provided
16 further,
That,
within
the
amounts
appropriated,
17 $1,000,000 shall be transferred to the ‘‘Office of Inspector
18 General’’ account for activities associated with carrying
19 out investigations and audits related to satellite procure20 ment, acquisition and construction.
21
PACIFIC COASTAL SALMON RECOVERY
22
For necessary expenses associated with the restora-
23 tion of Pacific salmon populations, $65,000,000, to re24 main available until September 30, 2015: Provided, That,
25 of the funds provided herein, the Secretary of Commerce
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108
1 may issue grants to the States of Washington, Oregon,
2 Idaho, Nevada, California, and Alaska, and to the Feder3 ally recognized tribes of the Columbia River and Pacific
4 Coast (including Alaska), for projects necessary for con5 servation of salmon and steelhead populations that are
6 listed as threatened or endangered, or that are identified
7 by a State as at-risk to be so listed, for maintaining popu8 lations necessary for exercise of tribal treaty fishing rights
9 or native subsistence fishing, or for conservation of Pacific
10 coastal salmon and steelhead habitat, based on guidelines
11 to be developed by the Secretary of Commerce: Provided
12 further, That all funds shall be allocated based on sci13 entific and other merit principles and shall not be available
14 for marketing activities: Provided further, That funds dis15 bursed to States shall be subject to a matching require16 ment of funds or documented in-kind contributions of at
17 least 33 percent of the Federal funds.
18
FISHERIES DISASTER ASSISTANCE
19
For necessary expenses associated with the mitiga-
20 tion of fishery disasters, $75,000,000, to remain available
21 until expended: Provided, That funds shall be used for
22 mitigating the effects of commercial fishery failures and
23 fishery resource disasters as declared by the Secretary of
24 Commerce.
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109
1
FISHERMEN’S CONTINGENCY FUND
2
For carrying out the provisions of title IV of Public
3 Law 95–372, not to exceed $350,000, to be derived from
4 receipts collected pursuant to that Act, to remain available
5 until expended.
6
FISHERIES FINANCE PROGRAM ACCOUNT
7
Subject to section 502 of the Congressional Budget
8 Act of 1974, during fiscal year 2014, obligations of direct
9 loans may not exceed $24,000,000 for Individual Fishing
10 Quota loans and not to exceed $100,000,000 for tradi11 tional direct loans as authorized by the Merchant Marine
12 Act of 1936.
13
DEPARTMENTAL MANAGEMENT
14
SALARIES AND EXPENSES
15
For necessary expenses for the management of the
16 Department of Commerce provided for by law, including
17 not to exceed $4,500 for official reception and representa18 tion, $55,500,000: Provided, That the Secretary of Com19 merce shall maintain a task force on job repatriation and
20 manufacturing growth and shall produce an annual report
21 on related incentive strategies, implementation plans and
22 program results.
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110
1
RENOVATION AND MODERNIZATION
2
For necessary expenses for the renovation and mod-
3 ernization
of
Department
of
Commerce
facilities,
4 $4,000,000, to remain available until expended.
5
OFFICE OF INSPECTOR GENERAL
6
For necessary expenses of the Office of Inspector
7 General in carrying out the provisions of the Inspector
8 General Act of 1978 (5 U.S.C. App.), $30,000,000.
9
GENERAL PROVISIONS—DEPARTMENT
10
OF
COMMERCE
SEC. 101. During the current fiscal year, applicable
11 appropriations and funds made available to the Depart12 ment of Commerce by this Act shall be available for the
13 activities specified in the Act of October 26, 1949 (15
14 U.S.C. 1514), to the extent and in the manner prescribed
15 by the Act, and, notwithstanding 31 U.S.C. 3324, may
16 be used for advanced payments not otherwise authorized
17 only upon the certification of officials designated by the
18 Secretary of Commerce that such payments are in the
19 public interest.
20
SEC. 102. During the current fiscal year, appropria-
21 tions made available to the Department of Commerce by
22 this Act for salaries and expenses shall be available for
23 hire of passenger motor vehicles as authorized by 31
24 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.
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111
1 3109; and uniforms or allowances therefor, as authorized
2 by law (5 U.S.C. 5901–5902).
3
SEC. 103. Not to exceed 5 percent of any appropria-
4 tion made available for the current fiscal year for the De5 partment of Commerce in this Act may be transferred be6 tween such appropriations, but no such appropriation shall
7 be increased by more than 10 percent by any such trans8 fers: Provided, That any transfer pursuant to this section
9 shall be treated as a reprogramming of funds under sec10 tion 505 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section: Provided further, That the
13 Secretary of Commerce shall notify the Committees on Ap14 propriations at least 15 days in advance of the acquisition
15 or disposal of any capital asset (including land, structures,
16 and equipment) not specifically provided for in this Act
17 or any other law appropriating funds for the Department
18 of Commerce.
19
SEC. 104. The requirements set forth by section 105
20 of the Commerce, Justice, Science, and Related Agencies
21 Appropriations Act, 2012 (Public Law 112–55), as
22 amended by section 105 of title I of division B of Public
23 Law 113–6, are hereby adopted by reference and made
24 applicable with respect to fiscal year 2014.
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112
1
SEC. 105. Notwithstanding any other provision of
2 law, the Secretary may furnish services (including but not
3 limited to utilities, telecommunications, and security serv4 ices) necessary to support the operation, maintenance, and
5 improvement of space that persons, firms, or organizations
6 are authorized, pursuant to the Public Buildings Coopera7 tive Use Act of 1976 or other authority, to use or occupy
8 in the Herbert C. Hoover Building, Washington, DC, or
9 other buildings, the maintenance, operation, and protec10 tion of which has been delegated to the Secretary from
11 the Administrator of General Services pursuant to the
12 Federal Property and Administrative Services Act of 1949
13 on a reimbursable or non-reimbursable basis. Amounts re14 ceived as reimbursement for services provided under this
15 section or the authority under which the use or occupancy
16 of the space is authorized, up to $200,000, shall be cred17 ited to the appropriation or fund which initially bears the
18 costs of such services.
19
SEC. 106. Nothing in this title shall be construed to
20 prevent a grant recipient from deterring child pornog21 raphy, copyright infringement, or any other unlawful ac22 tivity over its networks.
23
SEC. 107. The Administrator of the National Oceanic
24 and Atmospheric Administration is authorized to use, with
25 their consent, with reimbursement and subject to the lim-
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113
1 its of available appropriations, the land, services, equip2 ment, personnel, and facilities of any department, agency,
3 or instrumentality of the United States, or of any State,
4 local government, Indian tribal government, Territory, or
5 possession, or of any political subdivision thereof, or of
6 any foreign government or international organization, for
7 purposes related to carrying out the responsibilities of any
8 statute administered by the National Oceanic and Atmos9 pheric Administration.
10
SEC. 108. The Department of Commerce shall pro-
11 vide a monthly report to the Committees on Appropria12 tions of the House of Representatives and the Senate on
13 any official travel to China by any employee of the U.S.
14 Department of Commerce, including the purpose of such
15 travel.
16
This title may be cited as the ‘‘Department of Com-
17 merce Appropriations Act, 2014’’.
18
TITLE II
19
DEPARTMENT OF JUSTICE
20
GENERAL ADMINISTRATION
21
SALARIES AND EXPENSES
22
For expenses necessary for the administration of the
23 Department of Justice, $110,000,000, of which not to ex24 ceed $4,000,000 for security and construction of Depart-
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114
1 ment of Justice facilities shall remain available until ex2 pended.
3
JUSTICE INFORMATION SHARING TECHNOLOGY
4
For necessary expenses for information sharing tech-
5 nology, including planning, development, deployment and
6 departmental direction, $25,842,000, to remain available
7 until expended: Provided, That the Attorney General may
8 transfer up to $35,400,000 to this account, from funds
9 available to the Department of Justice for information
10 technology, for enterprise-wide information technology ini11 tiatives: Provided further, That the transfer authority in
12 the preceding proviso is in addition to any other transfer
13 authority contained in this Act.
14
ADMINISTRATIVE REVIEW AND APPEALS
15
(INCLUDING TRANSFER OF FUNDS)
16
For expenses necessary for the administration of par-
17 don and clemency petitions and immigration-related activi18 ties, $315,000,000, of which $4,000,000 shall be derived
19 by transfer from the Executive Office for Immigration Re20 view fees deposited in the ‘‘Immigration Examinations
21 Fee’’ account.
22
OFFICE OF INSPECTOR GENERAL
23
For necessary expenses of the Office of Inspector
24 General, $86,400,000, including not to exceed $10,000 to
25 meet unforeseen emergencies of a confidential character:
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115
1 Provided, That $1,000,000 shall be used to commission
2 an independent review of the management and policies of
3 the Civil Rights Division.
4
UNITED STATES PAROLE COMMISSION
5
SALARIES AND EXPENSES
6
For necessary expenses of the United States Parole
7 Commission as authorized, $12,600,000.
8
LEGAL ACTIVITIES
9
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
10
For expenses necessary for the legal activities of the
11 Department of Justice, not otherwise provided for, includ12 ing not to exceed $20,000 for expenses of collecting evi13 dence, to be expended under the direction of, and to be
14 accounted for solely under the certificate of, the Attorney
15 General; and rent of private or Government-owned space
16 in the District of Columbia, $867,000,000, of which not
17 to exceed $10,000,000 for litigation support contracts
18 shall remain available until expended: Provided, That of
19 the total amount appropriated, not to exceed $9,000 shall
20 be available to INTERPOL Washington for official recep21 tion and representation expenses: Provided further, That
22 notwithstanding section 205 of this Act, upon a deter23 mination by the Attorney General that emergent cir24 cumstances require additional funding for litigation activi25 ties of the Civil Division, the Attorney General may trans-
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116
1 fer such amounts to ‘‘Salaries and Expenses, General
2 Legal Activities’’ from available appropriations for the
3 current fiscal year for the Department of Justice, as may
4 be necessary to respond to such circumstances: Provided
5 further, That any transfer pursuant to the previous pro6 viso shall be treated as a reprogramming under section
7 505 of this Act and shall not be available for obligation
8 or expenditure except in compliance with the procedures
9 set forth in that section: Provided further, That of the
10 amount appropriated, such sums as may be necessary
11 shall be available to reimburse the Office of Personnel
12 Management for salaries and expenses associated with the
13 election monitoring program under section 8 of the Voting
14 Rights Act of 1965 (42 U.S.C. 1973f): Provided further,
15 That of the amounts provided under this heading for the
16 election monitoring program, $3,390,000 shall remain
17 available until expended.
18
In addition, for reimbursement of expenses of the De-
19 partment of Justice associated with processing cases
20 under the National Childhood Vaccine Injury Act of 1986,
21 not to exceed $7,833,000, to be appropriated from the
22 Vaccine Injury Compensation Trust Fund.
23
SALARIES AND EXPENSES, ANTITRUST DIVISION
24
For expenses necessary for the enforcement of anti-
25 trust and kindred laws, $160,400,000, to remain available
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117
1 until expended: Provided, That notwithstanding any other
2 provision of law, fees collected for premerger notification
3 filings under the Hart-Scott-Rodino Antitrust Improve4 ments Act of 1976 (15 U.S.C. 18a), regardless of the year
5 of collection (and estimated to be $103,000,000 in fiscal
6 year 2014), shall be retained and used for necessary ex7 penses in this appropriation, and shall remain available
8 until expended: Provided further, That the sum herein ap9 propriated from the general fund shall be reduced as such
10 offsetting collections are received during fiscal year 2014,
11 so as to result in a final fiscal year 2014 appropriation
12 from the general fund estimated at $57,400,000.
13
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
14
For necessary expenses of the Offices of the United
15 States Attorneys, including inter-governmental and coop16 erative agreements, $1,944,000,000: Provided, That of the
17 total amount appropriated, not to exceed $7,200 shall be
18 available for official reception and representation ex19 penses: Provided further, That not to exceed $25,000,000
20 shall remain available until expended: Provided further,
21 That each United States Attorney shall establish or par22 ticipate in a United States Attorney-led task force on
23 human trafficking.
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118
1
UNITED STATES TRUSTEE SYSTEM FUND
2
For necessary expenses of the United States Trustee
3 Program, as authorized, $224,400,000, to remain avail4 able until expended and to be derived from the United
5 States Trustee System Fund: Provided, That, notwith6 standing any other provision of law, deposits to the Fund
7 shall be available in such amounts as may be necessary
8 to pay refunds due depositors: Provided further, That, not9 withstanding any other provision of law, $224,400,000 of
10 offsetting collections pursuant to section 589a(b) of title
11 28, United States Code, shall be retained and used for
12 necessary expenses in this appropriation and shall remain
13 available until expended: Provided further, That the sum
14 herein appropriated from the Fund shall be reduced as
15 such offsetting collections are received during fiscal year
16 2014, so as to result in a final fiscal year 2014 appropria17 tion from the Fund estimated at $0.
18
SALARIES AND EXPENSES, FOREIGN CLAIMS
19
SETTLEMENT COMMISSION
20
For expenses necessary to carry out the activities of
21 the Foreign Claims Settlement Commission, including
22 services as authorized by section 3109 of title 5, United
23 States Code, $2,100,000.
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119
1
FEES AND EXPENSES OF WITNESSES
2
For fees and expenses of witnesses, for expenses of
3 contracts for the procurement and supervision of expert
4 witnesses, for private counsel expenses, including ad5 vances, and for expenses of foreign counsel, $270,000,000,
6 to remain available until expended, of which not to exceed
7 $16,000,000 is for construction of buildings for protected
8 witness safesites; not to exceed $3,000,000 is for the pur9 chase and maintenance of armored and other vehicles for
10 witness security caravans; and not to exceed $11,000,000
11 is for the purchase, installation, maintenance, and up12 grade of secure telecommunications equipment and a se13 cure automated information network to store and retrieve
14 the identities and locations of protected witnesses.
15
SALARIES AND EXPENSES, COMMUNITY RELATIONS
16
SERVICE
17
For necessary expenses of the Community Relations
18 Service, $12,000,000: Provided, That notwithstanding sec19 tion 205 of this Act, upon a determination by the Attorney
20 General that emergent circumstances require additional
21 funding for conflict resolution and violence prevention ac22 tivities of the Community Relations Service, the Attorney
23 General may transfer such amounts to the Community Re24 lations Service, from available appropriations for the cur25 rent fiscal year for the Department of Justice, as may be
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120
1 necessary to respond to such circumstances: Provided fur2 ther, That any transfer pursuant to the preceding proviso
3 shall be treated as a reprogramming under section 505
4 of this Act and shall not be available for obligation or ex5 penditure except in compliance with the procedures set
6 forth in that section.
7
ASSETS FORFEITURE FUND
8
For expenses authorized by subparagraphs (B), (F),
9 and (G) of section 524(c)(1) of title 28, United States
10 Code, $20,500,000, to be derived from the Department
11 of Justice Assets Forfeiture Fund.
12
UNITED STATES MARSHALS SERVICE
13
SALARIES AND EXPENSES
14
For necessary expenses of the United States Mar-
15 shals Service, $1,185,000,000, of which not to exceed
16 $6,000 shall be available for official reception and rep17 resentation expenses, and not to exceed $15,000,000 shall
18 remain available until expended.
19
CONSTRUCTION
20
For construction in space controlled, occupied or uti-
21 lized by the United States Marshals Service for prisoner
22 holding and related support, $9,800,000, to remain avail23 able until expended.
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121
1
FEDERAL PRISONER DETENTION
2
For necessary expenses related to United States pris-
3 oners in the custody of the United States Marshals Service
4 as authorized by section 4013 of title 18, United States
5 Code, $1,533,000,000, to remain available until expended:
6 Provided, That not to exceed $20,000,000 shall be consid7 ered ‘‘funds appropriated for State and local law enforce8 ment assistance’’ pursuant to section 4013(b) of title 18,
9 United States Code: Provided further, That the United
10 States Marshals Service shall be responsible for managing
11 the Justice Prisoner and Alien Transportation System.
12
NATIONAL SECURITY DIVISION
13
SALARIES AND EXPENSES
14
For expenses necessary to carry out the activities of
15 the National Security Division, $91,800,000, of which not
16 to exceed $5,000,000 for information technology systems
17 shall remain available until expended: Provided, That not18 withstanding section 205 of this Act, upon a determina19 tion by the Attorney General that emergent circumstances
20 require additional funding for the activities of the National
21 Security Division, the Attorney General may transfer such
22 amounts to this heading from available appropriations for
23 the current fiscal year for the Department of Justice, as
24 may be necessary to respond to such circumstances: Pro25 vided further, That any transfer pursuant to the preceding
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122
1 proviso shall be treated as a reprogramming under section
2 505 of this Act and shall not be available for obligation
3 or expenditure except in compliance with the procedures
4 set forth in that section.
5
INTERAGENCY LAW ENFORCEMENT
6
INTERAGENCY CRIME AND DRUG ENFORCEMENT
7
For necessary expenses for the identification, inves-
8 tigation, and prosecution of individuals associated with the
9 most significant drug trafficking and affiliated money
10 laundering organizations not otherwise provided for, to in11 clude inter-governmental agreements with State and local
12 law enforcement agencies engaged in the investigation and
13 prosecution of individuals involved in organized crime drug
14 trafficking, $514,000,000, of which $50,000,000 shall re15 main available until expended: Provided, That any
16 amounts obligated from appropriations under this heading
17 may be used under authorities available to the organiza18 tions reimbursed from this appropriation.
19
FEDERAL BUREAU
20
OF INVESTIGATION
SALARIES AND EXPENSES
21
For necessary expenses of the Federal Bureau of In-
22 vestigation for detection, investigation, and prosecution of
23 crimes against the United States, $8,245,802,000, of
24 which not to exceed $216,900,000 shall remain available
25 until expended, and of which $13,500,000 is for costs re-
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123
1 lated to the outfitting, activation, and operation of facili2 ties supporting the examination, exploitation, and storage
3 of improvised explosive devices and explosive materials, in4 cluding personnel relocation costs: Provided, That not to
5 exceed $184,500 shall be available for official reception
6 and representation expenses: Provided further, That up to
7 $1,000,000 shall be for a comprehensive review of the im8 plementation of the recommendations related to the Fed9 eral Bureau of Investigation that were proposed in the re10 port issued by the National Commission on Terrorist At11 tacks Upon the United States.
12
CONSTRUCTION
13
For necessary expenses, to include the cost of equip-
14 ment, furniture, and information technology requirements,
15 related to construction or acquisition of buildings, facili16 ties and sites by purchase, or as otherwise authorized by
17 law; conversion, modification and extension of Federally18 owned buildings; preliminary planning and design of
19 projects; and operation and maintenance of secure work
20 environment facilities and secure networking capabilities;
21 $97,482,000, to remain available until expended, of which
22 $16,500,000 is for costs related to the construction, outfit23 ting, activation, and operation of facilities supporting the
24 examination, exploitation, and storage of improvised explo25 sive devices and explosive materials.
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124
1
DRUG ENFORCEMENT ADMINISTRATION
2
SALARIES AND EXPENSES
3
For necessary expenses of the Drug Enforcement Ad-
4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant
6 to section 530C of title 28, United States Code; and ex7 penses for conducting drug education and training pro8 grams, including travel and related expenses for partici9 pants in such programs and the distribution of items of
10 token value that promote the goals of such programs,
11 $2,018,000,000; of which not to exceed $75,000,000 shall
12 remain available until expended and not to exceed $90,000
13 shall be available for official reception and representation
14 expenses.
15
BUREAU
OF
ALCOHOL, TOBACCO, FIREARMS
16
EXPLOSIVES
17
SALARIES AND EXPENSES
18
AND
For necessary expenses of the Bureau of Alcohol, To-
19 bacco, Firearms and Explosives, for training of State and
20 local law enforcement agencies with or without reimburse21 ment, including training in connection with the training
22 and acquisition of canines for explosives and fire
23 accelerants detection; and for provision of laboratory as24 sistance to State and local law enforcement agencies, with
25 or without reimbursement, $1,179,000,000, of which not
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125
1 to exceed $36,000 shall be for official reception and rep2 resentation expenses, not to exceed $1,000,000 shall be
3 available for the payment of attorneys’ fees as provided
4 by section 924(d)(2) of title 18, United States Code, and
5 not to exceed $20,000,000 shall remain available until ex6 pended: Provided, That none of the funds appropriated
7 herein shall be available to investigate or act upon applica8 tions for relief from Federal firearms disabilities under
9 section 925(c) of title 18, United States Code: Provided
10 further, That such funds shall be available to investigate
11 and act upon applications filed by corporations for relief
12 from Federal firearms disabilities under section 925(c) of
13 title 18, United States Code: Provided further, That no
14 funds made available by this or any other Act may be used
15 to transfer the functions, missions, or activities of the Bu16 reau of Alcohol, Tobacco, Firearms and Explosives to
17 other agencies or Departments.
18
FEDERAL PRISON SYSTEM
19
SALARIES AND EXPENSES
20
(INCLUDING TRANSFER OF FUNDS)
21
For necessary expenses of the Federal Prison System
22 for the administration, operation, and maintenance of
23 Federal penal and correctional institutions, and for the
24 provision of technical assistance and advice on corrections
25 related issues to foreign governments, $6,769,000,000:
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126
1 Provided, That the Attorney General may transfer to the
2 Health Resources and Services Administration such
3 amounts as may be necessary for direct expenditures by
4 that Administration for medical relief for inmates of Fed5 eral penal and correctional institutions: Provided further,
6 That the Director of the Federal Prison System, where
7 necessary, may enter into contracts with a fiscal agent or
8 fiscal intermediary claims processor to determine the
9 amounts payable to persons who, on behalf of the Federal
10 Prison System, furnish health services to individuals com11 mitted to the custody of the Federal Prison System: Pro12 vided further, That not to exceed $5,400 shall be available
13 for official reception and representation expenses: Pro14 vided further, That not to exceed $50,000,000 shall re15 main available for necessary operations until September
16 30, 2015: Provided further, That, of the amounts provided
17 for contract confinement, not to exceed $20,000,000 shall
18 remain available until expended to make payments in ad19 vance for grants, contracts and reimbursable agreements,
20 and other expenses: Provided further, That the Director
21 of the Federal Prison System may accept donated prop22 erty and services relating to the operation of the prison
23 card program from a not-for-profit entity which has oper24 ated such program in the past, notwithstanding the fact
25 that such not-for-profit entity furnishes services under
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127
1 contracts to the Federal Prison System relating to the op2 eration of pre-release services, halfway houses, or other
3 custodial facilities.
4
BUILDINGS AND FACILITIES
5
For planning, acquisition of sites and construction of
6 new facilities; purchase and acquisition of facilities and re7 modeling, and equipping of such facilities for penal and
8 correctional use, including all necessary expenses incident
9 thereto, by contract or force account; and constructing,
10 remodeling, and equipping necessary buildings and facili11 ties at existing penal and correctional institutions, includ12 ing all necessary expenses incident thereto, by contract or
13 force account, $90,000,000, to remain available until ex14 pended, of which not less than $67,148,000 shall be avail15 able only for modernization, maintenance and repair, and
16 of which not to exceed $14,000,000 shall be available to
17 construct areas for inmate work programs: Provided, That
18 labor of United States prisoners may be used for work
19 performed under this appropriation.
20
FEDERAL PRISON INDUSTRIES, INCORPORATED
21
The Federal Prison Industries, Incorporated, is here-
22 by authorized to make such expenditures within the limits
23 of funds and borrowing authority available, and in accord
24 with the law, and to make such contracts and commit25 ments without regard to fiscal year limitations as provided
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128
1 by section 9104 of title 31, United States Code, as may
2 be necessary in carrying out the program set forth in the
3 budget for the current fiscal year for such corporation.
4
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
5
PRISON INDUSTRIES, INCORPORATED
6
Not to exceed $2,700,000 of the funds of the Federal
7 Prison Industries, Incorporated, shall be available for its
8 administrative expenses, and for services as authorized by
9 section 3109 of title 5, United States Code, to be com10 puted on an accrual basis to be determined in accordance
11 with the corporation’s current prescribed accounting sys12 tem, and such amounts shall be exclusive of depreciation,
13 payment of claims, and expenditures which such account14 ing system requires to be capitalized or charged to cost
15 of commodities acquired or produced, including selling and
16 shipping expenses, and expenses in connection with acqui17 sition, construction, operation, maintenance, improvement,
18 protection, or disposition of facilities and other property
19 belonging to the corporation or in which it has an interest.
20
STATE
21
AND
LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE
ON
VIOLENCE AGAINST WOMEN
22
VIOLENCE AGAINST WOMEN PREVENTION AND
23
PROSECUTION PROGRAMS
24
For grants, contracts, cooperative agreements, and
25 other assistance for the prevention and prosecution of vio-
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129
1 lence against women, as authorized by the Omnibus Crime
2 Control and Safe Streets Act of 1968 (42 U.S.C. 3711
3 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and
4 Law Enforcement Act of 1994 (Public Law 103–322)
5 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
6 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu7 torial Remedies and Other Tools to end the Exploitation
8 of Children Today Act of 2003 (Public Law 108–21); the
9 Juvenile Justice and Delinquency Prevention Act of 1974
10 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims
11 of Trafficking and Violence Protection Act of 2000 (Public
12 Law 106–386) (‘‘the 2000 Act’’); the Violence Against
13 Women and Department of Justice Reauthorization Act
14 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); and the
15 Violence Against Women Reauthorization Act of 2013
16 (Public Law 113–4) (‘‘the 2013 Act’’); and for related vic17 tims services, $417,000,000, to remain available until ex18 pended: Provided, That except as otherwise provided by
19 law, not to exceed 5 percent of funds made available under
20 this heading may be used for expenses related to evalua21 tion, training, and technical assistance: Provided further,
22 That of the amount provided—
23
(1) $193,000,000 is for grants to combat vio-
24
lence against women, as authorized by part T of the
25
1968 Act;
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130
1
(2) $24,750,000 is for transitional housing as-
2
sistance grants for victims of domestic violence, dat-
3
ing violence, stalking or sexual assault as authorized
4
by section 40299 of the 1994 Act;
5
(3) $3,250,000 is for the National Institute of
6
Justice for research and evaluation of violence
7
against women and related issues addressed by
8
grant programs of the Office on Violence Against
9
Women, which shall be transferred to ‘‘Research,
10
Evaluation and Statistics’’ for administration by the
11
Office of Justice Programs;
12
(4) $10,000,000 is for a grant program to pro-
13
vide services to advocate for and respond to youth
14
victims of domestic violence, dating violence, sexual
15
assault, and stalking; assistance to children and
16
youth exposed to such violence; programs to engage
17
men and youth in preventing such violence; and as-
18
sistance to middle and high school students through
19
education and other services related to such violence:
20
Provided, That unobligated balances available for
21
the programs authorized by sections 41201, 41204,
22
41303 and 41305 of the 1994 Act, prior to its
23
amendment by the 2013 Act, shall be available for
24
this program: Provided further, That 10 percent of
25
the total amount available for this grant program
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131
1
shall be available for grants under the program au-
2
thorized by section 2015 of the 1968 Act: Provided
3
further, That the definitions and grant conditions in
4
section 40002 of the 1994 Act shall apply to this
5
program;
6
(5) $50,000,000 is for grants to encourage ar-
7
rest policies as authorized by part U of the 1968
8
Act, of which $4,000,000 is for a homicide reduction
9
initiative;
10
(6) $27,000,000 is for sexual assault victims
11
assistance, as authorized by section 41601 of the
12
1994 Act;
13
(7) $36,000,000 is for rural domestic violence
14
and child abuse enforcement assistance grants, as
15
authorized by section 40295 of the 1994 Act;
16
(8) $9,000,000 is for grants to reduce violent
17
crimes against women on campus, as authorized by
18
section 304 of the 2005 Act;
19
(9) $37,000,000 is for legal assistance for vic-
20
tims, as authorized by section 1201 of the 2000 Act;
21
(10) $4,250,000 is for enhanced training and
22
services to end violence against and abuse of women
23
in later life, as authorized by section 40802 of the
24
1994 Act;
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132
1
(11) $15,000,000 is for grants to support fami-
2
lies in the justice system, as authorized by section
3
1301 of the 2000 Act: Provided, That unobligated
4
balances available for the programs authorized by
5
section 1301 of the 2000 Act and section 41002 of
6
the 1994 Act, prior to their amendment by the 2013
7
Act, shall be available for this program;
8
(12) $5,750,000 is for education and training
9
to end violence against and abuse of women with
10
disabilities, as authorized by section 1402 of the
11
2000 Act;
12
(13) $500,000 is for the National Resource
13
Center on Workplace Responses to assist victims of
14
domestic violence, as authorized by section 41501 of
15
the 1994 Act;
16
(14) $1,000,000 is for analysis and research on
17
violence against Indian women, including as author-
18
ized by section 904 of the 2005 Act: Provided, That
19
such funds may be transferred to ‘‘Research, Eval-
20
uation and Statistics’’ for administration by the Of-
21
fice of Justice Programs; and
22
(15) $500,000 is for the Office on Violence
23
Against Women to establish a national clearinghouse
24
that provides training and technical assistance on
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133
1
issues relating to sexual assault of American Indian
2
and Alaska Native women.
3
OFFICE
4
OF
JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
5
For grants, contracts, cooperative agreements, and
6 other assistance authorized by title I of the Omnibus
7 Crime Control and Safe Streets Act of 1968 (‘‘the 1968
8 Act’’); the Juvenile Justice and Delinquency Prevention
9 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As10 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
11 Remedies and Other Tools to end the Exploitation of Chil12 dren Today Act of 2003 (Public Law 108–21); the Justice
13 for All Act of 2004 (Public Law 108–405); the Violence
14 Against Women and Department of Justice Reauthoriza15 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’);
16 the Victims of Child Abuse Act of 1990 (Public Law 101–
17 647); the Second Chance Act of 2007 (Public Law 110–
18 199); the Victims of Crime Act of 1984 (Public Law 98–
19 473); the Adam Walsh Child Protection and Safety Act
20 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’);
21 the PROTECT Our Children Act of 2008 (Public Law
22 110–401); subtitle D of title II of the Homeland Security
23 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the
24 NICS Improvement Amendments Act of 2007 (Public
25 Law 110–180); the Violence Against Women Reauthoriza-
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134
1 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
2 and other programs, $120,000,000, to remain available
3 until expended, of which—
4
(1) $45,000,000 is for criminal justice statistics
5
programs, and other activities, as authorized by part
6
C of title I of the 1968 Act;
7
(2) $40,000,000 is for research, development,
8
and evaluation programs, and other activities as au-
9
thorized by part B of title I of the 1968 Act and
10
subtitle D of title II of the 2002 Act;
11
(3) $1,000,000 is for an evaluation clearing-
12
house program;
13
(4) $30,000,000 is for regional information
14
sharing activities, as authorized by part M of title I
15
of the 1968 Act; and
16
(5) $4,000,000 is for activities to strengthen
17
and enhance the practice of forensic sciences, of
18
which $1,000,000 is for the support of a Forensic
19
Science Advisory Committee to be chaired by the At-
20
torney General and the Director of the National In-
21
stitute
22
$3,000,000 is for transfer to the National Institute
23
of Standards and Technology to support scientific
24
working groups.
of
Standards
and
Technology,
and
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135
1
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
2
For grants, contracts, cooperative agreements, and
3 other assistance authorized by the Violent Crime Control
4 and Law Enforcement Act of 1994 (Public Law 103–322)
5 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
6 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All
7 Act of 2004 (Public Law 108–405); the Victims of Child
8 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990
9 Act’’); the Trafficking Victims Protection Reauthorization
10 Act of 2005 (Public Law 109–164); the Violence Against
11 Women and Department of Justice Reauthorization Act
12 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
13 Adam Walsh Child Protection and Safety Act of 2006
14 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic15 tims of Trafficking and Violence Protection Act of 2000
16 (Public Law 106–386); the NICS Improvement Amend17 ments Act of 2007 (Public Law 110–180); subtitle D of
18 title II of the Homeland Security Act of 2002 (Public Law
19 107–296) (‘‘the 2002 Act’’); the Second Chance Act of
20 2007 (Public Law 110–199); the Prioritizing Resources
21 and Organization for Intellectual Property Act of 2008
22 (Public Law 110–403); the Victims of Crime Act of 1984
23 (Public Law 98–473); the Mentally Ill Offender Treat24 ment and Crime Reduction Reauthorization and Improve25 ment Act of 2008 (Public Law 110–416); the Violence
L:\vr\011414\R011414.001.xml
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136
1 Against Women Reauthorization Act of 2013 (Public Law
2 113–4)
(‘‘the
2013
Act’’);
and
other
programs,
3 $1,171,500,000, to remain available until expended as fol4 lows—
5
(1) $376,000,000 for the Edward Byrne Memo-
6
rial Justice Assistance Grant program as authorized
7
by subpart 1 of part E of title I of the 1968 Act
8
(except that section 1001(c), and the special rules
9
for Puerto Rico under section 505(g) of title I of the
10
1968 Act shall not apply for purposes of this Act),
11
of
12
$1,000,000 is for a program to improve State and
13
local law enforcement intelligence capabilities includ-
14
ing antiterrorism training and training to ensure
15
that constitutional rights, civil liberties, civil rights,
16
and privacy interests are protected throughout the
17
intelligence process, $1,000,000 is for a State, local,
18
and tribal assistance help desk and diagnostic center
19
program, $15,000,000 is for a Preventing Violence
20
Against Law Enforcement Officer Resilience and
21
Survivability Initiative (VALOR), $4,000,000 is for
22
use by the National Institute of Justice for research
23
targeted toward developing a better understanding
24
of the domestic radicalization phenomenon, and ad-
25
vancing evidence-based strategies for effective inter-
which,
notwithstanding
such
subpart
1,
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137
1
vention and prevention, $2,500,000 is for objective,
2
nonpartisan voter education about, and a plebiscite
3
on, options that would resolve Puerto Rico’s future
4
political status, which shall be provided to the State
5
Elections Commission of Puerto Rico, $5,000,000 is
6
for an initiative to support evidence-based policing,
7
and $2,500,000 is for an initiative to enhance pros-
8
ecutorial decision-making;
9
(2) $180,000,000 for the State Criminal Alien
10
Assistance Program, as authorized by section
11
241(i)(5) of the Immigration and Nationality Act (8
12
U.S.C. 1231(i)(5)): Provided, That no jurisdiction
13
shall request compensation for any cost greater than
14
the actual cost for Federal immigration and other
15
detainees housed in State and local detention facili-
16
ties;
17
(3) $13,500,000 for competitive grants to im-
18
prove the functioning of the criminal justice system,
19
to prevent or combat juvenile delinquency, and to as-
20
sist victims of crime (other than compensation);
21
(4) $14,250,000 for victim services programs
22
for victims of trafficking, as authorized by section
23
107(b)(2) of Public Law 106–386, and for programs
24
authorized under Public Law 109–164;
L:\vr\011414\R011414.001.xml
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138
1
(5) $40,500,000 for Drug Courts, as authorized
2
by section 1001(a)(25)(A) of title I of the 1968 Act;
3
(6) $8,250,000 for mental health courts and
4
adult and juvenile collaboration program grants, as
5
authorized by parts V and HH of title I of the 1968
6
Act, and the Mentally Ill Offender Treatment and
7
Crime Reduction Reauthorization and Improvement
8
Act of 2008 (Public Law 110–416);
9
(7) $10,000,000 for grants for Residential Sub-
10
stance Abuse Treatment for State Prisoners, as au-
11
thorized by part S of title I of the 1968 Act;
12
(8) $2,000,000 for the Capital Litigation Im-
13
provement Grant Program, as authorized by section
14
426 of Public Law 108–405, and for grants for
15
wrongful conviction review;
16
(9) $10,000,000 for economic, high technology
17
and Internet crime prevention grants, including as
18
authorized by section 401 of Public Law 110–403;
19
(10) $2,000,000 for a student loan repayment
20
assistance program pursuant to section 952 of Pub-
21
lic Law 110–315;
22
(11) $20,000,000 for sex offender management
23
assistance, as authorized by the Adam Walsh Act,
24
and related activities;
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139
1
(12) $8,000,000 for an initiative relating to
2
children exposed to violence;
3
(13) $10,500,000 for an Edward Byrne Memo-
4
rial criminal justice innovation program;
5
(14) $22,500,000 for the matching grant pro-
6
gram for law enforcement armor vests, as authorized
7
by section 2501 of title I of the 1968 Act: Provided,
8
That $1,500,000 is transferred directly to the Na-
9
tional Institute of Standards and Technology’s Of-
10
fice of Law Enforcement Standards for research,
11
testing and evaluation programs;
12
(15) $1,000,000 for the National Sex Offender
13
Public Website;
14
(16) $8,500,000 for competitive and evidence-
15
based programs to reduce gun crime and gang vio-
16
lence;
17
(17) $58,500,000 for grants to States to up-
18
grade criminal and mental health records in the Na-
19
tional Instant Criminal Background Check System,
20
of which no less than $12,000,000 shall be for
21
grants made under the authorities of the NICS Im-
22
provement Amendments Act of 2007 (Public Law
23
110–180);
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140
1
(18) $12,000,000 for Paul Coverdell Forensic
2
Sciences Improvement Grants under part BB of title
3
I of the 1968 Act;
4
(19) $125,000,000 for DNA-related and foren-
5
sic programs and activities, of which—
6
(A) $117,000,000 is for a DNA analysis
7
and capacity enhancement program and for
8
other local, State, and Federal forensic activi-
9
ties, including the purposes authorized under
10
section 2 of the DNA Analysis Backlog Elimi-
11
nation Act of 2000 (Public Law 106–546) (the
12
Debbie Smith DNA Backlog Grant Program):
13
Provided, That up to 4 percent of funds made
14
available under this paragraph may be used for
15
the purposes described in the DNA Training
16
and Education for Law Enforcement, Correc-
17
tional Personnel, and Court Officers program
18
(Public Law 108–405, section 303);
19
(B) $4,000,000 is for the purposes de-
20
scribed in the Kirk Bloodsworth Post-Convic-
21
tion DNA Testing Program (Public Law 108–
22
405, section 412); and
23
(C) $4,000,000 is for Sexual Assault Fo-
24
rensic Exam Program grants, including as au-
25
thorized by section 304 of Public Law 108–405;
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141
1
(20) $6,000,000 for the court-appointed special
2
advocate program, as authorized by section 217 of
3
the 1990 Act;
4
(21) $30,000,000 for assistance to Indian
5
tribes;
6
(22) $67,750,000 for offender reentry programs
7
and research, as authorized by the Second Chance
8
Act of 2007 (Public Law 110–199), without regard
9
to the time limitations specified at section 6(1) of
10
such Act, of which not to exceed $6,000,000 is for
11
a program to improve State, local, and tribal proba-
12
tion or parole supervision efforts and strategies, and
13
$2,000,000 is for Children of Incarcerated Parents
14
Demonstrations to enhance and maintain parental
15
and family relationships for incarcerated parents as
16
a reentry or recidivism reduction strategy: Provided,
17
That up to $7,500,000 of funds made available in
18
this paragraph may be used for performance-based
19
awards for Pay for Success projects, of which up to
20
$5,000,000 shall be for Pay for Success programs
21
implementing the Permanent Supportive Housing
22
Model;
23
(23) $4,000,000 for a veterans treatment
24
courts program;
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142
1
(24) $750,000 for the purposes described in the
2
Missing Alzheimer’s Disease Patient Alert Program
3
(section 240001 of the 1994 Act);
4
(25) $7,000,000 for a program to monitor pre-
5
scription drugs and scheduled listed chemical prod-
6
ucts;
7
(26) $12,500,000 for prison rape prevention
8
and prosecution grants to States and units of local
9
government, and other programs, as authorized by
10
the Prison Rape Elimination Act of 2003 (Public
11
Law 108–79), of which not more than $150,000 of
12
these funds shall be available for the direct Federal
13
costs of facilitating an auditing process;
14
(27) $2,000,000 to operate a National Center
15
for Campus Public Safety;
16
(28) $27,500,000 for a justice reinvestment ini-
17
tiative, for activities related to criminal justice re-
18
form and recidivism reduction, of which not less
19
than $1,000,000 is for a task force on Federal cor-
20
rections;
21
(29) $4,000,000 for additional replication sites
22
employing the Project HOPE Opportunity Probation
23
with Enforcement model implementing swift and cer-
24
tain sanctions in probation, and for a research
25
project on the effectiveness of the model;
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143
1
(30) $12,500,000 for the Office of Victims of
2
Crime for supplemental victims’ services and other
3
victim-related programs and initiatives, including re-
4
search and statistics, and for tribal assistance for
5
victims of violence; and
6
(31) $75,000,000 for the Comprehensive School
7
Safety Initiative, described in the explanatory state-
8
ment described in section 4 (in the matter preceding
9
division A of this consolidated Act): Provided, That
10
section 213 of this Act shall not apply with respect
11
to the amount made available in this paragraph:
12 Provided, That, if a unit of local government uses any of
13 the funds made available under this heading to increase
14 the number of law enforcement officers, the unit of local
15 government will achieve a net gain in the number of law
16 enforcement officers who perform non-administrative pub17 lic sector safety service.
18
JUVENILE JUSTICE PROGRAMS
19
For grants, contracts, cooperative agreements, and
20 other assistance authorized by the Juvenile Justice and
21 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the
22 Omnibus Crime Control and Safe Streets Act of 1968
23 (‘‘the 1968 Act’’); the Violence Against Women and De24 partment of Justice Reauthorization Act of 2005 (Public
25 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
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144
1 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
2 Remedies and Other Tools to end the Exploitation of Chil3 dren Today Act of 2003 (Public Law 108–21); the Victims
4 of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the
5 1990 Act’’); the Adam Walsh Child Protection and Safety
6 Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh
7 Act’’); the PROTECT Our Children Act of 2008 (Public
8 Law 110–401); the Violence Against Women Reauthoriza9 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
10 and other juvenile justice programs, $254,500,000, to re11 main available until expended as follows—
12
(1) $55,500,000 for programs authorized by
13
section 221 of the 1974 Act, of which not more than
14
$10,000,000 may be used for activities specified in
15
section 1801(b)(2) of part R of title I of the 1968
16
Act; and for training and technical assistance to as-
17
sist small, nonprofit organizations with the Federal
18
grants process: Provided, That of the amounts pro-
19
vided under this paragraph, $500,000 shall be for a
20
competitive demonstration grant program to support
21
emergency planning among State, local and tribal
22
juvenile justice residential facilities;
23
(2) $88,500,000 for youth mentoring grants;
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145
1
(3) $15,000,000 for delinquency prevention, as
2
authorized by section 505 of the 1974 Act, of which,
3
pursuant to sections 261 and 262 thereof—
4
(A) $5,000,000 shall be for the Tribal
5
Youth Program;
6
(B) $2,500,000 shall be for gang and
7
youth violence education, prevention and inter-
8
vention, and related activities;
9
(C) $2,500,000 shall be for programs and
10
activities to enforce State laws prohibiting the
11
sale of alcoholic beverages to minors or the pur-
12
chase or consumption of alcoholic beverages by
13
minors, for prevention and reduction of con-
14
sumption of alcoholic beverages by minors, and
15
for technical assistance and training; and
16
(D) $5,000,000 shall be for competitive
17
grants to police and juvenile justice authorities
18
in communities that have been awarded Depart-
19
ment of Education School Climate Trans-
20
formation Grants to collaborate on use of evi-
21
dence-based positive behavior strategies to in-
22
crease school safety and reduce juvenile arrests;
23
(4) $19,000,000 for programs authorized by
24
the Victims of Child Abuse Act of 1990;
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146
1
(5) $5,500,000 for community-based violence
2
prevention initiatives, including for public health ap-
3
proaches to reducing shootings and violence;
4
(6) $67,000,000 for missing and exploited chil-
5
dren programs, including as authorized by sections
6
404(b) and 405(a) of the 1974 Act (except that sec-
7
tion 102(b)(4)(B) of the PROTECT Our Children
8
Act of 2008 (Public Law 110–401) shall not apply
9
for purposes of this Act);
10
(7) $1,500,000 for child abuse training pro-
11
grams for judicial personnel and practitioners, as
12
authorized by section 222 of the 1990 Act;
13
(8) $1,000,000 for grants and technical assist-
14
ance in support of the National Forum on Youth Vi-
15
olence Prevention;
16
(9) $500,000 for an Internet site providing in-
17
formation and resources on children of incarcerated
18
parents; and
19
(10) $1,000,000 for competitive grants focusing
20
on girls in the juvenile justice system:
21 Provided, That not more than 10 percent of each amount
22 may be used for research, evaluation, and statistics activi23 ties designed to benefit the programs or activities author24 ized: Provided further, That not more than 2 percent of
25 the amounts designated under paragraphs (1) through
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147
1 (5), (7) and (8) may be used for training and technical
2 assistance: Provided further, That the previous two pro3 visos shall not apply to grants and projects authorized by
4 sections 261 and 262 of the 1974 Act and to missing and
5 exploited children programs.
6
PUBLIC SAFETY OFFICER BENEFITS
7
For payments and expenses authorized under section
8 1001(a)(4) of title I of the Omnibus Crime Control and
9 Safe Streets Act of 1968, such sums as are necessary (in10 cluding amounts for administrative costs), to remain avail11 able until expended; and $16,300,000 for payments au12 thorized by section 1201(b) of such Act and for edu13 cational assistance authorized by section 1218 of such Act,
14 to remain available until expended: Provided, That not15 withstanding section 205 of this Act, upon a determina16 tion by the Attorney General that emergent circumstances
17 require additional funding for such disability and edu18 cation payments, the Attorney General may transfer such
19 amounts to ‘‘Public Safety Officer Benefits’’ from avail20 able appropriations for the Department of Justice as may
21 be necessary to respond to such circumstances: Provided
22 further, That any transfer pursuant to the previous pro23 viso shall be treated as a reprogramming under section
24 505 of this Act and shall not be available for obligation
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148
1 or expenditure except in compliance with the procedures
2 set forth in that section.
3
COMMUNITY ORIENTED POLICING SERVICES
4
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
5
For activities authorized by the Violent Crime Con-
6 trol and Law Enforcement Act of 1994 (Public Law 103–
7 322); the Omnibus Crime Control and Safe Streets Act
8 of 1968 (‘‘the 1968 Act’’); and the Violence Against
9 Women and Department of Justice Reauthorization Act
10 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’),
11 $214,000,000, to remain available until expended: Pro12 vided, That any balances made available through prior
13 year deobligations shall only be available in accordance
14 with section 505 of this Act: Provided further, That of the
15 amount provided under this heading—
16
(1) $10,000,000 is for anti-methamphetamine-
17
related activities, which shall be transferred to the
18
Drug Enforcement Administration upon enactment
19
of this Act;
20
(2) $16,500,000 is for improving tribal law en-
21
forcement, including hiring, equipment, training, and
22
anti-methamphetamine activities;
23
(3) $180,000,000 is for grants under section
24
1701 of title I of the 1968 Act (42 U.S.C. 3796dd)
25
for the hiring and rehiring of additional career law
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149
1
enforcement officers under part Q of such title not-
2
withstanding subsection (i) of such section: Pro-
3
vided, That, notwithstanding subsection (g) of the
4
1968 Act (42 U.S.C. 3796dd), the Federal share of
5
the costs of a project funded by such grants may not
6
exceed 75 percent unless the Director of the Office
7
of Community Oriented Policing Services waives,
8
wholly or in part, the requirement of a non-Federal
9
contribution to the costs of a project: Provided fur-
10
ther, That, notwithstanding section 1704(c) of such
11
title (42 U.S.C. 3796dd–3(c)), funding for hiring or
12
rehiring a career law enforcement officer may not
13
exceed $125,000 unless the Director of the Office of
14
Community Oriented Policing Services grants a
15
waiver from this limitation: Provided further, That
16
within the amounts appropriated, $16,500,000 shall
17
be transferred to the Tribal Resources Grant Pro-
18
gram: Provided further, That of the amounts appro-
19
priated under this paragraph, $7,500,000 is for
20
community policing development activities in fur-
21
therance of the purposes in section 1701: Provided
22
further, That within the amounts appropriated under
23
this paragraph, $5,000,000 is for the collaborative
24
reform model of technical assistance in furtherance
25
of the purposes in section 1701; and
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150
1
(4) $7,500,000 is for competitive grants to
2
State law enforcement agencies in States with high
3
seizures of precursor chemicals, finished meth-
4
amphetamine, laboratories, and laboratory dump sei-
5
zures: Provided, That funds appropriated under this
6
paragraph shall be utilized for investigative purposes
7
to locate or investigate illicit activities, including
8
precursor diversion, laboratories, or methamphet-
9
amine traffickers.
10
GENERAL PROVISIONS—DEPARTMENT
11
OF
JUSTICE
SEC. 201. In addition to amounts otherwise made
12 available in this title for official reception and representa13 tion expenses, a total of not to exceed $50,000 from funds
14 appropriated to the Department of Justice in this title
15 shall be available to the Attorney General for official re16 ception and representation expenses.
17
SEC. 202. None of the funds appropriated by this
18 title shall be available to pay for an abortion, except where
19 the life of the mother would be endangered if the fetus
20 were carried to term, or in the case of rape: Provided,
21 That should this prohibition be declared unconstitutional
22 by a court of competent jurisdiction, this section shall be
23 null and void.
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151
1
SEC. 203. None of the funds appropriated under this
2 title shall be used to require any person to perform, or
3 facilitate in any way the performance of, any abortion.
4
SEC. 204. Nothing in the preceding section shall re-
5 move the obligation of the Director of the Bureau of Pris6 ons to provide escort services necessary for a female in7 mate to receive such service outside the Federal facility:
8 Provided, That nothing in this section in any way dimin9 ishes the effect of section 203 intended to address the phil10 osophical beliefs of individual employees of the Bureau of
11 Prisons.
12
SEC. 205. Not to exceed 5 percent of any appropria-
13 tion made available for the current fiscal year for the De14 partment of Justice in this Act may be transferred be15 tween such appropriations, but no such appropriation, ex16 cept as otherwise specifically provided, shall be increased
17 by more than 10 percent by any such transfers: Provided,
18 That any transfer pursuant to this section shall be treated
19 as a reprogramming of funds under section 505 of this
20 Act and shall not be available for obligation except in com21 pliance with the procedures set forth in that section.
22
SEC. 206. The Attorney General is authorized to ex-
23 tend through September 30, 2014, the Personnel Manage24 ment Demonstration Project transferred to the Attorney
25 General pursuant to section 1115 of the Homeland Secu-
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152
1 rity Act of 2002 (Public Law 107–296; 28 U.S.C. 599B)
2 without limitation on the number of employees or the posi3 tions covered.
4
SEC. 207. None of the funds made available under
5 this title may be used by the Federal Bureau of Prisons
6 or the United States Marshals Service for the purpose of
7 transporting an individual who is a prisoner pursuant to
8 conviction for crime under State or Federal law and is
9 classified as a maximum or high security prisoner, other
10 than to a prison or other facility certified by the Federal
11 Bureau of Prisons as appropriately secure for housing
12 such a prisoner.
13
SEC. 208. (a) None of the funds appropriated by this
14 Act may be used by Federal prisons to purchase cable tele15 vision services, or to rent or purchase audiovisual or elec16 tronic media or equipment used primarily for recreational
17 purposes.
18
(b) Subsection (a) does not preclude the rental, main-
19 tenance, or purchase of audiovisual or electronic media or
20 equipment for inmate training, religious, or educational
21 programs.
22
SEC. 209. None of the funds made available under
23 this title shall be obligated or expended for any new or
24 enhanced information technology program having total es25 timated development costs in excess of $100,000,000, un-
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153
1 less the Deputy Attorney General and the investment re2 view board certify to the Committees on Appropriations
3 of the House of Representatives and the Senate that the
4 information technology program has appropriate program
5 management controls and contractor oversight mecha6 nisms in place, and that the program is compatible with
7 the enterprise architecture of the Department of Justice.
8
SEC. 210. The notification thresholds and procedures
9 set forth in section 505 of this Act shall apply to devi10 ations from the amounts designated for specific activities
11 in this Act and in the explanatory statement described in
12 section 4 (in the matter preceding division A of this con13 solidated Act), and to any use of deobligated balances of
14 funds provided under this title in previous years.
15
SEC. 211. None of the funds appropriated by this Act
16 may be used to plan for, begin, continue, finish, process,
17 or approve a public-private competition under the Office
18 of Management and Budget Circular A–76 or any suc19 cessor administrative regulation, directive, or policy for
20 work performed by employees of the Bureau of Prisons
21 or of Federal Prison Industries, Incorporated.
22
SEC. 212. Notwithstanding any other provision of
23 law, no funds shall be available for the salary, benefits,
24 or expenses of any United States Attorney assigned dual
25 or additional responsibilities by the Attorney General or
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154
1 his designee that exempt that United States Attorney
2 from the residency requirements of section 545 of title 28,
3 United States Code.
4
SEC. 213. At the discretion of the Attorney General,
5 and in addition to any amounts that otherwise may be
6 available (or authorized to be made available) by law, with
7 respect to funds appropriated by this title under the head8 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
9 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus10 tice Programs’’—
11
(1) up to 3 percent of funds made available to
12
the Office of Justice Programs for grant or reim-
13
bursement programs may be used by such Office to
14
provide training and technical assistance; and
15
(2) up to 2 percent of funds made available for
16
grant or reimbursement programs under such head-
17
ings, except for amounts appropriated specifically for
18
research, evaluation, or statistical programs adminis-
19
tered by the National Institute of Justice and the
20
Bureau of Justice Statistics, shall be transferred to
21
and merged with funds provided to the National In-
22
stitute of Justice and the Bureau of Justice Statis-
23
tics, to be used by them for research, evaluation, or
24
statistical purposes, without regard to the authoriza-
25
tions for such grant or reimbursement programs.
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155
1
SEC. 214. Upon request by a grantee for whom the
2 Attorney General has determined there is a fiscal hard3 ship, the Attorney General may, with respect to funds ap4 propriated in this or any other Act making appropriations
5 for fiscal years 2011 through 2014 for the following pro6 grams, waive the following requirements:
7
(1) For the adult and juvenile offender State
8
and local reentry demonstration projects under part
9
FF of title I of the Omnibus Crime Control and
10
Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)),
11
the requirements under section 2976(g)(1) of such
12
part.
13
(2) For State, Tribal, and local reentry courts
14
under part FF of title I of such Act of 1968 (42
15
U.S.C. 3797w–2(e)(1) and (2)), the requirements
16
under section 2978(e)(1) and (2) of such part.
17
(3) For the prosecution drug treatment alter-
18
natives to prison program under part CC of title I
19
of such Act of 1968 (42 U.S.C. 3797q–3), the re-
20
quirements under section 2904 of such part.
21
(4) For grants to protect inmates and safe-
22
guard communities as authorized by section 6 of the
23
Prison Rape Elimination Act of 2003 (42 U.S.C.
24
15605(c)(3)), the requirements of section 6(c)(3) of
25
such Act.
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156
1
SEC. 215. Notwithstanding any other provision of
2 law, section 20109(a) of subtitle A of title II of the Violent
3 Crime Control and Law Enforcement Act of 1994 (42
4 U.S.C. 13709(a)) shall not apply to amounts made avail5 able by this or any other Act.
6
SEC. 216. None of the funds made available under
7 this Act, other than for the national instant criminal back8 ground check system established under section 103 of the
9 Brady Handgun Violence Prevention Act (18 U.S.C. 922
10 note), may be used by a Federal law enforcement officer
11 to facilitate the transfer of an operable firearm to an indi12 vidual if the Federal law enforcement officer knows or sus13 pects that the individual is an agent of a drug cartel, un14 less law enforcement personnel of the United States con15 tinuously monitor or control the firearm at all times.
16
SEC. 217. (a) None of the income retained in the De-
17 partment of Justice Working Capital Fund pursuant to
18 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
19 527 note) shall be available for obligation during fiscal
20 year 2014.
21
(b) Not to exceed $30,000,000 of the unobligated bal-
22 ances transferred to the capital account of the Department
23 of Justice Working Capital Fund pursuant to title I of
24 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note)
25 shall be available for obligation in fiscal year 2014, and
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157
1 any use, obligation, transfer or allocation of such funds
2 shall be treated as a reprogramming of funds under sec3 tion 505 of this Act.
4
(c) Not to exceed $10,000,000 of the excess unobli-
5 gated balances available under section 524(c)(8)(E) of
6 title 28, United States Code, shall be available for obliga7 tion during fiscal year 2014, and any use, obligation,
8 transfer or allocation of such funds shall be treated as a
9 reprogramming of funds under section 505 of this Act.
10
(d) Of amounts available in the Assets Forfeiture
11 Fund in fiscal year 2014, $154,700,000 shall be for pay12 ments associated with joint law enforcement operations as
13 authorized by section 524(c)(1)(I) of title 28, United
14 States Code.
15
(e) The Attorney General shall submit a spending
16 plan to the Committees on Appropriations of the House
17 of Representatives and the Senate not later than 30 days
18 after the date of enactment of this Act detailing the
19 planned distribution of Assets Forfeiture Fund joint law
20 enforcement operations funding during fiscal year 2014.
21
(f) Subsections (a) through (d) of this section shall
22 sunset on September 30, 2014.
23
This title may be cited as the ‘‘Department of Justice
24 Appropriations Act, 2014’’.
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158
1
TITLE III
2
SCIENCE
3
OFFICE
4
For necessary expenses of the Office of Science and
OF
SCIENCE
AND
TECHNOLOGY POLICY
5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
8 passenger motor vehicles, and services as authorized by
9 section 3109 of title 5, United States Code, not to exceed
10 $2,250 for official reception and representation expenses,
11 and rental of conference rooms in the District of Colum12 bia, $5,555,000.
13
NATIONAL AERONAUTICS
14
AND
SPACE ADMINISTRATION
SCIENCE
15
For necessary expenses, not otherwise provided for,
16 in the conduct and support of science research and devel17 opment activities, including research, development, oper18 ations, support, and services; maintenance and repair, fa19 cility planning and design; space flight, spacecraft control,
20 and communications activities; program management; per21 sonnel and related costs, including uniforms or allowances
22 therefor, as authorized by sections 5901 and 5902 of title
23 5, United States Code; travel expenses; purchase and hire
24 of passenger motor vehicles; and purchase, lease, charter,
25 maintenance, and operation of mission and administrative
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159
1 aircraft, $5,151,200,000, to remain available until Sep2 tember 30, 2015: Provided, That the formulation and de3 velopment costs (with development cost as defined under
4 section 30104 of title 51, United States Code) for the
5 James
Webb
Space
Telescope
shall
not
exceed
6 $8,000,000,000: Provided further, That should the indi7 vidual identified under subsection (c)(2)(E) of section
8 30104 of title 51, United States Code, as responsible for
9 the James Webb Space Telescope determine that the de10 velopment cost of the program is likely to exceed that limi11 tation, the individual shall immediately notify the Admin12 istrator and the increase shall be treated as if it meets
13 the 30 percent threshold described in subsection (f) of sec14 tion 30104: Provided further, That $80,000,000 shall be
15 for pre-formulation and/or formulation activities for a mis16 sion that meets the science goals outlined for the Jupiter
17 Europa mission in the most recent planetary science
18 decadal survey.
19
AERONAUTICS
20
For necessary expenses, not otherwise provided for,
21 in the conduct and support of aeronautics research and
22 development activities, including research, development,
23 operations, support, and services; maintenance and repair,
24 facility planning and design; space flight, spacecraft con25 trol, and communications activities; program manage-
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160
1 ment; personnel and related costs, including uniforms or
2 allowances therefor, as authorized by sections 5901 and
3 5902 of title 5, United States Code; travel expenses; pur4 chase and hire of passenger motor vehicles; and purchase,
5 lease, charter, maintenance, and operation of mission and
6 administrative aircraft, $566,000,000, to remain available
7 until September 30, 2015.
8
SPACE TECHNOLOGY
9
For necessary expenses, not otherwise provided for,
10 in the conduct and support of space research and tech11 nology development activities, including research, develop12 ment, operations, support, and services; maintenance and
13 repair, facility planning and design; space flight, space14 craft control, and communications activities; program
15 management; personnel and related costs, including uni16 forms or allowances therefor, as authorized by sections
17 5901 and 5902 of title 5, United States Code; travel ex18 penses; purchase and hire of passenger motor vehicles; and
19 purchase, lease, charter, maintenance, and operation of
20 mission and administrative aircraft, $576,000,000, to re21 main available until September 30, 2015.
22
EXPLORATION
23
For necessary expenses, not otherwise provided for,
24 in the conduct and support of exploration research and
25 development activities, including research, development,
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161
1 operations, support, and services; maintenance and repair,
2 facility planning and design; space flight, spacecraft con3 trol, and communications activities; program manage4 ment; personnel and related costs, including uniforms or
5 allowances therefor, as authorized by sections 5901 and
6 5902 of title 5, United States Code; travel expenses; pur7 chase and hire of passenger motor vehicles; and purchase,
8 lease, charter, maintenance, and operation of mission and
9 administrative aircraft, $4,113,200,000, to remain avail10 able until September 30, 2015: Provided, That not less
11 than $1,197,000,000 shall be for the Orion Multi-Purpose
12 Crew Vehicle: Provided further, That not less than
13 $1,918,200,000 shall be for the Space Launch System,
14 which shall have a lift capability not less than 130 metric
15 tons and which shall have an upper stage and other core
16 elements developed simultaneously: Provided further, That
17 of the funds made available for the Space Launch System,
18 $1,600,000,000 shall be for launch vehicle development
19 and $318,200,000 shall be for exploration ground sys20 tems: Provided further, That funds made available for the
21 Orion Multi-Purpose Crew Vehicle and Space Launch Sys22 tem are in addition to funds provided for these programs
23 under the ‘‘Construction and Environmental Compliance
24 and
Restoration’’
heading:
Provided
further,
That
25 $696,000,000 shall be for commercial spaceflight activi-
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162
1 ties, of which $171,000,000 shall be made available after
2 the Administrator of the National Aeronautics and Space
3 Administration has certified that the commercial crew pro4 gram has undergone an independent benefit-cost analysis
5 that takes into consideration the total Federal investment
6 in the commercial crew program and the expected oper7 ational life of the International Space Station as described
8 in the explanatory statement described in section 4 (in the
9 matter preceding division A of this consolidated Act): Pro10 vided further, That $302,000,000 shall be for exploration
11 research and development.
12
SPACE OPERATIONS
13
For necessary expenses, not otherwise provided for,
14 in the conduct and support of space operations research
15 and development activities, including research, develop16 ment, operations, support and services; space flight, space17 craft control and communications activities, including op18 erations, production, and services; maintenance and re19 pair, facility planning and design; program management;
20 personnel and related costs, including uniforms or allow21 ances therefor, as authorized by sections 5901 and 5902
22 of title 5, United States Code; travel expenses; purchase
23 and hire of passenger motor vehicles; and purchase, lease,
24 charter, maintenance and operation of mission and admin-
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163
1 istrative aircraft, $3,778,000,000, to remain available
2 until September 30, 2015.
3
EDUCATION
4
For necessary expenses, not otherwise provided for,
5 in carrying out aerospace and aeronautical education re6 search and development activities, including research, de7 velopment, operations, support, and services; program
8 management; personnel and related costs, including uni9 forms or allowances therefor, as authorized by sections
10 5901 and 5902 of title 5, United States Code; travel ex11 penses; purchase and hire of passenger motor vehicles; and
12 purchase, lease, charter, maintenance, and operation of
13 mission and administrative aircraft, $116,600,000, to re14 main available until September 30, 2015, of which
15 $18,000,000 shall be for the Experimental Program to
16 Stimulate Competitive Research and $40,000,000 shall be
17 for the National Space Grant College program.
18
CROSS AGENCY SUPPORT
19
For necessary expenses, not otherwise provided for,
20 in the conduct and support of science, aeronautics, explo21 ration, space operations and education research and devel22 opment activities, including research, development, oper23 ations, support, and services; maintenance and repair, fa24 cility planning and design; space flight, spacecraft control,
25 and communications activities; program management; per-
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164
1 sonnel and related costs, including uniforms or allowances
2 therefor, as authorized by sections 5901 and 5902 of title
3 5, United States Code; travel expenses; purchase and hire
4 of passenger motor vehicles; not to exceed $63,000 for of5 ficial reception and representation expenses; and purchase,
6 lease, charter, maintenance, and operation of mission and
7 administrative aircraft, $2,793,000,000, to remain avail8 able until September 30, 2015: Provided, That not less
9 than $39,100,000 shall be available for independent
10 verification and validation activities.
11
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
12
RESTORATION
13
For necessary expenses for construction of facilities
14 including repair, rehabilitation, revitalization, and modi15 fication of facilities, construction of new facilities and ad16 ditions to existing facilities, facility planning and design,
17 and restoration, and acquisition or condemnation of real
18 property, as authorized by law, and environmental compli19 ance and restoration, $515,000,000, to remain available
20 until September 30, 2019: Provided, That proceeds from
21 leases deposited into this account shall be available for a
22 period of 5 years to the extent and in amounts as provided
23 in annual appropriations Acts: Provided further, That such
24 proceeds referred to in the preceding proviso shall be avail25 able for obligation for fiscal year 2014 in an amount not
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165
1 to exceed $9,584,100: Provided further, That each annual
2 budget request shall include an annual estimate of gross
3 receipts and collections and proposed use of all funds col4 lected pursuant to section 315 of the National Aeronautics
5 and Space Act of 1958 (51 U.S.C. 20145).
6
OFFICE OF INSPECTOR GENERAL
7
For necessary expenses of the Office of Inspector
8 General in carrying out the Inspector General Act of 1978,
9 $37,500,000, of which $500,000 shall remain available
10 until September 30, 2015.
11
ADMINISTRATIVE PROVISIONS
12
Funds for announced prizes otherwise authorized
13 shall remain available, without fiscal year limitation, until
14 the prize is claimed or the offer is withdrawn.
15
Not to exceed 5 percent of any appropriation made
16 available for the current fiscal year for the National Aero17 nautics and Space Administration in this Act may be
18 transferred between such appropriations, but no such ap19 propriation, except as otherwise specifically provided, shall
20 be increased by more than 10 percent by any such trans21 fers. Balances so transferred shall be merged with and
22 available for the same purposes and the same time period
23 as the appropriations to which transferred. Any transfer
24 pursuant to this provision shall be treated as a reprogram25 ming of funds under section 505 of this Act and shall not
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166
1 be available for obligation except in compliance with the
2 procedures set forth in that section.
3
The spending plan required by this Act shall be pro-
4 vided by NASA at the theme, program, project and activ5 ity level. The spending plan, as well as any subsequent
6 change of an amount established in that spending plan
7 that meets the notification requirements of section 505 of
8 this Act, shall be treated as a reprogramming under sec9 tion 505 of this Act and shall not be available for obliga10 tion or expenditure except in compliance with the proce11 dures set forth in that section.
12
NATIONAL SCIENCE FOUNDATION
13
RESEARCH AND RELATED ACTIVITIES
14
For necessary expenses in carrying out the National
15 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
16 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
17 as authorized by section 3109 of title 5, United States
18 Code; maintenance and operation of aircraft and purchase
19 of flight services for research support; acquisition of air20 craft; and authorized travel; $5,808,918,000, to remain
21 available until September 30, 2015, of which not to exceed
22 $520,000,000 shall remain available until expended for
23 polar research and operations support, and for reimburse24 ment to other Federal agencies for operational and science
25 support and logistical and other related activities for the
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167
1 United States Antarctic program: Provided, That receipts
2 for scientific support services and materials furnished by
3 the National Research Centers and other National Science
4 Foundation supported research facilities may be credited
5 to this appropriation: Provided further, That not less than
6 $158,190,000 shall be available for activities authorized
7 by section 7002(c)(2)(A)(iv) of Public Law 110–69.
8
MAJOR RESEARCH EQUIPMENT AND FACILITIES
9
CONSTRUCTION
10
For necessary expenses for the acquisition, construc-
11 tion, commissioning, and upgrading of major research
12 equipment, facilities, and other such capital assets pursu13 ant to the National Science Foundation Act of 1950 (42
14 U.S.C. 1861 et seq.), including authorized travel,
15 $200,000,000, to remain available until expended.
16
EDUCATION AND HUMAN RESOURCES
17
For necessary expenses in carrying out science, math-
18 ematics and engineering education and human resources
19 programs and activities pursuant to the National Science
20 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ21 ing services as authorized by section 3109 of title 5,
22 United States Code, authorized travel, and rental of con23 ference rooms in the District of Columbia, $846,500,000,
24 to remain available until September 30, 2015: Provided,
25 That not less than $60,890,000 shall be available until
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168
1 expended for activities authorized by section 7030 of Pub2 lic Law 110–69.
3
AGENCY OPERATIONS AND AWARD MANAGEMENT
4
For agency operations and award management nec-
5 essary in carrying out the National Science Foundation
6 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized
7 by section 3109 of title 5, United States Code; hire of pas8 senger motor vehicles; uniforms or allowances therefor, as
9 authorized by sections 5901 and 5902 of title 5, United
10 States Code; rental of conference rooms in the District of
11 Columbia; and reimbursement of the Department of
12 Homeland
Security
for
security
guard
services;
13 $298,000,000: Provided, That not to exceed $8,280 is for
14 official reception and representation expenses: Provided
15 further, That contracts may be entered into under this
16 heading in fiscal year 2014 for maintenance and operation
17 of facilities and for other services to be provided during
18 the next fiscal year.
19
OFFICE OF THE NATIONAL SCIENCE BOARD
20
For necessary expenses (including payment of sala-
21 ries, authorized travel, hire of passenger motor vehicles,
22 the rental of conference rooms in the District of Columbia,
23 and the employment of experts and consultants under sec24 tion 3109 of title 5, United States Code) involved in car25 rying out section 4 of the National Science Foundation
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169
1 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209
2 (42 U.S.C. 1880 et seq.), $4,300,000: Provided, That not
3 to exceed $2,500 shall be available for official reception
4 and representation expenses.
5
OFFICE OF INSPECTOR GENERAL
6
For necessary expenses of the Office of Inspector
7 General as authorized by the Inspector General Act of
8 1978, $14,200,000, of which $400,000 shall remain avail9 able until September 30, 2015.
10
ADMINISTRATIVE PROVISION
11
Not to exceed 5 percent of any appropriation made
12 available for the current fiscal year for the National
13 Science Foundation in this Act may be transferred be14 tween such appropriations, but no such appropriation shall
15 be increased by more than 15 percent by any such trans16 fers. Any transfer pursuant to this section shall be treated
17 as a reprogramming of funds under section 505 of this
18 Act and shall not be available for obligation except in com19 pliance with the procedures set forth in that section.
20
This title may be cited as the ‘‘Science Appropria-
21 tions Act, 2014’’.
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170
1
TITLE IV
2
RELATED AGENCIES
3
COMMISSION
ON
CIVIL RIGHTS
4
SALARIES AND EXPENSES
5
(INCLUDING TRANSFER OF FUNDS)
6
For necessary expenses of the Commission on Civil
7 Rights, including hire of passenger motor vehicles,
8 $9,000,000: Provided, That none of the funds appro9 priated in this paragraph shall be used to employ in excess
10 of four full-time individuals under Schedule C of the Ex11 cepted Service exclusive of one special assistant for each
12 Commissioner: Provided further, That none of the funds
13 appropriated in this paragraph shall be used to reimburse
14 Commissioners for more than 75 billable days, with the
15 exception of the chairperson, who is permitted 125 billable
16 days: Provided further, That none of the funds appro17 priated in this paragraph shall be used for any activity
18 or expense that is not explicitly authorized by section 3
19 of the Civil Rights Commission Act of 1983 (42 U.S.C.
20 1975a): Provided further, That the Inspector General for
21 the Commission on Civil Rights (CCR IG), as provided
22 in Public Law 113–6, is authorized to close out all work
23 related to pending or closed investigations, to complete
24 pending investigations, and to terminate all activities re25 lated to the duties, responsibilities and authorities of the
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171
1 CCR IG: Provided further, That when the CCR IG con2 cludes that all pending investigations have been completed,
3 all work related to pending or closed investigations has
4 been closed out, and all activities related to the duties,
5 responsibilities and authorities of the CCR IG have ended,
6 the CCR IG shall certify that conclusion to the Commit7 tees on Appropriations of the House of Representatives
8 and the Senate, and the Office of the CCR IG shall then
9 be terminated: Provided further, That of the amounts
10 made available in this paragraph, $70,000 shall be trans11 ferred directly to the Office of Inspector General of the
12 Government Accountability Office upon enactment of this
13 Act for salaries and expenses necessary to carry out the
14 completion of pending investigations and the closing and
15 termination of work and activities relating to the duties,
16 responsibilities and authorities of the CCR IG.
17
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
18
SALARIES AND EXPENSES
19
For necessary expenses of the Equal Employment
20 Opportunity Commission as authorized by title VII of the
21 Civil Rights Act of 1964, the Age Discrimination in Em22 ployment Act of 1967, the Equal Pay Act of 1963, the
23 Americans with Disabilities Act of 1990, section 501 of
24 the Rehabilitation Act of 1973, the Civil Rights Act of
25 1991, the Genetic Information Non-Discrimination Act
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172
1 (GINA) of 2008 (Public Law 110–233), the ADA Amend2 ments Act of 2008 (Public Law 110–325), and the Lilly
3 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in4 cluding services as authorized by section 3109 of title 5,
5 United States Code; hire of passenger motor vehicles as
6 authorized by section 1343(b) of title 31, United States
7 Code; nonmonetary awards to private citizens; and up to
8 $29,500,000 for payments to State and local enforcement
9 agencies for authorized services to the Commission,
10 $364,000,000: Provided, That the Commission is author11 ized to make available for official reception and represen12 tation expenses not to exceed $2,250 from available funds:
13 Provided further, That the Commission may take no action
14 to implement any workforce repositioning, restructuring,
15 or reorganization until such time as the Committees on
16 Appropriations of the House of Representatives and the
17 Senate have been notified of such proposals, in accordance
18 with the reprogramming requirements of section 505 of
19 this Act: Provided further, That the Chair is authorized
20 to accept and use any gift or donation to carry out the
21 work of the Commission.
22
INTERNATIONAL TRADE COMMISSION
23
SALARIES AND EXPENSES
24
For necessary expenses of the International Trade
25 Commission, including hire of passenger motor vehicles
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173
1 and services as authorized by section 3109 of title 5,
2 United States Code, and not to exceed $2,250 for official
3 reception and representation expenses, $83,000,000, to re4 main available until expended.
5
LEGAL SERVICES CORPORATION
6
PAYMENT TO THE LEGAL SERVICES CORPORATION
7
For payment to the Legal Services Corporation to
8 carry out the purposes of the Legal Services Corporation
9 Act of 1974, $365,000,000, of which $335,700,000 is for
10 basic field programs and required independent audits;
11 $4,350,000 is for the Office of Inspector General, of which
12 such amounts as may be necessary may be used to conduct
13 additional audits of recipients; $18,000,000 is for manage14 ment and grants oversight; $3,450,000 is for client self15 help and information technology; $2,500,000 is for a Pro
16 Bono Innovation Fund; and $1,000,000 is for loan repay17 ment assistance: Provided, That the Legal Services Cor18 poration may continue to provide locality pay to officers
19 and employees at a rate no greater than that provided by
20 the Federal Government to Washington, DC-based em21 ployees as authorized by section 5304 of title 5, United
22 States Code, notwithstanding section 1005(d) of the Legal
23 Services Corporation Act (42 U.S.C. 2996(d)): Provided
24 further, That the authorities provided in section 205 of
25 this Act shall be applicable to the Legal Services Corpora-
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174
1 tion: Provided further, That, for the purposes of section
2 505 of this Act, the Legal Services Corporation shall be
3 considered an agency of the United States Government.
4
ADMINISTRATIVE PROVISION—LEGAL SERVICES
5
CORPORATION
6
None of the funds appropriated in this Act to the
7 Legal Services Corporation shall be expended for any pur8 pose prohibited or limited by, or contrary to any of the
9 provisions of, sections 501, 502, 503, 504, 505, and 506
10 of Public Law 105–119, and all funds appropriated in this
11 Act to the Legal Services Corporation shall be subject to
12 the same terms and conditions set forth in such sections,
13 except that all references in sections 502 and 503 to 1997
14 and 1998 shall be deemed to refer instead to 2013 and
15 2014, respectively.
16
MARINE MAMMAL COMMISSION
17
SALARIES AND EXPENSES
18
For necessary expenses of the Marine Mammal Com-
19 mission as authorized by title II of the Marine Mammal
20 Protection Act of 1972 (16 U.S.C. 1361 et seq.),
21 $3,250,000.
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175
1
OFFICE
OF THE
UNITED STATES TRADE
2
REPRESENTATIVE
3
SALARIES AND EXPENSES
4
For necessary expenses of the Office of the United
5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and
7 consultants as authorized by section 3109 of title 5,
8 United States Code, $52,601,000, of which $1,000,000
9 shall remain available until expended: Provided, That not
10 to exceed $124,000 shall be available for official reception
11 and representation expenses.
12
STATE JUSTICE INSTITUTE
13
SALARIES AND EXPENSES
14
For necessary expenses of the State Justice Institute,
15 as authorized by the State Justice Institute Authorization
16 Act of 1984 (42 U.S.C. 10701 et seq.) $4,900,000, of
17 which $500,000 shall remain available until September 30,
18 2015: Provided, That not to exceed $2,250 shall be avail19 able for official reception and representation expenses:
20 Provided further, That, for the purposes of section 505
21 of this Act, the State Justice Institute shall be considered
22 an agency of the United States Government.
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176
1
TITLE V
2
GENERAL PROVISIONS
3
(INCLUDING RESCISSIONS)
4
SEC. 501. No part of any appropriation contained in
5 this Act shall be used for publicity or propaganda purposes
6 not authorized by the Congress.
7
SEC. 502. No part of any appropriation contained in
8 this Act shall remain available for obligation beyond the
9 current fiscal year unless expressly so provided herein.
10
SEC. 503. The expenditure of any appropriation
11 under this Act for any consulting service through procure12 ment contract, pursuant to section 3109 of title 5, United
13 States Code, shall be limited to those contracts where such
14 expenditures are a matter of public record and available
15 for public inspection, except where otherwise provided
16 under existing law, or under existing Executive order
17 issued pursuant to existing law.
18
SEC. 504. If any provision of this Act or the applica-
19 tion of such provision to any person or circumstances shall
20 be held invalid, the remainder of the Act and the applica21 tion of each provision to persons or circumstances other
22 than those as to which it is held invalid shall not be af23 fected thereby.
24
SEC. 505. None of the funds provided under this Act,
25 or provided under previous appropriations Acts to the
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177
1 agencies funded by this Act that remain available for obli2 gation or expenditure in fiscal year 2014, or provided from
3 any accounts in the Treasury of the United States derived
4 by the collection of fees available to the agencies funded
5 by this Act, shall be available for obligation or expenditure
6 through a reprogramming of funds that: (1) creates or ini7 tiates a new program, project or activity; (2) eliminates
8 a program, project or activity; (3) increases funds or per9 sonnel by any means for any project or activity for which
10 funds have been denied or restricted; (4) relocates an of11 fice or employees; (5) reorganizes or renames offices, pro12 grams or activities; (6) contracts out or privatizes any
13 functions or activities presently performed by Federal em14 ployees; (7) augments existing programs, projects or ac15 tivities in excess of $500,000 or 10 percent, whichever is
16 less, or reduces by 10 percent funding for any program,
17 project or activity, or numbers of personnel by 10 percent;
18 or (8) results from any general savings, including savings
19 from a reduction in personnel, which would result in a
20 change in existing programs, projects or activities as ap21 proved by Congress; unless the House and Senate Com22 mittees on Appropriations are notified 15 days in advance
23 of such reprogramming of funds by agencies (excluding
24 agencies of the Department of Justice) funded by this Act
25 and 45 days in advance of such reprogramming of funds
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178
1 by agencies of the Department of Justice funded by this
2 Act.
3
SEC. 506. (a) If it has been finally determined by
4 a court or Federal agency that any person intentionally
5 affixed a label bearing a ‘‘Made in America’’ inscription,
6 or any inscription with the same meaning, to any product
7 sold in or shipped to the United States that is not made
8 in the United States, the person shall be ineligible to re9 ceive any contract or subcontract made with funds made
10 available in this Act, pursuant to the debarment, suspen11 sion, and ineligibility procedures described in sections
12 9.400 through 9.409 of title 48, Code of Federal Regula13 tions.
14
(b)(1) To the extent practicable, with respect to au-
15 thorized purchases of promotional items, funds made
16 available by this Act shall be used to purchase items that
17 are manufactured, produced, or assembled in the United
18 States, its territories or possessions.
19
(2) The term ‘‘promotional items’’ has the meaning
20 given the term in OMB Circular A–87, Attachment B,
21 Item (1)(f)(3).
22
SEC. 507. (a) The Departments of Commerce and
23 Justice, the National Science Foundation, and the Na24 tional Aeronautics and Space Administration shall provide
25 to the Committees on Appropriations of the House of Rep-
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179
1 resentatives and the Senate a quarterly report on the sta2 tus of balances of appropriations at the account level. For
3 unobligated, uncommitted balances and unobligated, com4 mitted balances the quarterly reports shall separately
5 identify the amounts attributable to each source year of
6 appropriation from which the balances were derived. For
7 balances that are obligated, but unexpended, the quarterly
8 reports shall separately identify amounts by the year of
9 obligation.
10
(b) The report described in subsection (a) shall be
11 submitted within 30 days of the end of the first quarter
12 of fiscal year 2014, and subsequent reports shall be sub13 mitted within 30 days of the end of each quarter there14 after.
15
(c) If a department or agency is unable to fulfill any
16 aspect of a reporting requirement described in subsection
17 (a) due to a limitation of a current accounting system,
18 the department or agency shall fulfill such aspect to the
19 maximum extent practicable under such accounting sys20 tem and shall identify and describe in each quarterly re21 port the extent to which such aspect is not fulfilled.
22
SEC. 508. Any costs incurred by a department or
23 agency funded under this Act resulting from, or to pre24 vent, personnel actions taken in response to funding re25 ductions included in this Act shall be absorbed within the
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180
1 total budgetary resources available to such department or
2 agency: Provided, That the authority to transfer funds be3 tween appropriations accounts as may be necessary to
4 carry out this section is provided in addition to authorities
5 included elsewhere in this Act: Provided further, That use
6 of funds to carry out this section shall be treated as a
7 reprogramming of funds under section 505 of this Act and
8 shall not be available for obligation or expenditure except
9 in compliance with the procedures set forth in that section:
10 Provided further, That for the Department of Commerce,
11 this section shall also apply to actions taken for the care
12 and protection of loan collateral or grant property.
13
SEC. 509. None of the funds provided by this Act
14 shall be available to promote the sale or export of tobacco
15 or tobacco products, or to seek the reduction or removal
16 by any foreign country of restrictions on the marketing
17 of tobacco or tobacco products, except for restrictions
18 which are not applied equally to all tobacco or tobacco
19 products of the same type.
20
SEC. 510. Notwithstanding any other provision of
21 law, amounts deposited or available in the Fund estab22 lished by section 1402 of chapter XIV of title II of Public
23 Law 98–473 (42 U.S.C. 10601) in any fiscal year in ex24 cess of $745,000,000 shall not be available for obligation
25 until the following fiscal year.
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181
1
SEC. 511. None of the funds made available to the
2 Department of Justice in this Act may be used to discrimi3 nate against or denigrate the religious or moral beliefs of
4 students who participate in programs for which financial
5 assistance is provided from those funds, or of the parents
6 or legal guardians of such students.
7
SEC. 512. None of the funds made available in this
8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except
10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriations Act.
12
SEC. 513. Any funds provided in this Act used to im-
13 plement E-Government Initiatives shall be subject to the
14 procedures set forth in section 505 of this Act.
15
SEC. 514. (a) The Inspectors General of the Depart-
16 ment of Commerce, the Department of Justice, the Na17 tional Aeronautics and Space Administration, the Na18 tional Science Foundation, and the Legal Services Cor19 poration shall conduct audits, pursuant to the Inspector
20 General Act (5 U.S.C. App.), of grants or contracts for
21 which funds are appropriated by this Act, and shall submit
22 reports to Congress on the progress of such audits, which
23 may include preliminary findings and a description of
24 areas of particular interest, within 180 days after initi-
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182
1 ating such an audit and every 180 days thereafter until
2 any such audit is completed.
3
(b) Within 60 days after the date on which an audit
4 described in subsection (a) by an Inspector General is
5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make
7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results
10 shall be made available in redacted form to exclude—
11
(1) any matter described in section 552(b) of
12
title 5, United States Code; and
13
(2) sensitive personal information for any indi-
14
vidual, the public access to which could be used to
15
commit identity theft or for other inappropriate or
16
unlawful purposes.
17
(c) A grant or contract funded by amounts appro-
18 priated by this Act may not be used for the purpose of
19 defraying the costs of a banquet or conference that is not
20 directly and programmatically related to the purpose for
21 which the grant or contract was awarded, such as a ban22 quet or conference held in connection with planning, train23 ing, assessment, review, or other routine purposes related
24 to a project funded by the grant or contract.
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183
1
(d) Any person awarded a grant or contract funded
2 by amounts appropriated by this Act shall submit a state3 ment to the Secretary of Commerce, the Attorney General,
4 the Administrator, Director, or President, as appropriate,
5 certifying that no funds derived from the grant or contract
6 will be made available through a subcontract or in any
7 other manner to another person who has a financial inter8 est in the person awarded the grant or contract.
9
(e) The provisions of the preceding subsections of this
10 section shall take effect 30 days after the date on which
11 the Director of the Office of Management and Budget, in
12 consultation with the Director of the Office of Government
13 Ethics, determines that a uniform set of rules and require14 ments, substantially similar to the requirements in such
15 subsections, consistently apply under the executive branch
16 ethics program to all Federal departments, agencies, and
17 entities.
18
SEC. 515. (a) None of the funds appropriated or oth-
19 erwise made available under this Act may be used by the
20 Departments of Commerce and Justice, the National Aer21 onautics and Space Administration, or the National
22 Science Foundation to acquire a high-impact or moderate23 impact information system, as defined for security cat24 egorization in the National Institute of Standards and
25 Technology’s (NIST) Federal Information Processing
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184
1 Standard Publication 199, ‘‘Standards for Security Cat2 egorization of Federal Information and Information Sys3 tems’’ unless the agency has—
4
(1) reviewed the supply chain risk for the infor-
5
mation systems against criteria developed by NIST
6
to inform acquisition decisions for high-impact and
7
moderate-impact information systems within the
8
Federal Government;
9
(2) reviewed the supply chain risk from the pre-
10
sumptive awardee against available and relevant
11
threat information provided by the Federal Bureau
12
of Investigation and other appropriate agencies; and
13
(3) in consultation with the Federal Bureau of
14
Investigation or other appropriate Federal entity,
15
conducted an assessment of any risk of cyber-espio-
16
nage or sabotage associated with the acquisition of
17
such system, including any risk associated with such
18
system being produced, manufactured, or assembled
19
by one or more entities identified by the United
20
States Government as posing a cyber threat, includ-
21
ing but not limited to, those that may be owned, di-
22
rected, or subsidized by the People’s Republic of
23
China.
24
(b) None of the funds appropriated or otherwise
25 made available under this Act may be used to acquire a
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185
1 high-impact or moderate-impact information system re2 viewed and assessed under subsection (a) unless the head
3 of the assessing entity described in subsection (a) has—
4
(1) developed, in consultation with NIST and
5
supply chain risk management experts, a mitigation
6
strategy for any identified risks;
7
(2) determined that the acquisition of such sys-
8
tem is in the national interest of the United States;
9
and
10
(3) reported that determination to the Commit-
11
tees on Appropriations of the House of Representa-
12
tives and the Senate.
13
SEC. 516. None of the funds made available in this
14 Act shall be used in any way whatsoever to support or
15 justify the use of torture by any official or contract em16 ployee of the United States Government.
17
SEC. 517. (a) Notwithstanding any other provision
18 of law or treaty, none of the funds appropriated or other19 wise made available under this Act or any other Act may
20 be expended or obligated by a department, agency, or in21 strumentality of the United States to pay administrative
22 expenses or to compensate an officer or employee of the
23 United States in connection with requiring an export li24 cense for the export to Canada of components, parts, ac25 cessories or attachments for firearms listed in Category
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186
1 I, section 121.1 of title 22, Code of Federal Regulations
2 (International Trafficking in Arms Regulations (ITAR),
3 part 121, as it existed on April 1, 2005) with a total value
4 not exceeding $500 wholesale in any transaction, provided
5 that the conditions of subsection (b) of this section are
6 met by the exporting party for such articles.
7
(b) The foregoing exemption from obtaining an ex-
8 port license—
9
(1) does not exempt an exporter from filing any
10
Shipper’s Export Declaration or notification letter
11
required by law, or from being otherwise eligible
12
under the laws of the United States to possess, ship,
13
transport, or export the articles enumerated in sub-
14
section (a); and
15
(2) does not permit the export without a license
16
of—
17
(A) fully automatic firearms and compo-
18
nents and parts for such firearms, other than
19
for end use by the Federal Government, or a
20
Provincial or Municipal Government of Canada;
21
(B) barrels, cylinders, receivers (frames) or
22
complete breech mechanisms for any firearm
23
listed in Category I, other than for end use by
24
the Federal Government, or a Provincial or Mu-
25
nicipal Government of Canada; or
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187
1
(C) articles for export from Canada to an-
2
other foreign destination.
3
(c) In accordance with this section, the District Di-
4 rectors of Customs and postmasters shall permit the per5 manent or temporary export without a license of any un6 classified articles specified in subsection (a) to Canada for
7 end use in Canada or return to the United States, or tem8 porary import of Canadian-origin items from Canada for
9 end use in the United States or return to Canada for a
10 Canadian citizen.
11
(d) The President may require export licenses under
12 this section on a temporary basis if the President deter13 mines, upon publication first in the Federal Register, that
14 the Government of Canada has implemented or main15 tained inadequate import controls for the articles specified
16 in subsection (a), such that a significant diversion of such
17 articles has and continues to take place for use in inter18 national terrorism or in the escalation of a conflict in an19 other nation. The President shall terminate the require20 ments of a license when reasons for the temporary require21 ments have ceased.
22
SEC. 518. Notwithstanding any other provision of
23 law, no department, agency, or instrumentality of the
24 United States receiving appropriated funds under this Act
25 or any other Act shall obligate or expend in any way such
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188
1 funds to pay administrative expenses or the compensation
2 of any officer or employee of the United States to deny
3 any application submitted pursuant to 22 U.S.C.
4 2778(b)(1)(B) and qualified pursuant to 27 CFR section
5 478.112 or .113, for a permit to import United States ori6 gin ‘‘curios or relics’’ firearms, parts, or ammunition.
7
SEC. 519. None of the funds made available in this
8 Act may be used to include in any new bilateral or multi9 lateral trade agreement the text of—
10
(1) paragraph 2 of article 16.7 of the United
11
States-Singapore Free Trade Agreement;
12
(2) paragraph 4 of article 17.9 of the United
13
States-Australia Free Trade Agreement; or
14
(3) paragraph 4 of article 15.9 of the United
15
States-Morocco Free Trade Agreement.
16
SEC. 520. None of the funds made available in this
17 Act may be used to authorize or issue a national security
18 letter in contravention of any of the following laws author19 izing the Federal Bureau of Investigation to issue national
20 security letters: The Right to Financial Privacy Act; The
21 Electronic Communications Privacy Act; The Fair Credit
22 Reporting Act; The National Security Act of 1947; USA
23 PATRIOT Act; and the laws amended by these Acts.
24
SEC. 521. If at any time during any quarter, the pro-
25 gram manager of a project within the jurisdiction of the
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189
1 Departments of Commerce or Justice, the National Aero2 nautics and Space Administration, or the National Science
3 Foundation totaling more than $75,000,000 has reason4 able cause to believe that the total program cost has in5 creased by 10 percent, the program manager shall imme6 diately inform the respective Secretary, Administrator, or
7 Director. The Secretary, Administrator, or Director shall
8 notify the House and Senate Committees on Appropria9 tions within 30 days in writing of such increase, and shall
10 include in such notice: the date on which such determina11 tion was made; a statement of the reasons for such in12 creases; the action taken and proposed to be taken to con13 trol future cost growth of the project; changes made in
14 the performance or schedule milestones and the degree to
15 which such changes have contributed to the increase in
16 total program costs or procurement costs; new estimates
17 of the total project or procurement costs; and a statement
18 validating that the project’s management structure is ade19 quate to control total project or procurement costs.
20
SEC. 522. Funds appropriated by this Act, or made
21 available by the transfer of funds in this Act, for intel22 ligence or intelligence related activities are deemed to be
23 specifically authorized by the Congress for purposes of sec24 tion 504 of the National Security Act of 1947 (50 U.S.C.
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190
1 414) during fiscal year 2014 until the enactment of the
2 Intelligence Authorization Act for fiscal year 2014.
3
SEC. 523. None of the funds appropriated or other-
4 wise made available by this Act may be used to enter into
5 a contract in an amount greater than $5,000,000 or to
6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the
8 agency awarding the contract or grant that, to the best
9 of its knowledge and belief, the contractor or grantee has
10 filed all Federal tax returns required during the three
11 years preceding the certification, has not been convicted
12 of a criminal offense under the Internal Revenue Code of
13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment
15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or
17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or
20 judicial proceeding.
21
(RESCISSIONS)
22
SEC. 524. (a) Of the unobligated balances available
23 for ‘‘Department of Commerce, National Telecommuni24 cations and Information Administration, Public Tele-
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191
1 communications Facilities, Planning and Construction’’,
2 $8,500,000 is hereby rescinded.
3
(b) Of the unobligated balances available to the De-
4 partment of Justice, the following funds are hereby re5 scinded, not later than September 30, 2014, from the fol6 lowing accounts in the specified amounts—
7
(1) ‘‘Working Capital Fund’’, $30,000,000;
8
(2) ‘‘Legal Activities, Assets Forfeiture Fund’’,
9
$83,600,000;
10
(3) ‘‘State and Local Law Enforcement Activi-
11
ties, Office on Violence Against Women, Violence
12
Against Women Prevention and Prosecution Pro-
13
grams’’, $12,200,000;
14
(4) ‘‘State and Local Law Enforcement Activi-
15
ties, Office of Justice Programs’’, $59,000,000; and
16
(5) ‘‘State and Local Law Enforcement Activi-
17
ties,
18
$26,000,000.
19
(c) The Department of Justice shall submit to the
Community
Oriented
Policing
Services’’,
20 Committees on Appropriations of the House of Represent21 atives and the Senate a report no later than September
22 1, 2014, specifying the amount of each rescission made
23 pursuant to subsection (b).
24
SEC. 525. None of the funds made available in this
25 Act may be used to purchase first class or premium airline
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192
1 travel in contravention of sections 301–10.122 through
2 301–10.124 of title 41 of the Code of Federal Regulations.
3
SEC. 526. None of the funds made available in this
4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 employees from a Federal depart6 ment or agency at any single conference occurring outside
7 the United States unless such conference is a law enforce8 ment training or operational conference for law enforce9 ment personnel and the majority of Federal employees in
10 attendance are law enforcement personnel stationed out11 side the United States.
12
SEC. 527. None of the funds appropriated or other-
13 wise made available in this Act may be used in a manner
14 that is inconsistent with the principal negotiating objective
15 of the United States with respect to trade remedy laws
16 to preserve the ability of the United States—
17
(1) to enforce vigorously its trade laws, includ-
18
ing antidumping, countervailing duty, and safeguard
19
laws;
20
(2) to avoid agreements that—
21
(A) lessen the effectiveness of domestic
22
and international disciplines on unfair trade, es-
23
pecially dumping and subsidies; or
24
(B) lessen the effectiveness of domestic
25
and international safeguard provisions, in order
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193
1
to ensure that United States workers, agricul-
2
tural producers, and firms can compete fully on
3
fair terms and enjoy the benefits of reciprocal
4
trade concessions; and
5
(3) to address and remedy market distortions
6
that lead to dumping and subsidization, including
7
overcapacity, cartelization, and market-access bar-
8
riers.
9
SEC. 528. None of the funds appropriated or other-
10 wise made available in this or any other Act may be used
11 to transfer, release, or assist in the transfer or release to
12 or within the United States, its territories, or possessions
13 Khalid Sheikh Mohammed or any other detainee who—
14
(1) is not a United States citizen or a member
15
of the Armed Forces of the United States; and
16
(2) is or was held on or after June 24, 2009,
17
at the United States Naval Station, Guantanamo
18
Bay, Cuba, by the Department of Defense.
19
SEC. 529. (a) None of the funds appropriated or oth-
20 erwise made available in this or any other Act may be used
21 to construct, acquire, or modify any facility in the United
22 States, its territories, or possessions to house any indi23 vidual described in subsection (c) for the purposes of de24 tention or imprisonment in the custody or under the effec25 tive control of the Department of Defense.
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194
1
(b) The prohibition in subsection (a) shall not apply
2 to any modification of facilities at United States Naval
3 Station, Guantanamo Bay, Cuba.
4
(c) An individual described in this subsection is any
5 individual who, as of June 24, 2009, is located at United
6 States Naval Station, Guantanamo Bay, Cuba, and who—
7
(1) is not a citizen of the United States or a
8
member of the Armed Forces of the United States;
9
and
10
(2) is—
11
(A) in the custody or under the effective
12
control of the Department of Defense; or
13
(B) otherwise under detention at United
14
States Naval Station, Guantanamo Bay, Cuba.
15
SEC. 530. To the extent practicable, funds made
16 available in this Act should be used to purchase light bulbs
17 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En18 ergy Management Program’’ designation.
19
SEC. 531. The Director of the Office of Management
20 and Budget shall instruct any department, agency, or in21 strumentality of the United States receiving funds appro22 priated under this Act to track undisbursed balances in
23 expired grant accounts and include in its annual perform24 ance plan and performance and accountability reports the
25 following:
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195
1
(1) Details on future action the department,
2
agency, or instrumentality will take to resolve
3
undisbursed balances in expired grant accounts.
4
(2) The method that the department, agency, or
5
instrumentality uses to track undisbursed balances
6
in expired grant accounts.
7
(3) Identification of undisbursed balances in ex-
8
pired grant accounts that may be returned to the
9
Treasury of the United States.
10
(4) In the preceding 3 fiscal years, details on
11
the total number of expired grant accounts with
12
undisbursed balances (on the first day of each fiscal
13
year) for the department, agency, or instrumentality
14
and the total finances that have not been obligated
15
to a specific project remaining in the accounts.
16
SEC. 532. (a) None of the funds made available by
17 this Act may be used for the National Aeronautics and
18 Space Administration (NASA) or the Office of Science
19 and Technology Policy (OSTP) to develop, design, plan,
20 promulgate, implement, or execute a bilateral policy, pro21 gram, order, or contract of any kind to participate, col22 laborate, or coordinate bilaterally in any way with China
23 or any Chinese-owned company unless such activities are
24 specifically authorized by a law enacted after the date of
25 enactment of this Act.
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196
1
(b) None of the funds made available by this Act may
2 be used to effectuate the hosting of official Chinese visitors
3 at facilities belonging to or utilized by NASA.
4
(c) The limitations described in subsections (a) and
5 (b) shall not apply to activities which NASA or OSTP has
6 certified—
7
(1) pose no risk of resulting in the transfer of
8
technology, data, or other information with national
9
security or economic security implications to China
10
or a Chinese-owned company; and
11
(2) will not involve knowing interactions with
12
officials who have been determined by the United
13
States to have direct involvement with violations of
14
human rights.
15
(d) Any certification made under subsection (c) shall
16 be submitted to the Committees on Appropriations of the
17 House of Representatives and the Senate no later than
18 30 days prior to the activity in question and shall include
19 a description of the purpose of the activity, its agenda,
20 its major participants, and its location and timing.
21
SEC. 533. None of the funds made available by this
22 Act may be used to pay the salaries or expenses of per23 sonnel to deny, or fail to act on, an application for the
24 importation of any model of shotgun if—
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197
1
(1) all other requirements of law with respect to
2
the proposed importation are met; and
3
(2) no application for the importation of such
4
model of shotgun, in the same configuration, had
5
been denied by the Attorney General prior to Janu-
6
ary 1, 2011, on the basis that the shotgun was not
7
particularly suitable for or readily adaptable to
8
sporting purposes.
9
SEC. 534. (a) None of the funds made available in
10 this Act may be used to maintain or establish a computer
11 network unless such network blocks the viewing,
12 downloading, and exchanging of pornography.
13
(b) Nothing in subsection (a) shall limit the use of
14 funds necessary for any Federal, State, tribal, or local law
15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities.
17
SEC. 535. The Departments of Commerce and Jus-
18 tice, the National Aeronautics and Space Administration,
19 and the National Science Foundation shall submit spend20 ing plans, signed by the respective department or agency
21 head, to the Committees on Appropriations of the House
22 of Representatives and the Senate within 30 days after
23 the date of enactment of this Act.
24
SEC. 536. None of the funds made available by this
25 Act may be used to enter into a contract, memorandum
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198
1 of understanding, or cooperative agreement with, make a
2 grant to, or provide a loan or loan guarantee to, any cor3 poration that was convicted of a felony criminal violation
4 under any Federal law within the preceding 24 months,
5 where the awarding agency is aware of the conviction, un6 less the agency has considered suspension or debarment
7 of the corporation and has made a determination that this
8 further action is not necessary to protect the interests of
9 the Government.
10
SEC. 537. None of the funds made available by this
11 Act may be used to enter into a contract, memorandum
12 of understanding, or cooperative agreement with, make a
13 grant to, or provide a loan or loan guarantee to, any cor14 poration that has any unpaid Federal tax liability that has
15 been assessed, for which all judicial and administrative
16 remedies have been exhausted or have lapsed, and that
17 is not being paid in a timely manner pursuant to an agree18 ment with the authority responsible for collecting the tax
19 liability, where the awarding agency is aware of the unpaid
20 tax liability, unless the agency has considered suspension
21 or debarment of the corporation and has made a deter22 mination that this further action is not necessary to pro23 tect the interests of the Government.
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199
1
This division may be cited as the ‘‘Commerce, Jus-
2 tice, Science, and Related Agencies Appropriations Act,
3 2014’’.
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200
1
DIVISION C—DEPARTMENT OF DEFENSE
2
APPROPRIATIONS ACT, 2014
3
TITLE I
4
MILITARY PERSONNEL
5
MILITARY PERSONNEL, ARMY
6
For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel
10 between permanent duty stations, for members of the
11 Army on active duty, (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets;
13 for members of the Reserve Officers’ Training Corps; and
14 for payments pursuant to section 156 of Public Law 97–
15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment
of
Defense
Military
Retirement
Fund,
17 $40,787,967,000.
18
MILITARY PERSONNEL, NAVY
19
For pay, allowances, individual clothing, subsistence,
20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel
23 between permanent duty stations, for members of the
24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for
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201
1 members of the Reserve Officers’ Training Corps; and for
2 payments pursuant to section 156 of Public Law 97–377,
3 as amended (42 U.S.C. 402 note), and to the Department
4 of Defense Military Retirement Fund, $27,231,512,000.
5
MILITARY PERSONNEL, MARINE CORPS
6
For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel
10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve
12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C.
14 402 note), and to the Department of Defense Military Re15 tirement Fund, $12,766,099,000.
16
MILITARY PERSONNEL, AIR FORCE
17
For pay, allowances, individual clothing, subsistence,
18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel
21 between permanent duty stations, for members of the Air
22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets;
24 for members of the Reserve Officers’ Training Corps; and
25 for payments pursuant to section 156 of Public Law 97–
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202
1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment
of
Defense
Military
Retirement
Fund,
3 $28,519,993,000.
4
RESERVE PERSONNEL, ARMY
5
For pay, allowances, clothing, subsistence, gratuities,
6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and
8 3038 of title 10, United States Code, or while serving on
9 active duty under section 12301(d) of title 10, United
10 States Code, in connection with performing duty specified
11 in section 12310(a) of title 10, United States Code, or
12 while undergoing reserve training, or while performing
13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code;
15 and for payments to the Department of Defense Military
16 Retirement Fund, $4,377,563,000.
17
RESERVE PERSONNEL, NAVY
18
For pay, allowances, clothing, subsistence, gratuities,
19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10,
21 United States Code, or while serving on active duty under
22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a)
24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent
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203
1 duty, and expenses authorized by section 16131 of title
2 10, United States Code; and for payments to the Depart3 ment
of
Defense
Military
Retirement
Fund,
4 $1,843,966,000.
5
RESERVE PERSONNEL, MARINE CORPS
6
For pay, allowances, clothing, subsistence, gratuities,
7 travel, and related expenses for personnel of the Marine
8 Corps Reserve on active duty under section 10211 of title
9 10, United States Code, or while serving on active duty
10 under section 12301(d) of title 10, United States Code,
11 in connection with performing duty specified in section
12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon
15 leaders class, and expenses authorized by section 16131
16 of title 10, United States Code; and for payments to the
17 Department of Defense Military Retirement Fund,
18 $655,109,000.
19
RESERVE PERSONNEL, AIR FORCE
20
For pay, allowances, clothing, subsistence, gratuities,
21 travel, and related expenses for personnel of the Air Force
22 Reserve on active duty under sections 10211, 10305, and
23 8038 of title 10, United States Code, or while serving on
24 active duty under section 12301(d) of title 10, United
25 States Code, in connection with performing duty specified
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204
1 in section 12310(a) of title 10, United States Code, or
2 while undergoing reserve training, or while performing
3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code;
5 and for payments to the Department of Defense Military
6 Retirement Fund, $1,723,159,000.
7
NATIONAL GUARD PERSONNEL, ARMY
8
For pay, allowances, clothing, subsistence, gratuities,
9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302,
11 or 12402 of title 10 or section 708 of title 32, United
12 States Code, or while serving on duty under section
13 12301(d) of title 10 or section 502(f) of title 32, United
14 States Code, in connection with performing duty specified
15 in section 12310(a) of title 10, United States Code, or
16 while undergoing training, or while performing drills or
17 equivalent duty or other duty, and expenses authorized by
18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement
20 Fund, $7,776,498,000.
21
NATIONAL GUARD PERSONNEL, AIR FORCE
22
For pay, allowances, clothing, subsistence, gratuities,
23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or
25 12402 of title 10 or section 708 of title 32, United States
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205
1 Code, or while serving on duty under section 12301(d) of
2 title 10 or section 502(f) of title 32, United States Code,
3 in connection with performing duty specified in section
4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent
6 duty or other duty, and expenses authorized by section
7 16131 of title 10, United States Code; and for payments
8 to the Department of Defense Military Retirement Fund,
9 $3,114,421,000.
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206
1
TITLE II
2
OPERATION AND MAINTENANCE
3
OPERATION
4
AND
MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary
5 for the operation and maintenance of the Army, as author6 ized by law; and not to exceed $12,478,000 can be used
7 for emergencies and extraordinary expenses, to be ex8 pended on the approval or authority of the Secretary of
9 the Army, and payments may be made on his certificate
10 of
necessity
for
confidential
military
purposes,
11 $30,768,069,000.
12
OPERATION
13
AND
MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary
14 for the operation and maintenance of the Navy and the
15 Marine Corps, as authorized by law; and not to exceed
16 $15,055,000 can be used for emergencies and extraor17 dinary expenses, to be expended on the approval or author18 ity of the Secretary of the Navy, and payments may be
19 made on his certificate of necessity for confidential mili20 tary purposes, $36,311,160,000.
21
OPERATION
22
For expenses, not otherwise provided for, necessary
AND
MAINTENANCE, MARINE CORPS
23 for the operation and maintenance of the Marine Corps,
24 as authorized by law, $5,397,605,000.
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207
1
OPERATION
2
AND
MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary
3 for the operation and maintenance of the Air Force, as
4 authorized by law; and not to exceed $7,699,000 can be
5 used for emergencies and extraordinary expenses, to be ex6 pended on the approval or authority of the Secretary of
7 the Air Force, and payments may be made on his certifi8 cate of necessity for confidential military purposes,
9 $33,248,618,000.
10
OPERATION
11
AND
MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
12
For expenses, not otherwise provided for, necessary
13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military
15 departments), as authorized by law, $31,450,068,000:
16 Provided, That not more than $25,000,000 may be used
17 for the Combatant Commander Initiative Fund authorized
18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used
20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of
22 Defense, and payments may be made on his certificate of
23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not
25 less than $36,262,000 shall be made available for the Pro-
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208
1 curement Technical Assistance Cooperative Agreement
2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan
6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department,
9 or the service headquarters of one of the Armed Forces
10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $8,721,000, to remain available until
12 expended, is available only for expenses relating to certain
13 classified activities, and may be transferred as necessary
14 by the Secretary of Defense to operation and maintenance
15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available
17 for the same time period as the appropriations to which
18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased
20 with operation and maintenance funds shall not apply to
21 the funds described in the preceding proviso: Provided fur22 ther, That the transfer authority provided under this head23 ing is in addition to any other transfer authority provided
24 elsewhere in this Act.
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209
1
OPERATION
2
For expenses, not otherwise provided for, necessary
AND
MAINTENANCE, ARMY RESERVE
3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor
6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,940,936,000.
9
OPERATION
10
AND
MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor
14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,158,382,000.
17
OPERATION
AND
18
MAINTENANCE, MARINE CORPS
RESERVE
19
For expenses, not otherwise provided for, necessary
20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger
23 motor vehicles; travel and transportation; care of the dead;
24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $255,317,000.
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210
1
OPERATION
2
AND
MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary
3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve;
5 repair of facilities and equipment; hire of passenger motor
6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,062,207,000.
9
OPERATION
AND
10
MAINTENANCE, ARMY NATIONAL
GUARD
11
For expenses of training, organizing, and admin-
12 istering the Army National Guard, including medical and
13 hospital treatment and related expenses in non-Federal
14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for
18 Army personnel on active duty, for Army National Guard
19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau
21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army
23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and
25 equipment (including aircraft), $6,857,530,000.
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211
1
OPERATION
2
AND
MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and admin-
3 istering the Air National Guard, including medical and
4 hospital treatment and related expenses in non-Federal
5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air
8 National Guard, as authorized by law; expenses for repair,
9 modification, maintenance, and issue of supplies and
10 equipment, including those furnished from stocks under
11 the control of agencies of the Department of Defense;
12 travel expenses (other than mileage) on the same basis as
13 authorized by law for Air National Guard personnel on
14 active Federal duty, for Air National Guard commanders
15 while inspecting units in compliance with National Guard
16 Bureau regulations when specifically authorized by the
17 Chief, National Guard Bureau, $6,392,304,000.
18
UNITED STATES COURT
19
OF
APPEALS
FOR THE
ARMED
FORCES
20
For salaries and expenses necessary for the United
21 States Court of Appeals for the Armed Forces,
22 $13,606,000, of which not to exceed $5,000 may be used
23 for official representation purposes.
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1
ENVIRONMENTAL RESTORATION, ARMY
2
(INCLUDING TRANSFER OF FUNDS)
3
For the Department of the Army, $298,815,000, to
4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such
6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe
8 buildings and debris of the Department of the Army, or
9 for similar purposes, transfer the funds made available by
10 this appropriation to other appropriations made available
11 to the Department of the Army, to be merged with and
12 to be available for the same purposes and for the same
13 time period as the appropriations to which transferred:
14 Provided further, That upon a determination that all or
15 part of the funds transferred from this appropriation are
16 not necessary for the purposes provided herein, such
17 amounts may be transferred back to this appropriation:
18 Provided further, That the transfer authority provided
19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act.
21
ENVIRONMENTAL RESTORATION, NAVY
22
(INCLUDING TRANSFER OF FUNDS)
23
For the Department of the Navy, $316,103,000, to
24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such
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213
1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe
3 buildings and debris of the Department of the Navy, or
4 for similar purposes, transfer the funds made available by
5 this appropriation to other appropriations made available
6 to the Department of the Navy, to be merged with and
7 to be available for the same purposes and for the same
8 time period as the appropriations to which transferred:
9 Provided further, That upon a determination that all or
10 part of the funds transferred from this appropriation are
11 not necessary for the purposes provided herein, such
12 amounts may be transferred back to this appropriation:
13 Provided further, That the transfer authority provided
14 under this heading is in addition to any other transfer au15 thority provided elsewhere in this Act.
16
ENVIRONMENTAL RESTORATION, AIR FORCE
17
(INCLUDING TRANSFER OF FUNDS)
18
For the Department of the Air Force, $439,820,000,
19 to remain available until transferred: Provided, That the
20 Secretary of the Air Force shall, upon determining that
21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of un23 safe buildings and debris of the Department of the Air
24 Force, or for similar purposes, transfer the funds made
25 available by this appropriation to other appropriations
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214
1 made available to the Department of the Air Force, to be
2 merged with and to be available for the same purposes
3 and for the same time period as the appropriations to
4 which transferred: Provided further, That upon a deter5 mination that all or part of the funds transferred from
6 this appropriation are not necessary for the purposes pro7 vided herein, such amounts may be transferred back to
8 this appropriation: Provided further, That the transfer au9 thority provided under this heading is in addition to any
10 other transfer authority provided elsewhere in this Act.
11
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
12
(INCLUDING TRANSFER OF FUNDS)
13
For the Department of Defense, $10,757,000, to re-
14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds
16 are required for environmental restoration, reduction and
17 recycling of hazardous waste, removal of unsafe buildings
18 and debris of the Department of Defense, or for similar
19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of Defense, to be merged with and to be avail22 able for the same purposes and for the same time period
23 as the appropriations to which transferred: Provided fur24 ther, That upon a determination that all or part of the
25 funds transferred from this appropriation are not nec-
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215
1 essary for the purposes provided herein, such amounts
2 may be transferred back to this appropriation: Provided
3 further, That the transfer authority provided under this
4 heading is in addition to any other transfer authority pro5 vided elsewhere in this Act.
6
ENVIRONMENTAL RESTORATION, FORMERLY USED
7
DEFENSE SITES
8
(INCLUDING TRANSFER OF FUNDS)
9
For the Department of the Army, $287,443,000, to
10 remain available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such
12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe
14 buildings and debris at sites formerly used by the Depart15 ment of Defense, transfer the funds made available by this
16 appropriation to other appropriations made available to
17 the Department of the Army, to be merged with and to
18 be available for the same purposes and for the same time
19 period as the appropriations to which transferred: Pro20 vided further, That upon a determination that all or part
21 of the funds transferred from this appropriation are not
22 necessary for the purposes provided herein, such amounts
23 may be transferred back to this appropriation: Provided
24 further, That the transfer authority provided under this
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216
1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act.
3
OVERSEAS HUMANITARIAN, DISASTER,
4
AND
CIVIC AID
For expenses relating to the Overseas Humanitarian,
5 Disaster, and Civic Aid programs of the Department of
6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 407, 2557, and 2561 of title 10,
8 United States Code), $109,500,000, to remain available
9 until September 30, 2015.
10
COOPERATIVE THREAT REDUCTION ACCOUNT
11
For assistance to the republics of the former Soviet
12 Union and, with appropriate authorization by the Depart13 ment of Defense and Department of State, to countries
14 outside of the former Soviet Union, including assistance
15 provided by contract or by grants, for facilitating the
16 elimination and the safe and secure transportation and
17 storage of nuclear, chemical and other weapons; for estab18 lishing programs to prevent the proliferation of weapons,
19 weapons components, and weapon-related technology and
20 expertise; for programs relating to the training and sup21 port of defense and military personnel for demilitarization
22 and protection of weapons, weapons components and
23 weapons technology and expertise, and for defense and
24 military contacts, $500,455,000, to remain available until
25 September 30, 2016.
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217
1
DEPARTMENT
2
OF
DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND
3
For the Department of Defense Acquisition Work-
4 force Development Fund, $51,031,000.
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218
1
TITLE III
2
PROCUREMENT
3
AIRCRAFT PROCUREMENT, ARMY
4
For construction, procurement, production, modifica-
5 tion, and modernization of aircraft, equipment, including
6 ordnance, ground handling equipment, spare parts, and
7 accessories therefor; specialized equipment and training
8 devices; expansion of public and private plants, including
9 the land necessary therefor, for the foregoing purposes,
10 and such lands and interests therein, may be acquired,
11 and construction prosecuted thereon prior to approval of
12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants;
14 reserve plant and Government and contractor-owned
15 equipment layaway; and other expenses necessary for the
16 foregoing purposes, $4,844,891,000, to remain available
17 for obligation until September 30, 2016.
18
MISSILE PROCUREMENT, ARMY
19
For construction, procurement, production, modifica-
20 tion, and modernization of missiles, equipment, including
21 ordnance, ground handling equipment, spare parts, and
22 accessories therefor; specialized equipment and training
23 devices; expansion of public and private plants, including
24 the land necessary therefor, for the foregoing purposes,
25 and such lands and interests therein, may be acquired,
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219
1 and construction prosecuted thereon prior to approval of
2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants;
4 reserve plant and Government and contractor-owned
5 equipment layaway; and other expenses necessary for the
6 foregoing purposes, $1,549,491,000, to remain available
7 for obligation until September 30, 2016.
8
PROCUREMENT
OF
9
WEAPONS
AND
TRACKED COMBAT
VEHICLES, ARMY
10
For construction, procurement, production, and
11 modification of weapons and tracked combat vehicles,
12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices;
14 expansion of public and private plants, including the land
15 necessary therefor, for the foregoing purposes, and such
16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and
18 procurement and installation of equipment, appliances,
19 and machine tools in public and private plants; reserve
20 plant and Government and contractor-owned equipment
21 layaway; and other expenses necessary for the foregoing
22 purposes, $1,610,811,000, to remain available for obliga23 tion until September 30, 2016.
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220
1
PROCUREMENT
2
OF
AMMUNITION, ARMY
For construction, procurement, production, and
3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code,
7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private
12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary
14 for the foregoing purposes, $1,444,067,000, to remain
15 available for obligation until September 30, 2016.
16
OTHER PROCUREMENT, ARMY
17
For construction, procurement, production, and
18 modification of vehicles, including tactical, support, and
19 non-tracked combat vehicles; the purchase of passenger
20 motor vehicles for replacement only; communications and
21 electronic equipment; other support equipment; spare
22 parts, ordnance, and accessories therefor; specialized
23 equipment and training devices; expansion of public and
24 private plants, including the land necessary therefor, for
25 the foregoing purposes, and such lands and interests
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221
1 therein, may be acquired, and construction prosecuted
2 thereon prior to approval of title; and procurement and
3 installation of equipment, appliances, and machine tools
4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other
6 expenses
necessary
for
the
foregoing
purposes,
7 $4,936,908,000, to remain available for obligation until
8 September 30, 2016.
9
AIRCRAFT PROCUREMENT, NAVY
10
For construction, procurement, production, modifica-
11 tion, and modernization of aircraft, equipment, including
12 ordnance, spare parts, and accessories therefor; specialized
13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted
16 thereon prior to approval of title; and procurement and
17 installation of equipment, appliances, and machine tools
18 in public and private plants; reserve plant and Govern19 ment
and
contractor-owned
equipment
layaway,
20 $16,442,794,000, to remain available for obligation until
21 September 30, 2016.
22
WEAPONS PROCUREMENT, NAVY
23
For construction, procurement, production, modifica-
24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts,
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222
1 and accessories therefor; expansion of public and private
2 plants, including the land necessary therefor, and such
3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and
5 procurement and installation of equipment, appliances,
6 and machine tools in public and private plants; reserve
7 plant and Government and contractor-owned equipment
8 layaway, $3,009,157,000, to remain available for obliga9 tion until September 30, 2016.
10
PROCUREMENT
OF
11
AMMUNITION, NAVY
AND
MARINE
CORPS
12
For construction, procurement, production, and
13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code,
17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private
22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary
24 for the foregoing purposes, $549,316,000, to remain avail25 able for obligation until September 30, 2016.
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223
1
SHIPBUILDING
2
AND
CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical,
8 long lead time components and designs for vessels to be
9 constructed or converted in the future; and expansion of
10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired,
12 and construction prosecuted thereon prior to approval of
13 title, as follows:
14
Carrier Replacement Program, $917,553,000;
15
Virginia Class Submarine, $3,880,704,000;
16
Virginia
17
$2,354,612,000;
Class
Submarine
(AP),
18
CVN Refueling Overhaul, $1,609,324,000;
19
CVN Refueling Overhauls (AP), $245,793,000;
20
DDG–1000 Program, $231,694,000;
21
DDG–51 Destroyer, $1,615,564,000;
22
DDG–51 Destroyer (AP), $369,551,000;
23
Littoral Combat Ship, $1,793,014,000;
24
Afloat Forward Staging Base, $579,300,000;
25
Joint High Speed Vessel, $2,732,000;
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224
1
Moored Training Ship, $207,300,000;
2
LCAC
3
Service
Life
Extension
Program,
$80,987,000;
4
Outfitting, post delivery, conversions, and first
5
destination transportation, $382,836,000; and
6
For completion of Prior Year Shipbuilding Pro-
7
grams, $960,400,000.
8
In all: $15,231,364,000, to remain available for obli-
9 gation until September 30, 2018: Provided, That addi10 tional obligations may be incurred after September 30,
11 2018, for engineering services, tests, evaluations, and
12 other such budgeted work that must be performed in the
13 final stage of ship construction: Provided further, That
14 none of the funds provided under this heading for the con15 struction or conversion of any naval vessel to be con16 structed in shipyards in the United States shall be ex17 pended in foreign facilities for the construction of major
18 components of such vessel: Provided further, That none
19 of the funds provided under this heading shall be used
20 for the construction of any naval vessel in foreign ship21 yards.
22
OTHER PROCUREMENT, NAVY
23
For procurement, production, and modernization of
24 support equipment and materials not otherwise provided
25 for, Navy ordnance (except ordnance for new aircraft, new
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225
1 ships, and ships authorized for conversion); the purchase
2 of passenger motor vehicles for replacement only; expan3 sion of public and private plants, including the land nec4 essary therefor, and such lands and interests therein, may
5 be acquired, and construction prosecuted thereon prior to
6 approval of title; and procurement and installation of
7 equipment, appliances, and machine tools in public and
8 private plants; reserve plant and Government and con9 tractor-owned equipment layaway, $5,572,618,000, to re10 main available for obligation until September 30, 2016.
11
PROCUREMENT, MARINE CORPS
12
For expenses necessary for the procurement, manu-
13 facture, and modification of missiles, armament, military
14 equipment, spare parts, and accessories therefor; plant
15 equipment, appliances, and machine tools, and installation
16 thereof in public and private plants; reserve plant and
17 Government and contractor-owned equipment layaway; ve18 hicles for the Marine Corps, including the purchase of pas19 senger motor vehicles for replacement only; and expansion
20 of public and private plants, including land necessary
21 therefor, and such lands and interests therein, may be ac22 quired, and construction prosecuted thereon prior to ap23 proval of title, $1,240,958,000, to remain available for ob24 ligation until September 30, 2016.
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226
1
AIRCRAFT PROCUREMENT, AIR FORCE
2
For construction, procurement, and modification of
3 aircraft and equipment, including armor and armament,
4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized
6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such
8 plants, erection of structures, and acquisition of land, for
9 the foregoing purposes, and such lands and interests
10 therein, may be acquired, and construction prosecuted
11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and
13 other expenses necessary for the foregoing purposes in14 cluding
rents
and
transportation
of
things,
15 $10,379,180,000, to remain available for obligation until
16 September 30, 2016.
17
MISSILE PROCUREMENT, AIR FORCE
18
For construction, procurement, and modification of
19 missiles, spacecraft, rockets, and related equipment, in20 cluding spare parts and accessories therefor, ground han21 dling equipment, and training devices; expansion of public
22 and private plants, Government-owned equipment and in23 stallation thereof in such plants, erection of structures,
24 and acquisition of land, for the foregoing purposes, and
25 such lands and interests therein, may be acquired, and
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227
1 construction prosecuted thereon prior to approval of title;
2 reserve plant and Government and contractor-owned
3 equipment layaway; and other expenses necessary for the
4 foregoing purposes including rents and transportation of
5 things, $4,446,763,000, to remain available for obligation
6 until September 30, 2016.
7
PROCUREMENT
8
OF
AMMUNITION, AIR FORCE
For construction, procurement, production, and
9 modification of ammunition, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including ammunition facilities, au12 thorized by section 2854 of title 10, United States Code,
13 and the land necessary therefor, for the foregoing pur14 poses, and such lands and interests therein, may be ac15 quired, and construction prosecuted thereon prior to ap16 proval of title; and procurement and installation of equip17 ment, appliances, and machine tools in public and private
18 plants; reserve plant and Government and contractor19 owned equipment layaway; and other expenses necessary
20 for the foregoing purposes, $729,677,000, to remain avail21 able for obligation until September 30, 2016.
22
OTHER PROCUREMENT, AIR FORCE
23
For procurement and modification of equipment (in-
24 cluding ground guidance and electronic control equipment,
25 and ground electronic and communication equipment),
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228
1 and supplies, materials, and spare parts therefor, not oth2 erwise provided for; the purchase of passenger motor vehi3 cles for replacement only; lease of passenger motor vehi4 cles; and expansion of public and private plants, Govern5 ment-owned equipment and installation thereof in such
6 plants, erection of structures, and acquisition of land, for
7 the foregoing purposes, and such lands and interests
8 therein, may be acquired, and construction prosecuted
9 thereon, prior to approval of title; reserve plant and Gov10 ernment
and
contractor-owned
equipment
layaway,
11 $16,572,754,000, to remain available for obligation until
12 September 30, 2016.
13
PROCUREMENT, DEFENSE-WIDE
14
For expenses of activities and agencies of the Depart-
15 ment of Defense (other than the military departments)
16 necessary for procurement, production, and modification
17 of equipment, supplies, materials, and spare parts there18 for, not otherwise provided for; the purchase of passenger
19 motor vehicles for replacement only; expansion of public
20 and private plants, equipment, and installation thereof in
21 such plants, erection of structures, and acquisition of land
22 for the foregoing purposes, and such lands and interests
23 therein, may be acquired, and construction prosecuted
24 thereon prior to approval of title; reserve plant and Gov25 ernment
and
contractor-owned
equipment
layaway,
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229
1 $4,240,416,000, to remain available for obligation until
2 September 30, 2016.
3
DEFENSE PRODUCTION ACT PURCHASES
4
For activities by the Department of Defense pursuant
5 to sections 108, 301, 302, and 303 of the Defense Produc6 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
7 2093), $60,135,000, to remain available until expended.
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230
1
TITLE IV
2
RESEARCH, DEVELOPMENT, TEST AND
3
EVALUATION
4
RESEARCH, DEVELOPMENT, TEST
5
AND
EVALUATION,
ARMY
6
For expenses necessary for basic and applied sci-
7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $7,126,318,000, to remain avail10 able for obligation until September 30, 2015.
11
RESEARCH, DEVELOPMENT, TEST
12
AND
EVALUATION,
NAVY
13
For expenses necessary for basic and applied sci-
14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $14,949,919,000, to remain avail17 able for obligation until September 30, 2015: Provided,
18 That funds appropriated in this paragraph which are
19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces:
21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program.
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231
1
RESEARCH, DEVELOPMENT, TEST
2
AND
EVALUATION,
AIR FORCE
3
For expenses necessary for basic and applied sci-
4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $23,585,292,000, to remain avail7 able for obligation until September 30, 2015.
8
RESEARCH, DEVELOPMENT, TEST
9
DEFENSE-WIDE
10
AND
EVALUATION,
(INCLUDING TRANSFER OF FUNDS)
11
For expenses of activities and agencies of the Depart-
12 ment of Defense (other than the military departments),
13 necessary for basic and applied scientific research, devel14 opment, test and evaluation; advanced research projects
15 as may be designated and determined by the Secretary
16 of Defense, pursuant to law; maintenance, rehabilitation,
17 lease,
and
operation
of
facilities
and
equipment,
18 $17,086,412,000, to remain available for obligation until
19 September 30, 2015: Provided, That of the funds made
20 available in this paragraph, $175,000,000 for the Defense
21 Rapid Innovation Program shall only be available for ex22 penses, not otherwise provided for, to include program
23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tran-
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232
1 sition to full-scale production: Provided further, That the
2 Secretary of Defense may transfer funds provided herein
3 for the Defense Rapid Innovation Program to appropria4 tions for research, development, test and evaluation to ac5 complish the purpose provided herein: Provided further,
6 That this transfer authority is in addition to any other
7 transfer authority available to the Department of Defense:
8 Provided further, That the Secretary of Defense shall, not
9 fewer than 30 days prior to making transfers from this
10 appropriation, notify the congressional defense committees
11 in writing of the details of any such transfer: Provided
12 further, That funds appropriated in this paragraph shall
13 be available for the Cobra Judy program.
14
OPERATIONAL TEST
15
AND
EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary
16 for the independent activities of the Director, Operational
17 Test and Evaluation, in the direction and supervision of
18 operational test and evaluation, including initial oper19 ational test and evaluation which is conducted prior to,
20 and in support of, production decisions; joint operational
21 testing and evaluation; and administrative expenses in
22 connection therewith, $246,800,000, to remain available
23 for obligation until September 30, 2015.
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233
1
TITLE V
2
REVOLVING AND MANAGEMENT FUNDS
3
DEFENSE WORKING CAPITAL FUNDS
4
For
the
Defense
Working
Capital
Funds,
5 $1,649,214,000.
6
NATIONAL DEFENSE SEALIFT FUND
7
For National Defense Sealift Fund programs,
8 projects, and activities, and for expenses of the National
9 Defense Reserve Fleet, as established by section 11 of the
10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
11 and for the necessary expenses to maintain and preserve
12 a U.S.-flag merchant fleet to serve the national security
13 needs of the United States, $597,213,000, to remain avail14 able until expended: Provided, That none of the funds pro15 vided in this paragraph shall be used to award a new con16 tract that provides for the acquisition of any of the fol17 lowing major components unless such components are
18 manufactured in the United States: auxiliary equipment,
19 including pumps, for all shipboard services; propulsion
20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard
22 cranes: Provided further, That the exercise of an option
23 in a contract awarded through the obligation of previously
24 appropriated funds shall not be considered to be the award
25 of a new contract: Provided further, That the Secretary
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234
1 of the military department responsible for such procure2 ment may waive the restrictions in the first proviso on
3 a case-by-case basis by certifying in writing to the Com4 mittees on Appropriations of the House of Representatives
5 and the Senate that adequate domestic supplies are not
6 available to meet Department of Defense requirements on
7 a timely basis and that such an acquisition must be made
8 in order to acquire capability for national security pur9 poses.
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235
1
TITLE VI
2 OTHER DEPARTMENT OF DEFENSE PROGRAMS
3
DEFENSE HEALTH PROGRAM
4
For expenses, not otherwise provided for, for medical
5 and health care programs of the Department of Defense
6 as authorized by law, $32,699,158,000; of which
7 $30,704,995,000 shall be for operation and maintenance,
8 of which not to exceed one percent shall remain available
9 for obligation until September 30, 2015, and of which up
10 to $15,317,316,000 may be available for contracts entered
11 into
under
the
TRICARE
program;
of
which
12 $441,764,000, to remain available for obligation until Sep13 tember 30, 2016, shall be for procurement; and of which
14 $1,552,399,000, to remain available for obligation until
15 September 30, 2015, shall be for research, development,
16 test and evaluation: Provided, That, notwithstanding any
17 other provision of law, of the amount made available under
18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV
20 prevention educational activities undertaken in connection
21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided
24 under this heading for the Interagency Program Office
25 (IPO) and for operation and maintenance and research,
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236
1 development,
test
2 Healthcare
Management
and
evaluation
Systems
of
the
Defense
Modernization
3 (DHMSM) program, not more than 25 percent may be
4 obligated until the Secretary of Defense submits to the
5 Committees on Appropriations of the House of Represent6 atives and the Senate, and such Committees approve, a
7 plan for expenditure that: (1) defines the budget and cost
8 for full operating capability and the total life cycle cost
9 of the project; (2) identifies the deployment timeline, in10 cluding benchmarks, for full operating capability; (3) de11 scribes how the forthcoming request for proposals for
12 DHMSM will require adherence to data standardization
13 as defined by the IPO; (4) has been submitted to the Gov14 ernment Accountability Office for review; and (5) complies
15 with the acquisition rules, requirements, guidelines, and
16 systems acquisition management practices of the Federal
17 Government.
18
CHEMICAL AGENTS
19
AND
MUNITIONS DESTRUCTION,
DEFENSE
20
For expenses, not otherwise provided for, necessary
21 for the destruction of the United States stockpile of lethal
22 chemical agents and munitions in accordance with the pro23 visions of section 1412 of the Department of Defense Au24 thorization Act, 1986 (50 U.S.C. 1521), and for the de25 struction of other chemical warfare materials that are not
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237
1 in the chemical weapon stockpile, $1,004,123,000, of
2 which $398,572,000 shall be for operation and mainte3 nance, of which no less than $51,217,000 shall be for the
4 Chemical Stockpile Emergency Preparedness Program,
5 consisting of $21,489,000 for activities on military instal6 lations and $29,728,000, to remain available until Sep7 tember 30, 2015, to assist State and local governments;
8 $1,368,000 shall be for procurement, to remain available
9 until September 30, 2016, of which $1,368,000 shall be
10 for the Chemical Stockpile Emergency Preparedness Pro11 gram to assist State and local governments; and
12 $604,183,000, to remain available until September 30,
13 2015, shall be for research, development, test and evalua14 tion, of which $584,238,000 shall only be for the Assem15 bled Chemical Weapons Alternatives (ACWA) program.
16
DRUG INTERDICTION
AND
COUNTER-DRUG ACTIVITIES,
17
DEFENSE
18
(INCLUDING TRANSFER OF FUNDS)
19
For drug interdiction and counter-drug activities of
20 the Department of Defense, for transfer to appropriations
21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research,
25 development, test and evaluation, $1,015,885,000: Pro-
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238
1 vided, That the funds appropriated under this heading
2 shall be available for obligation for the same time period
3 and for the same purpose as the appropriation to which
4 transferred: Provided further, That upon a determination
5 that all or part of the funds transferred from this appro6 priation are not necessary for the purposes provided here7 in, such amounts may be transferred back to this appro8 priation: Provided further, That the transfer authority pro9 vided under this heading is in addition to any other trans10 fer authority contained elsewhere in this Act.
11
OFFICE
12
OF THE INSPECTOR
GENERAL
For expenses and activities of the Office of the In-
13 spector General in carrying out the provisions of the In14 spector General Act of 1978, as amended, $316,000,000,
15 of which $315,000,000 shall be for operation and mainte16 nance, of which not to exceed $700,000 is available for
17 emergencies and extraordinary expenses to be expended on
18 the approval or authority of the Inspector General, and
19 payments may be made on the Inspector General’s certifi20 cate of necessity for confidential military purposes; and
21 of which $1,000,000, to remain available until September
22 30, 2016, shall be for procurement: Provided, That the
23 Office of the Inspector General, in coordination with the
24 Department of Veterans Affairs’ Office of the Inspector
25 General, shall examine the process and procedures cur-
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239
1 rently in place in the transmission of service treatment
2 and personnel records from the Department of Defense
3 to the Department of Veterans Affairs.
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240
1
TITLE VII
2
RELATED AGENCIES
3
CENTRAL INTELLIGENCE AGENCY RETIREMENT
4
AND
DISABILITY SYSTEM FUND
5
For payment to the Central Intelligence Agency Re-
6 tirement and Disability System Fund, to maintain the
7 proper funding level for continuing the operation of the
8 Central Intelligence Agency Retirement and Disability
9 System, $514,000,000.
10
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
11
For necessary expenses of the Intelligence Commu-
12 nity Management Account, $528,229,000.
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241
1
TITLE VIII
2
GENERAL PROVISIONS
3
SEC. 8001. No part of any appropriation contained
4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress.
6
SEC. 8002. During the current fiscal year, provisions
7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States
9 shall not apply to personnel of the Department of Defense:
10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of
12 Defense funded by this Act shall not be at a rate in excess
13 of the percentage increase authorized by law for civilian
14 employees of the Department of Defense whose pay is
15 computed under the provisions of section 5332 of title 5,
16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to
18 its own employees, whichever is higher: Provided further,
19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United
21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall
24 not apply to foreign national employees of the Department
25 of Defense in the Republic of Turkey.
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242
1
SEC. 8003. No part of any appropriation contained
2 in this Act shall remain available for obligation beyond
3 the current fiscal year, unless expressly so provided herein.
4
SEC. 8004. No more than 20 percent of the appro-
5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the
7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active
9 duty training of reserve components or summer camp
10 training of the Reserve Officers’ Training Corps.
11
(TRANSFER OF FUNDS)
12
SEC. 8005. Upon determination by the Secretary of
13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $5,000,000,000
16 of working capital funds of the Department of Defense
17 or funds made available in this Act to the Department
18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any
20 subdivision thereof, to be merged with and to be available
21 for the same purposes, and for the same time period, as
22 the appropriation or fund to which transferred: Provided,
23 That such authority to transfer may not be used unless
24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated
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243
1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further,
3 That the Secretary of Defense shall notify the Congress
4 promptly of all transfers made pursuant to this authority
5 or any other authority in this Act: Provided further, That
6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements,
10 than those for which originally appropriated and in no
11 case where the item for which reprogramming is requested
12 has been denied by the Congress: Provided further, That
13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June
15 30, 2014: Provided further, That transfers among military
16 personnel appropriations shall not be taken into account
17 for purposes of the limitation on the amount of funds that
18 may be transferred under this section.
19
SEC. 8006. (a) With regard to the list of specific pro-
20 grams, projects, and activities (and the dollar amounts
21 and adjustments to budget activities corresponding to
22 such programs, projects, and activities) contained in the
23 tables titled ‘‘Explanation of Project Level Adjustments’’
24 in the explanatory statement described in section 4 (in the
25 matter preceding division A of this consolidated Act), the
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244
1 obligation and expenditure of amounts appropriated or
2 otherwise made available in this Act for those programs,
3 projects, and activities for which the amounts appro4 priated exceed the amounts requested are hereby required
5 by law to be carried out in the manner provided by such
6 tables to the same extent as if the tables were included
7 in the text of this Act.
8
(b) Amounts specified in the referenced tables de-
9 scribed in subsection (a) shall not be treated as subdivi10 sions of appropriations for purposes of section 8005 of this
11 Act: Provided, That section 8005 shall apply when trans12 fers of the amounts described in subsection (a) occur be13 tween appropriation accounts.
14
SEC. 8007. (a) Not later than 60 days after enact-
15 ment of this Act, the Department of Defense shall submit
16 a report to the congressional defense committees to estab17 lish the baseline for application of reprogramming and
18 transfer authorities for fiscal year 2014: Provided, That
19 the report shall include—
20
(1) a table for each appropriation with a sepa-
21
rate column to display the President’s budget re-
22
quest, adjustments made by Congress, adjustments
23
due to enacted rescissions, if appropriate, and the
24
fiscal year enacted level;
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245
1
(2) a delineation in the table for each appro-
2
priation both by budget activity and program,
3
project, and activity as detailed in the Budget Ap-
4
pendix; and
5
(3) an identification of items of special congres-
6
sional interest.
7
(b) Notwithstanding section 8005 of this Act, none
8 of the funds provided in this Act shall be available for
9 reprogramming or transfer until the report identified in
10 subsection (a) is submitted to the congressional defense
11 committees, unless the Secretary of Defense certifies in
12 writing to the congressional defense committees that such
13 reprogramming or transfer is necessary as an emergency
14 requirement.
15
(TRANSFER OF FUNDS)
16
SEC. 8008. During the current fiscal year, cash bal-
17 ances in working capital funds of the Department of De18 fense established pursuant to section 2208 of title 10,
19 United States Code, may be maintained in only such
20 amounts as are necessary at any time for cash disburse21 ments to be made from such funds: Provided, That trans22 fers may be made between such funds: Provided further,
23 That transfers may be made between working capital
24 funds and the ‘‘Foreign Currency Fluctuations, Defense’’
25 appropriation and the ‘‘Operation and Maintenance’’ ap-
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246
1 propriation accounts in such amounts as may be deter2 mined by the Secretary of Defense, with the approval of
3 the Office of Management and Budget, except that such
4 transfers may not be made unless the Secretary of Defense
5 has notified the Congress of the proposed transfer. Except
6 in amounts equal to the amounts appropriated to working
7 capital funds in this Act, no obligations may be made
8 against a working capital fund to procure or increase the
9 value of war reserve material inventory, unless the Sec10 retary of Defense has notified the Congress prior to any
11 such obligation.
12
SEC. 8009. Funds appropriated by this Act may not
13 be used to initiate a special access program without prior
14 notification 30 calendar days in advance to the congres15 sional defense committees.
16
SEC. 8010. None of the funds provided in this Act
17 shall be available to initiate: (1) a multiyear contract that
18 employs economic order quantity procurement in excess of
19 $20,000,000 in any one year of the contract or that in20 cludes an unfunded contingent liability in excess of
21 $20,000,000; or (2) a contract for advance procurement
22 leading to a multiyear contract that employs economic
23 order quantity procurement in excess of $20,000,000 in
24 any one year, unless the congressional defense committees
25 have been notified at least 30 days in advance of the pro-
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1 posed contract award: Provided, That no part of any ap2 propriation contained in this Act shall be available to ini3 tiate a multiyear contract for which the economic order
4 quantity advance procurement is not funded at least to
5 the limits of the Government’s liability: Provided further,
6 That no part of any appropriation contained in this Act
7 shall be available to initiate multiyear procurement con8 tracts for any systems or component thereof if the value
9 of the multiyear contract would exceed $500,000,000 un10 less specifically provided in this Act: Provided further,
11 That no multiyear procurement contract can be termi12 nated without 10-day prior notification to the congres13 sional defense committees: Provided further, That the exe14 cution of multiyear authority shall require the use of a
15 present value analysis to determine lowest cost compared
16 to an annual procurement: Provided further, That none of
17 the funds provided in this Act may be used for a multiyear
18 contract executed after the date of the enactment of this
19 Act unless in the case of any such contract—
20
(1) the Secretary of Defense has submitted to
21
Congress a budget request for full funding of units
22
to be procured through the contract and, in the case
23
of a contract for procurement of aircraft, that in-
24
cludes, for any aircraft unit to be procured through
25
the contract for which procurement funds are re-
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248
1
quested in that budget request for production be-
2
yond advance procurement activities in the fiscal
3
year covered by the budget, full funding of procure-
4
ment of such unit in that fiscal year;
5
(2) cancellation provisions in the contract do
6
not include consideration of recurring manufacturing
7
costs of the contractor associated with the produc-
8
tion of unfunded units to be delivered under the con-
9
tract;
10
(3) the contract provides that payments to the
11
contractor under the contract shall not be made in
12
advance of incurred costs on funded units; and
13
(4) the contract does not provide for a price ad-
14
justment based on a failure to award a follow-on
15
contract.
16
Funds appropriated in title III of this Act may be
17 used for a multiyear procurement contract as follows:
18
E–2D Advanced Hawkeye, SSN 774 Virginia
19
class submarine, KC–130J, C–130J, HC–130J,
20
MC–130J, AC–130J aircraft, and government-fur-
21
nished equipment.
22
SEC. 8011. Within the funds appropriated for the op-
23 eration and maintenance of the Armed Forces, funds are
24 hereby appropriated pursuant to section 401 of title 10,
25 United States Code, for humanitarian and civic assistance
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249
1 costs under chapter 20 of title 10, United States Code.
2 Such funds may also be obligated for humanitarian and
3 civic assistance costs incidental to authorized operations
4 and pursuant to authority granted in section 401 of chap5 ter 20 of title 10, United States Code, and these obliga6 tions shall be reported as required by section 401(d) of
7 title 10, United States Code: Provided, That funds avail8 able for operation and maintenance shall be available for
9 providing humanitarian and similar assistance by using
10 Civic Action Teams in the Trust Territories of the Pacific
11 Islands and freely associated states of Micronesia, pursu12 ant to the Compact of Free Association as authorized by
13 Public Law 99–239: Provided further, That upon a deter14 mination by the Secretary of the Army that such action
15 is beneficial for graduate medical education programs con16 ducted at Army medical facilities located in Hawaii, the
17 Secretary of the Army may authorize the provision of med18 ical services at such facilities and transportation to such
19 facilities, on a nonreimbursable basis, for civilian patients
20 from American Samoa, the Commonwealth of the North21 ern Mariana Islands, the Marshall Islands, the Federated
22 States of Micronesia, Palau, and Guam.
23
SEC. 8012. (a) During fiscal year 2014, the civilian
24 personnel of the Department of Defense may not be man25 aged on the basis of any end-strength, and the manage-
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250
1 ment of such personnel during that fiscal year shall not
2 be subject to any constraint or limitation (known as an
3 end-strength) on the number of such personnel who may
4 be employed on the last day of such fiscal year.
5
(b) The fiscal year 2015 budget request for the De-
6 partment of Defense as well as all justification material
7 and other documentation supporting the fiscal year 2015
8 Department of Defense budget request shall be prepared
9 and submitted to the Congress as if subsections (a) and
10 (b) of this provision were effective with regard to fiscal
11 year 2015.
12
(c) Nothing in this section shall be construed to apply
13 to military (civilian) technicians.
14
SEC. 8013. None of the funds made available by this
15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress.
18
SEC. 8014. None of the funds appropriated by this
19 Act shall be available for the basic pay and allowances of
20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education
23 Benefits Fund when time spent as a full-time student is
24 credited toward completion of a service commitment: Pro25 vided, That this section shall not apply to those members
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251
1 who have reenlisted with this option prior to October 1,
2 1987: Provided further, That this section applies only to
3 active components of the Army.
4
(TRANSFER OF FUNDS)
5
SEC. 8015. Funds appropriated in title III of this Act
6 for the Department of Defense Pilot Mentor-Protégé Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing
9 a Mentor-Protégé Program developmental assistance
10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law
12 101–510; 10 U.S.C. 2302 note), as amended, under the
13 authority of this provision or any other transfer authority
14 contained in this Act.
15
SEC. 8016. None of the funds in this Act may be
16 available for the purchase by the Department of Defense
17 (and its departments and agencies) of welded shipboard
18 anchor and mooring chain 4 inches in diameter and under
19 unless the anchor and mooring chain are manufactured
20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That
22 for the purpose of this section, the term ‘‘manufactured’’
23 shall include cutting, heat treating, quality control, testing
24 of chain and welding (including the forging and shot blast25 ing process): Provided further, That for the purpose of this
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252
1 section substantially all of the components of anchor and
2 mooring chain shall be considered to be produced or manu3 factured in the United States if the aggregate cost of the
4 components produced or manufactured in the United
5 States exceeds the aggregate cost of the components pro6 duced or manufactured outside the United States: Pro7 vided further, That when adequate domestic supplies are
8 not available to meet Department of Defense requirements
9 on a timely basis, the Secretary of the service responsible
10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees
12 on Appropriations that such an acquisition must be made
13 in order to acquire capability for national security pur14 poses.
15
SEC. 8017. None of the funds available to the De-
16 partment of Defense may be used to demilitarize or dis17 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
18 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or
19 to demilitarize or destroy small arms ammunition or am20 munition components that are not otherwise prohibited
21 from commercial sale under Federal law, unless the small
22 arms ammunition or ammunition components are certified
23 by the Secretary of the Army or designee as unserviceable
24 or unsafe for further use.
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253
1
SEC. 8018. No more than $500,000 of the funds ap-
2 propriated or made available in this Act shall be used dur3 ing a single fiscal year for any single relocation of an orga4 nization, unit, activity or function of the Department of
5 Defense into or within the National Capital Region: Pro6 vided, That the Secretary of Defense may waive this re7 striction on a case-by-case basis by certifying in writing
8 to the congressional defense committees that such a relo9 cation is required in the best interest of the Government.
10
SEC. 8019. In addition to the funds provided else-
11 where in this Act, $15,000,000 is appropriated only for
12 incentive payments authorized by section 504 of the In13 dian Financing Act of 1974 (25 U.S.C. 1544): Provided,
14 That a prime contractor or a subcontractor at any tier
15 that makes a subcontract award to any subcontractor or
16 supplier as defined in section 1544 of title 25, United
17 States Code, or a small business owned and controlled by
18 an individual or individuals defined under section 4221(9)
19 of title 25, United States Code, shall be considered a con20 tractor for the purposes of being allowed additional com21 pensation under section 504 of the Indian Financing Act
22 of 1974 (25 U.S.C. 1544) whenever the prime contract
23 or subcontract amount is over $500,000 and involves the
24 expenditure of funds appropriated by an Act making ap25 propriations for the Department of Defense with respect
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254
1 to any fiscal year: Provided further, That notwithstanding
2 section 1906 of title 41, United States Code, this section
3 shall be applicable to any Department of Defense acquisi4 tion of supplies or services, including any contract and any
5 subcontract at any tier for acquisition of commercial items
6 produced or manufactured, in whole or in part, by any
7 subcontractor or supplier defined in section 1544 of title
8 25, United States Code, or a small business owned and
9 controlled by an individual or individuals defined under
10 section 4221(9) of title 25, United States Code.
11
SEC. 8020. Funds appropriated by this Act for the
12 Defense Media Activity shall not be used for any national
13 or international political or psychological activities.
14
SEC. 8021. During the current fiscal year, the De-
15 partment of Defense is authorized to incur obligations of
16 not to exceed $350,000,000 for purposes specified in sec17 tion 2350j(c) of title 10, United States Code, in anticipa18 tion of receipt of contributions, only from the Government
19 of Kuwait, under that section: Provided, That upon re20 ceipt, such contributions from the Government of Kuwait
21 shall be credited to the appropriations or fund which in22 curred such obligations.
23
SEC. 8022. (a) Of the funds made available in this
24 Act, not less than $39,532,000 shall be available for the
25 Civil Air Patrol Corporation, of which—
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255
1
(1) $28,400,000 shall be available from ‘‘Oper-
2
ation and Maintenance, Air Force’’ to support Civil
3
Air Patrol Corporation operation and maintenance,
4
readiness, counter-drug activities, and drug demand
5
reduction activities involving youth programs;
6
(2) $10,200,000 shall be available from ‘‘Air-
7
craft Procurement, Air Force’’; and
8
(3) $932,000 shall be available from ‘‘Other
9
Procurement, Air Force’’ for vehicle procurement.
10
(b) The Secretary of the Air Force should waive reim-
11 bursement for any funds used by the Civil Air Patrol for
12 counter-drug activities in support of Federal, State, and
13 local government agencies.
14
SEC. 8023. (a) None of the funds appropriated in this
15 Act are available to establish a new Department of De16 fense (department) federally funded research and develop17 ment center (FFRDC), either as a new entity, or as a
18 separate entity administrated by an organization man19 aging another FFRDC, or as a nonprofit membership cor20 poration consisting of a consortium of other FFRDCs and
21 other nonprofit entities.
22
(b) No member of a Board of Directors, Trustees,
23 Overseers, Advisory Group, Special Issues Panel, Visiting
24 Committee, or any similar entity of a defense FFRDC,
25 and no paid consultant to any defense FFRDC, except
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256
1 when acting in a technical advisory capacity, may be com2 pensated for his or her services as a member of such enti3 ty, or as a paid consultant by more than one FFRDC in
4 a fiscal year: Provided, That a member of any such entity
5 referred to previously in this subsection shall be allowed
6 travel expenses and per diem as authorized under the Fed7 eral Joint Travel Regulations, when engaged in the per8 formance of membership duties.
9
(c) Notwithstanding any other provision of law, none
10 of the funds available to the department from any source
11 during fiscal year 2014 may be used by a defense FFRDC,
12 through a fee or other payment mechanism, for construc13 tion of new buildings, for payment of cost sharing for
14 projects funded by Government grants, for absorption of
15 contract overruns, or for certain charitable contributions,
16 not to include employee participation in community service
17 and/or development.
18
(d) Notwithstanding any other provision of law, of
19 the funds available to the department during fiscal year
20 2014, not more than 5,750 staff years of technical effort
21 (staff years) may be funded for defense FFRDCs: Pro22 vided, That of the specific amount referred to previously
23 in this subsection, not more than 1,125 staff years may
24 be funded for the defense studies and analysis FFRDCs:
25 Provided further, That this subsection shall not apply to
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257
1 staff years funded in the National Intelligence Program
2 (NIP) and the Military Intelligence Program (MIP).
3
(e) The Secretary of Defense shall, with the submis-
4 sion of the department’s fiscal year 2015 budget request,
5 submit a report presenting the specific amounts of staff
6 years of technical effort to be allocated for each defense
7 FFRDC during that fiscal year and the associated budget
8 estimates.
9
(f) Notwithstanding any other provision of this Act,
10 the total amount appropriated in this Act for FFRDCs
11 is hereby reduced by $40,000,000.
12
SEC. 8024. None of the funds appropriated or made
13 available in this Act shall be used to procure carbon, alloy,
14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of
16 Defense which were not melted and rolled in the United
17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class
19 9515, American Society of Testing and Materials (ASTM)
20 or American Iron and Steel Institute (AISI) specifications
21 of carbon, alloy or armor steel plate: Provided further,
22 That the Secretary of the military department responsible
23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees
25 on Appropriations of the House of Representatives and the
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258
1 Senate that adequate domestic supplies are not available
2 to meet Department of Defense requirements on a timely
3 basis and that such an acquisition must be made in order
4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to
6 contracts which are in being as of the date of the enact7 ment of this Act.
8
SEC. 8025. For the purposes of this Act, the term
9 ‘‘congressional defense committees’’ means the Armed
10 Services Committee of the House of Representatives, the
11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations
13 of the Senate, and the Subcommittee on Defense of the
14 Committee on Appropriations of the House of Representa15 tives.
16
SEC. 8026. During the current fiscal year, the De-
17 partment of Defense may acquire the modification, depot
18 maintenance and repair of aircraft, vehicles and vessels
19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and in-
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259
1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A–
3 76 shall not apply to competitions conducted under this
4 section.
5
SEC. 8027. (a)(1) If the Secretary of Defense, after
6 consultation with the United States Trade Representative,
7 determines that a foreign country which is party to an
8 agreement described in paragraph (2) has violated the
9 terms of the agreement by discriminating against certain
10 types of products produced in the United States that are
11 covered by the agreement, the Secretary of Defense shall
12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced
14 in that foreign country.
15
(2) An agreement referred to in paragraph (1) is any
16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country
18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products
20 in that country.
21
(b) The Secretary of Defense shall submit to the Con-
22 gress a report on the amount of Department of Defense
23 purchases from foreign entities in fiscal year 2014. Such
24 report shall separately indicate the dollar value of items
25 for which the Buy American Act was waived pursuant to
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260
1 any agreement described in subsection (a)(2), the Trade
2 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
3 international agreement to which the United States is a
4 party.
5
(c) For purposes of this section, the term ‘‘Buy
6 American Act’’ means chapter 83 of title 41, United
7 States Code.
8
SEC. 8028. During the current fiscal year, amounts
9 contained in the Department of Defense Overseas Military
10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act
12 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
13 be available until expended for the payments specified by
14 section 2921(c)(2) of that Act.
15
SEC. 8029. (a) Notwithstanding any other provision
16 of law, the Secretary of the Air Force may convey at no
17 cost to the Air Force, without consideration, to Indian
18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and
20 Washington relocatable military housing units located at
21 Grand Forks Air Force Base, Malmstrom Air Force Base,
22 Mountain Home Air Force Base, Ellsworth Air Force
23 Base, and Minot Air Force Base that are excess to the
24 needs of the Air Force.
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261
1
(b) The Secretary of the Air Force shall convey, at
2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units
4 that are submitted to the Secretary by the Operation
5 Walking Shield Program on behalf of Indian tribes located
6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any
8 such conveyance shall be subject to the condition that the
9 housing units shall be removed within a reasonable period
10 of time, as determined by the Secretary.
11
(c) The Operation Walking Shield Program shall re-
12 solve any conflicts among requests of Indian tribes for
13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection
15 (b).
16
(d) In this section, the term ‘‘Indian tribe’’ means
17 any recognized Indian tribe included on the current list
18 published by the Secretary of the Interior under section
19 104 of the Federally Recognized Indian Tribe Act of 1994
20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–
21 1).
22
SEC. 8030. During the current fiscal year, appropria-
23 tions which are available to the Department of Defense
24 for operation and maintenance may be used to purchase
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262
1 items having an investment item unit cost of not more
2 than $250,000.
3
SEC. 8031. (a) During the current fiscal year, none
4 of the appropriations or funds available to the Department
5 of Defense Working Capital Funds shall be used for the
6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to
9 customers of the Department of Defense Working Capital
10 Funds if such an item would not have been chargeable
11 to the Department of Defense Business Operations Fund
12 during fiscal year 1994 and if the purchase of such an
13 investment item would be chargeable during the current
14 fiscal year to appropriations made to the Department of
15 Defense for procurement.
16
(b) The fiscal year 2015 budget request for the De-
17 partment of Defense as well as all justification material
18 and other documentation supporting the fiscal year 2015
19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment
21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be
23 budgeted for in a proposed fiscal year 2015 procurement
24 appropriation and not in the supply management business
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263
1 area or any other area or category of the Department of
2 Defense Working Capital Funds.
3
SEC. 8032. None of the funds appropriated by this
4 Act for programs of the Central Intelligence Agency shall
5 remain available for obligation beyond the current fiscal
6 year, except for funds appropriated for the Reserve for
7 Contingencies, which shall remain available until Sep8 tember 30, 2015: Provided, That funds appropriated,
9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund
11 during this or any prior or subsequent fiscal year shall
12 remain available until expended: Provided further, That
13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of
17 the National Security Act of 1947 (50 U.S.C. 3093) shall
18 remain available until September 30, 2015.
19
SEC. 8033. Notwithstanding any other provision of
20 law, funds made available in this Act for the Defense In21 telligence Agency may be used for the design, develop22 ment, and deployment of General Defense Intelligence
23 Program intelligence communications and intelligence in24 formation systems for the Services, the Unified and Speci25 fied Commands, and the component commands.
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264
1
SEC. 8034. Of the funds appropriated to the Depart-
2 ment of Defense under the heading ‘‘Operation and Main3 tenance, Defense-Wide’’, not less than $12,000,000 shall
4 be made available only for the mitigation of environmental
5 impacts, including training and technical assistance to
6 tribes, related administrative support, the gathering of in7 formation, documenting of environmental damage, and de8 veloping a system for prioritization of mitigation and cost
9 to complete estimates for mitigation, on Indian lands re10 sulting from Department of Defense activities.
11
SEC. 8035. (a) None of the funds appropriated in this
12 Act may be expended by an entity of the Department of
13 Defense unless the entity, in expending the funds, com14 plies with the Buy American Act. For purposes of this
15 subsection, the term ‘‘Buy American Act’’ means chapter
16 83 of title 41, United States Code.
17
(b) If the Secretary of Defense determines that a per-
18 son has been convicted of intentionally affixing a label
19 bearing a ‘‘Made in America’’ inscription to any product
20 sold in or shipped to the United States that is not made
21 in America, the Secretary shall determine, in accordance
22 with section 2410f of title 10, United States Code, wheth23 er the person should be debarred from contracting with
24 the Department of Defense.
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265
1
(c) In the case of any equipment or products pur-
2 chased with appropriations provided under this Act, it is
3 the sense of the Congress that any entity of the Depart4 ment of Defense, in expending the appropriation, purchase
5 only American-made equipment and products, provided
6 that American-made equipment and products are cost7 competitive, quality competitive, and available in a timely
8 fashion.
9
SEC. 8036. None of the funds appropriated by this
10 Act shall be available for a contract for studies, analysis,
11 or consulting services entered into without competition on
12 the basis of an unsolicited proposal unless the head of the
13 activity responsible for the procurement determines—
14
(1) as a result of thorough technical evaluation,
15
only one source is found fully qualified to perform
16
the proposed work;
17
(2) the purpose of the contract is to explore an
18
unsolicited proposal which offers significant sci-
19
entific or technological promise, represents the prod-
20
uct of original thinking, and was submitted in con-
21
fidence by one source; or
22
(3) the purpose of the contract is to take ad-
23
vantage of unique and significant industrial accom-
24
plishment by a specific concern, or to insure that a
25
new product or idea of a specific concern is given fi-
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266
1
nancial support: Provided, That this limitation shall
2
not apply to contracts in an amount of less than
3
$25,000, contracts related to improvements of equip-
4
ment that is in development or production, or con-
5
tracts as to which a civilian official of the Depart-
6
ment of Defense, who has been confirmed by the
7
Senate, determines that the award of such contract
8
is in the interest of the national defense.
9
SEC. 8037. (a) Except as provided in subsections (b)
10 and (c), none of the funds made available by this Act may
11 be used—
12
(1) to establish a field operating agency; or
13
(2) to pay the basic pay of a member of the
14
Armed Forces or civilian employee of the depart-
15
ment who is transferred or reassigned from a head-
16
quarters activity if the member or employee’s place
17
of duty remains at the location of that headquarters.
18
(b) The Secretary of Defense or Secretary of a mili-
19 tary department may waive the limitations in subsection
20 (a), on a case-by-case basis, if the Secretary determines,
21 and certifies to the Committees on Appropriations of the
22 House of Representatives and the Senate that the grant23 ing of the waiver will reduce the personnel requirements
24 or the financial requirements of the department.
25
(c) This section does not apply to—
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267
1
(1) field operating agencies funded within the
2
National Intelligence Program;
3
(2) an Army field operating agency established
4
to eliminate, mitigate, or counter the effects of im-
5
provised explosive devices, and, as determined by the
6
Secretary of the Army, other similar threats;
7
(3) an Army field operating agency established
8
to improve the effectiveness and efficiencies of bio-
9
metric activities and to integrate common biometric
10
technologies throughout the Department of Defense;
11
or
12
(4) an Air Force field operating agency estab-
13
lished to administer the Air Force Mortuary Affairs
14
Program and Mortuary Operations for the Depart-
15
ment of Defense and authorized Federal entities.
16
SEC. 8038. None of the funds appropriated in this
17 Act may be obligated or expended by the Secretary of a
18 military department in contravention of the provisions of
19 section 352 of the National Defense Authorization Act for
20 Fiscal Year 2014 to adopt any new camouflage pattern
21 design or uniform fabric for any combat or camouflage
22 utility uniform or family of uniforms for use by an Armed
23 Force.
24
SEC. 8039. (a) None of the funds appropriated by
25 this Act shall be available to convert to contractor per-
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268
1 formance an activity or function of the Department of De2 fense that, on or after the date of the enactment of this
3 Act, is performed by Department of Defense civilian em4 ployees unless—
5
(1) the conversion is based on the result of a
6
public-private competition that includes a most effi-
7
cient and cost effective organization plan developed
8
by such activity or function;
9
(2) the Competitive Sourcing Official deter-
10
mines that, over all performance periods stated in
11
the solicitation of offers for performance of the ac-
12
tivity or function, the cost of performance of the ac-
13
tivity or function by a contractor would be less costly
14
to the Department of Defense by an amount that
15
equals or exceeds the lesser of—
16
(A) 10 percent of the most efficient organi-
17
zation’s personnel-related costs for performance
18
of that activity or function by Federal employ-
19
ees; or
20
(B) $10,000,000; and
21
(3) the contractor does not receive an advan-
22
tage for a proposal that would reduce costs for the
23
Department of Defense by—
24
(A) not making an employer-sponsored
25
health insurance plan available to the workers
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269
1
who are to be employed in the performance of
2
that activity or function under the contract; or
3
(B) offering to such workers an employer-
4
sponsored health benefits plan that requires the
5
employer to contribute less towards the pre-
6
mium or subscription share than the amount
7
that is paid by the Department of Defense for
8
health benefits for civilian employees under
9
chapter 89 of title 5, United States Code.
10
(b)(1) The Department of Defense, without regard
11 to subsection (a) of this section or subsection (a), (b), or
12 (c) of section 2461 of title 10, United States Code, and
13 notwithstanding any administrative regulation, require14 ment, or policy to the contrary shall have full authority
15 to enter into a contract for the performance of any com16 mercial or industrial type function of the Department of
17 Defense that—
18
(A) is included on the procurement list estab-
19
lished pursuant to section 2 of the Javits-Wagner-
20
O’Day Act (section 8503 of title 41, United States
21
Code);
22
(B) is planned to be converted to performance
23
by a qualified nonprofit agency for the blind or by
24
a qualified nonprofit agency for other severely handi-
25
capped individuals in accordance with that Act; or
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270
1
(C) is planned to be converted to performance
2
by a qualified firm under at least 51 percent owner-
3
ship by an Indian tribe, as defined in section 4(e)
4
of the Indian Self-Determination and Education As-
5
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
6
waiian Organization, as defined in section 8(a)(15)
7
of the Small Business Act (15 U.S.C. 637(a)(15)).
8
(2) This section shall not apply to depot contracts
9 or contracts for depot maintenance as provided in sections
10 2469 and 2474 of title 10, United States Code.
11
(c) The conversion of any activity or function of the
12 Department of Defense under the authority provided by
13 this section shall be credited toward any competitive or
14 outsourcing goal, target, or measurement that may be es15 tablished by statute, regulation, or policy and is deemed
16 to be awarded under the authority of, and in compliance
17 with, subsection (h) of section 2304 of title 10, United
18 States Code, for the competition or outsourcing of com19 mercial activities.
20
(RESCISSIONS)
21
SEC. 8040. Of the funds appropriated in Department
22 of Defense Appropriations Acts, the following funds are
23 hereby rescinded from the following accounts and pro24 grams in the specified amounts:
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271
1
‘‘National Defense Sealift Fund’’, 2011/XXXX,
2
$10,000,000;
3
‘‘Other
4
Procurement,
Army’’,
2012/2014,
Navy’’,
2012/2014,
$40,000,000;
5
‘‘Aircraft
6
Procurement,
$10,000,000;
7
‘‘Weapons Procurement, Navy’’, 2012/2014,
8
$33,300,000;
9
‘‘Other
10
Procurement,
Navy’’,
2012/2014,
$266,486,000;
11
‘‘Aircraft Procurement, Air Force’’, 2012/2014,
12
$449,735,000;
13
‘‘Missile Procurement, Air Force’’, 2012/2014,
14
$10,000,000;
15
‘‘National Defense Sealift Fund’’, 2012/XXXX,
16
$14,000,000;
17
‘‘Defense
18
$144,518,000;
19
Health
‘‘Cooperative
20
Program’’,
Threat
2012/2014,
Reduction
Account’’,
Army’’,
2013/2015,
Navy’’,
2013/2015,
2013/2015, $37,500,000;
21
‘‘Other
22
Procurement,
$45,426,000;
23
‘‘Aircraft
24
$112,000,000;
Procurement,
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272
1
‘‘Weapons Procurement, Navy’’, 2013/2015,
2
$5,000,000;
3
‘‘Other
4
$7,979,000;
5
Procurement,
‘‘Procurement,
6
Marine
Navy’’,
2013/2015,
Corps’’,
2013/2015,
$12,650,000;
7
‘‘Aircraft Procurement, Air Force’’, 2013/2015,
8
$239,090,000;
9
‘‘Missile Procurement, Air Force’’, 2013/2015,
10
$55,000,000;
11
‘‘Other Procurement, Air Force’’, 2013/2015,
12
$44,900,000;
13
‘‘Procurement,
14
Defense-Wide’’,
2013/2015,
$104,043,000;
15
‘‘Research, Development, Test and Evaluation,
16
Army’’, 2013/2014, $46,100,000;
17
‘‘Research, Development, Test and Evaluation,
18
Navy’’, 2013/2014, $59,257,000;
19
‘‘Research, Development, Test and Evaluation,
20
Air Force’’, 2013/2014, $38,646,000;
21
‘‘Research, Development, Test and Evaluation,
22
Defense-Wide’’, 2013/2014, $15,000,000;
23
‘‘Defense
24
$998,000; and
Health
Program’’,
2013/2014,
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273
1
‘‘Defense
2
$104,461,000.
3
SEC. 8041. None of the funds available in this Act
Health
Program’’,
2013/2015,
4 may be used to reduce the authorized positions for mili5 tary technicians (dual status) of the Army National
6 Guard, Air National Guard, Army Reserve and Air Force
7 Reserve for the purpose of applying any administratively
8 imposed civilian personnel ceiling, freeze, or reduction on
9 military technicians (dual status), unless such reductions
10 are a direct result of a reduction in military force struc11 ture.
12
SEC. 8042. None of the funds appropriated or other-
13 wise made available in this Act may be obligated or ex14 pended for assistance to the Democratic People’s Republic
15 of Korea unless specifically appropriated for that purpose.
16
SEC. 8043. Funds appropriated in this Act for oper-
17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available
19 for reimbursement of pay, allowances and other expenses
20 which would otherwise be incurred against appropriations
21 for the National Guard and Reserve when members of the
22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense
24 Agencies and Joint Intelligence Activities, including the
25 activities and programs included within the National Intel-
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274
1 ligence Program and the Military Intelligence Program:
2 Provided, That nothing in this section authorizes deviation
3 from established Reserve and National Guard personnel
4 and training procedures.
5
SEC. 8044. During the current fiscal year, none of
6 the funds appropriated in this Act may be used to reduce
7 the civilian medical and medical support personnel as8 signed to military treatment facilities below the September
9 30, 2003, level: Provided, That the Service Surgeons Gen10 eral may waive this section by certifying to the congres11 sional defense committees that the beneficiary population
12 is declining in some catchment areas and civilian strength
13 reductions may be consistent with responsible resource
14 stewardship and capitation-based budgeting.
15
SEC. 8045. (a) None of the funds available to the
16 Department of Defense for any fiscal year for drug inter17 diction or counter-drug activities may be transferred to
18 any other department or agency of the United States ex19 cept as specifically provided in an appropriations law.
20
(b) None of the funds available to the Central Intel-
21 ligence Agency for any fiscal year for drug interdiction
22 and counter-drug activities may be transferred to any
23 other department or agency of the United States except
24 as specifically provided in an appropriations law.
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275
1
SEC. 8046. None of the funds appropriated by this
2 Act may be used for the procurement of ball and roller
3 bearings other than those produced by a domestic source
4 and of domestic origin: Provided, That the Secretary of
5 the military department responsible for such procurement
6 may waive this restriction on a case-by-case basis by certi7 fying in writing to the Committees on Appropriations of
8 the House of Representatives and the Senate, that ade9 quate domestic supplies are not available to meet Depart10 ment of Defense requirements on a timely basis and that
11 such an acquisition must be made in order to acquire ca12 pability for national security purposes: Provided further,
13 That this restriction shall not apply to the purchase of
14 ‘‘commercial items’’, as defined by section 4(12) of the
15 Office of Federal Procurement Policy Act, except that the
16 restriction shall apply to ball or roller bearings purchased
17 as end items.
18
SEC. 8047. None of the funds in this Act may be
19 used to purchase any supercomputer which is not manu20 factured in the United States, unless the Secretary of De21 fense certifies to the congressional defense committees
22 that such an acquisition must be made in order to acquire
23 capability for national security purposes that is not avail24 able from United States manufacturers.
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276
1
SEC. 8048. None of the funds made available in this
2 or any other Act may be used to pay the salary of any
3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program,
6 project, or activity financed by this Act to the jurisdiction
7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That
9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or
11 provisions of Acts providing supplemental appropriations
12 for the Department of Defense.
13
SEC. 8049. (a) Notwithstanding any other provision
14 of law, none of the funds available to the Department of
15 Defense for the current fiscal year may be obligated or
16 expended to transfer to another nation or an international
17 organization any defense articles or services (other than
18 intelligence services) for use in the activities described in
19 subsection (b) unless the congressional defense commit20 tees, the Committee on Foreign Affairs of the House of
21 Representatives, and the Committee on Foreign Relations
22 of the Senate are notified 15 days in advance of such
23 transfer.
24
(b) This section applies to—
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277
1
(1) any international peacekeeping or peace-en-
2
forcement operation under the authority of chapter
3
VI or chapter VII of the United Nations Charter
4
under the authority of a United Nations Security
5
Council resolution; and
6
(2) any other international peacekeeping, peace-
7
enforcement, or humanitarian assistance operation.
8
(c) A notice under subsection (a) shall include the
9 following:
10
(1) A description of the equipment, supplies, or
11
services to be transferred.
12
(2) A statement of the value of the equipment,
13
supplies, or services to be transferred.
14
(3) In the case of a proposed transfer of equip-
15
ment or supplies—
16
(A) a statement of whether the inventory
17
requirements of all elements of the Armed
18
Forces (including the reserve components) for
19
the type of equipment or supplies to be trans-
20
ferred have been met; and
21
(B) a statement of whether the items pro-
22
posed to be transferred will have to be replaced
23
and, if so, how the President proposes to pro-
24
vide funds for such replacement.
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278
1
SEC. 8050. None of the funds available to the De-
2 partment of Defense under this Act shall be obligated or
3 expended to pay a contractor under a contract with the
4 Department of Defense for costs of any amount paid by
5 the contractor to an employee when—
6
(1) such costs are for a bonus or otherwise in
7
excess of the normal salary paid by the contractor
8
to the employee; and
9
(2) such bonus is part of restructuring costs as-
10
sociated with a business combination.
11
(INCLUDING TRANSFER OF FUNDS)
12
SEC. 8051. During the current fiscal year, no more
13 than $30,000,000 of appropriations made in this Act
14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for
16 the pay of military personnel, to be merged with, and to
17 be available for the same time period as the appropriations
18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible
20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States
22 Code.
23
SEC. 8052. During the current fiscal year, in the case
24 of an appropriation account of the Department of Defense
25 for which the period of availability for obligation has ex-
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279
1 pired or which has closed under the provisions of section
2 1552 of title 31, United States Code, and which has a
3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged
5 to any current appropriation account for the same purpose
6 as the expired or closed account if—
7
(1) the obligation would have been properly
8
chargeable (except as to amount) to the expired or
9
closed account before the end of the period of avail-
10
ability or closing of that account;
11
(2) the obligation is not otherwise properly
12
chargeable to any current appropriation account of
13
the Department of Defense; and
14
(3) in the case of an expired account, the obli-
15
gation is not chargeable to a current appropriation
16
of the Department of Defense under the provisions
17
of section 1405(b)(8) of the National Defense Au-
18
thorization Act for Fiscal Year 1991, Public Law
19
101–510, as amended (31 U.S.C. 1551 note): Pro-
20
vided, That in the case of an expired account, if sub-
21
sequent review or investigation discloses that there
22
was not in fact a negative unliquidated or unex-
23
pended balance in the account, any charge to a cur-
24
rent account under the authority of this section shall
25
be reversed and recorded against the expired ac-
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1
count: Provided further, That the total amount
2
charged to a current appropriation under this sec-
3
tion may not exceed an amount equal to 1 percent
4
of the total appropriation for that account.
5
SEC. 8053. (a) Notwithstanding any other provision
6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance
8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard
10 Bureau shall establish the amount of reimbursement for
11 such use on a case-by-case basis.
12
(b) Amounts collected under subsection (a) shall be
13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs
15 associated with the use of equipment of the project under
16 that subsection. Such funds shall be available for such
17 purposes without fiscal year limitation.
18
SEC. 8054. Using funds made available by this Act
19 or any other Act, the Secretary of the Air Force, pursuant
20 to a determination under section 2690 of title 10, United
21 States Code, may implement cost-effective agreements for
22 required
heating
facility
modernization
in
the
23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of
25 Kaiserslautern and at the Rhine Ordnance Barracks area,
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281
1 such agreements will include the use of United States an2 thracite as the base load energy for municipal district heat
3 to the United States Defense installations: Provided fur4 ther, That at Landstuhl Army Regional Medical Center
5 and Ramstein Air Base, furnished heat may be obtained
6 from private, regional or municipal services, if provisions
7 are included for the consideration of United States coal
8 as an energy source.
9
SEC. 8055. None of the funds appropriated in title
10 IV of this Act may be used to procure end-items for deliv11 ery to military forces for operational training, operational
12 use or inventory requirements: Provided, That this restric13 tion does not apply to end-items used in development,
14 prototyping, and test activities preceding and leading to
15 acceptance for operational use: Provided further, That this
16 restriction does not apply to programs funded within the
17 National Intelligence Program: Provided further, That the
18 Secretary of Defense may waive this restriction on a case19 by-case basis by certifying in writing to the Committees
20 on Appropriations of the House of Representatives and the
21 Senate that it is in the national security interest to do
22 so.
23
SEC. 8056. (a) The Secretary of Defense may, on a
24 case-by-case basis, waive with respect to a foreign country
25 each limitation on the procurement of defense items from
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1 foreign sources provided in law if the Secretary determines
2 that the application of the limitation with respect to that
3 country would invalidate cooperative programs entered
4 into between the Department of Defense and the foreign
5 country, or would invalidate reciprocal trade agreements
6 for the procurement of defense items entered into under
7 section 2531 of title 10, United States Code, and the
8 country does not discriminate against the same or similar
9 defense items produced in the United States for that coun10 try.
11
(b) Subsection (a) applies with respect to—
12
(1) contracts and subcontracts entered into on
13
or after the date of the enactment of this Act; and
14
(2) options for the procurement of items that
15
are exercised after such date under contracts that
16
are entered into before such date if the option prices
17
are adjusted for any reason other than the applica-
18
tion of a waiver granted under subsection (a).
19
(c) Subsection (a) does not apply to a limitation re-
20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by
22 section 11 (chapters 50–65) of the Harmonized Tariff
23 Schedule and products classified under headings 4010,
24 4202, 4203, 6401 through 6406, 6505, 7019, 7218
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283
1 through 7229, 7304.41 through 7304.49, 7306.40, 7502
2 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
3
SEC. 8057. (a) IN GENERAL.—
4
(1) None of the funds made available by this
5
Act may be used for any training, equipment, or
6
other assistance for the members of a unit of a for-
7
eign security force if the Secretary of Defense has
8
credible information that the unit has committed a
9
gross violation of human rights.
10
(2) The Secretary of Defense, in consultation
11
with the Secretary of State, shall ensure that prior
12
to a decision to provide any training, equipment, or
13
other assistance to a unit of a foreign security force
14
full consideration is given to any credible informa-
15
tion available to the Department of State relating to
16
human rights violations by such unit.
17
(b) EXCEPTION.—The prohibition in subsection
18 (a)(1) shall not apply if the Secretary of Defense, after
19 consultation with the Secretary of State, determines that
20 the government of such country has taken all necessary
21 corrective steps, or if the equipment or other assistance
22 is necessary to assist in disaster relief operations or other
23 humanitarian or national security emergencies.
24
(c) WAIVER.—The Secretary of Defense, after con-
25 sultation with the Secretary of State, may waive the prohi-
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284
1 bition in subsection (a)(1) if the Secretary of Defense de2 termines that such waiver is required by extraordinary cir3 cumstances.
4
(d) PROCEDURES.—The Secretary of Defense shall
5 establish, and periodically update, procedures to ensure
6 that any information in the possession of the Department
7 of Defense about gross violations of human rights by units
8 of foreign security forces is shared on a timely basis with
9 the Department of State.
10
(e) REPORT.—Not more than 15 days after the appli-
11 cation of any exception under subsection (b) or the exer12 cise of any waiver under subsection (c), the Secretary of
13 Defense shall submit to the appropriate congressional
14 committees a report—
15
(1) in the case of an exception under subsection
16
(b), providing notice of the use of the exception and
17
stating the grounds for the exception; and
18
(2) in the case of a waiver under subsection (c),
19
describing the information relating to the gross vio-
20
lation of human rights; the extraordinary or other
21
circumstances that necessitate the waiver; the pur-
22
pose and duration of the training, equipment, or
23
other assistance; and the United States forces and
24
the foreign security force unit involved.
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1
(f) DEFINITION.—For purposes of this section the
2 term ‘‘appropriate congressional committees’’ means the
3 congressional defense committees and the Committees on
4 Appropriations.
5
SEC. 8058. None of the funds appropriated or other-
6 wise made available by this or other Department of De7 fense Appropriations Acts may be obligated or expended
8 for the purpose of performing repairs or maintenance to
9 military family housing units of the Department of De10 fense, including areas in such military family housing
11 units that may be used for the purpose of conducting offi12 cial Department of Defense business.
13
SEC. 8059. Notwithstanding any other provision of
14 law, funds appropriated in this Act under the heading
15 ‘‘Research, Development, Test and Evaluation, Defense16 Wide’’ for any new start advanced concept technology
17 demonstration project or joint capability demonstration
18 project may only be obligated 45 days after a report, in19 cluding a description of the project, the planned acquisi20 tion and transition strategy and its estimated annual and
21 total cost, has been provided in writing to the congres22 sional defense committees: Provided, That the Secretary
23 of Defense may waive this restriction on a case-by-case
24 basis by certifying to the congressional defense committees
25 that it is in the national interest to do so.
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286
1
SEC. 8060. The Secretary of Defense shall provide
2 a classified quarterly report beginning 30 days after enact3 ment of this Act, to the House and Senate Appropriations
4 Committees, Subcommittees on Defense on certain mat5 ters as directed in the classified annex accompanying this
6 Act.
7
SEC. 8061. During the current fiscal year, none of
8 the funds available to the Department of Defense may be
9 used to provide support to another department or agency
10 of the United States if such department or agency is more
11 than 90 days in arrears in making payment to the Depart12 ment of Defense for goods or services previously provided
13 to such department or agency on a reimbursable basis:
14 Provided, That this restriction shall not apply if the de15 partment is authorized by law to provide support to such
16 department or agency on a nonreimbursable basis, and is
17 providing the requested support pursuant to such author18 ity: Provided further, That the Secretary of Defense may
19 waive this restriction on a case-by-case basis by certifying
20 in writing to the Committees on Appropriations of the
21 House of Representatives and the Senate that it is in the
22 national security interest to do so.
23
SEC. 8062. Notwithstanding section 12310(b) of title
24 10, United States Code, a Reserve who is a member of
25 the National Guard serving on full-time National Guard
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287
1 duty under section 502(f) of title 32, United States Code,
2 may perform duties in support of the ground-based ele3 ments of the National Ballistic Missile Defense System.
4
SEC. 8063. None of the funds provided in this Act
5 may be used to transfer to any nongovernmental entity
6 ammunition held by the Department of Defense that has
7 a center-fire cartridge and a United States military no8 menclature designation of ‘‘armor penetrator’’, ‘‘armor
9 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
10 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an
11 entity performing demilitarization services for the Depart12 ment of Defense under a contract that requires the entity
13 to demonstrate to the satisfaction of the Department of
14 Defense that armor piercing projectiles are either: (1) ren15 dered incapable of reuse by the demilitarization process;
16 or (2) used to manufacture ammunition pursuant to a con17 tract with the Department of Defense or the manufacture
18 of ammunition for export pursuant to a License for Per19 manent Export of Unclassified Military Articles issued by
20 the Department of State.
21
SEC. 8064. Notwithstanding any other provision of
22 law, the Chief of the National Guard Bureau, or his des23 ignee, may waive payment of all or part of the consider24 ation that otherwise would be required under section 2667
25 of title 10, United States Code, in the case of a lease of
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288
1 personal property for a period not in excess of 1 year to
2 any organization specified in section 508(d) of title 32,
3 United States Code, or any other youth, social, or fra4 ternal nonprofit organization as may be approved by the
5 Chief of the National Guard Bureau, or his designee, on
6 a case-by-case basis.
7
SEC. 8065. None of the funds appropriated by this
8 Act shall be used for the support of any nonappropriated
9 funds activity of the Department of Defense that procures
10 malt beverages and wine with nonappropriated funds for
11 resale (including such alcoholic beverages sold by the
12 drink) on a military installation located in the United
13 States unless such malt beverages and wine are procured
14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military
16 installation is located: Provided, That in a case in which
17 the military installation is located in more than one State,
18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall
21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another
23 State: Provided further, That alcoholic beverages other
24 than wine and malt beverages, in contiguous States and
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289
1 the District of Columbia shall be procured from the most
2 competitive source, price and other factors considered.
3
(INCLUDING TRANSFER OF FUNDS)
4
SEC. 8066. Of the amounts appropriated in this Act
5 under the heading ‘‘Operation and Maintenance, Army’’,
6 $108,725,800 shall remain available until expended: Pro7 vided, That notwithstanding any other provision of law,
8 the Secretary of Defense is authorized to transfer such
9 funds to other activities of the Federal Government: Pro10 vided further, That the Secretary of Defense is authorized
11 to enter into and carry out contracts for the acquisition
12 of real property, construction, personal services, and oper13 ations related to projects carrying out the purposes of this
14 section: Provided further, That contracts entered into
15 under the authority of this section may provide for such
16 indemnification as the Secretary determines to be nec17 essary: Provided further, That projects authorized by this
18 section shall comply with applicable Federal, State, and
19 local law to the maximum extent consistent with the na20 tional security, as determined by the Secretary of Defense.
21
SEC. 8067. Section 8106 of the Department of De-
22 fense Appropriations Act, 1997 (titles I through VIII of
23 the matter under subsection 101(b) of Public Law 104–
24 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
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290
1 tinue in effect to apply to disbursements that are made
2 by the Department of Defense in fiscal year 2014.
3
(INCLUDING TRANSFER OF FUNDS)
4
SEC. 8068. During the current fiscal year, not to ex-
5 ceed $200,000,000 from funds available under ‘‘Operation
6 and Maintenance, Defense-Wide’’ may be transferred to
7 the Department of State ‘‘Global Security Contingency
8 Fund’’: Provided, That this transfer authority is in addi9 tion to any other transfer authority available to the De10 partment of Defense: Provided further, That the Secretary
11 of Defense shall, not fewer than 30 days prior to making
12 transfers to the Department of State ‘‘Global Security
13 Contingency Fund’’, notify the congressional defense com14 mittees in writing with the source of funds and a detailed
15 justification, execution plan, and timeline for each pro16 posed project.
17
SEC. 8069. In addition to amounts provided else-
18 where in this Act, $4,000,000 is hereby appropriated to
19 the Department of Defense, to remain available for obliga20 tion until expended: Provided, That notwithstanding any
21 other provision of law, that upon the determination of the
22 Secretary of Defense that it shall serve the national inter23 est, these funds shall be available only for a grant to the
24 Fisher House Foundation, Inc., only for the construction
25 and furnishing of additional Fisher Houses to meet the
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291
1 needs of military family members when confronted with
2 the illness or hospitalization of an eligible military bene3 ficiary.
4
(INCLUDING TRANSFER OF FUNDS)
5
SEC. 8070. Of the amounts appropriated in this Act
6 under the headings ‘‘Procurement, Defense-Wide’’ and
7 ‘‘Research, Development, Test and Evaluation, Defense8 Wide’’, $504,091,000 shall be for the Israeli Cooperative
9 Programs: Provided, That of this amount, $235,309,000
10 shall be for the Secretary of Defense to provide to the Gov11 ernment of Israel for the procurement of the Iron Dome
12 defense system to counter short-range rocket threats, in13 cluding $15,000,000 for non-recurring engineering costs
14 in connection with the establishment of a capacity for co15 production in the United States by industry of the United
16 States of parts and components for the Iron Dome short17 range rocket defense program; $149,712,000 shall be for
18 the Short Range Ballistic Missile Defense (SRBMD) pro19 gram, including cruise missile defense research and devel20 opment
under
the
SRBMD
program,
of
which
21 $15,000,000 shall be for production activities of SRBMD
22 missiles in the United States and in Israel to meet Israel’s
23 defense requirements consistent with each nation’s laws,
24 regulations, and procedures; $74,707,000 shall be avail25 able for an upper-tier component to the Israeli Missile De-
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1 fense Architecture; and $44,363,000 shall be for the
2 Arrow System Improvement Program including develop3 ment of a long range, ground and airborne, detection
4 suite: Provided further, That funds made available under
5 this provision for production of missiles and missile com6 ponents may be transferred to appropriations available for
7 the procurement of weapons and equipment, to be merged
8 with and to be available for the same time period and the
9 same purposes as the appropriation to which transferred:
10 Provided further, That the transfer authority provided
11 under this provision is in addition to any other transfer
12 authority contained in this Act.
13
SEC. 8071. None of the funds available to the De-
14 partment of Defense may be obligated to modify command
15 and control relationships to give Fleet Forces Command
16 operational and administrative control of U.S. Navy forces
17 assigned to the Pacific fleet: Provided, That the command
18 and control relationships which existed on October 1,
19 2004, shall remain in force unless changes are specifically
20 authorized in a subsequent Act: Provided further, That
21 this section does not apply to administrative control of
22 Navy Air and Missile Defense Command.
23
(INCLUDING TRANSFER OF FUNDS)
24
SEC. 8072. Of the amounts appropriated in this Act
25 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
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1 $960,400,000 shall be available until September 30, 2014,
2 to fund prior year shipbuilding cost increases: Provided,
3 That upon enactment of this Act, the Secretary of the
4 Navy shall transfer funds to the following appropriations
5 in the amounts specified: Provided further, That the
6 amounts transferred shall be merged with and be available
7 for the same purposes as the appropriations to which
8 transferred to:
9
(1) Under the heading ‘‘Shipbuilding and Con-
10
version, Navy’’, 2007/2014: LHA Replacement Pro-
11
gram $37,700,000;
12
(2) Under the heading ‘‘Shipbuilding and Con-
13
version, Navy’’, 2008/2014: Carrier Replacement
14
Program $588,100,000;
15
(3) Under the heading ‘‘Shipbuilding and Con-
16
version, Navy’’, 2010/2014: Joint High Speed Vessel
17
$7,600,000;
18
(4) Under the heading ‘‘Shipbuilding and Con-
19
version, Navy’’, 2013/2014: Virginia class submarine
20
$227,000,000; and
21
(5) Under the heading ‘‘Shipbuilding and Con-
22
version, Navy’’, 2013/2014: DDG–51 $100,000,000.
23
SEC. 8073. Funds appropriated by this Act, or made
24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized
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1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
3 year 2014 until the enactment of the Intelligence Author4 ization Act for Fiscal Year 2014.
5
SEC. 8074. None of the funds provided in this Act
6 shall be available for obligation or expenditure through a
7 reprogramming of funds that creates or initiates a new
8 program, project, or activity unless such program, project,
9 or activity must be undertaken immediately in the interest
10 of national security and only after written prior notifica11 tion to the congressional defense committees.
12
SEC. 8075. The budget of the President for fiscal
13 year 2015 submitted to the Congress pursuant to section
14 1105 of title 31, United States Code, shall include sepa15 rate budget justification documents for costs of United
16 States Armed Forces’ participation in contingency oper17 ations for the Military Personnel accounts, the Operation
18 and Maintenance accounts, the Procurement accounts,
19 and the Research, Development, Test and Evaluation ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and
23 Reserve components, and for each appropriations account:
24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class,
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1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but
3 not limited to, troop strength for each Active and Reserve
4 component, and estimates of the major weapons systems
5 deployed in support of each contingency: Provided further,
6 That these documents shall include budget exhibits OP–
7 5 and OP–32 (as defined in the Department of Defense
8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal
10 years.
11
SEC. 8076. None of the funds in this Act may be
12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a
14 missile defense system.
15
SEC. 8077. In addition to the amounts appropriated
16 or otherwise made available elsewhere in this Act,
17 $44,000,000 is hereby appropriated to the Department of
18 Defense: Provided, That upon the determination of the
19 Secretary of Defense that it shall serve the national inter20 est, the Secretary shall make grants in the amounts speci21 fied as follows: $20,000,000 to the United Service Organi22 zations and $24,000,000 to the Red Cross.
23
SEC. 8078. None of the funds appropriated or made
24 available in this Act shall be used to reduce or disestablish
25 the operation of the 53rd Weather Reconnaissance Squad-
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1 ron of the Air Force Reserve, if such action would reduce
2 the WC–130 Weather Reconnaissance mission below the
3 levels funded in this Act: Provided, That the Air Force
4 shall allow the 53rd Weather Reconnaissance Squadron to
5 perform other missions in support of national defense re6 quirements during the non-hurricane season.
7
SEC. 8079. None of the funds provided in this Act
8 shall be available for integration of foreign intelligence in9 formation unless the information has been lawfully col10 lected and processed during the conduct of authorized for11 eign intelligence activities: Provided, That information
12 pertaining to United States persons shall only be handled
13 in accordance with protections provided in the Fourth
14 Amendment of the United States Constitution as imple15 mented through Executive Order No. 12333.
16
SEC. 8080. (a) At the time members of reserve com-
17 ponents of the Armed Forces are called or ordered to ac18 tive duty under section 12302(a) of title 10, United States
19 Code, each member shall be notified in writing of the ex20 pected period during which the member will be mobilized.
21
(b) The Secretary of Defense may waive the require-
22 ments of subsection (a) in any case in which the Secretary
23 determines that it is necessary to do so to respond to a
24 national security emergency or to meet dire operational
25 requirements of the Armed Forces.
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1
(INCLUDING TRANSFER OF FUNDS)
2
SEC. 8081. The Secretary of Defense may transfer
3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes
6 resulting from inflation, market fluctuations, or rate ad7 justments for any ship construction program appropriated
8 in law: Provided, That the Secretary may transfer not to
9 exceed $100,000,000 under the authority provided by this
10 section: Provided further, That the Secretary may not
11 transfer any funds until 30 days after the proposed trans12 fer has been reported to the Committees on Appropria13 tions of the House of Representatives and the Senate, un14 less a response from the Committees is received sooner:
15 Provided further, That any funds transferred pursuant to
16 this section shall retain the same period of availability as
17 when originally appropriated: Provided further, That the
18 transfer authority provided by this section is in addition
19 to any other transfer authority contained elsewhere in this
20 Act.
21
SEC. 8082. For purposes of section 7108 of title 41,
22 United States Code, any subdivision of appropriations
23 made under the heading ‘‘Shipbuilding and Conversion,
24 Navy’’ that is not closed at the time reimbursement is
25 made shall be available to reimburse the Judgment Fund
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298
1 and shall be considered for the same purposes as any sub2 division under the heading ‘‘Shipbuilding and Conversion,
3 Navy’’ appropriations in the current fiscal year or any
4 prior fiscal year.
5
SEC. 8083. (a) None of the funds appropriated by
6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to
8 current tactical unmanned aerial vehicles (TUAVs) from
9 the Army.
10
(b) The Army shall retain responsibility for and oper-
11 ational control of the MQ–1C Gray Eagle Unmanned Aer12 ial Vehicle (UAV) in order to support the Secretary of De13 fense in matters relating to the employment of unmanned
14 aerial vehicles.
15
SEC. 8084. Up to $15,000,000 of the funds appro-
16 priated under the heading ‘‘Operation and Maintenance,
17 Navy’’ may be made available for the Asia Pacific Re18 gional Initiative Program for the purpose of enabling the
19 Pacific Command to execute Theater Security Cooperation
20 activities such as humanitarian assistance, and payment
21 of incremental and personnel costs of training and exer22 cising with foreign security forces: Provided, That funds
23 made available for this purpose may be used, notwith24 standing any other funding authorities for humanitarian
25 assistance, security assistance or combined exercise ex-
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299
1 penses: Provided further, That funds may not be obligated
2 to provide assistance to any foreign country that is other3 wise prohibited from receiving such type of assistance
4 under any other provision of law.
5
SEC. 8085. None of the funds appropriated by this
6 Act for programs of the Office of the Director of National
7 Intelligence shall remain available for obligation beyond
8 the current fiscal year, except for funds appropriated for
9 research and technology, which shall remain available until
10 September 30, 2015.
11
SEC. 8086. For purposes of section 1553(b) of title
12 31, United States Code, any subdivision of appropriations
13 made in this Act under the heading ‘‘Shipbuilding and
14 Conversion, Navy’’ shall be considered to be for the same
15 purpose as any subdivision under the heading ‘‘Ship16 building and Conversion, Navy’’ appropriations in any
17 prior fiscal year, and the 1 percent limitation shall apply
18 to the total amount of the appropriation.
19
SEC. 8087. (a) Not later than 60 days after the date
20 of enactment of this Act, the Director of National Intel21 ligence shall submit a report to the congressional intel22 ligence committees to establish the baseline for application
23 of reprogramming and transfer authorities for fiscal year
24 2014: Provided, That the report shall include—
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1
(1) a table for each appropriation with a sepa-
2
rate column to display the President’s budget re-
3
quest, adjustments made by Congress, adjustments
4
due to enacted rescissions, if appropriate, and the
5
fiscal year enacted level;
6
(2) a delineation in the table for each appro-
7
priation by Expenditure Center and project; and
8
(3) an identification of items of special congres-
9
sional interest.
10
(b) None of the funds provided for the National Intel-
11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence
14 committees, unless the Director of National Intelligence
15 certifies in writing to the congressional intelligence com16 mittees that such reprogramming or transfer is necessary
17 as an emergency requirement.
18
(INCLUDING TRANSFER OF FUNDS)
19
SEC. 8088. Of the funds appropriated in the Intel-
20 ligence Community Management Account for the Program
21 Manager for the Information Sharing Environment,
22 $20,000,000 is available for transfer by the Director of
23 National Intelligence to other departments and agencies
24 for purposes of Government-wide information sharing ac25 tivities: Provided, That funds transferred under this provi-
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301
1 sion are to be merged with and available for the same pur2 poses and time period as the appropriation to which trans3 ferred: Provided further, That the Office of Management
4 and Budget must approve any transfers made under this
5 provision.
6
SEC. 8089. (a) None of the funds provided for the
7 National Intelligence Program in this or any prior appro8 priations Act shall be available for obligation or expendi9 ture through a reprogramming or transfer of funds in ac10 cordance with section 102A(d) of the National Security
11 Act of 1947 (50 U.S.C. 3024(d)) that—
12
(1) creates a new start effort;
13
(2) terminates a program with appropriated
14
funding of $10,000,000 or more;
15
(3) transfers funding into or out of the Na-
16
tional Intelligence Program; or
17
(4) transfers funding between appropriations,
18 unless the congressional intelligence committees are noti19 fied 30 days in advance of such reprogramming of funds;
20 this notification period may be reduced for urgent national
21 security requirements.
22
(b) None of the funds provided for the National Intel-
23 ligence Program in this or any prior appropriations Act
24 shall be available for obligation or expenditure through a
25 reprogramming or transfer of funds in accordance with
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1 section 102A(d) or the National Security Act of 1947 (50
2 U.S.C. 3024(d)) that results in a cumulative increase or
3 decrease of the levels specified in the classified annex ac4 companying the Act unless the congressional intelligence
5 committees are notified 30 days in advance of such re6 programming of funds; this notification period may be re7 duced for urgent national security requirements.
8
SEC. 8090. The Director of National Intelligence
9 shall submit to Congress each year, at or about the time
10 that the President’s budget is submitted to Congress that
11 year under section 1105(a) of title 31, United States
12 Code, a future-years intelligence program (including asso13 ciated annexes) reflecting the estimated expenditures and
14 proposed appropriations included in that budget. Any such
15 future-years intelligence program shall cover the fiscal
16 year with respect to which the budget is submitted and
17 at least the four succeeding fiscal years.
18
SEC. 8091. For the purposes of this Act, the term
19 ‘‘congressional intelligence committees’’ means the Perma20 nent Select Committee on Intelligence of the House of
21 Representatives, the Select Committee on Intelligence of
22 the Senate, the Subcommittee on Defense of the Com23 mittee on Appropriations of the House of Representatives,
24 and the Subcommittee on Defense of the Committee on
25 Appropriations of the Senate.
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1
SEC. 8092. The Department of Defense shall con-
2 tinue to report incremental contingency operations costs
3 for Operation Enduring Freedom on a monthly basis and
4 any other operation designated and identified by the Sec5 retary of Defense for the purposes of section 127a of title
6 10, United States Code, on a semi-annual basis in the
7 Cost of War Execution Report as prescribed in the De8 partment of Defense Financial Management Regulation
9 Department of Defense Instruction 7000.14, Volume 12,
10 Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated
11 September 2005.
12
(INCLUDING TRANSFER OF FUNDS)
13
SEC. 8093. During the current fiscal year, not to ex-
14 ceed $11,000,000 from each of the appropriations made
15 in title II of this Act for ‘‘Operation and Maintenance,
16 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper17 ation and Maintenance, Air Force’’ may be transferred by
18 the military department concerned to its central fund es19 tablished for Fisher Houses and Suites pursuant to sec20 tion 2493(d) of title 10, United States Code.
21
(INCLUDING TRANSFER OF FUNDS)
22
SEC. 8094. Funds appropriated by this Act for oper-
23 ation and maintenance may be available for the purpose
24 of making remittances and transfers to the Defense Acqui-
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304
1 sition Workforce Development Fund in accordance with
2 section 1705 of title 10, United States Code.
3
SEC. 8095. (a) Any agency receiving funds made
4 available in this Act, shall, subject to subsections (b) and
5 (c), post on the public website of that agency any report
6 required to be submitted by the Congress in this or any
7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest.
9
(b) Subsection (a) shall not apply to a report if—
10
(1) the public posting of the report com-
11
promises national security; or
12
(2) the report contains proprietary information.
13
(c) The head of the agency posting such report shall
14 do so only after such report has been made available to
15 the requesting Committee or Committees of Congress for
16 no less than 45 days.
17
SEC. 8096. (a) None of the funds appropriated or
18 otherwise made available by this Act may be expended for
19 any Federal contract for an amount in excess of
20 $1,000,000, unless the contractor agrees not to—
21
(1) enter into any agreement with any of its
22
employees or independent contractors that requires,
23
as a condition of employment, that the employee or
24
independent contractor agree to resolve through ar-
25
bitration any claim under title VII of the Civil
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1
Rights Act of 1964 or any tort related to or arising
2
out of sexual assault or harassment, including as-
3
sault and battery, intentional infliction of emotional
4
distress, false imprisonment, or negligent hiring, su-
5
pervision, or retention; or
6
(2) take any action to enforce any provision of
7
an existing agreement with an employee or inde-
8
pendent contractor that mandates that the employee
9
or independent contractor resolve through arbitra-
10
tion any claim under title VII of the Civil Rights Act
11
of 1964 or any tort related to or arising out of sex-
12
ual assault or harassment, including assault and
13
battery, intentional infliction of emotional distress,
14
false imprisonment, or negligent hiring, supervision,
15
or retention.
16
(b) None of the funds appropriated or otherwise
17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires
19 each covered subcontractor to agree not to enter into, and
20 not to take any action to enforce any provision of, any
21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent
23 contractor performing work related to such subcontract.
24 For purposes of this subsection, a ‘‘covered subcon-
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306
1 tractor’’ is an entity that has a subcontract in excess of
2 $1,000,000 on a contract subject to subsection (a).
3
(c) The prohibitions in this section do not apply with
4 respect to a contractor’s or subcontractor’s agreements
5 with employees or independent contractors that may not
6 be enforced in a court of the United States.
7
(d) The Secretary of Defense may waive the applica-
8 tion of subsection (a) or (b) to a particular contractor or
9 subcontractor for the purposes of a particular contract or
10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid
12 harm to national security interests of the United States,
13 and that the term of the contract or subcontract is not
14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the
16 waiver and for the contract or subcontract term selected,
17 and shall state any alternatives considered in lieu of a
18 waiver and the reasons each such alternative would not
19 avoid harm to national security interests of the United
20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination
22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded.
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1
SEC. 8097. None of the funds made available under
2 this Act may be distributed to the Association of Commu3 nity Organizations for Reform Now (ACORN) or its sub4 sidiaries.
5
(INCLUDING TRANSFER OF FUNDS)
6
SEC. 8098. From within the funds appropriated for
7 operation and maintenance for the Defense Health Pro8 gram in this Act, up to $143,087,000, shall be available
9 for transfer to the Joint Department of Defense-Depart10 ment of Veterans Affairs Medical Facility Demonstration
11 Fund in accordance with the provisions of section 1704
12 of the National Defense Authorization Act for Fiscal Year
13 2010, Public Law 111–84: Provided, That for purposes
14 of section 1704(b), the facility operations funded are oper15 ations of the integrated Captain James A. Lovell Federal
16 Health Care Center, consisting of the North Chicago Vet17 erans Affairs Medical Center, the Navy Ambulatory Care
18 Center, and supporting facilities designated as a combined
19 Federal medical facility as described by section 706 of
20 Public Law 110–417: Provided further, That additional
21 funds may be transferred from funds appropriated for op22 eration and maintenance for the Defense Health Program
23 to the Joint Department of Defense-Department of Vet24 erans Affairs Medical Facility Demonstration Fund upon
25 written notification by the Secretary of Defense to the
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308
1 Committees on Appropriations of the House of Represent2 atives and the Senate.
3
SEC. 8099. The Office of the Director of National
4 Intelligence shall not employ more Senior Executive em5 ployees than are specified in the classified annex.
6
SEC. 8100. None of the funds appropriated or other-
7 wise made available by this Act may be obligated or ex8 pended to pay a retired general or flag officer to serve
9 as a senior mentor advising the Department of Defense
10 unless such retired officer files a Standard Form 278 (or
11 successor form concerning public financial disclosure
12 under part 2634 of title 5, Code of Federal Regulations)
13 to the Office of Government Ethics.
14
SEC. 8101. Appropriations available to the Depart-
15 ment of Defense may be used for the purchase of heavy
16 and light armored vehicles for the physical security of per17 sonnel or for force protection purposes up to a limit of
18 $250,000 per vehicle, notwithstanding price or other limi19 tations applicable to the purchase of passenger carrying
20 vehicles.
21
SEC. 8102. Of the amounts appropriated for ‘‘Oper-
22 ation and Maintenance, Defense-Wide’’ the following
23 amounts shall be available to the Secretary of Defense,
24 for the following authorized purposes, notwithstanding
25 any other provision of law, acting through the Office of
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1 Economic Adjustment of the Department of Defense, to
2 make grants, conclude cooperative agreements, and sup3 plement other Federal funds, to remain available until ex4 pended, to support critical existing and enduring military
5 installations and missions on Guam, as well as any poten6 tial Department of Defense growth: (1) $106,400,000 for
7 addressing the need for civilian water and wastewater im8 provements, and (2) $13,000,000 for construction of a re9 gional public health laboratory: Provided, That the Sec10 retary of Defense shall, not fewer than 15 days prior to
11 obligating funds for either of the forgoing purposes, notify
12 the congressional defense committees in writing of the de13 tails of any such obligation.
14
SEC. 8103. None of the funds made available by this
15 Act may be used by the Secretary of Defense to take bene16 ficial occupancy of more than 3,000 parking spaces (other
17 than handicap-reserved spaces) to be provided by the
18 BRAC 133 project: Provided, That this limitation may be
19 waived in part if: (1) the Secretary of Defense certifies
20 to Congress that levels of service at existing intersections
21 in the vicinity of the project have not experienced failing
22 levels of service as defined by the Transportation Research
23 Board Highway Capacity Manual over a consecutive 9024 day period; (2) the Department of Defense and the Vir25 ginia Department of Transportation agree on the number
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310
1 of additional parking spaces that may be made available
2 to employees of the facility subject to continued 90-day
3 traffic monitoring; and (3) the Secretary of Defense noti4 fies the congressional defense committees in writing at
5 least 14 days prior to exercising this waiver of the number
6 of additional parking spaces to be made available.
7
SEC. 8104. The Secretary of Defense shall report
8 quarterly the numbers of civilian personnel end strength
9 by appropriation account for each and every appropriation
10 account used to finance Federal civilian personnel salaries
11 to the congressional defense committees within 15 days
12 after the end of each fiscal quarter.
13
SEC. 8105. (a) None of the funds appropriated in this
14 or any other Act may be used to take any action to mod15 ify—
16
(1) the appropriations account structure for the
17
National Intelligence Program budget, including
18
through the creation of a new appropriation or new
19
appropriations account;
20
(2) how the National Intelligence Program
21
budget request is presented, organized, and managed
22
within the Department of Defense budget;
23
(3) how the National Intelligence Program ap-
24
propriations are apportioned to the executing agen-
25
cies; or
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1
(4) how the National Intelligence Program ap-
2
propriations are allotted, obligated and disbursed.
3
(b) The Director of National Intelligence and the Sec-
4 retary of Defense may jointly, only for the purposes of
5 achieving auditable financial statements and improving
6 fiscal reporting, study and develop detailed proposals for
7 alternative financial management processes. Such study
8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes
10 will adversely affect counterintelligence.
11
(c) Upon development of the detailed proposals de-
12 fined under subsection (b), the Director of National Intel13 ligence and the Secretary of Defense shall—
14
(1) provide the proposed alternatives to all af-
15
fected agencies;
16
(2) receive certification from all affected agen-
17
cies attesting that the proposed alternatives will help
18
achieve auditability, improve fiscal reporting, and
19
will not adversely affect counterintelligence; and
20
(3) not later than 30 days after receiving all
21
necessary certifications under paragraph (2), present
22
the proposed alternatives and certifications to the
23
congressional defense and intelligence committees.
24
(d) This section shall not be construed to alter or af-
25 fect the application of section 924 of the National Defense
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1 Authorization Act for Fiscal Year 2014 to the amounts
2 made available by this Act.
3
(INCLUDING TRANSFER OF FUNDS)
4
SEC. 8106. Upon a determination by the Director of
5 National Intelligence that such action is necessary and in
6 the national interest, the Director may, with the approval
7 of the Office of Management and Budget, transfer not to
8 exceed $2,000,000,000 of the funds made available in this
9 Act for the National Intelligence Program: Provided, That
10 such authority to transfer may not be used unless for
11 higher priority items, based on unforeseen intelligence re12 quirements, than those for which originally appropriated
13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further,
15 That a request for multiple reprogrammings of funds
16 using authority provided in this section shall be made
17 prior to June 30, 2014.
18
(INCLUDING TRANSFER OF FUNDS)
19
(INCLUDING RESCISSION OF FUNDS)
20
SEC. 8107. (a) Of the funds previously appropriated
21 for the ‘‘Ship Modernization, Operations and Sustainment
22 Fund’’, $1,920,000,000 is hereby rescinded;
23
(b) There is appropriated $2,244,400,000 for the
24 ‘‘Ship
Modernization,
Operations
and
Sustainment
25 Fund’’, to remain available until September 30, 2021:
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313
1 Provided, That the Secretary of the Navy shall transfer
2 funds from the ‘‘Ship Modernization, Operations and
3 Sustainment Fund’’ to appropriations for military per4 sonnel; operation and maintenance; research, development,
5 test and evaluation; and procurement, only for the pur6 poses of manning, operating, sustaining, equipping and
7 modernizing the Ticonderoga-class guided missile cruisers
8 CG–63, CG–64, CG–65, CG–66, CG–68, CG–69, CG–73,
9 and the Whidbey Island-class dock landing ships LSD–
10 41 and LSD–46: Provided further, That funds transferred
11 shall be merged with and be available for the same pur12 poses and for the same time period as the appropriation
13 to which they are transferred: Provided further, That the
14 transfer authority provided herein shall be in addition to
15 any other transfer authority available to the Department
16 of Defense: Provided further, That the Secretary of the
17 Navy shall, not less than 30 days prior to making any
18 transfer from the ‘‘Ship Modernization, Operations and
19 Sustainment Fund’’, notify the congressional defense com20 mittees in writing of the details of such transfer: Provided
21 further, That the Secretary of the Navy shall transfer and
22 obligate funds from the ‘‘Ship Modernization, Operations
23 and Sustainment Fund’’ for modernization of not less
24 than one Ticonderoga-class guided missile cruiser as de25 tailed above in fiscal year 2014: Provided further, That
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314
1 the prohibition in section 2244a(a) of title 10, United
2 States Code, shall not apply to the use of any funds trans3 ferred pursuant to this subsection.
4
SEC. 8108. The Under Secretary of Defense for Per-
5 sonnel and Readiness shall conduct a study to be known
6 as the ‘‘Review of Superintendents of Military Service
7 Academies’’: Provided, That the study shall use the vast
8 resources in Professional Military Education and Training
9 to provide an objective and comprehensive evaluation of
10 the role of a modern superintendent of a military service
11 academy, including the criteria to be used in selecting and
12 evaluating the performance of a superintendent of a mili13 tary service academy: Provided further, That not later
14 than 180 days after the date of the enactment of this Act,
15 the review board shall submit to the Secretary of Defense
16 and to the congressional defense committees a report on
17 the findings of the review under this section: Provided fur18 ther, That in addition to amounts appropriated or other19 wise made available by this Act, $1,000,000 shall be avail20 able for the review.
21
SEC. 8109. Notwithstanding any other provision of
22 this Act, to reflect savings due to favorable foreign ex23 change rates, the total amount appropriated in this Act
24 is hereby reduced by $380,000,000.
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315
1
SEC. 8110. None of the funds appropriated or other-
2 wise made available in this or any other Act may be used
3 to transfer, release, or assist in the transfer or release to
4 or within the United States, its territories, or possessions
5 Khalid Sheikh Mohammed or any other detainee who—
6
(1) is not a United States citizen or a member
7
of the Armed Forces of the United States; and
8
(2) is or was held on or after June 24, 2009,
9
at the United States Naval Station, Guantánamo
10
Bay, Cuba, by the Department of Defense.
11
SEC. 8111. None of the funds appropriated or other-
12 wise made available in this Act may be used to transfer
13 any individual detained at United States Naval Station
14 Guantánamo Bay, Cuba to the custody or control of the
15 individual’s country of origin, any other foreign country,
16 or any other foreign entity except in accordance with sec17 tion 1035 of the National Defense Authorization Act for
18 Fiscal Year 2014.
19
SEC. 8112. (a) None of the funds appropriated or
20 otherwise made available in this or any other Act may be
21 used to construct, acquire, or modify any facility in the
22 United States, its territories, or possessions to house any
23 individual described in subsection (c) for the purposes of
24 detention or imprisonment in the custody or under the ef25 fective control of the Department of Defense.
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316
1
(b) The prohibition in subsection (a) shall not apply
2 to any modification of facilities at United States Naval
3 Station, Guantánamo Bay, Cuba.
4
(c) An individual described in this subsection is any
5 individual who, as of June 24, 2009, is located at United
6 States Naval Station, Guantánamo Bay, Cuba, and who—
7
(1) is not a citizen of the United States or a
8
member of the Armed Forces of the United States;
9
and
10
(2) is—
11
(A) in the custody or under the effective
12
control of the Department of Defense; or
13
(B) otherwise under detention at United
14
States Naval Station, Guantánamo Bay, Cuba.
15
SEC. 8113. None of the funds made available by this
16 Act may be used to enter into a contract, memorandum
17 of understanding, or cooperative agreement with, make a
18 grant to, or provide a loan or loan guarantee to, any cor19 poration that any unpaid Federal tax liability that has
20 been assessed, for which all judicial and administrative
21 remedies have been exhausted or have lapsed, and that
22 is not being paid in a timely manner pursuant to an agree23 ment with the authority responsible for collecting the tax
24 liability, where the awarding agency is aware of the unpaid
25 tax liability, unless the agency has considered suspension
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317
1 or debarment of the corporation and made a determination
2 that this further action is not necessary to protect the in3 terests of the Government.
4
SEC. 8114. None of the funds made available by this
5 Act may be used to enter into a contract, memorandum
6 of understanding, or cooperative agreement with, make a
7 grant to, or provide a loan or loan guarantee to, any cor8 poration that was convicted of a felony criminal violation
9 under any Federal law within the preceding 24 months,
10 where the awarding agency is aware of the conviction, un11 less the agency has considered suspension or debarment
12 of the corporation and made a determination that this fur13 ther action is not necessary to protect the interests of the
14 Government.
15
SEC. 8115. None of the funds made available by this
16 Act may be used in contravention of section 1590 or 1591
17 of title 18, United States Code, or in contravention of the
18 requirements of section 106(g) or (h) of the Trafficking
19 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or
20 (h)).
21
SEC. 8116. None of the funds made available by this
22 Act for excess defense articles, assistance under section
23 1206 of the National Defense Authorization Act for Fiscal
24 Year 2006 (Public Law 109–163; 119 Stat. 3456), or
25 peacekeeping operations for the countries designated in
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318
1 2013 to be in violation of the standards of the Child Sol2 diers Prevention Act of 2008 may be used to support any
3 military training or operation that includes child soldiers,
4 as defined by the Child Soldiers Prevention Act of 2008
5 (Public Law 110–457; 22 U.S.C. 2370c–1), unless such
6 assistance is otherwise permitted under section 404 of the
7 Child Soldiers Prevention Act of 2008.
8
SEC. 8117. None of the funds made available by this
9 Act may be used in contravention of the War Powers Res10 olution (50 U.S.C. 1541 et seq.).
11
SEC. 8118. The Secretary of the Air Force shall obli-
12 gate and expend funds previously appropriated for the
13 procurement of RQ–4B Global Hawk aircraft for the pur14 poses for which such funds were originally appropriated:
15 Provided, That none of the funds made available by this
16 Act may be used to retire, divest, realign or transfer RQ–
17 4B Global Hawk aircraft, or to disestablish or convert
18 units associated with such aircraft.
19
SEC. 8119. None of the funds made available by this
20 Act may be used by the Department of Defense or any
21 other Federal agency to lease or purchase new light duty
22 vehicles, for any executive fleet, or for an agency’s fleet
23 inventory, except in accordance with Presidential Memo24 randum-Federal Fleet Performance, dated May 24, 2011.
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319
1
SEC. 8120. None of the funds made available by this
2 Act may be used to enter into a contract with any person
3 or other entity listed in the Excluded Parties List System
4 (EPLS)/System for Award Management (SAM) as having
5 been convicted of fraud against the Federal Government.
6
SEC. 8121. (a) None of the funds made available in
7 this Act for the Department of Defense may be used to
8 enter into a contract, memorandum of understanding, or
9 cooperative agreement with, to make a grant to, or to pro10 vide a loan or loan guarantee to Rosoboronexport.
11
(b) The Secretary of Defense may waive the limita-
12 tion in subsection (a) if the Secretary certifies in writing
13 that the waiver is in the national security interest of the
14 United States.
15
(c) REQUIREMENTS RELATING TO OBLIGA-
16 TION OF FUNDS PURSUANT TO WAIVER.—
17
(1) Not later than 30 days before obligating
18
funds pursuant to the waiver under subsection (b),
19
the Secretary of Defense shall submit to the con-
20
gressional defense committees a notice on the obliga-
21
tion of funds pursuant to the waiver.
22
(2) Not later than 15 days after the submittal
23
of the notice under paragraph (1), the Secretary of
24
Defense shall submit to the congressional defense
25
committees a report setting forth the following:
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320
1
(A) An assessment of the number, if any,
2
of S–300 advanced anti-aircraft missiles that
3
Rosoboronexport has delivered to the Assad re-
4
gime in Syria.
5
(B) A list of known contracts, if any, that
6
Rosoboronexport has signed with the Assad re-
7
gime since January 1, 2013.
8
(C) An explanation why it is in the na-
9
tional security interest of the United States to
10
enter into a contract, memorandum of under-
11
standing, or cooperative agreement with, to
12
make a grant to, or to provide a loan or loan
13
guarantee to Rosoboronexport.
14
(D) An explanation why comparable equip-
15
ment cannot be purchased from another source.
16
SEC. 8122. Section 8159(c) of the Department of De-
17 fense Appropriations Act, 2002 (division A of Public Law
18 107–117, 10 U.S.C. 2401a note) is amended by striking
19 paragraph (7).
20
SEC. 8123. None of the funds made available in this
21 Act may be used for the purchase or manufacture of a
22 flag of the United States unless such flags are treated as
23 covered items under section 2533a(b) of title 10, United
24 States Code.
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321
1
(INCLUDING TRANSFER OF FUNDS)
2
SEC. 8124. In addition to amounts appropriated or
3 otherwise
made
available
elsewhere
in
this
Act,
4 $25,000,000 is hereby appropriated to the Department of
5 Defense and made available for transfer to the Army, Air
6 Force, Navy, and Marine Corps, for purposes of imple7 mentation of a Sexual Assault Special Victims Program:
8 Provided, That funds transferred under this provision are
9 to be merged with and available for the same purposes
10 and time period as the appropriation to which transferred:
11 Provided further, That the transfer authority provided
12 under this heading is in addition to any other transfer au13 thority provided elsewhere in this Act.
14
SEC. 8125. None of the funds made available by this
15 Act may be used in contravention of the amendments
16 made to the Uniform Code of Military Justice of title XVII
17 of the National Defense Authorization Act for Fiscal Year
18 2014 regarding the discharge or dismissal of a member
19 of the Armed Forces convicted of certain sex-related of20 fenses, the required trial of such offenses by general
21 courts-martial, and the limitations imposed on convening
22 authority discretion regarding court-martial findings and
23 sentences.
24
SEC. 8126. None of the funds appropriated in this,
25 or any other Act, may be obligated or expended by the
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322
1 United States Government for the direct personal benefit
2 of the President of Afghanistan.
3
SEC. 8127. (a) Of the funds appropriated in this Act
4 for the Department of Defense, amounts may be made
5 available, under such regulations as the Secretary may
6 prescribe, to local military commanders appointed by the
7 Secretary of Defense, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex
9 gratia payments in amounts consistent with subsection (d)
10 of this section for damage, personal injury, or death that
11 is incident to combat operations of the Armed Forces in
12 a foreign country.
13
(b) An ex gratia payment under this section may be
14 provided only if—
15
(1) the prospective foreign civilian recipient is
16
determined by the local military commander to be
17
friendly to the United States;
18
(2) a claim for damages would not be compen-
19
sable under chapter 163 of title 10, United States
20
Code (commonly known as the ‘‘Foreign Claims
21
Act’’); and
22
(3) the property damage, personal injury, or
23
death was not caused by action by an enemy.
24
(c) NATURE OF PAYMENTS.—Any payments provided
25 under a program under subsection (a) shall not be consid-
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323
1 ered an admission or acknowledgement of any legal obliga2 tion to compensate for any damage, personal injury, or
3 death.
4
(d) AMOUNT
OF
PAYMENTS.—If the Secretary of De-
5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to
8 have suffered harm incident to combat operations of the
9 Armed Forces under the program should be determined
10 pursuant to regulations prescribed by the Secretary and
11 based on an assessment, which should include such factors
12 as cultural appropriateness and prevailing economic condi13 tions.
14
(e) LEGAL ADVICE.—Local military commanders
15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on
18 whether an ex gratia payment is proper under this section
19 and applicable Department of Defense regulations.
20
(f) WRITTEN RECORD.—A written record of any ex
21 gratia payment offered or denied shall be kept by the local
22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined
24 by the Secretary of Defense.
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324
1
(g) REPORT.—The Secretary of Defense shall report
2 to the congressional defense committees on an annual
3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts
5 offered, the response from ex gratia payment recipients,
6 and any recommended modifications to the program.
7
(h) LIMITATION.—Nothing in this section shall be
8 deemed to provide any new authority to the Secretary of
9 Defense.
10
SEC. 8128. None of the funds available to the De-
11 partment of Defense shall be used to conduct any environ12 mental impact analysis related to Minuteman III silos that
13 contain a missile as of the date of the enactment of this
14 Act.
15
SEC. 8129. The amounts appropriated in title I and
16 II of this Act are hereby reduced by $8,000,000: Provided,
17 That the reduction shall be applied to funding for general
18 and flag officers within the military personnel and oper19 ation and maintenance appropriations: Provided further,
20 That the Secretary of Defense shall notify the congres21 sional defense committees of the reduction by appropria22 tion and budget line item not later than 90 days after the
23 enactment of this Act: Provided further, That none of the
24 funds made available by this Act may be used for flag
25 or general officers for each military department that are
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325
1 in excess to the number of such officers serving in such
2 military department as of the date of enactment of this
3 Act.
4
SEC. 8130. None of the funds made available in this
5 Act shall be used to transition elements of the 18th Ag6 gressor Squadron out of Eielson Air Force Base.
7
SEC. 8131. None of the funds made available by this
8 Act may be used to cancel the avionics modernization pro9 gram of record for C–130 aircraft.
10
SEC. 8132. None of the funds made available by this
11 Act may be used by the Department of Defense to grant
12 an enlistment waiver for an offense within offense code
13 433 (rape, sexual abuse, sexual assault, criminal sexual
14 abuse, incest, or other sex crimes), as specified in Table
15 1 of the memorandum from the Under Secretary of De16 fense with the subject line ‘‘Directive-Type Memorandum
17 (DTM) 08-018—‘Enlistment Waivers’ ’’, dated June 27,
18 2008 (incorporating Change 3, March 20, 2013).
19
SEC. 8133. None of the funds made available by this
20 Act may be used by the Secretary of the Air Force to re21 duce the force structure at Lajes Field, Azores, Portugal,
22 below the total number of military and civilian personnel
23 assigned to Lajes Field on October 1, 2012, until the Sec24 retary of Defense submits the certification to the congres-
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326
1 sional defense committees required by section 341 of the
2 National Defense Authorization Act for Fiscal Year 2014.
3
SEC. 8134. None of the Operation and Maintenance
4 funds made available in this Act may be used in con5 travention of section 41106 of title 49, United States
6 Code.
7
SEC. 8135. None of the funds made available by this
8 Act may be used to fund the performance of a flight dem9 onstration team at a location outside of the United States:
10 Provided, That this prohibition applies only if a perform11 ance of a flight demonstration team at a location within
12 the United States was canceled during the current fiscal
13 year due to insufficient funding.
14
SEC. 8136. None of the funds made available by this
15 Act may be used to carry out reductions to the nuclear
16 forces of the United States to implement the New START
17 Treaty (as defined in section 495(e) of title 10, United
18 States Code), or to carry out activities to prepare for such
19 reductions except as authorized by section 1056 of the Na20 tional Defense Authorization Act for Fiscal Year 2014.
21
SEC. 8137. None of the funds made available by this
22 Act may be used to implement an enrollment fee for the
23 TRICARE for Life program under chapter 55 of title 10,
24 United States Code.
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327
1
SEC. 8138. None of the funds appropriated or other-
2 wise made available by this Act or any other Act may be
3 used by the Department of Defense or a component there4 of in contravention of section 1246(c) of the National De5 fense Authorization Act for Fiscal Year 2014, relating to
6 limitations on providing certain missile defense informa7 tion to the Russian Federation.
8
SEC. 8139. None of the funds made available by this
9 Act may be used by the National Security Agency to—
10
(1) conduct an acquisition pursuant to section
11
702 of the Foreign Intelligence Surveillance Act of
12
1978 for the purpose of targeting a United States
13
person; or
14
(2) acquire, monitor, or store the contents (as
15
such term is defined in section 2510(8) of title 18,
16
United States Code) of any electronic communica-
17
tion of a United States person from a provider of
18
electronic communication services to the public pur-
19
suant to section 501 of the Foreign Intelligence Sur-
20
veillance Act of 1978.
21
SEC. 8140. The amounts appropriated in title II of
22 this Act are hereby reduced by $866,500,000 to reflect
23 excess cash balances in Department of Defense Working
24 Capital Funds, as follows:
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1
(1) From ‘‘Operation and Maintenance, Navy’’,
2
$442,000,000;
3
(2) From ‘‘Operation and Maintenance, Air
4
Force’’, $77,000,000; and
5
(3) From ‘‘Operation and Maintenance, De-
6
fense-Wide’’, $347,500,000.
7
SEC. 8141. Of the amounts appropriated for ‘‘Work-
8 ing Capital Fund, Army’’, $150,000,000 shall be available
9 for the Industrial Mobilization Capacity account: Pro10 vided, That the Secretary of the Army shall—
11
(1) Assign the arsenals sufficient workload to
12
maintain the critical capabilities identified in the
13
Army Organic Industrial Base Strategy Report;
14
(2) Ensure cost efficiency and technical com-
15
petence in peacetime, while preserving the ability to
16
provide an effective and timely response to mobiliza-
17
tions, national defense contingency situations, and
18
other emergent requirements;
19
(3) Release the Army Organic Industrial Base
20
Strategy Report not later than 30 days after the en-
21
actment of this Act; and
22
(4) Brief the congressional defense committees
23
not later than 90 days after the enactment of this
24
Act to ensure sufficient workload for the efficient
25
operation of the arsenals.
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1
TITLE IX
2
OVERSEAS CONTINGENCY OPERATIONS
3
MILITARY PERSONNEL
4
MILITARY PERSONNEL, ARMY
5
For an additional amount for ‘‘Military Personnel,
6 Army’’, $5,449,726,000: Provided, That such amount is
7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11
MILITARY PERSONNEL, NAVY
12
For an additional amount for ‘‘Military Personnel,
13 Navy’’, $558,344,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section
16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.
18
MILITARY PERSONNEL, MARINE CORPS
19
For an additional amount for ‘‘Military Personnel,
20 Marine Corps’’, $777,922,000: Provided, That such
21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to
23 section 251(b)(2)(A)(ii) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
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1
MILITARY PERSONNEL, AIR FORCE
2
For an additional amount for ‘‘Military Personnel,
3 Air Force’’, $832,862,000: Provided, That such amount
4 is designated by the Congress for Overseas Contingency
5 Operations/Global War on Terrorism pursuant to section
6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8
RESERVE PERSONNEL, ARMY
9
For an additional amount for ‘‘Reserve Personnel,
10 Army’’, $33,352,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section
13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15
RESERVE PERSONNEL, NAVY
16
For an additional amount for ‘‘Reserve Personnel,
17 Navy’’, $20,238,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section
20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22
RESERVE PERSONNEL, MARINE CORPS
23
For an additional amount for ‘‘Reserve Personnel,
24 Marine Corps’’, $15,134,000: Provided, That such amount
25 is designated by the Congress for Overseas Contingency
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331
1 Operations/Global War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4
RESERVE PERSONNEL, AIR FORCE
5
For an additional amount for ‘‘Reserve Personnel,
6 Air Force’’, $20,432,000: Provided, That such amount is
7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11
NATIONAL GUARD PERSONNEL, ARMY
12
For an additional amount for ‘‘National Guard Per-
13 sonnel, Army’’, $257,064,000: Provided, That such
14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to
16 section 251(b)(2)(A)(ii) of the Balanced Budget and
17 Emergency Deficit Control Act of 1985.
18
NATIONAL GUARD PERSONNEL, AIR FORCE
19
For an additional amount for ‘‘National Guard Per-
20 sonnel, Air Force’’, $6,919,000: Provided, That such
21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to
23 section 251(b)(2)(A)(ii) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
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332
1
OPERATION AND MAINTENANCE
2
OPERATION
3
AND
MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
4 tenance, Army’’, $32,369,249,000: Provided, That such
5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to
7 section 251(b)(2)(A)(ii) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9
OPERATION
10
AND
MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
11 tenance, Navy’’, $8,470,808,000: Provided, That such
12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to
14 section 251(b)(2)(A)(ii) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16
OPERATION
17
For an additional amount for ‘‘Operation and Main-
AND
MAINTENANCE, MARINE CORPS
18 tenance, Marine Corps’’, $3,369,815,000: Provided, That
19 such amount is designated by the Congress for Overseas
20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
22 and Emergency Deficit Control Act of 1985.
23
OPERATION
24
AND
MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
25 tenance, Air Force’’, $12,746,424,000: Provided, That
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333
1 such amount is designated by the Congress for Overseas
2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
4 and Emergency Deficit Control Act of 1985.
5
OPERATION
6
AND
MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
7 tenance, Defense-Wide’’, $6,226,678,000: Provided, That
8 of the funds provided under this heading, not to exceed
9 $1,257,000,000, to remain available until September 30,
10 2015, shall be for payments to reimburse key cooperating
11 nations for logistical, military, and other support, includ12 ing access, provided to United States military operations
13 in support of Operation Enduring Freedom: Provided fur14 ther, That these funds may be used to reimburse the gov15 ernment of Jordan, in such amounts as the Secretary of
16 Defense may determine, to maintain the ability of the Jor17 danian armed forces to maintain security along the border
18 between Jordan and Syria, upon 15 day prior written noti19 fication to the congressional defense committees outlining
20 the amounts reimbursed and the nature of the expenses
21 to be reimbursed and that these funds may be used in
22 accordance with section 1205 of S. 1197, an Act author23 izing appropriations for fiscal year 2014 for military ac24 tivities of the Department of Defense, as reported: Pro25 vided further, That such reimbursement payments may be
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334
1 made in such amounts as the Secretary of Defense, with
2 the concurrence of the Secretary of State, and in consulta3 tion with the Director of the Office of Management and
4 Budget, may determine, at the discretion of the Secretary
5 of Defense, based on documentation determined by the
6 Secretary of Defense to adequately account for the sup7 port provided, and such determination is final and conclu8 sive upon the accounting officers of the United States, and
9 15 days following notification to the appropriate congres10 sional committees: Provided further, That the requirement
11 under this heading to provide notification to the appro12 priate congressional committees shall not apply with re13 spect to a reimbursement for access based on an inter14 national agreement: Provided further, That these funds
15 may be used for the purpose of providing specialized train16 ing and procuring supplies and specialized equipment and
17 providing such supplies and loaning such equipment on a
18 non-reimbursable basis to coalition forces supporting
19 United States military operations in Afghanistan, and 15
20 days following notification to the appropriate congres21 sional committees: Provided further, That the Secretary of
22 Defense shall provide quarterly reports to the congres23 sional defense committees on the use of funds provided
24 in this paragraph: Provided further, That such amount is
25 designated by the Congress for Overseas Contingency Op-
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335
1 erations/Global War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4
OPERATION
5
For an additional amount for ‘‘Operation and Main-
AND
MAINTENANCE, ARMY RESERVE
6 tenance, Army Reserve’’, $34,674,000: Provided, That
7 such amount is designated by the Congress for Overseas
8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
10 and Emergency Deficit Control Act of 1985.
11
OPERATION
12
For an additional amount for ‘‘Operation and Main-
AND
MAINTENANCE, NAVY RESERVE
13 tenance, Navy Reserve’’, $55,700,000: Provided, That
14 such amount is designated by the Congress for Overseas
15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
17 and Emergency Deficit Control Act of 1985.
18
OPERATION
AND
19
MAINTENANCE, MARINE CORPS
RESERVE
20
For an additional amount for ‘‘Operation and Main-
21 tenance, Marine Corps Reserve’’, $12,534,000: Provided,
22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism
24 pursuant to section 251(b)(2)(A)(ii) of the Balanced
25 Budget and Emergency Deficit Control Act of 1985.
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336
1
OPERATION
2
AND
MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Main-
3 tenance, Air Force Reserve’’, $32,849,000: Provided, That
4 such amount is designated by the Congress for Overseas
5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8
OPERATION
AND
9
MAINTENANCE, ARMY NATIONAL
GUARD
10
For an additional amount for ‘‘Operation and Main-
11 tenance, Army National Guard’’, $130,471,000: Provided,
12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism
14 pursuant to section 251(b)(2)(A)(ii) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16
OPERATION
17
AND
MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Main-
18 tenance, Air National Guard’’, $22,200,000: Provided,
19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism
21 pursuant to section 251(b)(2)(A)(ii) of the Balanced
22 Budget and Emergency Deficit Control Act of 1985.
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337
1
AFGHANISTAN INFRASTRUCTURE FUND
2
(INCLUDING TRANSFER OF FUNDS)
3
For
the
‘‘Afghanistan
Infrastructure
Fund’’,
4 $199,000,000, to remain available until September 30,
5 2015: Provided, That such funds shall be available to the
6 Secretary of Defense for infrastructure projects in Af7 ghanistan, notwithstanding any other provision of law,
8 which shall be undertaken by the Secretary of State, un9 less the Secretary of State and the Secretary of Defense
10 jointly decide that a specific project will be undertaken
11 by the Department of Defense: Provided further, That the
12 infrastructure referred to in the preceding proviso is in
13 support of the counterinsurgency strategy, which may re14 quire funding for facility and infrastructure projects, in15 cluding, but not limited to, water, power, and transpor16 tation projects and related maintenance and sustainment
17 costs: Provided further, That the authority to undertake
18 such infrastructure projects is in addition to any other au19 thority to provide assistance to foreign nations: Provided
20 further, That any projects funded under this heading shall
21 be jointly formulated and concurred in by the Secretary
22 of State and Secretary of Defense: Provided further, That
23 funds may be transferred to the Department of State for
24 purposes of undertaking projects, which funds shall be
25 considered to be economic assistance under the Foreign
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338
1 Assistance Act of 1961 for purposes of making available
2 the administrative authorities contained in that Act: Pro3 vided further, That the transfer authority in the preceding
4 proviso is in addition to any other authority available to
5 the Department of Defense to transfer funds: Provided
6 further, That any unexpended funds transferred to the
7 Secretary of State under this authority shall be returned
8 to the Afghanistan Infrastructure Fund if the Secretary
9 of State, in coordination with the Secretary of Defense,
10 determines that the project cannot be implemented for any
11 reason, or that the project no longer supports the counter12 insurgency strategy in Afghanistan: Provided further, That
13 any funds returned to the Secretary of Defense under the
14 previous proviso shall be available for use under this ap15 propriation and shall be treated in the same manner as
16 funds not transferred to the Secretary of State: Provided
17 further, That contributions of funds for the purposes pro18 vided herein to the Secretary of State in accordance with
19 section 635(d) of the Foreign Assistance Act from any
20 person, foreign government, or international organization
21 may be credited to this Fund, to remain available until
22 expended, and used for such purposes: Provided further,
23 That the Secretary of Defense shall, not fewer than 15
24 days prior to making transfers to or from, or obligations
25 from the Fund, notify the appropriate committees of Con-
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339
1 gress in writing of the details of any such transfer: Pro2 vided further, That the ‘‘appropriate committees of Con3 gress’’ are the Committees on Armed Services, Foreign
4 Relations and Appropriations of the Senate and the Com5 mittees on Armed Services, Foreign Affairs and Appro6 priations of the House of Representatives: Provided fur7 ther, That such amount is designated by the Congress for
8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985.
11
AFGHANISTAN SECURITY FORCES FUND
12
For the ‘‘Afghanistan Security Forces Fund’’,
13 $4,726,720,000, to remain available until September 30,
14 2015: Provided, That such funds shall be available to the
15 Secretary of Defense, notwithstanding any other provision
16 of law, for the purpose of allowing the Commander, Com17 bined Security Transition Command—Afghanistan, or the
18 Secretary’s designee, to provide assistance, with the con19 currence of the Secretary of State, to the security forces
20 of Afghanistan, including the provision of equipment, sup21 plies, services, training, facility and infrastructure repair,
22 renovation, and construction, and funding: Provided fur23 ther, That the authority to provide assistance under this
24 heading is in addition to any other authority to provide
25 assistance to foreign nations: Provided further, That con-
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340
1 tributions of funds for the purposes provided herein from
2 any person, foreign government, or international organiza3 tion may be credited to this Fund, to remain available
4 until expended, and used for such purposes: Provided fur5 ther, That the Secretary of Defense shall notify the con6 gressional defense committees in writing upon the receipt
7 and upon the obligation of any contribution, delineating
8 the sources and amounts of the funds received and the
9 specific use of such contributions: Provided further, That
10 the Secretary of Defense shall, not fewer than 15 days
11 prior to obligating from this appropriation account, notify
12 the congressional defense committees in writing of the de13 tails of any such obligation: Provided further, That the
14 Secretary of Defense shall notify the congressional defense
15 committees of any proposed new projects or transfer of
16 funds between budget sub-activity groups in excess of
17 $20,000,000: Provided further, That the United States
18 may accept equipment procured using funds provided
19 under this heading in this or prior Acts that was trans20 ferred to the security forces of Afghanistan and returned
21 by such forces to the United States: Provided further, That
22 the equipment described in the previous proviso, as well
23 as equipment not yet transferred to the security forces of
24 Afghanistan when determined by the Commander, Com25 bined Security Transition Command—Afghanistan, or the
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341
1 Secretary’s designee, to no longer be required for transfer
2 to such forces, may be treated as stocks of the Department
3 of Defense upon written notification to the congressional
4 defense committees: Provided further, That of the funds
5 provided under this heading, not less than $25,000,000
6 shall be for recruitment and retention of women in the
7 Afghanistan National Security Forces: Provided further,
8 That such amount is designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism
10 pursuant to section 251(b)(2)(A)(ii) of the Balanced
11 Budget and Emergency Deficit Control Act of 1985.
12
PROCUREMENT
13
AIRCRAFT PROCUREMENT, ARMY
14
For an additional amount for ‘‘Aircraft Procurement,
15 Army’’, $669,000,000, to remain available until Sep16 tember 30, 2016: Provided, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section
19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21
MISSILE PROCUREMENT, ARMY
22
For an additional amount for ‘‘Missile Procurement,
23 Army’’, $128,645,000, to remain available until Sep24 tember 30, 2016: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency Oper-
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342
1 ations/Global War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4
PROCUREMENT
5
OF
AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Am-
6 munition, Army’’, $190,900,000, to remain available until
7 September 30, 2016: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section
10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12
OTHER PROCUREMENT, ARMY
13
For an additional amount for ‘‘Other Procurement,
14 Army’’, $653,902,000, to remain available until Sep15 tember 30, 2016: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section
18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20
AIRCRAFT PROCUREMENT, NAVY
21
For an additional amount for ‘‘Aircraft Procurement,
22 Navy’’, $211,176,000, to remain available until September
23 30, 2016: Provided, That such amount is designated by
24 the Congress for Overseas Contingency Operations/Global
25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
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343
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3
WEAPONS PROCUREMENT, NAVY
4
For an additional amount for ‘‘Weapons Procure-
5 ment, Navy’’, $86,500,000, to remain available until Sep6 tember 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11
PROCUREMENT
OF
12
AMMUNITION, NAVY
AND
MARINE
CORPS
13
For an additional amount for ‘‘Procurement of Am-
14 munition, Navy and Marine Corps’’, $169,362,000, to re15 main available until September 30, 2016: Provided, That
16 such amount is designated by the Congress for Overseas
17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
19 and Emergency Deficit Control Act of 1985.
20
PROCUREMENT, MARINE CORPS
21
For an additional amount for ‘‘Procurement, Marine
22 Corps’’, $125,984,000, to remain available until Sep23 tember 30, 2016: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section
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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3
AIRCRAFT PROCUREMENT, AIR FORCE
4
For an additional amount for ‘‘Aircraft Procurement,
5 Air Force’’, $188,868,000, to remain available until Sep6 tember 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11
MISSILE PROCUREMENT, AIR FORCE
12
For an additional amount for ‘‘Missile Procurement,
13 Air Force’’, $24,200,000, to remain available until Sep14 tember 30, 2016: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section
17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985.
19
PROCUREMENT
20
OF
AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Am-
21 munition, Air Force’’, $137,826,000, to remain available
22 until September 30, 2016: Provided, That such amount
23 is designated by the Congress for Overseas Contingency
24 Operations/Global War on Terrorism pursuant to section
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345
1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3
OTHER PROCUREMENT, AIR FORCE
4
For an additional amount for ‘‘Other Procurement,
5 Air Force’’, $2,517,846,000, to remain available until
6 September 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11
PROCUREMENT, DEFENSE-WIDE
12
For an additional amount for ‘‘Procurement, De-
13 fense-Wide’’, $128,947,000, to remain available until Sep14 tember 30, 2016: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section
17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985.
19
NATIONAL GUARD
20
AND
RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
21 vehicles, ammunition, other weapons and other procure22 ment for the reserve components of the Armed Forces,
23 $1,000,000,000, to remain available for obligation until
24 September 30, 2016: Provided, That the Chiefs of Na25 tional Guard and Reserve components shall, not later than
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346
1 30 days after the enactment of this Act, individually sub2 mit to the congressional defense committees the mod3 ernization priority assessment for their respective Na4 tional Guard or Reserve component: Provided further,
5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism
7 pursuant to section 251(b)(2)(A)(ii) of the Balanced
8 Budget and Emergency Deficit Control Act of 1985.
9
RESEARCH, DEVELOPMENT, TEST AND
10
EVALUATION
11
RESEARCH, DEVELOPMENT, TEST
12
AND
EVALUATION,
ARMY
13
For an additional amount for ‘‘Research, Develop-
14 ment, Test and Evaluation, Army’’, $13,500,000, to re15 main available until September 30, 2015: Provided, That
16 such amount is designated by the Congress for Overseas
17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
19 and Emergency Deficit Control Act of 1985.
20
RESEARCH, DEVELOPMENT, TEST
21
AND
EVALUATION,
NAVY
22
For an additional amount for ‘‘Research, Develop-
23 ment, Test and Evaluation, Navy’’, $34,426,000, to re24 main available until September 30, 2015: Provided, That
25 such amount is designated by the Congress for Overseas
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347
1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
3 and Emergency Deficit Control Act of 1985.
4
RESEARCH, DEVELOPMENT, TEST
5
AND
EVALUATION,
AIR FORCE
6
For an additional amount for ‘‘Research, Develop-
7 ment, Test and Evaluation, Air Force’’, $9,000,000, to re8 main available until September 30, 2015: Provided, That
9 such amount is designated by the Congress for Overseas
10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
12 and Emergency Deficit Control Act of 1985.
13
RESEARCH, DEVELOPMENT, TEST
14
DEFENSE-WIDE
15
AND
EVALUATION,
For an additional amount for ‘‘Research, Develop-
16 ment, Test and Evaluation, Defense-Wide’’, $78,208,000,
17 to remain available until September 30, 2015: Provided,
18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism
20 pursuant to section 251(b)(2)(A)(ii) of the Balanced
21 Budget and Emergency Deficit Control Act of 1985.
22
REVOLVING AND MANAGEMENT FUNDS
23
DEFENSE WORKING CAPITAL FUNDS
24
For an additional amount for ‘‘Defense Working
25 Capital Funds’’, $264,910,000: Provided, That such
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348
1 amount is designated by the Congress for Overseas Con2 tingency Operations/Global War on Terrorism pursuant to
3 section 251(b)(2)(A)(ii) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5 OTHER DEPARTMENT OF DEFENSE PROGRAMS
6
DEFENSE HEALTH PROGRAM
7
For an additional amount for ‘‘Defense Health Pro-
8 gram’’, $898,701,000, which shall be for operation and
9 maintenance: Provided, That such amount is designated
10 by the Congress for Overseas Contingency Operations/
11 Global
War
on
Terrorism
pursuant
to
section
12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985.
14
DRUG INTERDICTION
15
AND
COUNTER-DRUG ACTIVITIES,
DEFENSE
16
For an additional amount for ‘‘Drug Interdiction and
17 Counter-Drug Activities, Defense’’, $376,305,000, to re18 main available until September 30, 2015: Provided, That
19 such amount is designated by the Congress for Overseas
20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
22 and Emergency Deficit Control Act of 1985.
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349
1
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
2
(INCLUDING TRANSFER OF FUNDS)
3
For the ‘‘Joint Improvised Explosive Device Defeat
4 Fund’’, $879,225,000, to remain available until Sep5 tember 30, 2016: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any
7 other provision of law, for the purpose of allowing the Di8 rector of the Joint Improvised Explosive Device Defeat
9 Organization to investigate, develop and provide equip10 ment, supplies, services, training, facilities, personnel and
11 funds to assist United States forces in the defeat of impro12 vised explosive devices: Provided further, That the Sec13 retary of Defense may transfer funds provided herein to
14 appropriations for military personnel; operation and main15 tenance; procurement; research, development, test and
16 evaluation; and defense working capital funds to accom17 plish the purpose provided herein: Provided further, That
18 this transfer authority is in addition to any other transfer
19 authority available to the Department of Defense: Pro20 vided further, That the Secretary of Defense shall, not
21 fewer than 15 days prior to making transfers from this
22 appropriation, notify the congressional defense committees
23 in writing of the details of any such transfer: Provided
24 further, That such amount is designated by the Congress
25 for Overseas Contingency Operations/Global War on Ter-
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350
1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3
OFFICE
4
OF THE INSPECTOR
GENERAL
For an additional amount for the ‘‘Office of the In-
5 spector General’’, $10,766,000: Provided, That such
6 amount is designated by the Congress for Overseas Con7 tingency Operations/Global War on Terrorism pursuant to
8 section 251(b)(2)(A)(ii) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10
GENERAL PROVISIONS—THIS TITLE
11
SEC. 9001. Notwithstanding any other provision of
12 law, funds made available in this title are in addition to
13 amounts appropriated or otherwise made available for the
14 Department of Defense for fiscal year 2014.
15
(INCLUDING TRANSFER OF FUNDS)
16
SEC. 9002. Upon the determination of the Secretary
17 of Defense that such action is necessary in the national
18 interest, the Secretary may, with the approval of the Of19 fice of Management and Budget, transfer up to
20 $4,000,000,000 between the appropriations or funds made
21 available to the Department of Defense in this title: Pro22 vided, That the Secretary shall notify the Congress
23 promptly of each transfer made pursuant to the authority
24 in this section: Provided further, That the authority pro25 vided in this section is in addition to any other transfer
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351
1 authority available to the Department of Defense and is
2 subject to the same terms and conditions as the authority
3 provided in the Department of Defense Appropriations
4 Act, 2014.
5
SEC. 9003. Supervision and administration costs and
6 costs for design during construction associated with a con7 struction project funded with appropriations available for
8 operation and maintenance, ‘‘Afghanistan Infrastructure
9 Fund’’, or the ‘‘Afghanistan Security Forces Fund’’ pro10 vided in this Act and executed in direct support of over11 seas contingency operations in Afghanistan, may be obli12 gated at the time a construction contract is awarded: Pro13 vided, That for the purpose of this section, supervision and
14 administration costs and costs for design during construc15 tion include all in-house Government costs.
16
SEC. 9004. From funds made available in this title,
17 the Secretary of Defense may purchase for use by military
18 and civilian employees of the Department of Defense in
19 the U.S. Central Command area of responsibility: (a) pas20 senger motor vehicles up to a limit of $75,000 per vehicle;
21 and (b) heavy and light armored vehicles for the physical
22 security of personnel or for force protection purposes up
23 to a limit of $250,000 per vehicle, notwithstanding price
24 or other limitations applicable to the purchase of pas25 senger carrying vehicles.
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352
1
SEC. 9005. Not to exceed $30,000,000 of the amount
2 appropriated in this title under the heading ‘‘Operation
3 and Maintenance, Army’’ may be used, notwithstanding
4 any other provision of law, to fund the Commander’s
5 Emergency Response Program (CERP), for the purpose
6 of enabling military commanders in Afghanistan to re7 spond to urgent, small-scale, humanitarian relief and re8 construction requirements within their areas of responsi9 bility: Provided, That each project (including any ancillary
10 or related elements in connection with such project) exe11 cuted under this authority shall not exceed $20,000,000:
12 Provided further, That not later than 45 days after the
13 end of each fiscal year quarter, the Secretary of Defense
14 shall submit to the congressional defense committees a re15 port regarding the source of funds and the allocation and
16 use of funds during that quarter that were made available
17 pursuant to the authority provided in this section or under
18 any other provision of law for the purposes described here19 in: Provided further, That, not later than 30 days after
20 the end of each month, the Army shall submit to the con21 gressional defense committees monthly commitment, obli22 gation, and expenditure data for the Commander’s Emer23 gency Response Program in Afghanistan: Provided further,
24 That not less than 15 days before making funds available
25 pursuant to the authority provided in this section or under
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353
1 any other provision of law for the purposes described here2 in for a project with a total anticipated cost for completion
3 of $5,000,000 or more, the Secretary shall submit to the
4 congressional defense committees a written notice con5 taining each of the following:
6
(1) The location, nature and purpose of the
7
proposed project, including how the project is in-
8
tended to advance the military campaign plan for
9
the country in which it is to be carried out.
10
(2) The budget, implementation timeline with
11
milestones, and completion date for the proposed
12
project, including any other CERP funding that has
13
been or is anticipated to be contributed to the com-
14
pletion of the project.
15
(3) A plan for the sustainment of the proposed
16
project, including the agreement with either the host
17
nation, a non-Department of Defense agency of the
18
United States Government or a third-party contrib-
19
utor to finance the sustainment of the activities and
20
maintenance of any equipment or facilities to be pro-
21
vided through the proposed project.
22
SEC. 9006. Funds available to the Department of De-
23 fense for operation and maintenance may be used, not24 withstanding any other provision of law, to provide sup25 plies, services, transportation, including airlift and sealift,
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354
1 and other logistical support to coalition forces supporting
2 military and stability operations in Afghanistan: Provided,
3 That the Secretary of Defense shall provide quarterly re4 ports to the congressional defense committees regarding
5 support provided under this section.
6
SEC. 9007. None of the funds appropriated or other-
7 wise made available by this or any other Act shall be obli8 gated or expended by the United States Government for
9 a purpose as follows:
10
(1) To establish any military installation or
11
base for the purpose of providing for the permanent
12
stationing of United States Armed Forces in Iraq.
13
(2) To exercise United States control over any
14
oil resource of Iraq.
15
(3) To establish any military installation or
16
base for the purpose of providing for the permanent
17
stationing of United States Armed Forces in Af-
18
ghanistan.
19
SEC. 9008. None of the funds made available in this
20 Act may be used in contravention of the following laws
21 enacted or regulations promulgated to implement the
22 United Nations Convention Against Torture and Other
23 Cruel, Inhuman or Degrading Treatment or Punishment
24 (done at New York on December 10, 1984):
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355
1
(1) Section 2340A of title 18, United States
2
Code.
3
(2) Section 2242 of the Foreign Affairs Reform
4
and Restructuring Act of 1998 (division G of Public
5
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
6
note) and regulations prescribed thereto, including
7
regulations under part 208 of title 8, Code of Fed-
8
eral Regulations, and part 95 of title 22, Code of
9
Federal Regulations.
10
(3) Sections 1002 and 1003 of the Department
11
of Defense, Emergency Supplemental Appropriations
12
to Address Hurricanes in the Gulf of Mexico, and
13
Pandemic Influenza Act, 2006 (Public Law 109–
14
148).
15
SEC. 9009. None of the funds provided for the ‘‘Af-
16 ghanistan Security Forces Fund’’ (ASFF) may be obli17 gated prior to the approval of a financial and activity plan
18 by the Afghanistan Resources Oversight Council (AROC)
19 of the Department of Defense: Provided, That the AROC
20 must approve the requirement and acquisition plan for any
21 service requirements in excess of $50,000,000 annually
22 and any non-standard equipment requirements in excess
23 of $100,000,000 using ASFF: Provided further, That the
24 AROC must approve all projects and the execution plan
25 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and
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356
1 any project in excess of $5,000,000 from the Com2 mander’s Emergency Response Program (CERP): Pro3 vided further, That the Department of Defense must cer4 tify to the congressional defense committees that the
5 AROC has convened and approved a process for ensuring
6 compliance with the requirements in the preceding pro7 visos and accompanying report language for the ASFF,
8 AIF, and CERP.
9
SEC. 9010. Funds made available in this title to the
10 Department of Defense for operation and maintenance
11 may be used to purchase items having an investment unit
12 cost of not more than $250,000: Provided, That, upon de13 termination by the Secretary of Defense that such action
14 is necessary to meet the operational requirements of a
15 Commander of a Combatant Command engaged in contin16 gency operations overseas, such funds may be used to pur17 chase items having an investment item unit cost of not
18 more than $500,000.
19
SEC. 9011. Notwithstanding any other provision of
20 law, up to $63,800,000 of funds made available in this
21 title under the heading ‘‘Operation and Maintenance,
22 Army’’ may be obligated and expended for purposes of the
23 Task Force for Business and Stability Operations, subject
24 to the direction and control of the Secretary of Defense,
25 with concurrence of the Secretary of State, to carry out
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357
1 strategic business and economic assistance activities in Af2 ghanistan in support of Operation Enduring Freedom:
3 Provided, That not less than 15 days before making funds
4 available pursuant to the authority provided in this section
5 for any project with a total anticipated cost of $5,000,000
6 or more, the Secretary shall submit to the congressional
7 defense committees a written notice containing a detailed
8 justification and timeline for each proposed project.
9
SEC. 9012. From funds made available to the De-
10 partment of Defense in this title under the heading ‘‘Oper11 ation and Maintenance, Air Force’’ up to $209,000,000
12 may be used by the Secretary of Defense, notwithstanding
13 any other provision of law, to support United States Gov14 ernment transition activities in Iraq by funding the oper15 ations and activities of the Office of Security Cooperation
16 in Iraq and security assistance teams, including life sup17 port, transportation and personal security, and facilities
18 renovation and construction, and site closeout activities
19 prior to returning sites to the Government of Iraq: Pro20 vided, That to the extent authorized under the National
21 Defense Authorization Act for Fiscal Year 2014, the oper22 ations and activities that may be carried out by the Office
23 of Security Cooperation in Iraq may, with the concurrence
24 of the Secretary of State, include non-operational training
25 activities in support of Iraqi Minister of Defense and
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358
1 Counter Terrorism Service personnel in an institutional
2 environment to address capability gaps, integrate proc3 esses relating to intelligence, air sovereignty, combined
4 arms, logistics and maintenance, and to manage and inte5 grate defense-related institutions: Provided further, That
6 not later than 30 days following the enactment of this Act,
7 the Secretary of Defense and the Secretary of State shall
8 submit to the congressional defense committees a plan for
9 transitioning any such training activities that they deter10 mine are needed after the end of fiscal year 2014, to exist11 ing or new contracts for the sale of defense articles or
12 defense services consistent with the provisions of the Arms
13 Export Control Act (22 U.S.C. 2751 et seq.): Provided
14 further, That not less than 15 days before making funds
15 available pursuant to the authority provided in this sec16 tion, the Secretary of Defense shall submit to the congres17 sional defense committees a written notification containing
18 a detailed justification and timeline for the operations and
19 activities of the Office of Security Cooperation in Iraq at
20 each site where such operations and activities will be con21 ducted during fiscal year 2014.
22
(RESCISSIONS)
23
SEC. 9013. Of the funds appropriated in Department
24 of Defense Appropriations Acts, the following funds are
25 hereby rescinded from the following accounts and pro-
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359
1 grams in the specified amounts: Provided, That such
2 amounts are designated by the Congress for Overseas
3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
5 and Emergency Deficit Control Act of 1985:
6
‘‘General Provision: Retroactive Stop Loss Spe-
7
cial Pay Program, 2009/XXXX’’, $53,100,000; and
8
‘‘Other
9
Procurement,
Army,
2013/2015’’,
$87,270,000.
10
SEC. 9014. (a) None of the funds appropriated or
11 otherwise made available by this Act under the heading
12 ‘‘Operation and Maintenance, Defense-Wide’’ for pay13 ments under section 1233 of Public Law 110–181 for re14 imbursement to the Government of Pakistan may be made
15 available unless the Secretary of Defense, in coordination
16 with the Secretary of State, certifies to the Committees
17 on Appropriations that the Government of Pakistan is—
18
(1) cooperating with the United States in
19
counterterrorism efforts against the Haqqani Net-
20
work, the Quetta Shura Taliban, Lashkar e-Tayyiba,
21
Jaish-e-Mohammed, Al Qaeda, and other domestic
22
and foreign terrorist organizations, including taking
23
steps to end support for such groups and prevent
24
them from basing and operating in Pakistan and
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1
carrying out cross border attacks into neighboring
2
countries;
3
(2) not supporting terrorist activities against
4
United States or coalition forces in Afghanistan, and
5
Pakistan’s military and intelligence agencies are not
6
intervening extra-judicially into political and judicial
7
processes in Pakistan;
8
(3) dismantling improvised explosive device
9
(IED) networks and interdicting precursor chemicals
10
used in the manufacture of IEDs;
11
(4) preventing the proliferation of nuclear-re-
12
lated material and expertise;
13
(5) implementing policies to protect judicial
14
independence and due process of law;
15
(6) issuing visas in a timely manner for United
16
States visitors engaged in counterterrorism efforts
17
and assistance programs in Pakistan; and
18
(7) providing humanitarian organizations access
19
to detainees, internally displaced persons, and other
20
Pakistani civilians affected by the conflict.
21
(b) The Secretary of Defense, in coordination with
22 the Secretary of State, may waive the restriction in para23 graph (a) on a case-by-case basis by certifying in writing
24 to the Committees on Appropriations of the House of Rep25 resentatives and the Senate that it is in the national secu-
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361
1 rity interest to do so: Provided, That if the Secretary of
2 Defense, in coordination with the Secretary of State, exer3 cises the authority of the previous proviso, the Secretaries
4 shall report to the Committees on Appropriations on both
5 the justification for the waiver and on the requirements
6 of this section that the Government of Pakistan was not
7 able to meet: Provided further, That such report may be
8 submitted in classified form if necessary.
9
SEC. 9015. None of the funds made available by this
10 Act may be used with respect to Syria in contravention
11 of the War Powers Resolution (50 U.S.C. 1541 et seq.),
12 including for the introduction of United States armed or
13 military forces into hostilities in Syria, into situations in
14 Syria where imminent involvement in hostilities is clearly
15 indicated by the circumstances, or into Syrian territory,
16 airspace, or waters while equipped for combat, in con17 travention of the congressional consultation and reporting
18 requirements of sections 3 and 4 of that law (50 U.S.C.
19 1542 and 1543).
20
SEC. 9016. None of the funds made available by this
21 Act for the ‘‘Afghanistan Infrastructure Fund’’ may be
22 used to plan, develop, or construct any project for which
23 construction has not commenced before the date of the
24 enactment of this Act.
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4
TITLE X—MILITARY DISABILITY
RETIREMENT AND SURVIVOR
BENEFIT ANNUITY RESTORATION
5
SECTION 10001. INAPPLICABILITY OF ANNUAL ADJUST-
6
MENT OF RETIRED PAY FOR MEMBERS OF
7
THE ARMED FORCES UNDER THE AGE OF 62
8
UNDER THE BIPARTISAN BUDGET ACT OF
9
2013 TO MEMBERS RETIRED FOR DISABILITY
10
AND TO RETIRED PAY USED TO COMPUTE
11
CERTAIN SURVIVOR BENEFIT PLAN ANNU-
12
ITIES.
1
2
3
13
(a) INAPPLICABILITY.—Paragraph (4) of section
14 1401a(b) of title 10, United States Code, as added by sec15 tion 403(a) of the Bipartisan Budget Act of 2013, is
16 amended—
17
(1) in subparagraph (A), by inserting after
18
‘‘age’’ the following: ‘‘(other than a member or
19
former member retired under chapter 61 of this
20
title)’’; and
21
(2) by adding at the end the following new sub-
22
paragraph:
23
‘‘(F) INAPPLICABILITY
TO AMOUNT OF RE-
24
TIRED PAY USED IN COMPUTATION OF SBP AN-
25
NUITY FOR SURVIVORS.—In
the computation
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363
1
pursuant to subsection (d) or (f) of section
2
1448 of this title of an annuity for survivors of
3
a member or person who dies while subject to
4
the application of this paragraph, the amount
5
of the retired pay of such member or person for
6
purposes of such computation shall be the
7
amount of retired pay that would have been
8
payable to such member or person at the time
9
of death without regard to the application of
10
this paragraph.’’.
11
(b) CONFORMING AMENDMENTS.—
12
(1)
COMBAT-RELATED
SPECIAL
COMPENSA-
13
TION.—Section
14
States Code, is amended by inserting ‘‘(but without
15
the application of section 1401a(b)(4) of this title)’’
16
after ‘‘under any other provision of law’’.
17
1413a(b)(3)(A) of title 10, United
(2) CONCURRENT
RECEIPT OF RETIRED PAY
18
AND VETERANS’ DISABILITY COMPENSATION.—Sec-
19
tion 1414(b)(1) of such title is amended by inserting
20
‘‘(but without the application of section 1401a(b)(4)
21
of this title)’’ after ‘‘under any other provision of
22
law’’.
23
(3) PREVENTION
24
OF COLA INVERSIONS.—Sec-
tion 1401a(f)(2) of title 10, United States Code, is
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364
1
amended by inserting ‘‘or subsection (b)(4)’’ after
2
‘‘subsection (b)(2)’’.
3
(c) EFFECTIVE DATE.—The amendments made by
4 subsections (a) and (b) shall take effect on December 1,
5 2015, immediately after the coming into effect of section
6 403 of the Bipartisan Budget Act of 2013 and the amend7 ments made by that section.
8
(d) EXCLUSION
OF
BUDGETARY EFFECTS FROM
9 PAYGO SCORECARDS.—
10
(1) STATUTORY
PAY-AS-YOU-GO SCORECARDS.—
11
The budgetary effects of this section shall not be en-
12
tered on either PAYGO score-card maintained pur-
13
suant to section 4(d) of the Statutory Pay-As-You-
14
Go Act of 2010.
15
(2) SENATE
PAYGO SCORECARDS.—The
budg-
16
etary effects of this section shall not be entered on
17
any PAYGO scorecard maintained for purposes of
18
section 201 of S. Con. Res. 21 (110th Congress).
19
This division may be cited as the ‘‘Department of De-
20 fense Appropriations Act, 2014’’.
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365
1 DIVISION D—ENERGY AND WATER DEVEL2
OPMENT AND RELATED AGENCIES AP-
3
PROPRIATIONS ACT, 2014
4
TITLE I
5
CORPS OF ENGINEERS—CIVIL
6
DEPARTMENT OF THE ARMY
7
CORPS
8
OF
ENGINEERS—CIVIL
The following appropriations shall be expended under
9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river
12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts.
14
INVESTIGATIONS
15
For expenses necessary where authorized by law for
16 the collection and study of basic information pertaining
17 to river and harbor, flood and storm damage reduction,
18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans
20 and specifications of proposed river and harbor, flood and
21 storm damage reduction, shore protection, and aquatic
22 ecosystem restoration, projects and related efforts prior to
23 construction; for restudy of authorized projects; and for
24 miscellaneous investigations, and, when authorized by law,
25 surveys and detailed studies, and plans and specifications
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366
1 of projects prior to construction, $125,000,000, to remain
2 available until expended: Provided, That the Secretary
3 may initiate up to but no more than nine new reconnais4 sance study starts during fiscal year 2014: Provided fur5 ther, That the new reconnaissance study starts will consist
6 of three studies where the majority of the benefits are de7 rived from navigation transportation savings, three studies
8 where the majority of the benefits are derived from flood
9 and storm damage reduction, and three studies where the
10 majority of the benefits are derived from environmental
11 restoration: Provided further, That the number of environ12 mental restoration studies selected shall be limited to no
13 more than the lessor of the number of navigation studies
14 or the number of flood and storm damage reduction stud15 ies selected: Provided further, That the Secretary shall not
16 deviate from the new starts proposed in the work plan,
17 once the plan has been submitted to the Committees on
18 Appropriations of the House of Representatives and the
19 Senate.
20
CONSTRUCTION
21
For expenses necessary for the construction of river
22 and harbor, flood and storm damage reduction, shore pro23 tection, aquatic ecosystem restoration, and related
24 projects authorized by law; for conducting detailed studies,
25 and plans and specifications, of such projects (including
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367
1 those involving participation by States, local governments,
2 or private groups) authorized or made eligible for selection
3 by law (but such detailed studies, and plans and specifica4 tions, shall not constitute a commitment of the Govern5 ment to construction); $1,656,000,000, to remain avail6 able until expended; of which such sums as are necessary
7 to cover the Federal share of construction costs for facili8 ties under the Dredged Material Disposal Facilities pro9 gram shall be derived from the Harbor Maintenance Trust
10 Fund as authorized by Public Law 104–303; and of which
11 such sums as are necessary to cover one-half of the costs
12 of construction, replacement, rehabilitation, and expansion
13 of inland waterways projects shall be derived from the In14 land Waterways Trust Fund: Provided, That during the
15 fiscal year period covered by this Act, 25 percentum of
16 the funding proposed for Olmsted Lock and Dam, Ohio
17 River, Illinois and Kentucky, shall be derived from the In18 land Waterways Trust Fund: Provided further, That the
19 Secretary may initiate up to but no more than four new
20 construction starts during fiscal year 2014: Provided fur21 ther, That the new construction starts will consist of three
22 projects where the majority of the benefits are derived
23 from navigation transportation savings or from flood and
24 storm damage reduction and one project where the major25 ity of the benefits are derived from environmental restora-
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368
1 tion: Provided further, That for new construction projects,
2 project cost sharing agreements shall be executed as soon
3 as practicable but no later than August 29, 2014: Pro4 vided further, That no allocation for a new start shall be
5 considered final and no work allowance shall be made until
6 the Secretary provides to the Committees on Appropria7 tions of the House of Representatives and the Senate an
8 out-year funding scenario demonstrating the affordability
9 of the selected new start and the impacts on other
10 projects: Provided further, That the Secretary may not de11 viate from the new starts proposed in the work plan, once
12 the plan has been submitted to the Committees on Appro13 priations of the House of Representatives and the Senate.
14
MISSISSIPPI RIVER AND TRIBUTARIES
15
For expenses necessary for flood damage reduction
16 projects and related efforts in the Mississippi River allu17 vial valley below Cape Girardeau, Missouri, as authorized
18 by law, $307,000,000, to remain available until expended,
19 of which such sums as are necessary to cover the Federal
20 share of eligible operation and maintenance costs for in21 land harbors shall be derived from the Harbor Mainte22 nance Trust Fund.
23
OPERATION AND MAINTENANCE
24
For expenses necessary for the operation, mainte-
25 nance, and care of existing river and harbor, flood and
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369
1 storm damage reduction, aquatic ecosystem restoration,
2 and related projects authorized by law; providing security
3 for infrastructure owned or operated by the Corps, includ4 ing administrative buildings and laboratories; maintaining
5 harbor channels provided by a State, municipality, or
6 other public agency that serve essential navigation needs
7 of general commerce, where authorized by law; surveying
8 and charting northern and northwestern lakes and con9 necting waters; clearing and straightening channels; and
10 removing obstructions to navigation, $2,861,000,000, to
11 remain available until expended, of which such sums as
12 are necessary to cover the Federal share of eligible oper13 ation and maintenance costs for coastal harbors and chan14 nels, and for inland harbors shall be derived from the Har15 bor Maintenance Trust Fund; of which such sums as be16 come available from the special account for the Corps of
17 Engineers established by the Land and Water Conserva18 tion Fund Act of 1965 shall be derived from that account
19 for resource protection, research, interpretation, and
20 maintenance activities related to resource protection in the
21 areas at which outdoor recreation is available; and of
22 which such sums as become available from fees collected
23 under section 217 of Public Law 104–303 shall be used
24 to cover the cost of operation and maintenance of the
25 dredged material disposal facilities for which such fees
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370
1 have been collected: Provided, That 1 percent of the total
2 amount of funds provided for each of the programs,
3 projects or activities funded under this heading shall not
4 be allocated to a field operating activity prior to the begin5 ning of the fourth quarter of the fiscal year and shall be
6 available for use by the Chief of Engineers to fund such
7 emergency activities as the Chief of Engineers determines
8 to be necessary and appropriate, and that the Chief of En9 gineers shall allocate during the fourth quarter any re10 maining funds which have not been used for emergency
11 activities proportionally in accordance with the amounts
12 provided for the programs, projects, or activities.
13
REGULATORY PROGRAM
14
For expenses necessary for administration of laws
15 pertaining to regulation of navigable waters and wetlands,
16 $200,000,000, to remain available until September 30,
17 2015.
18
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
19
For expenses necessary to clean up contamination
20 from sites in the United States resulting from work per21 formed as part of the Nation’s early atomic energy pro22 gram, $103,499,000, to remain available until expended.
23
FLOOD CONTROL AND COASTAL EMERGENCIES
24
For expenses necessary to prepare for flood, hurri-
25 cane, and other natural disasters and support emergency
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371
1 operations, repairs, and other activities in response to
2 such disasters as authorized by law, $28,000,000, to re3 main available until expended.
4
EXPENSES
5
For expenses necessary for the supervision and gen-
6 eral administration of the civil works program in the head7 quarters of the Corps of Engineers and the offices of the
8 Division Engineers; and for costs of management and op9 eration of the Humphreys Engineer Center Support Activ10 ity, the Institute for Water Resources, the United States
11 Army Engineer Research and Development Center, and
12 the United States Army Corps of Engineers Finance Cen13 ter allocable to the civil works program, $182,000,000, to
14 remain available until September 30, 2015, of which not
15 to exceed $5,000 may be used for official reception and
16 representation purposes and only during the current fiscal
17 year: Provided, That no part of any other appropriation
18 provided in title I of this Act shall be available to fund
19 the civil works activities of the Office of the Chief of Engi20 neers or the civil works executive direction and manage21 ment activities of the division offices: Provided further,
22 That any Flood Control and Coastal Emergencies appro23 priation may be used to fund the supervision and general
24 administration of emergency operations, repairs, and other
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372
1 activities in response to any flood, hurricane, or other nat2 ural disaster.
3
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY
4
FOR CIVIL WORKS
5
For the Office of the Assistant Secretary of the Army
6 for Civil Works as authorized by 10 U.S.C. 3016(b)(3),
7 $5,000,000, to remain available until September 30, 2015.
8
ADMINISTRATIVE PROVISION
9
The Revolving Fund, Corps of Engineers, shall be
10 available during the current fiscal year for purchase (not
11 to exceed 100 for replacement only) and hire of passenger
12 motor vehicles for the civil works program.
13
GENERAL PROVISIONS—CORPS OF
14
ENGINEERS—CIVIL
15
(INCLUDING TRANSFER OF FUNDS)
16
SEC. 101. (a) None of the funds provided in title I
17 of this Act, or provided by previous appropriations Acts
18 to the agencies or entities funded in title I of this Act
19 that remain available for obligation or expenditure in fiscal
20 year 2014, shall be available for obligation or expenditure
21 through a reprogramming of funds that:
22
(1) creates or initiates a new program, project,
23
or activity;
24
(2) eliminates a program, project, or activity;
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373
1
(3) increases funds or personnel for any pro-
2
gram, project, or activity for which funds have been
3
denied or restricted by this Act, unless prior ap-
4
proval is received from the House and Senate Com-
5
mittees on Appropriations;
6
(4) proposes to use funds directed for a specific
7
activity for a different purpose, unless prior approval
8
is received from the House and Senate Committees
9
on Appropriations;
10
(5) augments or reduces existing programs,
11
projects or activities in excess of the amounts con-
12
tained in subsections 6 through 10, unless prior ap-
13
proval is received from the House and Senate Com-
14
mittees on Appropriations;
15
(6) INVESTIGATIONS.—For a base level over
16
$100,000, reprogramming of 25 percent of the base
17
amount up to a limit of $150,000 per project, study
18
or activity is allowed: Provided, That for a base level
19
less than $100,000, the reprogramming limit is
20
$25,000: Provided further, That up to $25,000 may
21
be reprogrammed into any continuing study or activ-
22
ity that did not receive an appropriation for existing
23
obligations and concomitant administrative expenses;
24
(7) CONSTRUCTION.—For a base level over
25
$2,000,000, reprogramming of 15 percent of the
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374
1
base amount up to a limit of $3,000,000 per project,
2
study or activity is allowed: Provided, That for a
3
base level less than $2,000,000, the reprogramming
4
limit is $300,000: Provided further, That up to
5
$3,000,000 may be reprogrammed for settled con-
6
tractor claims, changed conditions, or real estate de-
7
ficiency judgments: Provided further, That up to
8
$300,000 may be reprogrammed into any continuing
9
study or activity that did not receive an appropria-
10
tion for existing obligations and concomitant admin-
11
istrative expenses;
12
(8) OPERATION
AND MAINTENANCE.—Unlim-
13
ited reprogramming authority is granted in order for
14
the Corps to be able to respond to emergencies: Pro-
15
vided, That the Chief of Engineers must notify the
16
House and Senate Committees on Appropriations of
17
these emergency actions as soon thereafter as prac-
18
ticable: Provided further, That for a base level over
19
$1,000,000, reprogramming of 15 percent of the
20
base amount a limit of $5,000,000 per project, study
21
or activity is allowed: Provided further, That for a
22
base level less than $1,000,000, the reprogramming
23
limit is $150,000: Provided further, That $150,000
24
may be reprogrammed into any continuing study or
25
activity that did not receive an appropriation;
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375
1
(9) MISSISSIPPI
RIVER AND TRIBUTARIES.—
2
The same reprogramming guidelines for the Inves-
3
tigations, Construction, and Operation and Mainte-
4
nance portions of the Mississippi River and Tribu-
5
taries Account as listed above; and
6
(10) FORMERLY
UTILIZED SITES REMEDIAL AC-
7
TION PROGRAM.—Reprogramming
8
cent of the base of the receiving project is permitted.
9
(b) DE MINIMUS REPROGRAMMINGS.—In no case
of up to 15 per-
10 should a reprogramming for less than $50,000 be sub11 mitted to the House and Senate Committees on Appro12 priations.
13
(c) CONTINUING AUTHORITIES PROGRAM.—Sub-
14 section (a)(1) shall not apply to any project or activity
15 funded under the continuing authorities program.
16
(d) Not later than 60 days after the date of enact-
17 ment of this Act, the Corps of Engineers shall submit a
18 report to the House and Senate Committees on Appropria19 tions to establish the baseline for application of re20 programming and transfer authorities for the current fis21 cal year: Provided, That the report shall include:
22
(1) A table for each appropriation with a sepa-
23
rate column to display the President’s budget re-
24
quest, adjustments made by Congress, adjustments
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376
1
due to enacted rescissions, if applicable, and the fis-
2
cal year enacted level;
3
(2) A delineation in the table for each appro-
4
priation both by object class and program, project
5
and activity as detailed in the budget appendix for
6
the respective appropriations; and
7
(3) An identification of items of special congres-
8
sional interest.
9
SEC. 102. None of the funds made available in this
10 title may be used to award or modify any contract that
11 commits funds beyond the amounts appropriated for that
12 program, project, or activity that remain unobligated, ex13 cept that such amounts may include any funds that have
14 been made available through reprogramming pursuant to
15 section 101.
16
SEC. 103. None of the funds in this Act, or previous
17 Acts, making funds available for Energy and Water Devel18 opment, shall be used to award any continuing contract
19 that commits additional funding from the Inland Water20 ways Trust Fund unless or until such time that a long21 term mechanism to enhance revenues in this Fund suffi22 cient to meet the cost-sharing authorized in the Water Re23 sources Development Act of 1986 (Public Law 99–662)
24 is enacted.
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377
1
SEC. 104. Beginning on the date of enactment of this
2 Act and hereafter, not later than 120 days after the date
3 of the Chief of Engineers Report on a water resource mat4 ter, the Assistant Secretary of the Army (Civil Works)
5 shall submit the report to the appropriate authorizing and
6 appropriating committees of the Congress.
7
SEC. 105. During the fiscal year period covered by
8 this Act, the Secretary of the Army is authorized to imple9 ment measures recommended in the efficacy study author10 ized under section 3061 of the Water Resources Develop11 ment Act of 2007 (121 Stat. 1121) or in interim reports,
12 with such modifications or emergency measures as the
13 Secretary of the Army determines to be appropriate, to
14 prevent aquatic nuisance species from dispersing into the
15 Great Lakes by way of any hydrologic connection between
16 the Great Lakes and the Mississippi River Basin.
17
SEC. 106. The Secretary of the Army may transfer
18 to the Fish and Wildlife Service, and the Fish and Wildlife
19 Service may accept and expend, up to $4,700,000 of funds
20 provided in this title under the heading ‘‘Operation and
21 Maintenance’’ to mitigate for fisheries lost due to Corps
22 of Engineers projects.
23
SEC. 107. That portion of the project for navigation,
24 Ipswich River, Massachusetts adopted by the Rivers and
25 Harbor Act of August 5, 1886 consisting of a 4-foot chan-
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378
1 nel located at the entrance to the harbor at Ipswich Har2 bor, lying northwesterly of a line commencing at:
3 N3074938.09, E837154.87, thence running easterly
4 about 60 feet to a point with coordinates N3074972.62,
5 E837203.93, is no longer authorized as a Federal project
6 after the date of enactment of this Act.
7
SEC. 108. That portion of the project of navigation,
8 Chicago Harbor, Illinois, authorized by the River and Har9 bor Acts of March 3, 1899 and March 2, 1919, and that
10 begins at the southwest corner of the Metropolitan Sani11 tary District of Greater Chicago sluice gate that abuts the
12 north wall of the Chicago River Lock and that continues
13 north for approximately 290 feet, thence east approxi14 mately 1,000 feet, then south approximately 290 feet,
15 thence west approximately 1,000 feet to the point of begin16 ning shall no longer be authorized as a Federal project
17 after the date of enactment of this Act.
18
SEC. 109. Beginning on the date of enactment of this
19 Act, the Secretary is no longer authorized to carry out
20 the portion of the project for navigation, Warwick Cove,
21 Rhode Island, authorized by section 107 of the River and
22 Harbor Act of 1960 (33 U.S.C. 577) that is located within
23 the 5 acre anchorage area east of the channel and lying
24 east of the line beginning at a point with coordinates
25 N220,349.79, E357,664.90 thence running north 9 de-
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379
1 grees 10 minutes 21.5 seconds west 170.38 feet to a point
2 N220,517.99, E357,637.74 thence running north 17 de3 grees 44 minutes 30.4 seconds west 165.98 feet to a point
4 N220,676.08, E357,587.16 thence running north 0 de5 grees 46 minutes 0.9 seconds east 138.96 feet to a point
6 N220,815.03, E357,589.02 thence running north 8 de7 grees 36 minutes 22.9 seconds east 101.57 feet to a point
8 N220,915.46, E357,604.22 thence running north 18 de9 grees 18 minutes 27.3 seconds east 168.20 feet to a point
10 N221,075.14, E357,657.05 thence running north 34 de11 grees 42 minutes 7.2 seconds east 106.4 feet to a point
12 N221,162.62,209 E357,717.63 thence running south 29
13 degrees 14 minutes 17.4 seconds east 26.79 feet to a point
14 N221,139.24, E357,730.71 thence running south 30 de15 grees 45 minutes 30.5 seconds west 230.46 feet to a point
16 N220,941.20, E357,612.85 thence running south 10 de17 grees 49 minutes12.0 seconds west 95.46 feet to a point
18 N220,847.44, E357,594.93 thence running south 9 de19 grees 13 minutes 44.5 seconds east 491.68 feet to a point
20 N220,362.12, E357,673.79 thence running south 35 de21 grees 47 minutes 19.4 seconds west 15.20 feet to the point
22 of origin.
23
SEC. 110. (a) Section 1001(17)(A) of Public Law
24 110–114 is amended—
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380
1
(1) by striking ‘‘$125,270,000’’ and inserting in
2
lieu thereof, ‘‘$152,510,000’’;
3
(2) by striking ‘‘$75,140,000’’ and inserting in
4
lieu thereof, ‘‘$92,007,000’’; and
5
(3) by striking ‘‘$50,130,000’’ and inserting in
6
lieu thereof, ‘‘$60,503,000’’.
7
(b) The amendments made by subsection (a) shall
8 take effect as of November 8, 2007.
9
SEC. 111. The project for flood control, Little Cal-
10 umet River, Indiana, authorized by section 401(a) of the
11 Water Resources Development Act of 1986 (Public Law
12 99–662; 100 Stat. 4115), is modified to authorize the Sec13 retary to carry out the project at a total cost of
14 $269,988,000
with
an
estimated
Federal
cost
of
15 $202,800,000 and an estimated non-Federal cost of
16 $67,188,000.
17
SEC. 112. During fiscal years 2014 and 2015, the
18 limitation relating to total project costs in section 902 of
19 the Water Resources Development Act of 1986 (33 U.S.C.
20 2280) shall not apply with respect to any project that re21 ceives funds made available by this title.
22
SEC. 113. The Cape Arundel Disposal Site in the
23 State of Maine selected by the Department of the Army
24 as an alternative dredged material disposal site under sec25 tion 103(b) of the Marine Protection Research and Sanc-
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381
1 tuaries Act of 1972, shall remain open for 5 years after
2 enactment of this Act, until the remaining disposal capac3 ity of the site has been utilized, or until completion of an
4 Environmental Impact Statement to support final des5 ignation of an Ocean Dredged Material Disposal Site for
6 southern Maine under section 102(c) of the Marine Pro7 tection Research and Sanctuaries Act of 1972, whichever
8 first occurs, provided that the site conditions remain suit9 able for such purpose and that the site may not be used
10 for disposal of more than 80,000 cubic yards from any
11 single dredging project.
12
SEC. 114. None of the funds made available in this
13 Act may be used to continue the study conducted by the
14 Army Corps of Engineers pursuant to section 5018(a)(1)
15 of the Water Resources Development Act of 2007.
16
SEC. 115. None of the funds made available in this
17 or any other Act making appropriations for Energy and
18 Water Development for any fiscal year may be used by
19 the Corps of Engineers during the fiscal year ending Sep20 tember 30, 2014, to develop, adopt, implement, admin21 ister, or enforce any change to the regulations in effect
22 on October 1, 2012, pertaining to the definitions of the
23 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the
24 purposes of the Federal Water Pollution Control Act (33
25 U.S.C. 1251 et seq.).
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382
1
SEC. 116. During fiscal year 2014, any work that is
2 required to be undertaken on a flood control project be3 cause of impacts to that project from a navigation project
4 may be cost shared in accordance with the cost sharing
5 requirements for the navigation project.
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383
1
TITLE II
2
DEPARTMENT OF THE INTERIOR
3
CENTRAL UTAH PROJECT
4
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
5
For carrying out activities authorized by the Central
6 Utah Project Completion Act, $8,725,000, to remain
7 available until expended, of which $1,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of
11 the amount provided under this heading, $1,300,000 shall
12 be available until September 30, 2015, for necessary ex13 penses incurred in carrying out related responsibilities of
14 the Secretary of the Interior: Provided further, That for
15 fiscal year 2014, of the amount made available to the
16 Commission under this Act or any other Act, the Commis17 sion may use an amount not to exceed $1,500,000 for ad18 ministrative expenses.
19
BUREAU
20
OF
RECLAMATION
The following appropriations shall be expended to
21 execute authorized functions of the Bureau of Reclama22 tion:
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384
1
WATER AND RELATED RESOURCES
2
(INCLUDING TRANSFERS OF FUNDS)
3
For management, development, and restoration of
4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in
7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other
9 agreements with, State and local governments, federally
10 recognized Indian tribes, and others, $954,085,000, to re11 main available until expended, of which $28,000 shall be
12 available for transfer to the Upper Colorado River Basin
13 Fund and $8,401,000 shall be available for transfer to the
14 Lower Colorado River Basin Development Fund; of which
15 such amounts as may be necessary may be advanced to
16 the Colorado River Dam Fund: Provided, That such trans17 fers may be increased or decreased within the overall ap18 propriation under this heading: Provided further, That of
19 the total appropriated, the amount for program activities
20 that can be financed by the Reclamation Fund or the Bu21 reau of Reclamation special fee account established by 16
22 U.S.C. 6806 shall be derived from that Fund or account:
23 Provided further, That funds contributed under 43 U.S.C.
24 395 are available until expended for the purposes for
25 which the funds were contributed: Provided further, That
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385
1 funds advanced under 43 U.S.C. 397a shall be credited
2 to this account and are available until expended for the
3 same purposes as the sums appropriated under this head4 ing: Provided further, That of the amounts provided here5 in, funds may be used for high-priority projects which
6 shall be carried out by the Youth Conservation Corps, as
7 authorized by 16 U.S.C. 1706.
8
CENTRAL VALLEY PROJECT RESTORATION FUND
9
For carrying out the programs, projects, plans, habi-
10 tat restoration, improvement, and acquisition provisions of
11 the Central Valley Project Improvement Act, $53,288,000,
12 to be derived from such sums as may be collected in the
13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law
15 102–575, to remain available until expended: Provided,
16 That the Bureau of Reclamation is directed to assess and
17 collect the full amount of the additional mitigation and
18 restoration payments authorized by section 3407(d) of
19 Public Law 102–575: Provided further, That none of the
20 funds made available under this heading may be used for
21 the acquisition or leasing of water for in-stream purposes
22 if the water is already committed to in-stream purposes
23 by a court adopted decree or order.
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386
1
CALIFORNIA BAY-DELTA RESTORATION
2
(INCLUDING TRANSFERS OF FUNDS)
3
For carrying out activities authorized by the Water
4 Supply, Reliability, and Environmental Improvement Act,
5 consistent with plans to be approved by the Secretary of
6 the Interior, $37,000,000, to remain available until ex7 pended, of which such amounts as may be necessary to
8 carry out such activities may be transferred to appropriate
9 accounts of other participating Federal agencies to carry
10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the
12 costs of CALFED Program management: Provided fur13 ther, That CALFED implementation shall be carried out
14 in a balanced manner with clear performance measures
15 demonstrating concurrent progress in achieving the goals
16 and objectives of the Program.
17
POLICY AND ADMINISTRATION
18
For necessary expenses of policy, administration, and
19 related functions in the Office of the Commissioner, the
20 Denver office, and offices in the five regions of the Bureau
21 of Reclamation, to remain available until September 30,
22 2015, $60,000,000, to be derived from the Reclamation
23 Fund and be nonreimbursable as provided in 43 U.S.C.
24 377: Provided, That no part of any other appropriation
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387
1 in this Act shall be available for activities or functions
2 budgeted as policy and administration expenses.
3
ADMINISTRATIVE PROVISION
4
Appropriations for the Bureau of Reclamation shall
5 be available for purchase of not to exceed five passenger
6 motor vehicles, which are for replacement only.
7 GENERAL PROVISIONS—DEPARTMENT OF THE
8
INTERIOR
9
SEC. 201. (a) None of the funds provided in title II
10 of this Act for Water and Related Resources, or provided
11 by previous appropriations Acts to the agencies or entities
12 funded in title II of this Act for Water and Related Re13 sources that remain available for obligation or expenditure
14 in fiscal year 2014, shall be available for obligation or ex15 penditure through a reprogramming of funds that—
16
(1) initiates or creates a new program, project,
17
or activity;
18
(2) eliminates a program, project, or activity;
19
(3) increases funds for any program, project, or
20
activity for which funds have been denied or re-
21
stricted by this Act, unless prior approval is received
22
from the Committees on Appropriations of the
23
House of Representatives and the Senate;
24
(4) restarts or resumes any program, project or
25
activity for which funds are not provided in this Act,
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388
1
unless prior approval is received from the Commit-
2
tees on Appropriations of the House of Representa-
3
tives and the Senate;
4
(5) transfers funds in excess of the following
5
limits, unless prior approval is received from the
6
Committees on Appropriations of the House of Rep-
7
resentatives and the Senate:
8
(A) 15 percent for any program, project or
9
activity for which $2,000,000 or more is avail-
10
able at the beginning of the fiscal year; or
11
(B) $300,000 for any program, project or
12
activity for which less than $2,000,000 is avail-
13
able at the beginning of the fiscal year;
14
(6) transfers more than $500,000 from either
15
the Facilities Operation, Maintenance, and Rehabili-
16
tation category or the Resources Management and
17
Development category to any program, project, or
18
activity in the other category, unless prior approval
19
is received from the Committees on Appropriations
20
of the House of Representatives and the Senate; or
21
(7) transfers, where necessary to discharge legal
22
obligations of the Bureau of Reclamation, more than
23
$5,000,000 to provide adequate funds for settled
24
contractor claims, increased contractor earnings due
25
to accelerated rates of operations, and real estate de-
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389
1
ficiency judgments, unless prior approval is received
2
from the Committees on Appropriations of the
3
House of Representatives and the Senate.
4
(b) Subsection (a)(5) shall not apply to any transfer
5 of funds within the Facilities Operation, Maintenance, and
6 Rehabilitation category.
7
(c) For purposes of this section, the term ‘‘transfer’’
8 means any movement of funds into or out of a program,
9 project, or activity.
10
(d) The Bureau of Reclamation shall submit reports
11 on a quarterly basis to the Committees on Appropriations
12 of the House of Representatives and the Senate detailing
13 all the funds reprogrammed between programs, projects,
14 activities, or categories of funding. The first quarterly re15 port shall be submitted not later than 60 days after the
16 date of enactment of this Act.
17
SEC. 202. (a) None of the funds appropriated or oth-
18 erwise made available by this Act may be used to deter19 mine the final point of discharge for the interceptor drain
20 for the San Luis Unit until development by the Secretary
21 of the Interior and the State of California of a plan, which
22 shall conform to the water quality standards of the State
23 of California as approved by the Administrator of the En24 vironmental Protection Agency, to minimize any detri25 mental effect of the San Luis drainage waters.
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390
1
(b) The costs of the Kesterson Reservoir Cleanup
2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the
4 Interior as reimbursable or nonreimbursable and collected
5 until fully repaid pursuant to the ‘‘Cleanup Program-Al6 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative
7 Repayment Plan’’ described in the report entitled ‘‘Repay8 ment Report, Kesterson Reservoir Cleanup Program and
9 San Joaquin Valley Drainage Program, February 1995’’,
10 prepared by the Department of the Interior, Bureau of
11 Reclamation. Any future obligations of funds by the
12 United States relating to, or providing for, drainage serv13 ice or drainage studies for the San Luis Unit shall be fully
14 reimbursable by San Luis Unit beneficiaries of such serv15 ice or studies pursuant to Federal reclamation law.
16
SEC. 203. (a) USE
OF
TECHNICAL MEMORANDUM.—
17 Notwithstanding any other provision of law, until such
18 time as the pipeline reliability study identified in the joint
19 explanatory statement accompanying the Consolidated Ap20 propriations Act, 2012, (Public Law 112–74) is completed
21 and any necessary changes are made to Technical Memo22 randum 8140–CC–2004–1 (‘‘Corrosion Considerations for
23 Buried Metallic Water Pipe’’) in accordance with sub24 section (c)—
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391
1
(1) The Bureau of Reclamation shall not use
2
the Technical Memorandum as the sole basis to deny
3
funding or approval of a project or to disqualify any
4
material from use in severely corrosive soils; and
5
(2) Reclamation shall notify the Committees on
6
Appropriations of the House of Representatives and
7
the Senate prior to advertisement of any project
8
with a buried metallic pipeline where severely corro-
9
sive soils are anticipated to be encountered. The no-
10
tification shall include the corrosion prevention re-
11
quirements that are anticipated to be required in the
12
contract bidding documents.
13
(b) DEVIATIONS.—If the entity that will be the ulti-
14 mate owner of a project requests a deviation from the cor15 rosion prevention requirements that the Bureau of Rec16 lamation proposes for such project, Reclamation shall give
17 expeditious consideration to granting the deviation and in18 clude liability waivers, if appropriate.
19
(c) REVISIONS
TO
TECHNICAL MEMORANDUM.—A
20 proposal to update Technical Memorandum 8140–CC–
21 2004–1 (‘‘Corrosion Considerations for Buried Metallic
22 Water Pipe’’) shall be—
23
(1) Subject to a peer review by appropriate ex-
24
perts not employed or selected by the Bureau of
25
Reclamation and in accordance with the standards
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392
1
referenced in the Office of Management and Budget
2
document ‘‘Final Information Quality Bulletin for
3
Peer Review’’; and
4
(2) Promulgated in accordance with the re-
5
quirements of Reclamation’s Design Standard No. 1
6
(General Design Standards Dated May 2012), and
7
any other applicable law, regulation, or agency proc-
8
ess, including opportunities for meaningful public
9
participation and input.
10
SEC. 204. The Secretary of the Interior may here-
11 after participate in non-Federal groundwater banking pro12 grams to increase the operational flexibility, reliability,
13 and efficient use of water in the State of California, and
14 this participation may include making payment for the
15 storage of Central Valley Project water supplies, the pur16 chase of stored water, the purchase of shares or an inter17 est in ground banking facilities, or the use of Central Val18 ley Project water as a medium of payment for ground19 water banking services: Provided, That the Secretary of
20 the Interior shall participate in groundwater banking pro21 grams only to the extent allowed under State law and con22 sistent with water rights applicable to the Central Valley
23 Project: Provided further, That any water user to which
24 banked water is delivered shall pay for such water in the
25 same manner provided by that water user’s then-current
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393
1 Central Valley Project water service, repayment, or water
2 rights settlement contract at the rate provided by the
3 then-current Central Valley Project Irrigation or Munic4 ipal and Industrial Rate Setting Policies; and: Provided
5 further, That in implementing this section, the Secretary
6 of the Interior shall comply with applicable environmental
7 laws, including the National Environmental Policy Act of
8 1969 (42 U.S.C. 4321 et seq.) and the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein
10 shall alter or limit the Secretary’s existing authority to
11 use groundwater banking to meet existing fish and wildlife
12 obligations.
13
SEC. 205. (a) Subject to compliance with all applica-
14 ble Federal and State laws, a transfer of irrigation water
15 among Central Valley Project contractors from the Friant,
16 San Felipe, West San Joaquin, and Delta divisions, and
17 a transfer from a long-term Friant Division water service
18 or repayment contractor to a temporary or prior tem19 porary service contractors within the place of use in exist20 ence on the date of the transfer, as identified in the Bu21 reau of Reclamation water rights permits for the Friant
22 Division, shall hereafter be considered to meet the condi23 tions described in subparagraphs (A) and (I) of section
24 3405(a)(1) of the Reclamation Projects Authorization and
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394
1 Adjustment Act of 1992 (Public Law 102–575; 106 Stat.
2 4709).
3
(b) The Secretary of the Interior, acting through the
4 Director of the United States Fish and Wildlife Service
5 and the Commissioner of the Bureau of Reclamation shall
6 initiate and complete, on the most expedited basis prac7 ticable, programmatic environmental compliance so as to
8 facilitate voluntary water transfers within the Central Val9 ley Project, consistent with all applicable Federal and
10 State law.
11
(c) Not later than 180 days after the date of enact-
12 ment of this Act and each of the 4 years thereafter, the
13 Commissioner of the Bureau of Reclamation shall submit
14 to the Committee on Appropriations of the House of Rep15 resentatives and the Committee on Appropriations of the
16 Senate a report that describes the status of efforts to help
17 facilitate and improve the water transfers within the Cen18 tral Valley Project and water transfers between the Cen19 tral Valley Project and other water projects in the State
20 of California; evaluates potential effects of this Act on
21 Federal programs, Indian tribes, Central Valley Project
22 operations, the environment, groundwater aquifers, ref23 uges, and communities; and provides recommendations on
24 ways to facilitate and improve the process for these trans25 fers.
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395
1
SEC. 206. Section 104(c) of the Reclamation States
2 Emergency Drought Relief Act of 1991 (43 U.S.C.
3 2214(c)) is amended by striking ‘‘2012’’ and inserting
4 ‘‘2017’’.
5
SEC. 207. Title I of Public Law 108–361 (the Calfed
6 Bay-Delta Authorization Act) (118 Stat. 1681), as
7 amended by section 210 of Public Law 111–85, is amend8 ed by striking ‘‘2014’’ each place it appears and inserting
9 ‘‘2015’’.
10
SEC. 208. The Secretary may hereafter partner, pro-
11 vide a grant to, or enter into a cooperative agreement with
12 local joint powers authorities formed pursuant to State
13 law by irrigation districts and other local water districts
14 and local governments, to advance planning and feasibility
15 studies authorized by Congress for water storage project:
16 Provided, That the Secretary shall ensure that all docu17 ments associated with the preparation of planning and fea18 sibility studies and applicable environmental reviews under
19 the National Environmental Policy Act for a project cov20 ered by this section shall be made available to any joint
21 powers authority with whom the Secretary enters into an
22 agreement to advance such project: Provided further, That
23 the Secretary, acting through the Commissioner of the
24 Bureau of Reclamation, shall ensure that all applicable en25 vironmental reviews under the National Environmental
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396
1 Policy Act, to the degree such reviews are required, are
2 completed on an expeditious basis and that the shortest
3 existing applicable process under the National Environ4 mental Policy Act shall be utilized, including in the com5 pletion of feasibility studies, Draft Environmental Impact
6 Statements (DEIS) and Final Environmental Impact
7 Statements (FEIS): Provided further, That the Bureau of
8 Reclamation need not complete the applicable feasibility
9 study, DEIS or FEIS if the Commissioner determines,
10 and the Secretary concurs, that the project can be expe11 dited by a joint powers authority as a non-Federal project
12 or if the project fails to meet applicable Federal cost-ben13 efit requirements or standards: Provided further, That the
14 Secretary shall not provide financial assistance towards
15 these studies or projects, unless there is a demonstrable
16 Federal interest.
17
SEC. 209. Section 9 of the Fort Peck Reservation
18 Rural Water System Act of 2000 (Public Law 106–382;
19 114 Stat. 1457, 123 Stat. 2856) is amended by striking
20 ‘‘2015’’ each place it appears in subsections (a)(1) and
21 (b) and inserting ‘‘2020’’.
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397
1
TITLE III
2
DEPARTMENT OF ENERGY
3
ENERGY PROGRAMS
4
5
ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
6
For Department of Energy expenses including the
7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy
9 efficiency and renewable energy activities in carrying out
10 the purposes of the Department of Energy Organization
11 Act (42 U.S.C. 7101 et seq.), including the acquisition or
12 condemnation of any real property or any facility or for
13 plant or facility acquisition, construction, or expansion,
14 $1,912,104,111, to remain available until expended: Pro15 vided, That $162,000,000 shall be available until Sep16 tember 30, 2015, for program direction: Provided further,
17 That of the amount provided under this heading, the Sec18 retary may transfer up to $45,000,000 to the Defense
19 Production Act Fund for activities of the Department of
20 Energy pursuant to the Defense Production Act of 1950
21 (50 U.S.C. App. 2061, et seq.): Provided further, That
22 $4,711,100 from Public Law 111–8 and $5,707,011 from
23 Public Law 111–85 provided under this heading are here24 by rescinded: Provided further, That no amounts may be
25 rescinded from amounts that were designated by the Con-
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398
1 gress as an emergency requirement pursuant to a concur2 rent resolution on the budget or the Balanced Budget and
3 Emergency Deficit Control Act of 1985.
4
ELECTRICITY DELIVERY
5
AND
ENERGY RELIABILITY
For Department of Energy expenses including the
6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for elec8 tricity delivery and energy reliability activities in carrying
9 out the purposes of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi11 tion or condemnation of any real property or any facility
12 or for plant or facility acquisition, construction, or expan13 sion, $147,306,000, to remain available until expended:
14 Provided, That $27,606,000 shall be available until Sep15 tember 30, 2015, for program direction.
16
NUCLEAR ENERGY
17
For Department of Energy expenses including the
18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for nuclear
20 energy activities in carrying out the purposes of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et
22 seq.), including the acquisition or condemnation of any
23 real property or any facility or for plant or facility acquisi24 tion, construction, or expansion, and the purchase of not
25 more than 10 buses and 2 ambulances, all for replacement
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399
1 only, $889,190,000, to remain available until expended:
2 Provided, That of the amount made available under this
3 heading, $90,000,000 shall be available until September
4 30, 2015, for program direction.
5
FOSSIL ENERGY RESEARCH
6
For necessary expenses in carrying out fossil energy
AND
DEVELOPMENT
7 research and development activities, under the authority
8 of the Department of Energy Organization Act (Public
9 Law 95–91), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property
11 or any facility or for plant or facility acquisition or expan12 sion, and for conducting inquiries, technological investiga13 tions and research concerning the extraction, processing,
14 use, and disposal of mineral substances without objection15 able social and environmental costs (30 U.S.C. 3, 1602,
16 and 1603), $562,065,000, to remain available until ex17 pended: Provided, That $120,000,000 shall be available
18 until September 30, 2015, for program direction: Provided
19 further, That for all programs funded under Fossil Energy
20 appropriations in this and subsequent Acts, the Secretary
21 may vest fee title or other property interests acquired
22 under projects in any entity, including the United States.
23
NAVAL PETROLEUM
24
For expenses necessary to carry out naval petroleum
AND
OIL SHALE RESERVES
25 and oil shale reserve activities, $20,000,000, to remain
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400
1 available until expended: Provided, That, notwithstanding
2 any other provision of law, unobligated funds remaining
3 from prior years shall be available for all naval petroleum
4 and oil shale reserve activities.
5
STRATEGIC PETROLEUM RESERVE
6
For necessary expenses for Strategic Petroleum Re-
7 serve facility development and operations and program
8 management activities pursuant to the Energy Policy and
9 Conservation Act (42 U.S.C. 6201 et seq.), $189,400,000,
10 to remain available until expended.
11
NORTHEAST HOME HEATING OIL RESERVE
12
For necessary expenses for Northeast Home Heating
13 Oil Reserve storage, operation, and management activities
14 pursuant to the Energy Policy and Conservation Act (42
15 U.S.C. 6201 et seq.), $8,000,000, to remain available until
16 expended.
17
ENERGY INFORMATION ADMINISTRATION
18
For necessary expenses in carrying out the activities
19 of the Energy Information Administration, $117,000,000,
20 to remain available until expended.
21
NON-DEFENSE ENVIRONMENTAL CLEANUP
22
For Department of Energy expenses, including the
23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the
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401
1 purposes of the Department of Energy Organization Act
2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant
4 or
facility
acquisition,
construction,
or
expansion,
5 $231,765,000, to remain available until expended.
6
URANIUM ENRICHMENT DECONTAMINATION
7
AND
DECOMMISSIONING FUND
8
For necessary expenses in carrying out uranium en-
9 richment facility decontamination and decommissioning,
10 remedial actions, and other activities of title II of the
11 Atomic Energy Act of 1954, and title X, subtitle A, of
12 the Energy Policy Act of 1992, $598,823,000, to be de13 rived from the Uranium Enrichment Decontamination and
14 Decommissioning Fund, to remain available until ex15 pended.
16
SCIENCE
17
For Department of Energy expenses including the
18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for science
20 activities in carrying out the purposes of the Department
21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or facility or for plant or facility acquisition, construc24 tion, or expansion, and purchase of not more than 25 pas25 senger motor vehicles for replacement only, including one
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402
1 law enforcement vehicle, one ambulance, and one bus,
2 $5,071,000,000, to remain available until expended: Pro3 vided, That $185,000,000 shall be available until Sep4 tember 30, 2015, for program direction: Provided further,
5 That not more than $22,790,000 may be made available
6 for U.S. cash contributions to the International Thermo7 nuclear Experimental Reactor project until its governing
8 Council adopts the recommendations of the Third Biennial
9 International Organization Management Assessment Re10 port: Provided further, That the Secretary of Energy may
11 waive this requirement upon submission to the Commit12 tees on Appropriations of the House of Representatives
13 and the Senate a determination that the Council is making
14 satisfactory progress towards adoption of such rec15 ommendations.
16
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
17
For necessary expenses in carrying out the activities
18 authorized by section 5012 of the America COMPETES
19 Act (Public Law 110–69), as amended, $280,000,000, to
20 remain
available
until
expended:
Provided,
That
21 $28,000,000 shall be available until September 30, 2015,
22 for program direction.
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403
1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE
2
PROGRAM
3
Such sums as are derived from amounts received
4 from borrowers pursuant to section 1702(b) of the Energy
5 Policy Act of 2005 under this heading in prior Acts, shall
6 be collected in accordance with section 502(7) of the Con7 gressional Budget Act of 1974: Provided, That, for nec8 essary administrative expenses to carry out this Loan
9 Guarantee program, $42,000,000 is appropriated, to re10 main available until September 30, 2015: Provided further,
11 That $22,000,000 of the fees collected pursuant to section
12 1702(h) of the Energy Policy Act of 2005 shall be credited
13 as offsetting collections to this account to cover adminis14 trative expenses and shall remain available until expended,
15 so as to result in a final fiscal year 2014 appropriation
16 from the general fund estimated at not more than
17 $20,000,000: Provided further, That fees collected under
18 section 1702(h) in excess of the amount appropriated for
19 administrative expenses shall not be available until appro20 priated: Provided further, That the Department of Energy
21 shall not subordinate any loan obligation to other financ22 ing in violation of section 1702 of the Energy Policy Act
23 of 2005 (42 U.S.C. 16512) or subordinate any Guaran24 teed Obligation to any loan or other debt obligations in
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404
1 violation of section 609.10 of title 10, Code of Federal
2 Regulations.
3
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
4
LOAN PROGRAM
5
For administrative expenses in carrying out the Ad-
6 vanced Technology Vehicles Manufacturing Loan Pro7 gram, $6,000,000, to remain available until September 30,
8 2015.
9
DEPARTMENTAL ADMINISTRATION
10
For salaries and expenses of the Department of En-
11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), $234,637,000, to
14 remain available until September 30, 2015, including the
15 hire of passenger motor vehicles and official reception and
16 representation expenses not to exceed $30,000, plus such
17 additional amounts as necessary to cover increases in the
18 estimated amount of cost of work for others notwith19 standing the provisions of the Anti-Deficiency Act (31
20 U.S.C. 1511 et seq.): Provided, That such increases in
21 cost of work are offset by revenue increases of the same
22 or greater amount: Provided further, That moneys received
23 by the Department for miscellaneous revenues estimated
24 to total $108,188,000 in fiscal year 2014 may be retained
25 and used for operating expenses within this account, as
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405
1 authorized by section 201 of Public Law 95–238, notwith2 standing the provisions of 31 U.S.C. 3302: Provided fur3 ther, That the sum herein appropriated shall be reduced
4 as collections are received during the fiscal year so as to
5 result in a final fiscal year 2014 appropriation from the
6 general fund estimated at not more than $126,449,000.
7
OFFICE
8
OF THE INSPECTOR
GENERAL
For necessary expenses of the Office of the Inspector
9 General in carrying out the provisions of the Inspector
10 General Act of 1978, $42,120,000, to remain available
11 until September 30, 2015.
12
ATOMIC ENERGY DEFENSE ACTIVITIES
13
NATIONAL NUCLEAR SECURITY
14
ADMINISTRATION
15
WEAPONS ACTIVITIES
16
(INCLUDING RESCISSION OF FUNDS)
17
For Department of Energy expenses, including the
18 purchase, construction, and acquisition of plant and cap19 ital equipment and other incidental expenses necessary for
20 atomic energy defense weapons activities in carrying out
21 the purposes of the Department of Energy Organization
22 Act (42 U.S.C. 7101 et seq.), including the acquisition or
23 condemnation of any real property or any facility or for
24 plant or facility acquisition, construction, or expansion,
25 and the purchase of not to exceed one ambulance,
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406
1 $7,845,000,000, to remain available until expended: Pro2 vided, That of such amount not more than $40,000,000
3 may be made available for B83 Stockpile Systems until
4 the Nuclear Weapons Council certifies to the Committees
5 on Appropriations of the House of Representatives and the
6 Senate that the B83 gravity bomb will be retired by fiscal
7 year 2025 or as soon as confidence in the B61–12 stock8 pile is gained: Provided further, That of the unobligated
9 balances from prior year appropriations available under
10 this heading, $64,000,000 is hereby rescinded: Provided
11 further, That no amounts may be rescinded from amounts
12 that were designated by the Congress as an emergency re13 quirement pursuant to a concurrent resolution on the
14 budget or the Balanced Budget and Emergency Deficit
15 Control Act of 1985.
16
DEFENSE NUCLEAR NONPROLIFERATION
17
For Department of Energy expenses, including the
18 purchase, construction, and acquisition of plant and cap19 ital equipment and other incidental expenses necessary for
20 defense nuclear nonproliferation activities, in carrying out
21 the purposes of the Department of Energy Organization
22 Act (42 U.S.C. 7101 et seq.), including the acquisition or
23 condemnation of any real property or any facility or for
24 plant or facility acquisition, construction, or expansion,
25 $1,954,000,000, to remain available until expended.
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407
1
NAVAL REACTORS
2
For Department of Energy expenses necessary for
3 naval reactors activities to carry out the Department of
4 Energy Organization Act (42 U.S.C. 7101 et seq.), includ5 ing the acquisition (by purchase, condemnation, construc6 tion, or otherwise) of real property, plant, and capital
7 equipment,
facilities,
and
facility
expansion,
8 $1,095,000,000, to remain available until expended: Pro9 vided, That $43,212,000 shall be available until Sep10 tember 30, 2015, for program direction.
11
OFFICE
12
OF THE
ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
13 trator in the National Nuclear Security Administration,
14 $377,000,000, to remain available until September 30,
15 2015, including official reception and representation ex16 penses not to exceed $12,000.
17
ENVIRONMENTAL AND OTHER DEFENSE
18
ACTIVITIES
19
DEFENSE ENVIRONMENTAL CLEANUP
20
For Department of Energy expenses, including the
21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic
23 energy defense environmental cleanup activities in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the acqui-
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408
1 sition or condemnation of any real property or any facility
2 or for plant or facility acquisition, construction, or expan3 sion, and the purchase of not to exceed one sport utility
4 vehicle, three lube trucks, and one fire truck for replace5 ment only, $5,000,000,000, to remain available until ex6 pended: Provided, That $300,000,000 shall be available
7 until September 30, 2015, for program direction.
8
OTHER DEFENSE ACTIVITIES
9
For Department of Energy expenses, including the
10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses, necessary for atomic
12 energy defense, other defense activities, and classified ac13 tivities, in carrying out the purposes of the Department
14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or any facility or for plant or facility acquisition, con17 struction, or expansion, $755,000,000, to remain available
18 until expended: Provided, That $127,035,000 shall be
19 available until September 30, 2015, for program direction.
20
POWER MARKETING ADMINISTRATIONS
21
BONNEVILLE POWER ADMINISTRATION FUND
22
Expenditures from the Bonneville Power Administra-
23 tion Fund, established pursuant to Public Law 93–454,
24 are approved for construction of, or participating in the
25 construction of, a high voltage line from Bonneville’s high
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409
1 voltage system to the service areas of requirements cus2 tomers located within Bonneville’s service area in southern
3 Idaho, southern Montana, and western Wyoming; and
4 such line may extend to, and interconnect in, the Pacific
5 Northwest with lines between the Pacific Northwest and
6 the Pacific Southwest, and for John Day Reprogramming
7 and Construction, the Columbia River Basin White Stur8 geon Hatchery, and Kelt Reconditioning and Reproductive
9 Success Evaluation Research, and, in addition, for official
10 reception and representation expenses in an amount not
11 to exceed $5,000: Provided, That during fiscal year 2014,
12 no new direct loan obligations may be made.
13 OPERATION
AND
MAINTENANCE, SOUTHEASTERN POWER
14
ADMINISTRATION
15
For necessary expenses of operation and maintenance
16 of power transmission facilities and of marketing electric
17 power and energy, including transmission wheeling and
18 ancillary services, pursuant to section 5 of the Flood Con19 trol Act of 1944 (16 U.S.C. 825s), as applied to the south20 eastern power area, and including official reception and
21 representation expenses in an amount not to exceed
22 $1,500, $7,750,000, to remain available until expended:
23 Provided, That notwithstanding 31 U.S.C. 3302 and sec24 tion 5 of the Flood Control Act of 1944, up to $7,750,000
25 collected by the Southeastern Power Administration from
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410
1 the sale of power and related services shall be credited to
2 this account as discretionary offsetting collections, to re3 main available until expended for the sole purpose of fund4 ing the annual expenses of the Southeastern Power Ad5 ministration: Provided further, That the sum herein appro6 priated for annual expenses shall be reduced as collections
7 are received during the fiscal year so as to result in a final
8 fiscal year 2014 appropriation estimated at not more than
9 $0: Provided further, That, notwithstanding 31 U.S.C.
10 3302, up to $78,081,000 collected by the Southeastern
11 Power Administration pursuant to the Flood Control Act
12 of 1944 to recover purchase power and wheeling expenses
13 shall be credited to this account as offsetting collections,
14 to remain available until expended for the sole purpose
15 of making purchase power and wheeling expenditures:
16 Provided further, That for purposes of this appropriation,
17 annual expenses means expenditures that are generally re18 covered in the same year that they are incurred (excluding
19 purchase power and wheeling expenses).
20
OPERATION
21
AND
MAINTENANCE, SOUTHWESTERN
POWER ADMINISTRATION
22
For necessary expenses of operation and maintenance
23 of power transmission facilities and of marketing electric
24 power and energy, for construction and acquisition of
25 transmission lines, substations and appurtenant facilities,
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411
1 and for administrative expenses, including official recep2 tion and representation expenses in an amount not to ex3 ceed $1,500 in carrying out section 5 of the Flood Control
4 Act of 1944 (16 U.S.C. 825s), as applied to the South5 western Power Administration, $45,456,000, to remain
6 available until expended: Provided, That notwithstanding
7 31 U.S.C. 3302 and section 5 of the Flood Control Act
8 of 1944 (16 U.S.C. 825s), up to $33,564,000 collected
9 by the Southwestern Power Administration from the sale
10 of power and related services shall be credited to this ac11 count as discretionary offsetting collections, to remain
12 available until expended, for the sole purpose of funding
13 the annual expenses of the Southwestern Power Adminis14 tration: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections
16 are received during the fiscal year so as to result in a final
17 fiscal year 2014 appropriation estimated at not more than
18 $11,892,000: Provided further, That, notwithstanding 31
19 U.S.C. 3302, up to $42,000,000 collected by the South20 western Power Administration pursuant to the Flood Con21 trol Act of 1944 to recover purchase power and wheeling
22 expenses shall be credited to this account as offsetting col23 lections, to remain available until expended for the sole
24 purpose of making purchase power and wheeling expendi25 tures: Provided further, That, for purposes of this appro-
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412
1 priation, annual expenses means expenditures that are
2 generally recovered in the same year that they are in3 curred (excluding purchase power and wheeling expenses).
4 CONSTRUCTION,
REHABILITATION,
OPERATION
AND
5
MAINTENANCE, WESTERN AREA POWER ADMINIS-
6
TRATION
7
For carrying out the functions authorized by title III,
8 section 302(a)(1)(E) of the Act of August 4, 1977 (42
9 U.S.C. 7152), and other related activities including con10 servation and renewable resources programs as author11 ized, including official reception and representation ex12 penses in an amount not to exceed $1,500, $299,919,000,
13 to remain available until expended, of which $292,019,000
14 shall be derived from the Department of the Interior Rec15 lamation Fund: Provided, That notwithstanding 31 U.S.C.
16 3302, section 5 of the Flood Control Act of 1944 (16
17 U.S.C. 825s), and section 1 of the Interior Department
18 Appropriation Act, 1939 (43 U.S.C. 392a), up to
19 $203,989,000 collected by the Western Area Power Ad20 ministration from the sale of power and related services
21 shall be credited to this account as discretionary offsetting
22 collections, to remain available until expended, for the sole
23 purpose of funding the annual expenses of the Western
24 Area Power Administration: Provided further, That the
25 sum herein appropriated for annual expenses shall be re-
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413
1 duced as collections are received during the fiscal year so
2 as to result in a final fiscal year 2014 appropriation esti3 mated at not more than $95,930,000, of which
4 $88,030,000 is derived from the Reclamation Fund: Pro5 vided further, That notwithstanding 31 U.S.C. 3302, up
6 to $230,738,000 collected by the Western Area Power Ad7 ministration pursuant to the Flood Control Act of 1944
8 and the Reclamation Project Act of 1939 to recover pur9 chase power and wheeling expenses shall be credited to
10 this account as offsetting collections, to remain available
11 until expended for the sole purpose of making purchase
12 power and wheeling expenditures: Provided further, That
13 for purposes of this appropriation, annual expenses means
14 expenditures that are generally recovered in the same year
15 that they are incurred (excluding purchase power and
16 wheeling expenses): Provided further, That for purposes
17 of this appropriation in this and subsequent Acts, pur18 chase power and wheeling expenses includes the cost of
19 voluntary purchases of power allowances in compliance
20 with state greenhouse gas programs existing at the time
21 of enactment of this Act.
22
FALCON
AND
AMISTAD OPERATING
23
AND
MAINTENANCE
FUND
24
For operation, maintenance, and emergency costs for
25 the hydroelectric facilities at the Falcon and Amistad
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414
1 Dams, $5,330,671, to remain available until expended,
2 and to be derived from the Falcon and Amistad Operating
3 and Maintenance Fund of the Western Area Power Ad4 ministration, as provided in section 2 of the Act of June
5 18, 1954 (68 Stat. 255): Provided, That notwithstanding
6 the provisions of that Act and of 31 U.S.C. 3302, up to
7 $4,910,671 collected by the Western Area Power Adminis8 tration from the sale of power and related services from
9 the Falcon and Amistad Dams shall be credited to this
10 account as discretionary offsetting collections, to remain
11 available until expended for the sole purpose of funding
12 the annual expenses of the hydroelectric facilities of these
13 Dams and associated Western Area Power Administration
14 activities: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections
16 are received during the fiscal year so as to result in a final
17 fiscal year 2014 appropriation estimated at not more than
18 $420,000: Provided further, That for purposes of this ap19 propriation, annual expenses means expenditures that are
20 generally recovered in the same year that they are in21 curred: Provided further, That for fiscal year 2014, the
22 Administrator of the Western Area Power Administration
23 may accept up to $865,000 in funds contributed by United
24 States power customers of the Falcon and Amistad Dams
25 for deposit into the Falcon and Amistad Operating and
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415
1 Maintenance Fund, and such funds shall be available for
2 the purpose for which contributed in like manner as if said
3 sums had been specifically appropriated for such purpose:
4 Provided further, That any such funds shall be available
5 without further appropriation and without fiscal year limi6 tation for use by the Commissioner of the United States
7 Section of the International Boundary and Water Com8 mission for the sole purpose of operating, maintaining, re9 pairing, rehabilitating, replacing, or upgrading the hydro10 electric facilities at these Dams in accordance with agree11 ments reached between the Administrator, Commissioner,
12 and the power customers.
13
FEDERAL ENERGY REGULATORY COMMISSION
14
SALARIES AND EXPENSES
15
For necessary expenses of the Federal Energy Regu-
16 latory Commission to carry out the provisions of the De17 partment of Energy Organization Act (42 U.S.C. 7101 et
18 seq.), including services as authorized by 5 U.S.C. 3109,
19 the hire of passenger motor vehicles, and official reception
20 and representation expenses not to exceed $3,000,
21 $304,600,000, to remain available until expended: Pro22 vided, That notwithstanding any other provision of law,
23 not to exceed $304,600,000 of revenues from fees and an24 nual charges, and other services and collections in fiscal
25 year 2014 shall be retained and used for necessary ex-
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416
1 penses in this account, and shall remain available until
2 expended: Provided further, That the sum herein appro3 priated from the general fund shall be reduced as revenues
4 are received during fiscal year 2014 so as to result in a
5 final fiscal year 2014 appropriation from the general fund
6 estimated at not more than $0.
7
GENERAL PROVISIONS—DEPARTMENT OF
8
ENERGY
9
(INCLUDING TRANSFER OF FUNDS)
10
SEC. 301. (a) No appropriation, funds, or authority
11 made available by this title for the Department of Energy
12 shall be used to initiate or resume any program, project,
13 or activity or to prepare or initiate Requests For Proposals
14 or
similar
arrangements
(including
Requests
for
15 Quotations, Requests for Information, and Funding Op16 portunity Announcements) for a program, project, or ac17 tivity if the program, project, or activity has not been
18 funded by Congress.
19
(b)(1) Unless the Secretary of Energy notifies the
20 Committees on Appropriations of the House of Represent21 atives and the Senate at least 3 full business days in ad22 vance, none of the funds made available in this title may
23 be used to—
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417
1
(A) make a grant allocation or discre-
2
tionary grant award totaling $1,000,000 or
3
more;
4
(B) make a discretionary contract award
5
or
6
$1,000,000 or more, including a contract cov-
7
ered by the Federal Acquisition Regulation;
Other
Transaction
Agreement
totaling
8
(C) issue a letter of intent to make an allo-
9
cation, award, or Agreement in excess of the
10
limits in subparagraph (A) or (B); or
11
(D) announce publicly the intention to
12
make an allocation, award, or Agreement in ex-
13
cess of the limits in subparagraph (A) or (B).
14
(2) The Secretary of Energy shall submit to the
15
Committees on Appropriations of the House of Rep-
16
resentatives and the Senate within 15 days of the
17
conclusion of each quarter a report detailing each
18
grant allocation or discretionary grant award total-
19
ing less than $1,000,000 provided during the pre-
20
vious quarter.
21
(3) The notification required by paragraph (1)
22
and the report required by paragraph (2) shall in-
23
clude the recipient of the award, the amount of the
24
award, the fiscal year for which the funds for the
25
award were appropriated, the account and program,
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418
1
project, or activity from which the funds are being
2
drawn, the title of the award, and a brief description
3
of the activity for which the award is made.
4
(c) The Department of Energy may not, with respect
5 to any program, project, or activity that uses budget au6 thority made available in this title under the heading ‘‘De7 partment of Energy—Energy Programs’’, enter into a
8 multiyear contract, award a multiyear grant, or enter into
9 a multiyear cooperative agreement unless—
10
(1) the contract, grant, or cooperative agree-
11
ment is funded for the full period of performance as
12
anticipated at the time of award; or
13
(2) the contract, grant, or cooperative agree-
14
ment includes a clause conditioning the Federal Gov-
15
ernment’s obligation on the availability of future
16
year budget authority and the Secretary notifies the
17
Committees on Appropriations of the House of Rep-
18
resentatives and the Senate at least 3 days in ad-
19
vance.
20
(d) Except as provided in subsections (e), (f), and (g),
21 the amounts made available by this title shall be expended
22 as authorized by law for the programs, projects, and ac23 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De24 partment of Energy’’ table included under the heading
25 ‘‘Title III—Department of Energy’’ in the explanatory
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419
1 statement described in section 4 (in the matter preceding
2 division A of this consolidated Act).
3
(e) The amounts made available by this title may be
4 reprogrammed for any program, project, or activity, and
5 the Department shall notify the Committees on Appropria6 tions of the House of Representatives and the Senate at
7 least 30 days prior to the use of any proposed reprogram8 ming which would cause any program, project, or activity
9 funding level to increase or decrease by more than
10 $5,000,000 or 10 percent, whichever is less, during the
11 time period covered by this Act.
12
(f) None of the funds provided in this title shall be
13 available for obligation or expenditure through a re14 programming of funds that—
15
(1) creates, initiates, or eliminates a program,
16
project, or activity;
17
(2) increases funds or personnel for any pro-
18
gram, project, or activity for which funds are denied
19
or restricted by this Act; or
20
(3) reduces funds that are directed to be used
21
for a specific program, project, or activity by this
22
Act.
23
(g)(1) The Secretary of Energy may waive any re-
24 quirement or restriction in this section that applies to the
25 use of funds made available for the Department of Energy
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420
1 if compliance with such requirement or restriction would
2 pose a substantial risk to human health, the environment,
3 welfare, or national security.
4
(2) The Secretary of Energy shall notify the
5
Committees on Appropriations of the House of Rep-
6
resentatives and the Senate of any waiver under
7
paragraph (1) as soon as practicable, but not later
8
than 3 days after the date of the activity to which
9
a requirement or restriction would otherwise have
10
applied. Such notice shall include an explanation of
11
the substantial risk under paragraph (1) that per-
12
mitted such waiver.
13
SEC. 302. The unexpended balances of prior appro-
14 priations provided for activities in this Act may be avail15 able to the same appropriation accounts for such activities
16 established pursuant to this title. Available balances may
17 be merged with funds in the applicable established ac18 counts and thereafter may be accounted for as one fund
19 for the same time period as originally enacted.
20
SEC. 303. Funds appropriated by this or any other
21 Act, or made available by the transfer of funds in this
22 Act, for intelligence activities are deemed to be specifically
23 authorized by the Congress for purposes of section 504
24 of the National Security Act of 1947 (50 U.S.C. 414) dur-
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421
1 ing fiscal year 2014 until the enactment of the Intelligence
2 Authorization Act for fiscal year 2014.
3
SEC. 304. None of the funds made available in this
4 title shall be used for the construction of facilities classi5 fied as high-hazard nuclear facilities under 10 CFR Part
6 830 unless independent oversight is conducted by the Of7 fice of Health, Safety, and Security to ensure the project
8 is in compliance with nuclear safety requirements.
9
SEC. 305. None of the funds made available in this
10 title may be used to approve critical decision-2 or critical
11 decision-3 under Department of Energy Order 413.3B, or
12 any successive departmental guidance, for construction
13 projects
where
the
total
project
cost
exceeds
14 $100,000,000, until a separate independent cost estimate
15 has been developed for the project for that critical deci16 sion.
17
SEC. 306. (a) Any determination (including a deter-
18 mination made prior to the date of enactment of this Act)
19 by the Secretary pursuant to section 3112(d)(2)(B) of the
20 USEC Privatization Act (110 Stat. 1321–335), as amend21 ed, shall be valid for not more than 2 calendar years sub22 sequent to such determination.
23
(b) Not less than 30 days prior to the provision of
24 uranium in any form the Secretary shall notify the House
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422
1 and Senate Committees on Appropriations of the fol2 lowing:
3
(1) the amount of uranium to be provided;
4
(2) an estimate by the Secretary of the gross
5
fair market value of the uranium on the expected
6
date of the provision of the uranium;
7
(3) the expected date of the provision of the
8
uranium;
9
(4) the recipient of the uranium; and
10
(5) the value the Secretary expects to receive in
11
exchange for the uranium, including any adjust-
12
ments to the gross fair market value of the uranium.
13
SEC. 307. Section 20320 of the Continuing Appro-
14 priations Resolution, 2007, Public Law 109–289, division
15 B, as amended by the Revised Continuing Appropriations
16 Resolution, 2007, Public Law 110–5, is amended by strik17 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’
18 and inserting in lieu thereof ‘‘a review every three years’’.
19
SEC. 308. None of the funds made available by this
20 or any subsequent Act for fiscal year 2014 or any fiscal
21 year hereafter may be used to pay the salaries of Depart22 ment of Energy employees to carry out the amendments
23 made by section 407 of division A of the American Recov24 ery and Reinvestment Act of 2009.
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423
1
SEC. 309. Notwithstanding section 307 of Public Law
2 111–85, of the funds made available by the Department
3 of Energy for activities at Government-owned, contractor4 operated laboratories funded in this or any subsequent
5 Energy and Water Development Appropriations Act for
6 any fiscal year, the Secretary may authorize a specific
7 amount, not to exceed 6 percent of such funds, to be used
8 by such laboratories for laboratory directed research and
9 development.
10
SEC. 310. Notwithstanding section 301(c) of this Act,
11 none of the funds made available under the heading ‘‘De12 partment of Energy—Energy Programs—Science’’ may
13 be used for a multiyear contract, grant, cooperative agree14 ment, or Other Transaction Agreement of $1,000,000 or
15 less unless the contract, grant, cooperative agreement, or
16 Other Transaction Agreement is funded for the full period
17 of performance as anticipated at the time of award.
18
SEC. 311. (a) Not later than June 30, 2014, the Sec-
19 retary shall submit to the Committees on Appropriations
20 of the House of Representatives and the Senate a tritium
21 and enriched uranium management plan that provides—
22
(1) an assessment of the national security de-
23
mand for tritium and low and highly enriched ura-
24
nium through 2060;
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1
(2) a description of the Department of Energy’s
2
plan to provide adequate amounts of tritium and en-
3
riched uranium for national security purposes
4
through 2060; and
5
(3) an analysis of planned and alternative tech-
6
nologies which are available to meet the supply
7
needs for tritium and enriched uranium for national
8
security purposes, including weapons dismantlement
9
and down-blending.
10
(b) The analysis provided by (a)(3) shall include a
11 detailed estimate of the near- and long-term costs to the
12 Department of Energy should the Tennessee Valley Au13 thority no longer be a viable tritium supplier.
14
SEC. 312. The Secretary of Energy shall submit to
15 the congressional defense committees (as defined in
16 U.S.C. 101(a)(16)), a report on each major warhead re17 furbishment program that reaches the Phase 6.3 mile18 stone, and not later than April 1, 2014 for the B61–12
19 life extension program, that provides an analysis of alter20 natives which includes—
21
(1) a full description of alternatives considered
22
prior to the award of Phase 6.3;
23
(2) a comparison of the costs and benefits of
24
each of those alternatives, to include an analysis of
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1
trade-offs among cost, schedule, and performance
2
objectives against each alternative considered;
3
(3) identification of the cost and risk of critical
4
technology elements associated with each alternative,
5
including technology maturity, integration risk, man-
6
ufacturing feasibility, and demonstration needs;
7
(4) identification of the cost and risk of addi-
8
tional capital asset and infrastructure capabilities
9
required to support production and certification of
10
each alternative;
11
(5) a comparative analysis of the risks, costs,
12
and scheduling needs for any military requirement
13
intended to enhance warhead safety, security, or
14
maintainability, including any requirement to con-
15
solidate and/or integrate warhead systems or mods
16
as compared to at least one other feasible refurbish-
17
ment alternative the Nuclear Weapons Council con-
18
siders appropriate; and
19
(6) a life-cycle cost estimate for the alternative
20
selected that details the overall cost, scope, and
21
schedule planning assumptions. For the B61–12 life
22
extension program, the life cycle cost estimate shall
23
include an analysis of reduced life cycle costs for Op-
24
tion 3b, including cost savings from consolidating
25
the different B61 variants.
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426
1
SEC. 313. (a) IN GENERAL.—Subject to subsections
2 (b) through (d), the Secretary may appoint, without re3 gard to the provisions of chapter 33 of title 5, United
4 States Code, governing appointments in the competitive
5 service, exceptionally well qualified individuals to sci6 entific, engineering, or other critical technical positions.
7
(b) LIMITATIONS.—
8
(1) NUMBER
OF POSITIONS.—The
number of
9
critical positions authorized by subsection (a) may
10
not exceed 120 at any one time in the Department.
11
(2) TERM.—The term of an appointment under
12
subsection (a) may not exceed 4 years.
13
(3) PRIOR
EMPLOYMENT.—An
individual ap-
14
pointed under subsection (a) shall not have been a
15
Department employee during the 2-year period end-
16
ing on the date of appointment.
17
(4) PAY.—
18
(A) IN
GENERAL.—The
Secretary shall
19
have the authority to fix the basic pay of an in-
20
dividual appointed under subsection (a) at a
21
rate to be determined by the Secretary up to
22
level I of the Executive Schedule without regard
23
to the civil service laws.
24
(B) TOTAL
25
ANNUAL COMPENSATION.—The
total annual compensation for any individual
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427
1
appointed under subsection (a) may not exceed
2
the highest total annual compensation payable
3
at the rate determined under section 104 of
4
title 3, United States Code.
5
(5) ADVERSE
ACTIONS.—An
individual ap-
6
pointed under subsection (a) may not be considered
7
to be an employee for purposes of subchapter II of
8
chapter 75 of title 5, United States Code.
9
(c) REQUIREMENTS.—
10
(1) IN
11
GENERAL.—The
Secretary shall ensure
that—
12
(A) the exercise of the authority granted
13
under subsection (a) is consistent with the
14
merit principles of section 2301 of title 5,
15
United States Code; and
16
(B) the Department notifies diverse profes-
17
sional associations and institutions of higher
18
education, including those serving the interests
19
of women and racial or ethnic minorities that
20
are underrepresented in scientific, engineering,
21
and mathematical fields, of position openings as
22
appropriate.
23
(2) REPORT.—Not later than 2 years after the
24
date of enactment of this Act, the Secretary and the
25
Director of the Office of Personnel Management
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428
1
shall submit to Congress a report on the use of the
2
authority provided under this section that includes,
3
at a minimum, a description or analysis of—
4
(A) the ability to attract exceptionally well
5
qualified scientists, engineers, and technical
6
personnel;
7
(B) the amount of total compensation paid
8
each employee hired under the authority each
9
calendar year; and
10
(C) whether additional safeguards or meas-
11
ures are necessary to carry out the authority
12
and, if so, what action, if any, has been taken
13
to implement the safeguards or measures.
14
(d) TERMINATION
OF
EFFECTIVENESS.—The au-
15 thority provided by this section terminates effective on the
16 date that is 4 years after the date of enactment of this
17 Act.
18
SEC. 314. Section 804 of Public Law 110–140 (42
19 U.S.C. 17283) is hereby repealed.
20
SEC. 315. Section 205 of Public Law 95–91 (42
21 U.S.C. 7135), as amended, is hereby further amended:
22
(1) in paragraph (i)(1) by striking ‘‘once every
23
two years’’ and inserting ‘‘once every four years’’;
24
and
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429
1
(2) in paragraph (k)(1) by striking ‘‘once every
2
three years’’ and inserting ‘‘once every four years’’.
3
SEC. 316. Notwithstanding any other provision of
4 law, the Department may use funds appropriated by this
5 title to carry out a study regarding the conversion to con6 tractor performance of any function performed by Federal
7 employees at the New Brunswick Laboratory, pursuant to
8 Office of Management and Budget Circular A–76 or any
9 other administrative regulation, directive, or policy.
10
SEC. 317. Of the amounts appropriated for non-de-
11 fense programs in this title, $7,000,000 are hereby re12 duced to reflect savings from limiting foreign travel for
13 contractors working for the Department of Energy, con14 sistent with similar savings achieved for Federal employ15 ees. The Department shall allocate the reduction among
16 the non-security appropriations made in this title.
17
SEC. 318. Section 15(g) of Public Law 85–536 (15
18 U.S.C. 644), as amended, is hereby further amended by
19 inserting the following at the end: ‘‘(3) First tier sub20 contracts that are awarded by Management and Operating
21 contractors sponsored by the Department of Energy to
22 small business concerns, small businesses concerns owned
23 and controlled by service disabled veterans, qualified
24 HUBZone small business concerns, small business con25 cerns owned and controlled by socially and economically
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430
1 disadvantaged individuals, and small business concerns
2 owned and controlled by women, shall be considered to3 ward the annually established agency and Government4 wide goals for procurement contracts awarded.’’.
5
SEC. 319. (a) ESTABLISHMENT.—The Secretary
6 shall establish an independent commission to be known as
7 the ‘‘Commission to Review the Effectiveness of the Na8 tional Energy Laboratories.’’ The National Energy Lab9 oratories refers to all Department of Energy and National
10 Nuclear Security Administration national laboratories.
11
(b) MEMBERS.—
12
(1) The Commission shall be composed of nine
13
members who shall be appointed by the Secretary of
14
Energy not later than May 1, 2014, from among
15
persons nominated by the President’s Council of Ad-
16
visors on Science and Technology.
17
(2) The President’s Council of Advisors on
18
Science and Technology shall, not later than March
19
15, 2014, nominate not less than 18 persons for ap-
20
pointment to the Commission from among persons
21
who meet qualification described in paragraph (3).
22
(3) Each person nominated for appointment to
23
the Commission shall—
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431
1
(A) be eminent in a field of science or en-
2
gineering; and/or
3
(B) have expertise in managing scientific
4
facilities; and/or
5
(C) have expertise in cost and/or program
6
analysis; and
7
(D) have an established record of distin-
8
guished service.
9
(4) The membership of the Commission shall be
10
representative of the broad range of scientific, engi-
11
neering, financial, and managerial disciplines related
12
to activities under this title.
13
(5) No person shall be nominated for appoint-
14
ment to the Board who is an employee of—
15
(A) the Department of Energy;
16
(B) a national laboratory or site under
17
contract with the Department of Energy;
18
(C) a managing entity or parent company
19
for a national laboratory or site under contract
20
with the Department of Energy; or
21
(D) an entity performing scientific and en-
22
gineering activities under contract with the De-
23
partment of Energy.
24
25
(c)
COMMISSION
REVIEW
AND
RECOMMENDA-
TIONS.—
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432
1
(1) The Commission shall, by no later than
2
February 1, 2015, transmit to the Secretary of En-
3
ergy and the Committees on Appropriations of the
4
House of Representatives and the Senate a report
5
containing the Commission’s findings and conclu-
6
sions.
7
(2) The Commission shall address whether the
8
Department of Energy’s national laboratories—
9
(A) are properly aligned with the Depart-
10
ment’s strategic priorities;
11
(B) have clear, well understood, and prop-
12
erly balanced missions that are not unneces-
13
sarily redundant and duplicative;
14
(C) have unique capabilities that have suf-
15
ficiently evolved to meet current and future en-
16
ergy and national security challenges;
17
(D) are appropriately sized to meet the
18
Department’s energy and national security mis-
19
sions; and
20
(E) are appropriately supporting other
21
Federal agencies and the extent to which it ben-
22
efits DOE missions.
23
(3) The Commission shall also determine
24
whether there are opportunities to more effectively
25
and efficiently use the capabilities of the national
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433
1
laboratories, including consolidation and realign-
2
ment, reducing overhead costs, reevaluating govern-
3
ance models using industrial and academic bench
4
marks for comparison, and assessing the impact of
5
DOE’s oversight and management approach. In its
6
evaluation, the Commission should also consider the
7
cost and effectiveness of using other research, devel-
8
opment, and technology centers and universities as
9
an alternative to meeting DOE’s energy and na-
10
tional security goals.
11
(4) The Commission shall analyze the effective-
12
ness of the use of laboratory directed research and
13
development (LDRD) to meet the Department of
14
Energy’s science, energy, and national security
15
goals. The Commission shall further evaluate the ef-
16
fectiveness of the Department’s oversight approach
17
to ensure LDRD-funded projects are compliant with
18
statutory requirements and congressional direction,
19
including requirements that LDRD projects be dis-
20
tinct from projects directly funded by appropriations
21
and that LDRD projects derived from the Depart-
22
ment’s national security programs support the na-
23
tional security mission of the Department of Energy.
24
Finally, the Commission shall quantify the extent to
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434
1
which LDRD funding supports recruiting and reten-
2
tion of qualified staff.
3
(5) The Commission’s charge may be modified
4
or expanded upon approval of the Committees on
5
Appropriations of the House of Representatives and
6
the Senate.
7
(d) RESPONSE
BY THE
SECRETARY
OF
ENERGY.—
8
(1) The Secretary of Energy shall, by no later
9
than April 1, 2015, transmit to Committees on Ap-
10
propriations of the House of Representatives and the
11
Senate a report containing the Secretary’s approval
12
or disapproval of the Commission’s recommendations
13
and an implementation plan for approved rec-
14
ommendations.
15
SEC. 320. The Committees on Appropriations of the
16 House of Representatives and the Senate shall receive a
17 30-day advance notification with a detailed explanation of
18 any waiver or adjustment made by the National Nuclear
19 Security Administration’s Fee Determining Official to at20 risk award fees for Management and Operating contrac21 tors that result in award term extensions.
22
SEC. 321. To further the research, development, and
23 demonstration of national nuclear security-related enrich24 ment technologies, the Secretary of Energy may transfer
25 up to $56,650,000 of funding made available in this title
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435
1 under the heading ‘‘National Nuclear Security Adminis2 tration’’ to ‘‘National Nuclear Security Administration,
3 Weapons Activities’’ not earlier than 30 days after the
4 Secretary provides to the Committees on Appropriations
5 of the House of Representatives and the Senate a cost6 benefit analysis of available and prospective domestic en7 richment technologies for national security needs, the
8 scope, schedule, and cost of his preferred option, and after
9 congressional notification and approval of the Committees
10 on Appropriations of the House of Representatives and the
11 Senate.
12
SEC. 322. None of the funds made available in this
13 Act may be used—
14
(1) to implement or enforce section 430.32(x)
15
of title 10, Code of Federal Regulations; or
16
(2) to implement or enforce the standards es-
17
tablished
18
325(i)(1)(B) of the Energy Policy and Conservation
19
Act (42 U.S.C. 6295(i)(1)(B)) with respect to
20
BPAR incandescent reflector lamps, BR incandes-
21
cent reflector lamps, and ER incandescent reflector
22
lamps.
by
the
tables
contained
in
section
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436
1
TITLE IV
2
INDEPENDENT AGENCIES
3
APPALACHIAN REGIONAL COMMISSION
4
For expenses necessary to carry out the programs au-
5 thorized by the Appalachian Regional Development Act of
6 1965, notwithstanding 40 U.S.C. 14704, and for nec7 essary expenses for the Federal Co-Chairman and the Al8 ternate on the Appalachian Regional Commission, for pay9 ment of the Federal share of the administrative expenses
10 of the Commission, including services as authorized by 5
11 U.S.C. 3109, and hire of passenger motor vehicles,
12 $80,317,000, to remain available until expended.
13
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
14
SALARIES AND EXPENSES
15
For necessary expenses of the Defense Nuclear Fa-
16 cilities Safety Board in carrying out activities authorized
17 by the Atomic Energy Act of 1954, as amended by Public
18 Law 100–456, section 1441, $28,000,000, to remain
19 available until September 30, 2015.
20
DELTA REGIONAL AUTHORITY
21
SALARIES AND EXPENSES
22
For necessary expenses of the Delta Regional Author-
23 ity and to carry out its activities, as authorized by the
24 Delta Regional Authority Act of 2000, notwithstanding
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437
1 sections 382C(b)(2), 382F(d), 382M, and 382N of said
2 Act, $12,000,000, to remain available until expended.
3
DENALI COMMISSION
4
For expenses of the Denali Commission including the
5 purchase, construction, and acquisition of plant and cap6 ital
equipment
as
necessary
and
other
expenses,
7 $10,000,000, to remain available until expended, notwith8 standing the limitations contained in section 306(g) of the
9 Denali Commission Act of 1998: Provided, That funds
10 shall be available for construction projects in an amount
11 not to exceed 80 percent of total project cost for distressed
12 communities, as defined by section 307 of the Denali Com13 mission Act of 1998 (division C, title III, Public Law 105–
14 277), as amended by section 701 of appendix D, title VII,
15 Public Law 106–113 (113 Stat. 1501A–280), and an
16 amount not to exceed 50 percent for non-distressed com17 munities.
18
NORTHERN BORDER REGIONAL COMMISSION
19
For necessary expenses of the Northern Border Re-
20 gional Commission in carrying out activities authorized by
21 subtitle V of title 40, United States Code, $5,000,000, to
22 remain available until expended: Provided, That such
23 amounts shall be available for administrative expenses,
24 notwithstanding section 15751(b) of title 40, United
25 States Code.
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438
1
SOUTHEAST CRESCENT REGIONAL COMMISSION
2
For necessary expenses of the Southeast Crescent Re-
3 gional Commission in carrying out activities authorized by
4 subtitle V of title 40, United States Code, $250,000, to
5 remain available until expended.
6
NUCLEAR REGULATORY COMMISSION
7
SALARIES AND EXPENSES
8
For necessary expenses of the Commission in car-
9 rying out the purposes of the Energy Reorganization Act
10 of 1974 and the Atomic Energy Act of 1954, including
11 official representation expenses not to exceed $25,000,
12 $1,043,937,000, to remain available until expended: Pro13 vided, That of the amount appropriated herein, not more
14 than $9,500,000 may be made available for salaries, trav15 el, and other support costs for the Office of the Commis16 sion, to remain available until September 30, 2015, of
17 which, notwithstanding section 201(a)(2)(c) of the Energy
18 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)),
19 the use and expenditure shall only be approved by a major20 ity vote of the Commission: Provided further, That reve21 nues from licensing fees, inspection services, and other
22 services and collections estimated at $920,721,000 in fis23 cal year 2014 shall be retained and used for necessary
24 salaries and expenses in this account, notwithstanding 31
25 U.S.C. 3302, and shall remain available until expended:
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439
1 Provided further, That the sum herein appropriated shall
2 be reduced by the amount of revenues received during fis3 cal year 2014 so as to result in a final fiscal year 2014
4 appropriation estimated at not more than $123,216,000:
5 Provided further, That of the amounts appropriated under
6 this heading, $10,000,000 shall be for university research
7 and development in areas relevant to their respective orga8 nization’s mission, and $5,000,000 shall be for a Nuclear
9 Science and Engineering Grant Program that will support
10 multiyear projects that do not align with programmatic
11 missions but are critical to maintaining the discipline of
12 nuclear science and engineering.
13
OFFICE OF INSPECTOR GENERAL
14
For necessary expenses of the Office of Inspector
15 General in carrying out the provisions of the Inspector
16 General Act of 1978, $11,955,000, of which $850,000
17 shall be for Inspector General services for the Defense Nu18 clear Facilities Safety Board, to remain available until
19 September 30, 2015: Provided, That revenues from licens20 ing fees, inspection services, and other services and collec21 tions estimated at $9,994,000 in fiscal year 2014 shall
22 be retained and be available until September 30, 2015,
23 for necessary salaries and expenses in this account, not24 withstanding section 3302 of title 31, United States Code:
25 Provided further, That the sum herein appropriated shall
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440
1 be reduced by the amount of revenues received during fis2 cal year 2014 so as to result in a final fiscal year 2014
3 appropriation estimated at not more than $1,961,000.
4
NUCLEAR WASTE TECHNICAL REVIEW BOARD
5
SALARIES AND EXPENSES
6
For necessary expenses of the Nuclear Waste Tech-
7 nical Review Board, as authorized by Public Law 100–
8 203, section 5051, $3,400,000, to be derived from the Nu9 clear Waste Fund, to remain available until September 30,
10 2015.
11
OFFICE
12
OF THE
FEDERAL COORDINATOR
FOR
ALASKA
NATURAL GAS TRANSPORTATION PROJECTS
13
For necessary expenses for the Office of the Federal
14 Coordinator for Alaska Natural Gas Transportation
15 Projects pursuant to the Alaska Natural Gas Pipeline Act,
16 $1,000,000, to remain available until September 30, 2015:
17 Provided, That any fees, charges, or commissions received
18 pursuant to section 106(h) of the Alaska Natural Gas
19 Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2014 in
20 excess of $2,402,000 shall not be available for obligation
21 until appropriated in a subsequent Act of Congress.
22
GENERAL PROVISIONS—INDEPENDENT
23
AGENCIES
24
SEC. 401. Notwithstanding any other provision of
25 law, the Inspector General of the Nuclear Regulatory
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441
1 Commission is authorized in this and subsequent years to
2 exercise the same authorities with respect to the Defense
3 Nuclear Facilities Safety Board, as determined by the In4 spector General of the Nuclear Regulatory Commission,
5 as the Inspector General exercises under the Inspector
6 General Act of 1978 (5 U.S.C. App.) with respect to the
7 Nuclear Regulatory Commission.
8
SEC. 402. The Chairman of the Nuclear Regulatory
9 Commission shall notify the other members of the Com10 mission, the Committees on Appropriations of the House
11 of Representatives and the Senate, the Committee on En12 ergy and Commerce of the House of Representatives, and
13 the Committee on Environment and Public Works of the
14 Senate, not later than 1 day after the Chairman begins
15 performing functions under the authority of section 3 of
16 Reorganization Plan No. 1 of 1980, or after a member
17 of the Commission who was delegated emergency functions
18 under subsection (b) of that section begins performing
19 those functions. Such notification shall include an expla20 nation of the circumstances warranting the exercise of
21 such authority. The Chairman shall report to the Commit22 tees, not less frequently than once each week, on the ac23 tions taken by the Chairman, or a delegated member of
24 the Commission, under such authority, until the authority
25 is relinquished. The Chairman shall notify the Committees
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442
1 not later than 1 day after such authority is relinquished.
2 The Chairman shall submit the report required by section
3 3(d) of the Reorganization Plan No. 1 of 1980 to the
4 Committees not later than 1 day after it was submitted
5 to the Commission.
6
SEC. 403. The Nuclear Regulatory Commission shall
7 comply with the July 5, 2011, version of Chapter VI of
8 its Internal Commission Procedures when responding to
9 Congressional requests for information.
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443
1
TITLE V
2
GENERAL PROVISIONS
3
SEC. 501. None of the funds appropriated by this Act
4 may be used in any way, directly or indirectly, to influence
5 congressional action on any legislation or appropriation
6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C.
8 1913.
9
SEC. 502. None of the funds made available by this
10 Act may be used to enter into a contract, memorandum
11 of understanding, or cooperative agreement with, make a
12 grant to, or provide a loan or loan guarantee to any cor13 poration that was convicted of a felony criminal violation
14 under any Federal law within the preceding 24 months,
15 where the awarding agency is aware of the conviction, un16 less the agency has considered suspension or debarment
17 of the corporation and has made a determination that this
18 further action is not necessary to protect the interests of
19 the Government.
20
SEC. 503. None of the funds made available by this
21 Act may be used to enter into a contract, memorandum
22 of understanding, or cooperative agreement with, make a
23 grant to, or provide a loan or loan guarantee to, any cor24 poration that has any unpaid Federal tax liability that has
25 been assessed, for which all judicial and administrative
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1 remedies have been exhausted or have lapsed, and that
2 is not being paid in a timely manner pursuant to an agree3 ment with the authority responsible for collecting the tax
4 liability, where the awarding agency is aware of the unpaid
5 tax liability, unless the agency has considered suspension
6 or debarment of the corporation and has made a deter7 mination that this further action is not necessary to pro8 tect the interests of the Government.
9
SEC. 504. (a) None of the funds made available in
10 title III of this Act may be transferred to any department,
11 agency, or instrumentality of the United States Govern12 ment, except pursuant to a transfer made by or transfer
13 authority provided in this Act or any other appropriations
14 Act for any fiscal year, transfer authority referenced in
15 the explanatory statement described in section 4 (in the
16 matter preceding division A of this consolidated Act), or
17 any authority whereby a department, agency, or instru18 mentality of the United States Government may provide
19 goods or services to another department, agency, or in20 strumentality.
21
(b) None of the funds made available for any depart-
22 ment, agency, or instrumentality of the United States
23 Government may be transferred to accounts funded in title
24 III of this Act, except pursuant to a transfer made by or
25 transfer authority provided in this Act or any other appro-
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445
1 priations Act for any fiscal year, transfer authority ref2 erenced in the explanatory statement described in section
3 4 (in the matter preceding division A of this consolidated
4 Act), or any authority whereby a department, agency, or
5 instrumentality of the United States Government may
6 provide goods or services to another department, agency,
7 or instrumentality.
8
(c) The head of any relevant department or agency
9 funded in this Act utilizing any transfer authority shall
10 submit to the Committees on Appropriations of the House
11 of Representatives and the Senate a semiannual report de12 tailing the transfer authorities, except for any authority
13 whereby a department, agency, or instrumentality of the
14 United States Government may provide goods or services
15 to another department, agency, or instrumentality, used
16 in the previous 6 months and in the year-to-date. This
17 report shall include the amounts transferred and the pur18 poses for which they were transferred, and shall not re19 place or modify existing notification requirements for each
20 authority.
21
SEC. 505. None of the funds made available by this
22 Act may be used in contravention of Executive Order No.
23 12898 of February 11, 1994 (‘‘Federal Actions to Address
24 Environmental Justice in Minority Populations and Low25 Income Populations’’).
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446
1
This division may be cited as the ‘‘Energy and Water
2 Development and Related Agencies Appropriations Act,
3 2014’’.
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447
1 DIVISION E—FINANCIAL SERVICES AND
2
GENERAL GOVERNMENT APPROPRIA-
3
TIONS ACT, 2014
4
TITLE I
5
DEPARTMENT OF THE TREASURY
6
DEPARTMENTAL OFFICES
7
SALARIES AND EXPENSES
8
For necessary expenses of the Departmental Offices
9 including operation and maintenance of the Treasury
10 Building and Annex; hire of passenger motor vehicles;
11 maintenance, repairs, and improvements of, and purchase
12 of commercial insurance policies for, real properties leased
13 or owned overseas, when necessary for the performance
14 of official business, including for terrorism and financial
15 intelligence activities; executive direction program activi16 ties; international affairs and economic policy activities;
17 domestic finance and tax policy activities; and Treasury18 wide management policies and programs activities,
19 $312,400,000: Provided, That of the amount appropriated
20 under this heading—
21
(1) the following amounts shall be available as
22
provided:
23
(A) $102,000,000 for the Office of Ter-
24
rorism and Financial Intelligence, of which not
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448
1
to exceed $26,000,000 is available for adminis-
2
trative expenses;
3
(B) not to exceed $350,000 for official re-
4
ception and representation expenses;
5
(C) not to exceed $258,000 for unforeseen
6
emergencies of a confidential nature to be allo-
7
cated and expended under the direction of the
8
Secretary of the Treasury and to be accounted
9
for solely on the Secretary’s certificate; and
10
(D) notwithstanding any other provision of
11
law, up to $1,000,000 may be contributed to
12
the Organization for Economic Cooperation and
13
Development for the Department’s participation
14
in programs related to global tax administra-
15
tion;
16
(2) $19,187,000 shall remain available until
17
September 30, 2015, of which $8,287,000 is avail-
18
able for the Treasury-wide Financial Statement
19
Audit and Internal Control Program; $3,000,000 is
20
for information technology modernization require-
21
ments; $500,000 is for secure space requirements;
22
and $7,400,000 is for audit, oversight, and adminis-
23
tration of the Gulf Coast Restoration Trust Fund;
24
and
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449
1
(3) up to $3,400,000 shall remain available
2
until September 30, 2016, to develop and implement
3
programs within the Office of Critical Infrastructure
4
Protection and Compliance Policy, including enter-
5
ing into cooperative agreements.
6
DEPARTMENT-WIDE SYSTEMS AND CAPITAL
7
INVESTMENTS PROGRAMS
8
(INCLUDING TRANSFER OF FUNDS)
9
For development and acquisition of automatic data
10 processing equipment, software, and services and for re11 pairs and renovations to buildings owned by the Depart12 ment of the Treasury, $2,725,000, to remain available
13 until September 30, 2016: Provided, That these funds
14 shall be transferred to accounts and in amounts as nec15 essary to satisfy the requirements of the Department’s of16 fices, bureaus, and other organizations: Provided further,
17 That this transfer authority shall be in addition to any
18 other transfer authority provided in this Act: Provided fur19 ther, That none of the funds appropriated under this head20 ing shall be used to support or supplement ‘‘Internal Rev21 enue Service, Operations Support’’ or ‘‘Internal Revenue
22 Service, Business Systems Modernization’’.
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450
1
OFFICE OF INSPECTOR GENERAL
2
SALARIES AND EXPENSES
3
For necessary expenses of the Office of Inspector
4 General in carrying out the provisions of the Inspector
5 General Act of 1978, $34,800,000, including hire of pas6 senger motor vehicles; of which not to exceed $100,000
7 shall be available for unforeseen emergencies of a con8 fidential nature, to be allocated and expended under the
9 direction of the Inspector General of the Treasury; of
10 which not to exceed $2,500 shall be available for official
11 reception and representation expenses; and of which
12 $2,800,000 shall be for audits and investigations con13 ducted pursuant to section 1608 of the Resources and
14 Ecosystems Sustainability, Tourist Opportunities, and Re15 vived Economies of the Gulf Coast States Act of 2012 (33
16 U.S.C. 1321 note).
17
TREASURY INSPECTOR GENERAL FOR TAX
18
ADMINISTRATION
19
SALARIES AND EXPENSES
20
For necessary expenses of the Treasury Inspector
21 General for Tax Administration in carrying out the In22 spector General Act of 1978, as amended, including pur23 chase (not to exceed 150 for replacement only for police24 type use) and hire of passenger motor vehicles (31 U.S.C.
25 1343(b)); and services authorized by 5 U.S.C. 3109, at
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451
1 such rates as may be determined by the Inspector General
2 for
Tax
Administration;
$156,375,000,
of
which
3 $5,000,000 shall remain available until September 30,
4 2015; of which not to exceed $6,000,000 shall be available
5 for official travel expenses; of which not to exceed
6 $500,000 shall be available for unforeseen emergencies of
7 a confidential nature, to be allocated and expended under
8 the direction of the Inspector General for Tax Administra9 tion; and of which not to exceed $1,500 shall be available
10 for official reception and representation expenses.
11
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
12
ASSET RELIEF PROGRAM
13
SALARIES AND EXPENSES
14
For necessary expenses of the Office of the Special
15 Inspector General in carrying out the provisions of the
16 Emergency Economic Stabilization Act of 2008 (Public
17 Law 110–343), $34,923,000.
18
FINANCIAL CRIMES ENFORCEMENT NETWORK
19
SALARIES AND EXPENSES
20
For necessary expenses of the Financial Crimes En-
21 forcement Network, including hire of passenger motor ve22 hicles; travel and training expenses of non-Federal and
23 foreign government personnel to attend meetings and
24 training concerned with domestic and foreign financial in25 telligence activities, law enforcement, and financial regula-
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452
1 tion; services authorized by 5 U.S.C. 3109; not to exceed
2 $14,000 for official reception and representation expenses;
3 and for assistance to Federal law enforcement agencies,
4 with or without reimbursement, $112,000,000, of which
5 not to exceed $34,335,000 shall remain available until
6 September 30, 2016.
7
TREASURY FORFEITURE FUND
8
(RESCISSION)
9
Of the unobligated balances available under this
10 heading, $736,000,000 are rescinded.
11
BUREAU
12
OF THE
FISCAL SERVICE
SALARIES AND EXPENSES
13
For necessary expenses of operations of the Bureau
14 of the Fiscal Service, $360,165,000; of which not to ex15 ceed $4,210,000, to remain available until September 30,
16 2016, is for information systems modernization initiatives;
17 of which $8,740,000 shall remain available until Sep18 tember 30, 2016 for expenses related to the consolidation
19 of the Financial Management Service and the Bureau of
20 the Public Debt; and of which $5,000 shall be available
21 for official reception and representation expenses. In addi22 tion, $165,000, to be derived from the Oil Spill Liability
23 Trust Fund to reimburse administrative and personnel ex24 penses for financial management of the Fund, as author25 ized by section 1012 of Public Law 101–380.
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453
1
ALCOHOL
2
AND
TOBACCO TAX
AND
TRADE BUREAU
SALARIES AND EXPENSES
3
For necessary expenses of carrying out section 1111
4 of the Homeland Security Act of 2002, including hire of
5 passenger motor vehicles, $99,000,000; of which not to ex6 ceed $6,000 for official reception and representation ex7 penses; not to exceed $50,000 for cooperative research and
8 development programs for laboratory services; and provi9 sion of laboratory assistance to State and local agencies
10 with or without reimbursement: Provided, That of the
11 amount appropriated under this heading, $2,000,000 shall
12 be for the costs of criminal enforcement activities and spe13 cial law enforcement agents for targeting tobacco smug14 gling and other criminal diversion activities.
15
UNITED STATES MINT
16
UNITED STATES MINT PUBLIC ENTERPRISE FUND
17
Pursuant to section 5136 of title 31, United States
18 Code, the United States Mint is provided funding through
19 the United States Mint Public Enterprise Fund for costs
20 associated with the production of circulating coins, numis21 matic coins, and protective services, including both oper22 ating expenses and capital investments: Provided, That
23 the aggregate amount of new liabilities and obligations in24 curred during fiscal year 2014 under such section 5136
25 for circulating coinage and protective service capital in-
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454
1 vestments of the United States Mint shall not exceed
2 $19,000,000.
3
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
4
FUND PROGRAM ACCOUNT
5
To carry out the Riegle Community Development and
6 Regulatory Improvements Act of 1994 (subtitle A of title
7 I of Public Law 103–325), including services authorized
8 by 5 U.S.C. 3109, but at rates for individuals not to ex9 ceed the per diem rate equivalent to the rate for EX–3,
10 $226,000,000, to remain available until September 30,
11 2015; of which $15,000,000 shall be for financial assist12 ance, technical assistance, training and outreach pro13 grams, designed to benefit Native American, Native Ha14 waiian, and Alaskan Native communities and provided pri15 marily through qualified community development lender
16 organizations with experience and expertise in community
17 development banking and lending in Indian country, Na18 tive American organizations, tribes and tribal organiza19 tions and other suitable providers; of which, notwith20 standing sections 4707(d) and 4707(e) of title 12, United
21 States Code, up to $22,000,000 shall be for a Healthy
22 Food Financing Initiative to provide financial assistance,
23 technical assistance, training, and outreach to community
24 development financial institutions for the purpose of offer25 ing affordable financing and technical assistance to ex-
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455
1 pand the availability of healthy food options in distressed
2 communities; of which $18,000,000 shall be for the Bank
3 Enterprise Award program; of which up to $24,636,000
4 may be used for administrative expenses, including admin5 istration of the New Markets Tax Credit Program and the
6 CDFI Bond Guarantee Program, $1,000,000 for capacity
7 building to expand CDFI investments in underserved
8 areas, and up to $300,000 for the direct loan program;
9 and of which up to $2,222,500 may be used for the cost
10 of direct loans: Provided, That the cost of direct loans,
11 including the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of
13 1974: Provided further, That these funds are available to
14 subsidize gross obligations for the principal amount of di15 rect loans not to exceed $25,000,000: Provided further,
16 That during fiscal year 2014, commitments to guarantee
17 bonds and notes under section 114A of the Riegle Commu18 nity Development and Regulatory Improvement Act of
19 1994 (12 U.S.C. 4701 et seq.) shall not exceed
20 $750,000,000: Provided further, That no funds shall be
21 available for the cost, if any, of bonds and notes guaran22 teed under such section, as defined in section 502 of the
23 Congressional Budget Act of 1974.
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456
1
INTERNAL REVENUE SERVICE
2
TAXPAYER SERVICES
3
For necessary expenses of the Internal Revenue Serv-
4 ice to provide taxpayer services, including pre-filing assist5 ance and education, filing and account services, taxpayer
6 advocacy services, and other services as authorized by 5
7 U.S.C. 3109, at such rates as may be determined by the
8 Commissioner, $2,122,554,000, of which not less than
9 $5,600,000 shall be for the Tax Counseling for the Elderly
10 Program, of which not less than $10,000,000 shall be
11 available for low-income taxpayer clinic grants, of which
12 not less than $12,000,000, to remain available until Sep13 tember 30, 2015, shall be available for a Community Vol14 unteer Income Tax Assistance matching grants program
15 for tax return preparation assistance, of which not less
16 than $203,000,000 shall be available for operating ex17 penses of the Taxpayer Advocate Service: Provided, That
18 of the amounts made available for the Taxpayer Advocate
19 Service, not less than $5,000,000 shall be for identity
20 theft casework.
21
ENFORCEMENT
22
For necessary expenses for tax enforcement activities
23 of the Internal Revenue Service to determine and collect
24 owed taxes, to provide legal and litigation support, to con25 duct criminal investigations, to enforce criminal statutes
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457
1 related to violations of internal revenue laws and other fi2 nancial crimes, to purchase (for police-type use, not to ex3 ceed 850) and hire passenger motor vehicles (31 U.S.C.
4 1343(b)), and to provide other services as authorized by
5 5 U.S.C. 3109, at such rates as may be determined by
6 the Commissioner, $5,022,178,000, of which not less than
7 $200,000 shall be for intensive training of employees in
8 the Exempt Organizations Unit and of which not less than
9 $60,257,000 shall be for the Interagency Crime and Drug
10 Enforcement program.
11
OPERATIONS SUPPORT
12
For necessary expenses of the Internal Revenue Serv-
13 ice to support taxpayer services and enforcement pro14 grams, including rent payments; facilities services; print15 ing; postage; physical security; headquarters and other
16 IRS-wide administration activities; research and statistics
17 of income; telecommunications; information technology de18 velopment, enhancement, operations, maintenance, and se19 curity; the hire of passenger motor vehicles (31 U.S.C.
20 1343(b)); and other services as authorized by 5 U.S.C.
21 3109, at such rates as may be determined by the Commis22 sioner;
$3,740,942,000,
of
which
not
to
exceed
23 $250,000,000 shall remain available until September 30,
24 2015, for information technology support; of which not to
25 exceed $65,000,000 shall remain available until expended
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458
1 for acquisition of equipment and construction, repair and
2 renovation of facilities; of which not to exceed $1,000,000
3 shall remain available until September 30, 2016, for re4 search; of which not less than $2,000,000 shall be for the
5 Internal Revenue Service Oversight Board; of which not
6 to exceed $25,000 shall be for official reception and rep7 resentation expenses: Provided, That not later than 30
8 days after the end of each quarter, the Internal Revenue
9 Service shall submit a report to the House and Senate
10 Committees on Appropriations and the Comptroller Gen11 eral of the United States detailing the cost and schedule
12 performance for its major information technology invest13 ments, including the purpose and life-cycle stages of the
14 investments; the reasons for any cost and schedule
15 variances; the risks of such investments and strategies the
16 Internal Revenue Service is using to mitigate such risks;
17 and the expected developmental milestones to be achieved
18 and costs to be incurred in the next quarter: Provided fur19 ther, That the Internal Revenue Service shall include, in
20 its budget justification for fiscal year 2015, a summary
21 of cost and schedule performance information for its major
22 information technology systems.
23
BUSINESS SYSTEMS MODERNIZATION
24
For necessary expenses of the Internal Revenue Serv-
25 ice’s
business
systems
modernization
program,
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459
1 $312,938,000, to remain available until September 30,
2 2016, for the capital asset acquisition of information tech3 nology systems, including management and related con4 tractual costs of said acquisitions, including related Inter5 nal Revenue Service labor costs, and contractual costs as6 sociated with operations authorized by 5 U.S.C. 3109:
7 Provided, That not later than 30 days after the end of
8 each quarter, the Internal Revenue Service shall submit
9 a report to the House and Senate Committees on Appro10 priations and the Comptroller General of the United
11 States detailing the cost and schedule performance for
12 CADE2 and Modernized e-File information technology in13 vestments, including the purposes and life-cycle stages of
14 the investments; the reasons for any cost and schedule
15 variances; the risks of such investments and the strategies
16 the Internal Revenue Service is using to mitigate such
17 risks; and the expected developmental milestones to be
18 achieved and costs to be incurred in the next quarter.
19
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
20
SERVICE
21
(INCLUDING TRANSFER OF FUNDS)
22
SEC. 101. Not to exceed 5 percent of any appropria-
23 tion made available in this Act to the Internal Revenue
24 Service or not to exceed 3 percent of appropriations under
25 the heading ‘‘Enforcement’’ may be transferred to any
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460
1 other Internal Revenue Service appropriation upon the ad2 vance approval of the Committees on Appropriations.
3
SEC. 102. The Internal Revenue Service shall main-
4 tain an employee training program, which shall include the
5 following topics: taxpayers’ rights, dealing courteously
6 with taxpayers, cross-cultural relations, ethics, and the im7 partial application of tax law.
8
SEC. 103. The Internal Revenue Service shall insti-
9 tute and enforce policies and procedures that will safe10 guard the confidentiality of taxpayer information and pro11 tect taxpayers against identity theft.
12
SEC. 104. Funds made available by this or any other
13 Act to the Internal Revenue Service shall be available for
14 improved facilities and increased staffing to provide suffi15 cient and effective 1–800 help line service for taxpayers.
16 The Commissioner shall continue to make improvements
17 to the Internal Revenue Service 1–800 help line service
18 a priority and allocate resources necessary to enhance the
19 response time to taxpayer communications, particularly
20 with regard to victims of tax-related crimes.
21
SEC. 105. None of funds made available to the Inter-
22 nal Revenue Service by this Act may be used to make a
23 video unless the Service-Wide Video Editorial Board deter24 mines in advance that making the video is appropriate,
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461
1 taking into account the cost, topic, tone, and purpose of
2 the video.
3
SEC. 106. The Internal Revenue Service shall issue
4 a notice of confirmation of any address change relating
5 to an employer making employment tax payments, and
6 such notice shall be sent to both the employer’s former
7 and new address and an officer or employee of the Internal
8 Revenue Service shall give special consideration to an
9 offer-in-compromise from a taxpayer who has been the vic10 tim of fraud by a third party payroll tax preparer.
11
SEC. 107. None of the funds made available under
12 this Act may be used by the Internal Revenue Service to
13 target citizens of the United States for exercising any
14 right guaranteed under the First Amendment to the Con15 stitution of the United States.
16
SEC. 108. None of the funds made available in this
17 Act may be used by the Internal Revenue Service to target
18 groups for regulatory scrutiny based on their ideological
19 beliefs.
20
SEC. 109. In addition to the amounts otherwise made
21 available in this Act for the Internal Revenue Service,
22 $92,000,000, to be available until September 30, 2015,
23 shall be transferred by the Commissioner to the ‘‘Tax24 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’
25 accounts of the Internal Revenue Service for an additional
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462
1 amount to be used solely to improve the delivery of serv2 ices to taxpayers, to improve the identification and preven3 tion of refund fraud and identity theft, and to address
4 international and offshore compliance issues: Provided,
5 That such funds shall supplement, not supplant any other
6 amounts made available by the Internal Revenue Service
7 for such purpose: Provided further, That such funds shall
8 not be available until the Commissioner submits to the
9 Committees on Appropriations of the House of Represent10 atives and the Senate a spending plan for such funds: Pro11 vided further, That such funds shall not be used to support
12 any provision of Public Law 111–148, Public Law 111–
13 152, or any amendment made by either such Public Law.
14
ADMINISTRATIVE PROVISIONS—DEPARTMENT
15
TREASURY
16
(INCLUDING TRANSFERS OF FUNDS)
17
OF THE
SEC. 110. Appropriations to the Department of the
18 Treasury in this Act shall be available for uniforms or al19 lowances therefor, as authorized by law (5 U.S.C. 5901),
20 including maintenance, repairs, and cleaning; purchase of
21 insurance for official motor vehicles operated in foreign
22 countries; purchase of motor vehicles without regard to the
23 general purchase price limitations for vehicles purchased
24 and used overseas for the current fiscal year; entering into
25 contracts with the Department of State for the furnishing
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463
1 of health and medical services to employees and their de2 pendents serving in foreign countries; and services author3 ized by 5 U.S.C. 3109.
4
SEC. 111. Not to exceed 2 percent of any appropria-
5 tions in this title made available under the headings ‘‘De6 partmental Offices—Salaries and Expenses’’, ‘‘Office of
7 Inspector General’’, ‘‘Special Inspector General for the
8 Troubled Asset Relief Program’’, ‘‘Financial Crimes En9 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and
10 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be
11 transferred between such appropriations upon the advance
12 approval of the Committees on Appropriations of the
13 House of Representatives and the Senate: Provided, That
14 no transfer under this section may increase or decrease
15 any such appropriation by more than 2 percent.
16
SEC. 112. Not to exceed 2 percent of any appropria-
17 tion made available in this Act to the Internal Revenue
18 Service may be transferred to the Treasury Inspector Gen19 eral for Tax Administration’s appropriation upon the ad20 vance approval of the Committees on Appropriations of
21 the House of Representatives and the Senate: Provided,
22 That no transfer may increase or decrease any such appro23 priation by more than 2 percent.
24
SEC. 113. None of the funds appropriated in this Act
25 or otherwise available to the Department of the Treasury
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464
1 or the Bureau of Engraving and Printing may be used
2 to redesign the $1 Federal Reserve note.
3
SEC. 114. The Secretary of the Treasury may trans-
4 fer funds from the Bureau of the Fiscal Service, Salaries
5 and Expenses to the Debt Collection Fund as necessary
6 to cover the costs of debt collection: Provided, That such
7 amounts shall be reimbursed to such salaries and expenses
8 account from debt collections received in the Debt Collec9 tion Fund.
10
SEC. 115. None of the funds appropriated or other-
11 wise made available by this or any other Act may be used
12 by the United States Mint to construct or operate any mu13 seum without the explicit approval of the Committees on
14 Appropriations of the House of Representatives and the
15 Senate, the House Committee on Financial Services, and
16 the Senate Committee on Banking, Housing, and Urban
17 Affairs.
18
SEC. 116. None of the funds appropriated or other-
19 wise made available by this or any other Act or source
20 to the Department of the Treasury, the Bureau of Engrav21 ing and Printing, and the United States Mint, individually
22 or collectively, may be used to consolidate any or all func23 tions of the Bureau of Engraving and Printing and the
24 United States Mint without the explicit approval of the
25 House Committee on Financial Services; the Senate Com-
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465
1 mittee on Banking, Housing, and Urban Affairs; and the
2 Committees on Appropriations of the House of Represent3 atives and the Senate.
4
SEC. 117. Funds appropriated by this Act, or made
5 available by the transfer of funds in this Act, for the De6 partment of the Treasury’s intelligence or intelligence re7 lated activities are deemed to be specifically authorized by
8 the Congress for purposes of section 504 of the National
9 Security Act of 1947 (50 U.S.C. 414) during fiscal year
10 2014 until the enactment of the Intelligence Authorization
11 Act for Fiscal Year 2014.
12
SEC. 118. Not to exceed $5,000 shall be made avail-
13 able from the Bureau of Engraving and Printing’s Indus14 trial Revolving Fund for necessary official reception and
15 representation expenses.
16
SEC. 119. The Secretary of the Treasury shall submit
17 a Capital Investment Plan to the Committees on Appro18 priations of the Senate and the House of Representatives
19 not later than 30 days following the submission of the an20 nual budget submitted by the President: Provided, That
21 such Capital Investment Plan shall include capital invest22 ment spending from all accounts within the Department
23 of the Treasury, including but not limited to the Depart24 ment-wide Systems and Capital Investment Programs ac25 count, the Working Capital Fund account, and the Treas-
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466
1 ury Forfeiture Fund account: Provided further, That such
2 Capital Investment Plan shall include expenditures occur3 ring in previous fiscal years for each capital investment
4 project that has not been fully completed.
5
SEC. 120. (a) Not later than 2 weeks after the end
6 of each quarter, the Office of Financial Stability and the
7 Office of Financial Research shall submit reports on their
8 activities to the House and the Senate Committees on Ap9 propriations, the Committee on Financial Services of the
10 House of Representatives and the Senate Committee on
11 Banking, Housing, and Urban Affairs.
12
(b) The reports required under subsection (a) shall
13 include—
14
(1) the obligations made during the previous
15
quarter by object class, office, and activity;
16
(2) the estimated obligations for the remainder
17
of the fiscal year by object class, office, and activity;
18
(3) the number of full-time equivalents within
19
each office during the previous quarter;
20
(4) the estimated number of full-time equiva-
21
lents within each office for the remainder of the fis-
22
cal year; and
23
(5) actions taken to achieve the goals, objec-
24
tives, and performance measures of each office.
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467
1
(c) At the request of any such Committees specified
2 in subsection (a), the Office of Financial Stability and the
3 Office of Financial Research shall make officials available
4 to testify on the contents of the reports required under
5 subsection (a).
6
SEC. 121. Within 45 days after the date of enactment
7 of this Act, the Secretary of the Treasury shall submit
8 an itemized report to the Committees on Appropriations
9 of the House of Representatives and the Senate on the
10 amount of total funds charged to each office by the Work11 ing Capital Fund including the amount charged for each
12 service provided by the Working Capital Fund to each of13 fice and a detailed explanation of how each charge for each
14 service is calculated.
15
This title may be cited as the ‘‘Department of the
16 Treasury Appropriations Act, 2014’’.
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468
1
TITLE II
2
EXECUTIVE OFFICE OF THE PRESIDENT AND
3
FUNDS APPROPRIATED TO THE PRESIDENT
4
THE WHITE HOUSE
5
SALARIES AND EXPENSES
6
For necessary expenses for the White House as au-
7 thorized by law, including not to exceed $3,850,000 for
8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
9 subsistence expenses as authorized by 3 U.S.C. 105, which
10 shall be expended and accounted for as provided in that
11 section; hire of passenger motor vehicles, and travel (not
12 to exceed $100,000 to be expended and accounted for as
13 provided by 3 U.S.C. 103); and not to exceed $19,000 for
14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy
17 Development, including services as authorized by 5 U.S.C.
18 3109 and 3 U.S.C. 107, $55,000,000.
19
EXECUTIVE RESIDENCE
20
AT THE
WHITE HOUSE
OPERATING EXPENSES
21
For necessary expenses of the Executive Residence
22 at the White House, $12,700,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and
24 112–114.
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469
1
REIMBURSABLE EXPENSES
2
For the reimbursable expenses of the Executive Resi-
3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses
5 of the Executive Residence shall be made in accordance
6 with the provisions of this paragraph: Provided further,
7 That, notwithstanding any other provision of law, such
8 amount for reimbursable operating expenses shall be the
9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence
12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments
15 shall be credited to this account and remain available until
16 expended: Provided further, That the Executive Residence
17 shall require the national committee of the political party
18 of the President to maintain on deposit $25,000, to be
19 separately accounted for and available for expenses relat20 ing to reimbursable political events sponsored by such
21 committee during such fiscal year: Provided further, That
22 the Executive Residence shall ensure that a written notice
23 of any amount owed for a reimbursable operating expense
24 under this paragraph is submitted to the person owing
25 such amount within 60 days after such expense is in-
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470
1 curred, and that such amount is collected within 30 days
2 after the submission of such notice: Provided further, That
3 the Executive Residence shall charge interest and assess
4 penalties and other charges on any such amount that is
5 not reimbursed within such 30 days, in accordance with
6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under
8 31 U.S.C. 3717: Provided further, That each such amount
9 that is reimbursed, and any accompanying interest and
10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of
14 the fiscal year covered by this Act, a report setting forth
15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total
17 amount of such expenses, the amount of such total that
18 consists of reimbursable official and ceremonial events, the
19 amount of such total that consists of reimbursable political
20 events, and the portion of each such amount that has been
21 reimbursed as of the date of the report: Provided further,
22 That the Executive Residence shall maintain a system for
23 the tracking of expenses related to reimbursable events
24 within the Executive Residence that includes a standard
25 for the classification of any such expense as political or
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471
1 nonpolitical: Provided further, That no provision of this
2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States
5 Code.
6
WHITE HOUSE REPAIR
7
AND
RESTORATION
For the repair, alteration, and improvement of the
8 Executive Residence at the White House, $750,000, to re9 main available until expended, for required maintenance,
10 resolution of safety and health issues, and continued pre11 ventative maintenance.
12
COUNCIL
13
OF
ECONOMIC ADVISERS
SALARIES AND EXPENSES
14
For necessary expenses of the Council of Economic
15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,184,000.
17
NATIONAL SECURITY COUNCIL
AND
HOMELAND
18
SECURITY COUNCIL
19
SALARIES AND EXPENSES
20
For necessary expenses of the National Security
21 Council and the Homeland Security Council, including
22 services as authorized by 5 U.S.C. 3109, $12,600,000.
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472
1
OFFICE
2
OF
ADMINISTRATION
SALARIES AND EXPENSES
3
For necessary expenses of the Office of Administra-
4 tion, including services as authorized by 5 U.S.C. 3109
5 and 3 U.S.C. 107, and hire of passenger motor vehicles,
6 $112,726,000, of which not to exceed $12,006,000 shall
7 remain available until expended for continued moderniza8 tion of the information technology infrastructure within
9 the Executive Office of the President.
10
OFFICE
11
OF
MANAGEMENT
AND
BUDGET
SALARIES AND EXPENSES
12
For necessary expenses of the Office of Management
13 and Budget, including hire of passenger motor vehicles
14 and services as authorized by 5 U.S.C. 3109, to carry out
15 the provisions of chapter 35 of title 44, United States
16 Code, and to prepare and submit the budget of the United
17 States Government, in accordance with section 1105(a) of
18 title 31, United States Code, $89,300,000, of which not
19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and
22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations
24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further,
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473
1 That none of the funds made available for the Office of
2 Management and Budget by this Act may be expended for
3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of
5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further,
7 That none of the funds provided in this or prior Acts shall
8 be used, directly or indirectly, by the Office of Manage9 ment and Budget, for evaluating or determining if water
10 resource project or study reports submitted by the Chief
11 of Engineers acting through the Secretary of the Army
12 are in compliance with all applicable laws, regulations, and
13 requirements relevant to the Civil Works water resource
14 planning process: Provided further, That the Office of
15 Management and Budget shall have not more than 60
16 days in which to perform budgetary policy reviews of water
17 resource matters on which the Chief of Engineers has re18 ported: Provided further, That the Director of the Office
19 of Management and Budget shall notify the appropriate
20 authorizing and appropriating committees when the 6021 day review is initiated: Provided further, That if water re22 source reports have not been transmitted to the appro23 priate authorizing and appropriating committees within
24 15 days after the end of the Office of Management and
25 Budget review period based on the notification from the
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474
1 Director, Congress shall assume Office of Management
2 and Budget concurrence with the report and act accord3 ingly.
4
OFFICE
5
OF
NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
6
For necessary expenses of the Office of National
7 Drug Control Policy; for research activities pursuant to
8 the Office of National Drug Control Policy Reauthoriza9 tion Act of 2006 (Public Law 109–469); not to exceed
10 $10,000 for official reception and representation expenses;
11 and for participation in joint projects or in the provision
12 of services on matters of mutual interest with nonprofit,
13 research, or public organizations or agencies, with or with14 out reimbursement, $22,750,000: Provided, That the Of15 fice is authorized to accept, hold, administer, and utilize
16 gifts, both real and personal, public and private, without
17 fiscal year limitation, for the purpose of aiding or facili18 tating the work of the Office.
19
FEDERAL DRUG CONTROL PROGRAMS
20
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
21
(INCLUDING TRANSFERS OF FUNDS)
22
For necessary expenses of the Office of National
23 Drug Control Policy’s High Intensity Drug Trafficking
24 Areas Program, $238,522,000, to remain available until
25 September 30, 2015, for drug control activities consistent
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475
1 with the approved strategy for each of the designated
2 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of
3 which not less than 51 percent shall be transferred to
4 State and local entities for drug control activities and shall
5 be obligated not later than 120 days after enactment of
6 this Act: Provided, That up to 49 percent may be trans7 ferred to Federal agencies and departments in amounts
8 determined by the Director of the Office of National Drug
9 Control Policy, of which up to $2,700,000 may be used
10 for auditing services and associated activities: Provided
11 further, That, notwithstanding the requirements of Public
12 Law 106–58, any unexpended funds obligated prior to fis13 cal year 2012 may be used for any other approved activi14 ties of that HIDTA, subject to reprogramming require15 ments: Provided further, That each HIDTA designated as
16 of September 30, 2013, shall be funded at not less than
17 the fiscal year 2013 base level, unless the Director submits
18 to the Committees on Appropriations of the House of Rep19 resentatives and the Senate justification for changes to
20 those levels based on clearly articulated priorities and pub21 lished Office of National Drug Control Policy performance
22 measures of effectiveness: Provided further, That the Di23 rector shall notify the Committees on Appropriations of
24 the initial allocation of fiscal year 2014 funding among
25 HIDTAs not later than 45 days after enactment of this
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476
1 Act, and shall notify the Committees of planned uses of
2 discretionary HIDTA funding, as determined in consulta3 tion with the HIDTA Directors, not later than 90 days
4 after enactment of this Act.
5
OTHER FEDERAL DRUG CONTROL PROGRAMS
6
(INCLUDING TRANSFERS OF FUNDS)
7
For other drug control activities authorized by the
8 Office of National Drug Control Policy Reauthorization
9 Act of 2006 (Public Law 109–469), $105,394,000, to re10 main available until expended, which shall be available as
11 follows: $92,000,000 for the Drug-Free Communities Pro12 gram, of which $2,000,000 shall be made available as di13 rected by section 4 of Public Law 107–82, as amended
14 by Public Law 109–469 (21 U.S.C. 1521 note);
15 $1,400,000 for drug court training and technical assist16 ance; $8,750,000 for anti-doping activities; $1,994,000 for
17 the United States membership dues to the World Anti18 Doping Agency; and $1,250,000 shall be made available
19 as directed by section 1105 of Public Law 109–469: Pro20 vided, That amounts made available under this heading
21 may be transferred to other Federal departments and
22 agencies to carry out such activities.
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477
1
INFORMATION TECHNOLOGY OVERSIGHT
2
AND
REFORM
(INCLUDING TRANSFER OF FUNDS)
3
For necessary expenses for the furtherance of inte-
4 grated, efficient, secure, and effective uses of information
5 technology in the Federal Government, $8,000,000, to re6 main available until expended: Provided, That the Director
7 of the Office of Management and Budget may transfer
8 these funds to one or more other agencies to carry out
9 projects to meet these purposes: Provided further, That
10 the Director of the Office of Management and Budget
11 shall submit quarterly reports not later than 45 days after
12 the end of each quarter to the Committees on Appropria13 tions of the House of Representatives and the Senate and
14 the Government Accountability Office identifying the sav15 ings achieved by the Office of Management and Budget’s
16 government-wide information technology reform efforts:
17 Provided further, That such reports shall include savings
18 identified by fiscal year, agency, and appropriation.
19
UNANTICIPATED NEEDS
20
For expenses necessary to enable the President to
21 meet unanticipated needs, in furtherance of the national
22 interest, security, or defense which may arise at home or
23 abroad during the current fiscal year, as authorized by
24 3 U.S.C. 108, $800,000, to remain available until Sep25 tember 30, 2015.
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478
1
DATA-DRIVEN INNOVATION
2
(INCLUDING TRANSFER OF FUNDS)
3
For necessary expenses to improve the use of data
4 and evidence to improve government effectiveness and effi5 ciency, $2,000,000, to remain available until expended, for
6 projects that enable Federal agencies to increase the use
7 of evidence and innovation in order to improve program
8 results and cost-effectiveness by utilizing rigorous evalua9 tion and other evidence-based tools: Provided, That the
10 Director of the Office of Management and Budget shall
11 transfer these funds to one or more other agencies to carry
12 out projects to meet these purposes and to conduct or pro13 vide for evaluation of such projects: Provided further, That
14 the Office of Management and Budget shall submit a
15 progress report to the Committees on Appropriations of
16 the House of Representatives and the Senate and the Gov17 ernment Accountability Office not later than March 31,
18 2014 and semiannually thereafter until the program is
19 completed, including detailed information on goals, objec20 tives, performance measures, and evaluations of the pro21 gram in general and of each specific project.
22
SPECIAL ASSISTANCE
23
TO THE
PRESIDENT
SALARIES AND EXPENSES
24
For necessary expenses to enable the Vice President
25 to provide assistance to the President in connection with
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479
1 specially assigned functions; services as authorized by 5
2 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex3 penses as authorized by 3 U.S.C. 106, which shall be ex4 pended and accounted for as provided in that section; and
5 hire of passenger motor vehicles, $4,319,000.
6
OFFICIAL RESIDENCE
OF THE
VICE PRESIDENT
7
OPERATING EXPENSES
8
(INCLUDING TRANSFER OF FUNDS)
9
For the care, operation, refurnishing, improvement,
10 and to the extent not otherwise provided for, heating and
11 lighting, including electric power and fixtures, of the offi12 cial residence of the Vice President; the hire of passenger
13 motor vehicles; and not to exceed $90,000 for official en14 tertainment expenses of the Vice President, to be ac15 counted for solely on his certificate, $305,000: Provided,
16 That advances or repayments or transfers from this ap17 propriation may be made to any department or agency for
18 expenses of carrying out such activities.
19 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE
OF
20
THE
TO
21
THE
22
PRESIDENT
AND
FUNDS APPROPRIATED
PRESIDENT
(INCLUDING TRANSFERS OF FUNDS)
23
SEC. 201. From funds made available in this Act
24 under the headings ‘‘The White House’’, ‘‘Executive Resi25 dence at the White House’’, ‘‘White House Repair and
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480
1 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National
2 Security Council and Homeland Security Council’’, ‘‘Of3 fice of Administration’’, ‘‘Special Assistance to the Presi4 dent’’, and ‘‘Official Residence of the Vice President’’, the
5 Director of the Office of Management and Budget (or
6 such other officer as the President may designate in writ7 ing), may, with advance approval of the Committees on
8 Appropriations of the House of Representatives and the
9 Senate, transfer not to exceed 10 percent of any such ap10 propriation to any other such appropriation, to be merged
11 with and available for the same time and for the same
12 purposes as the appropriation to which transferred: Pro13 vided, That the amount of an appropriation shall not be
14 increased by more than 50 percent by such transfers: Pro15 vided further, That no amount shall be transferred from
16 ‘‘Special Assistance to the President’’ or ‘‘Official Resi17 dence of the Vice President’’ without the approval of the
18 Vice President.
19
SEC. 202. Within 90 days after the date of enactment
20 of this section, the Director of the Office of Management
21 and Budget shall submit a report to the Committees on
22 Appropriations of the House of Representatives and the
23 Senate on the costs of implementing the Dodd-Frank Wall
24 Street Reform and Consumer Protection Act (Public Law
25 111–203). Such report shall include—
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481
1
(1) the estimated mandatory and discretionary
2
obligations of funds through fiscal year 2016, by
3
Federal agency and by fiscal year, including—
4
(A) the estimated obligations by cost in-
5
puts such as rent, information technology, con-
6
tracts, and personnel;
7
(B) the methodology and data sources used
8
to calculate such estimated obligations; and
9
(C) the specific section of such Act that re-
10
quires the obligation of funds; and
11
(2) the estimated receipts through fiscal year
12
2016 from assessments, user fees, and other fees by
13
the Federal agency making the collections, by fiscal
14
year, including—
15
(A) the methodology and data sources used
16
to calculate such estimated collections; and
17
(B) the specific section of such Act that
18
authorizes the collection of funds.
19
SEC. 203. The Director of the Office of National
20 Drug Control Policy shall submit to the Committees on
21 Appropriations of the House of Representatives and the
22 Senate not later than 60 days after the date of enactment
23 of this Act, and prior to the initial obligation of more than
24 20 percent of the funds appropriated in any account under
25 the heading ‘‘Office of National Drug Control Policy’’, a
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482
1 detailed narrative and financial plan on the proposed uses
2 of all funds under the account by program, project, and
3 activity: Provided, That the reports required by this sec4 tion shall be updated and submitted to the Committees
5 on Appropriations every 6 months and shall include infor6 mation detailing how the estimates and assumptions con7 tained in previous reports have changed: Provided further,
8 That any new projects and changes in funding of ongoing
9 projects shall be subject to the prior approval of the Com10 mittees on Appropriations.
11
SEC. 204. Not to exceed 2 percent of any appropria-
12 tions in this Act made available to the Office of National
13 Drug Control Policy may be transferred between appro14 priated programs upon the advance approval of the Com15 mittees on Appropriations: Provided, That no transfer
16 may increase or decrease any such appropriation by more
17 than 3 percent.
18
SEC. 205. Not to exceed $1,000,000 of any appro-
19 priations in this Act made available to the Office of Na20 tional Drug Control Policy may be reprogrammed within
21 a program, project, or activity upon the advance approval
22 of the Committees on Appropriations.
23
This title may be cited as the ‘‘Executive Office of
24 the President Appropriations Act, 2014’’.
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483
1
TITLE III
2
THE JUDICIARY
3
SUPREME COURT
4
OF THE
UNITED STATES
SALARIES AND EXPENSES
5
For expenses necessary for the operation of the Su-
6 preme Court, as required by law, excluding care of the
7 building and grounds, including hire of passenger motor
8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not
9 to exceed $10,000 for official reception and representation
10 expenses; and for miscellaneous expenses, to be expended
11 as the Chief Justice may approve, $72,625,000, of which
12 $1,500,000 shall remain available until expended.
13
In addition, there are appropriated such sums as may
14 be necessary under current law for the salaries of the chief
15 justice and associate justices of the court.
16
CARE OF THE BUILDING AND GROUNDS
17
For such expenditures as may be necessary to enable
18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112,
20 $11,158,000, to remain available until expended.
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484
1 UNITED STATES COURT
OF
2
CIRCUIT
3
SALARIES AND EXPENSES
4
APPEALS
FOR THE
FEDERAL
For salaries of officers and employees, and for nec-
5 essary expenses of the court, as authorized by law,
6 $29,600,000.
7
In addition, there are appropriated such sums as may
8 be necessary under current law for the salaries of the chief
9 judge and judges of the court.
10
UNITED STATES COURT
11
OF INTERNATIONAL
TRADE
SALARIES AND EXPENSES
12
For salaries of officers and employees of the court,
13 services, and necessary expenses of the court, as author14 ized by law, $19,200,000.
15
In addition, there are appropriated such sums as may
16 be necessary under current law for the salaries of the chief
17 judge and judges of the court.
18
COURTS
OF
APPEALS, DISTRICT COURTS,
19
JUDICIAL SERVICES
20
SALARIES AND EXPENSES
21
AND
OTHER
For the salaries of judges of the United States Court
22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise
24 specifically provided for, necessary expenses of the courts,
25 and the purchase, rental, repair, and cleaning of uniforms
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485
1 for Probation and Pretrial Services Office staff, as author2 ized by law, $4,658,830,000 (including the purchase of
3 firearms and ammunition); of which not to exceed
4 $27,817,000 shall remain available until expended for
5 space alteration projects and for furniture and furnishings
6 related to new space alteration and construction projects;
7 and of which not to exceed $50,000,000 shall remain
8 available until September 30, 2015, for cost containment
9 initiatives: Provided, That the amount provided for cost
10 containment initiatives shall not be available for obligation
11 until the Director of the Administrative Office of the
12 United States Courts submits a report to the Committees
13 on Appropriations of the House of Representatives and the
14 Senate showing that the estimated cost savings resulting
15 from the initiatives will exceed the estimated amounts obli16 gated for the initiatives.
17
In addition, there are appropriated such sums as may
18 be necessary under current law for the salaries of circuit
19 and district judges (including judges of the territorial
20 courts of the United States), bankruptcy judges, and jus21 tices and judges retired from office or from regular active
22 service.
23
In addition, for expenses of the United States Court
24 of Federal Claims associated with processing cases under
25 the National Childhood Vaccine Injury Act of 1986 (Pub-
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486
1 lic Law 99–660), not to exceed $5,327,000, to be appro2 priated from the Vaccine Injury Compensation Trust
3 Fund.
4
DEFENDER SERVICES
5
For the operation of Federal Defender organizations;
6 the compensation and reimbursement of expenses of attor7 neys appointed to represent persons under 18 U.S.C.
8 3006A and 3599, and for the compensation and reim9 bursement of expenses of persons furnishing investigative,
10 expert, and other services for such representations as au11 thorized by law; the compensation (in accordance with the
12 maximums under 18 U.S.C. 3006A) and reimbursement
13 of expenses of attorneys appointed to assist the court in
14 criminal cases where the defendant has waived representa15 tion by counsel; the compensation and reimbursement of
16 expenses of attorneys appointed to represent jurors in civil
17 actions for the protection of their employment, as author18 ized by 28 U.S.C. 1875(d)(1); the compensation and reim19 bursement of expenses of attorneys appointed under 18
20 U.S.C. 983(b)(1) in connection with certain judicial civil
21 forfeiture proceedings; the compensation and reimburse22 ment of travel expenses of guardians ad litem appointed
23 under 18 U.S.C. 4100(b); and for necessary training and
24 general administrative expenses, $1,044,394,000, to re25 main available until expended.
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487
1
FEES OF JURORS AND COMMISSIONERS
2
For fees and expenses of jurors as authorized by 28
3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases
6 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71.1(h)), $53,891,000,
8 to remain available until expended: Provided, That the
9 compensation of land commissioners shall not exceed the
10 daily equivalent of the highest rate payable under 5 U.S.C.
11 5332.
12
COURT SECURITY
13
(INCLUDING TRANSFERS OF FUNDS)
14
For necessary expenses, not otherwise provided for,
15 incident to the provision of protective guard services for
16 United States courthouses and other facilities housing
17 Federal court operations, and the procurement, installa18 tion, and maintenance of security systems and equipment
19 for United States courthouses and other facilities housing
20 Federal court operations, including building ingress-egress
21 control, inspection of mail and packages, directed security
22 patrols, perimeter security, basic security services provided
23 by the Federal Protective Service, and other similar activi24 ties as authorized by section 1010 of the Judicial Improve25 ment and Access to Justice Act (Public Law 100–702),
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488
1 $497,500,000, of which not to exceed $15,000,000 shall
2 remain available until expended, to be expended directly
3 or transferred to the United States Marshals Service,
4 which shall be responsible for administering the Judicial
5 Facility Security Program consistent with standards or
6 guidelines agreed to by the Director of the Administrative
7 Office of the United States Courts and the Attorney Gen8 eral.
9
ADMINISTRATIVE OFFICE
OF THE
UNITED STATES
10
COURTS
11
SALARIES AND EXPENSES
12
For necessary expenses of the Administrative Office
13 of the United States Courts as authorized by law, includ14 ing travel as authorized by 31 U.S.C. 1345, hire of a pas15 senger motor vehicle as authorized by 31 U.S.C. 1343(b),
16 advertising and rent in the District of Columbia and else17 where, $81,200,000, of which not to exceed $8,500 is au18 thorized for official reception and representation expenses.
19
FEDERAL JUDICIAL CENTER
20
SALARIES AND EXPENSES
21
For necessary expenses of the Federal Judicial Cen-
22 ter, as authorized by Public Law 90–219, $26,200,000;
23 of which $1,800,000 shall remain available through Sep24 tember 30, 2015, to provide education and training to
25 Federal court personnel; and of which not to exceed
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489
1 $1,500 is authorized for official reception and representa2 tion expenses.
3
UNITED STATES SENTENCING COMMISSION
4
SALARIES AND EXPENSES
5
For the salaries and expenses necessary to carry out
6 the provisions of chapter 58 of title 28, United States
7 Code, $16,200,000, of which not to exceed $1,000 is au8 thorized for official reception and representation expenses.
9
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
10
(INCLUDING TRANSFER OF FUNDS)
11
SEC. 301. Appropriations and authorizations made in
12 this title which are available for salaries and expenses shall
13 be available for services as authorized by 5 U.S.C. 3109.
14
SEC. 302. Not to exceed 5 percent of any appropria-
15 tion made available for the current fiscal year for the Judi16 ciary in this Act may be transferred between such appro17 priations, but no such appropriation, except ‘‘Courts of
18 Appeals, District Courts, and Other Judicial Services, De19 fender Services’’ and ‘‘Courts of Appeals, District Courts,
20 and Other Judicial Services, Fees of Jurors and Commis21 sioners’’, shall be increased by more than 10 percent by
22 any such transfers: Provided, That any transfer pursuant
23 to this section shall be treated as a reprogramming of
24 funds under sections 604 and 608 of this Act and shall
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490
1 not be available for obligation or expenditure except in
2 compliance with the procedures set forth in section 608.
3
SEC. 303. Notwithstanding any other provision of
4 law, the salaries and expenses appropriation for ‘‘Courts
5 of Appeals, District Courts, and Other Judicial Services’’
6 shall be available for official reception and representation
7 expenses of the Judicial Conference of the United States:
8 Provided, That such available funds shall not exceed
9 $11,000 and shall be administered by the Director of the
10 Administrative Office of the United States Courts in the
11 capacity as Secretary of the Judicial Conference.
12
SEC. 304. Section 3314(a) of title 40, United States
13 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec14 utive’’ each place it appears.
15
SEC. 305. In accordance with 28 U.S.C. 561–569,
16 and notwithstanding any other provision of law, the
17 United States Marshals Service shall provide, for such
18 courthouses as its Director may designate in consultation
19 with the Director of the Administrative Office of the
20 United States Courts, for purposes of a pilot program, the
21 security services that 40 U.S.C. 1315 authorizes the De22 partment of Homeland Security to provide, except for the
23 services specified in 40 U.S.C. 1315(b)(2)(E). For build24 ing-specific security services at these courthouses, the Di25 rector of the Administrative Office of the United States
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491
1 Courts shall reimburse the United States Marshals Service
2 rather than the Department of Homeland Security.
3
SEC. 306. The Supreme Court of the United States,
4 the Federal Judicial Center, and the United States Sen5 tencing Commission are hereby authorized, now and here6 after, to enter into contracts for the acquisition of sever7 able services for a period that begins in one fiscal year
8 and ends in the next fiscal year and to enter into contracts
9 for multiple years for the acquisition of property and serv10 ices, to the same extent as executive agencies under the
11 authority of 41 U.S.C. sections 3902 and 3903, respec12 tively.
13
SEC. 307. (a) Section 203(c) of the Judicial Improve-
14 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133
15 note), is amended in the matter following paragraph
16 (12)—
17
(1) in the second sentence (relating to the Dis-
18
trict of Kansas), by striking ‘‘22 years and 6
19
months’’ and inserting ‘‘23 years and 6 months’’;
20
and
21
(2) in the sixth sentence (relating to the Dis-
22
trict of Hawaii), by striking ‘‘19 years and 6
23
months’’ and inserting ‘‘20 years and 6 months’’.
24
(b) Section 406 of the Transportation, Treasury,
25 Housing and Urban Development, the Judiciary, the Dis-
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492
1 trict of Columbia, and Independent Agencies Appropria2 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470;
3 28 U.S.C. 133 note) is amended in the second sentence
4 (relating to the eastern District of Missouri) by striking
5 ‘‘20 years and 6 months’’ and inserting ‘‘21 years and
6 6 months’’.
7
(c) Section 312(c)(2) of the 21st Century Depart-
8 ment of Justice Appropriations Authorization Act (Public
9 Law 107–273; 28 U.S.C. 133 note), is amended—
10
(1) in the first sentence by striking ‘‘11 years’’
11
and inserting ‘‘12 years’’; and
12
(2) in the second sentence (relating to the cen-
13
tral District of California), by striking ‘‘10 years
14
and 6 months’’ and inserting ‘‘11 years and 6
15
months’’.
16
This title may be cited as the ‘‘Judiciary Appropria-
17 tions Act, 2014’’.
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493
1
TITLE IV
2
DISTRICT OF COLUMBIA
3
FEDERAL FUNDS
4
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
5
For a Federal payment to the District of Columbia,
6 to be deposited into a dedicated account, for a nationwide
7 program to be administered by the Mayor, for District of
8 Columbia resident tuition support, $30,000,000, to remain
9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an
12 amount based upon the difference between in-State and
13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private
15 institutions of higher education: Provided further, That the
16 awarding of such funds may be prioritized on the basis
17 of a resident’s academic merit, the income and need of
18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the
22 Federal funds appropriated to the Program in this Act
23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in
25 this or any fiscal year: Provided further, That the account
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494
1 shall be under the control of the District of Columbia
2 Chief Financial Officer, who shall use those funds solely
3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the
5 Chief Financial Officer shall provide a quarterly financial
6 report to the Committees on Appropriations of the House
7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor.
10
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
11
SECURITY COSTS IN THE DISTRICT OF COLUMBIA
12
For a Federal payment of necessary expenses, as de-
13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials
15 of surrounding jurisdictions, $23,800,000, to remain
16 available until expended, to be allocated as follows:
17 $14,880,000, for the costs of providing public safety at
18 events related to the presence of the National Capital in
19 the District of Columbia, including support requested by
20 the Director of the United States Secret Service in car21 rying out protective duties under the direction of the Sec22 retary of Homeland Security, and for the costs of pro23 viding support to respond to immediate and specific ter24 rorist threats or attacks in the District of Columbia or
25 surrounding jurisdictions; and $8,920,000 for reimburse-
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495
1 ment of the costs of providing public safety associated with
2 the 57th Presidential Inauguration.
3
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
4
COURTS
5
For salaries and expenses for the District of Colum-
6 bia Courts, $232,812,000 to be allocated as follows: for
7 the District of Columbia Court of Appeals, $13,374,000,
8 of which not to exceed $2,500 is for official reception and
9 representation expenses; for the District of Columbia Su10 perior Court, $114,921,000, of which not to exceed $2,500
11 is for official reception and representation expenses; for
12 the District of Columbia Court System, $69,155,000, of
13 which not to exceed $2,500 is for official reception and
14 representation expenses; and $35,362,000, to remain
15 available until September 30, 2015, for capital improve16 ments for District of Columbia courthouse facilities: Pro17 vided, That funds made available for capital improvements
18 shall be expended consistent with the District of Columbia
19 Courts master plan study and building evaluation report:
20 Provided further, That notwithstanding any other provi21 sion of law, all amounts under this heading shall be appor22 tioned quarterly by the Office of Management and Budget
23 and obligated and expended in the same manner as funds
24 appropriated for salaries and expenses of other Federal
25 agencies: Provided further, That 30 days after providing
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496
1 written notice to the Committees on Appropriations of the
2 House of Representatives and the Senate, the District of
3 Columbia
Courts
may
reallocate
not
more
than
4 $6,000,000 of the funds provided under this heading
5 among the items and entities funded under this heading:
6 Provided further, That the Joint Committee on Judicial
7 Administration in the District of Columbia may, by regu8 lation, establish a program substantially similar to the
9 program set forth in subchapter II of chapter 35 of title
10 5, United States Code, for individuals serving the District
11 of Columbia Courts.
12
FEDERAL PAYMENT FOR DEFENDER SERVICES IN
13
DISTRICT OF COLUMBIA COURTS
14
For payments authorized under section 11–2604 and
15 section 11–2605, D.C. Official Code (relating to represen16 tation provided under the District of Columbia Criminal
17 Justice Act), payments for counsel appointed in pro18 ceedings in the Family Court of the Superior Court of the
19 District of Columbia under chapter 23 of title 16, D.C.
20 Official Code, or pursuant to contractual agreements to
21 provide guardian ad litem representation, training, tech22 nical assistance, and such other services as are necessary
23 to improve the quality of guardian ad litem representation,
24 payments for counsel appointed in adoption proceedings
25 under chapter 3 of title 16, D.C. Official Code, and pay-
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497
1 ments authorized under section 21–2060, D.C. Official
2 Code (relating to services provided under the District of
3 Columbia Guardianship, Protective Proceedings, and Du4 rable Power of Attorney Act of 1986), $49,890,000, to
5 remain available until expended: Provided, That funds
6 provided under this heading shall be administered by the
7 Joint Committee on Judicial Administration in the Dis8 trict of Columbia: Provided further, That, notwithstanding
9 any other provision of law, this appropriation shall be ap10 portioned quarterly by the Office of Management and
11 Budget and obligated and expended in the same manner
12 as funds appropriated for expenses of other Federal agen13 cies.
14
FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
15
FENDER SUPERVISION AGENCY FOR THE DISTRICT
16
OF COLUMBIA
17
For salaries and expenses, including the transfer and
18 hire of motor vehicles, of the Court Services and Offender
19 Supervision Agency for the District of Columbia, as au20 thorized by the National Capital Revitalization and Self21 Government Improvement Act of 1997, $226,484,000, of
22 which not to exceed $2,000 is for official reception and
23 representation expenses related to Community Supervision
24 and Pretrial Services Agency programs; of which not to
25 exceed $25,000 is for dues and assessments relating to
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498
1 the implementation of the Court Services and Offender
2 Supervision Agency Interstate Supervision Act of 2002;
3 of which $167,269,000 shall be for necessary expenses of
4 Community Supervision and Sex Offender Registration, to
5 include expenses relating to the supervision of adults sub6 ject to protection orders or the provision of services for
7 or related to such persons; and of which $59,215,000 shall
8 be available to the Pretrial Services Agency: Provided,
9 That notwithstanding any other provision of law, all
10 amounts under this heading shall be apportioned quarterly
11 by the Office of Management and Budget and obligated
12 and expended in the same manner as funds appropriated
13 for salaries and expenses of other Federal agencies: Pro14 vided further, That not less than $1,000,000 shall be avail15 able for re-entrant housing in the District of Columbia:
16 Provided further, That the Director is authorized to accept
17 and use gifts in the form of in-kind contributions of space
18 and hospitality to support offender and defendant pro19 grams; and equipment, supplies, and vocational training
20 services necessary to sustain, educate, and train offenders
21 and defendants, including their dependent children: Pro22 vided further, That the Director shall keep accurate and
23 detailed records of the acceptance and use of any gift or
24 donation under the previous proviso, and shall make such
25 records available for audit and public inspection: Provided
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499
1 further, That the Court Services and Offender Supervision
2 Agency Director is authorized to accept and use reim3 bursement from the District of Columbia Government for
4 space and services provided on a cost reimbursable basis.
5
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
6
PUBLIC DEFENDER SERVICE
7
For salaries and expenses, including the transfer and
8 hire of motor vehicles, of the District of Columbia Public
9 Defender Service, as authorized by the National Capital
10 Revitalization and Self-Government Improvement Act of
11 1997, $40,607,000: Provided, That notwithstanding any
12 other provision of law, all amounts under this heading
13 shall be apportioned quarterly by the Office of Manage14 ment and Budget and obligated and expended in the same
15 manner as funds appropriated for salaries and expenses
16 of Federal agencies: Provided further, That, notwith17 standing section 1342 of title 31, United States Code, and
18 in addition to the authority provided by the District of
19 Columbia Code Section 2–1607(b), upon approval of the
20 Board of Trustees, the District of Columbia Public De21 fender Service may accept and use voluntary and uncom22 pensated services for the purpose of aiding or facilitating
23 the work of the District of Columbia Public Defender
24 Service.
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500
1
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
2
WATER AND SEWER AUTHORITY
3
For a Federal payment to the District of Columbia
4 Water and Sewer Authority, $14,000,000, to remain avail5 able until expended, to continue implementation of the
6 Combined Sewer Overflow Long-Term Plan: Provided,
7 That the District of Columbia Water and Sewer Authority
8 provides a 100 percent match for this payment.
9
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
10
COORDINATING COUNCIL
11
For a Federal payment to the Criminal Justice Co-
12 ordinating Council, $1,800,000, to remain available until
13 expended, to support initiatives related to the coordination
14 of Federal and local criminal justice resources in the Dis15 trict of Columbia.
16
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
17
For a Federal payment, to remain available until
18 September 30, 2015, to the Commission on Judicial Dis19 abilities and Tenure, $295,000, and for the Judicial Nomi20 nation Commission, $205,000.
21
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
22
For a Federal payment for a school improvement pro-
23 gram in the District of Columbia, $48,000,000, to remain
24 available until expended, for payments authorized under
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501
1 the Scholarship for Opportunity and Results Act (division
2 C of Public Law 112–10).
3
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA
4
NATIONAL GUARD
5
For a Federal payment to the District of Columbia
6 National Guard, $375,000, to remain available until ex7 pended for the Major General David F. Wherley, Jr. Dis8 trict of Columbia National Guard Retention and College
9 Access Program.
10
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF
11
HIV/AIDS
12
For a Federal payment to the District of Columbia
13 for the testing of individuals for, and the treatment of in14 dividuals with, human immunodeficiency virus and ac15 quired immunodeficiency syndrome in the District of Co16 lumbia, $5,000,000.
17
DISTRICT
18
OF
COLUMBIA FUNDS
Local funds are appropriated for the District of Co-
19 lumbia for the current fiscal year out of the General Fund
20 of the District of Columbia (‘‘General Fund’’) for pro21 grams and activities set forth under the heading ‘‘District
22 of Columbia Funds Summary of Expenses’’ and at the
23 rate set forth under such heading, as included in the Fis24 cal Year 2014 Budget Request Act of 2013 submitted to
25 the Congress by the District of Columbia as amended as
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502
1 of the date of enactment of this Act: Provided, That not2 withstanding any other provision of law, except as pro3 vided in section 450A of the District of Columbia Home
4 Rule Act (section 1–204.50a, D.C. Official Code), sections
5 816 and 817 of the Financial Services and General Gov6 ernment Appropriations Act, 2009 (secs. 47–369.01 and
7 47–369.02, D.C. Official Code), and provisions of this Act,
8 the total amount appropriated in this Act for operating
9 expenses for the District of Columbia for fiscal year 2014
10 under this heading shall not exceed the estimates included
11 in the Fiscal Year 2014 Budget Request Act of 2013 sub12 mitted to Congress by the District of Columbia as amend13 ed as of the date of enactment of this Act or the sum
14 of the total revenues of the District of Columbia for such
15 fiscal year: Provided further, That the amount appro16 priated may be increased by proceeds of one-time trans17 actions, which are expended for emergency or unantici18 pated operating or capital needs: Provided further, That
19 such increases shall be approved by enactment of local
20 District law and shall comply with all reserve requirements
21 contained in the District of Columbia Home Rule Act:
22 Provided further, That the Chief Financial Officer of the
23 District of Columbia shall take such steps as are necessary
24 to assure that the District of Columbia meets these re25 quirements, including the apportioning by the Chief Fi-
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503
1 nancial Officer of the appropriations and funds made
2 available to the District during fiscal year 2014, except
3 that the Chief Financial Officer may not reprogram for
4 operating expenses any funds derived from bonds, notes,
5 or other obligations issued for capital projects.
6
This title may be cited as the ‘‘District of Columbia
7 Appropriations Act, 2014’’.
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504
1
TITLE V
2
INDEPENDENT AGENCIES
3 ADMINISTRATIVE CONFERENCE
4
OF THE
UNITED STATES
SALARIES AND EXPENSES
5
For necessary expenses of the Administrative Con-
6 ference of the United States, authorized by 5 U.S.C. 591
7 et seq., $3,000,000, to remain available until September
8 30, 2015, of which not to exceed $1,000 is for official re9 ception and representation expenses.
10
CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION
11
SALARIES AND EXPENSES
12
For payment to the Christopher Columbus Fellow-
13 ship Foundation, established by section 423 of Public Law
14 102–281, $150,000, to remain available until expended.
15
CONSUMER PRODUCT SAFETY COMMISSION
16
SALARIES AND EXPENSES
17
For necessary expenses of the Consumer Product
18 Safety Commission, including hire of passenger motor ve19 hicles, services as authorized by 5 U.S.C. 3109, but at
20 rates for individuals not to exceed the per diem rate equiv21 alent to the maximum rate payable under 5 U.S.C. 5376,
22 purchase of nominal awards to recognize non-Federal offi23 cials’ contributions to Commission activities, and not to
24 exceed $4,000 for official reception and representation ex25 penses, $118,000,000, of which $1,000,000 shall remain
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505
1 available until expended to carry out the program required
2 by section 1405 of the Virginia Graeme Baker Pool and
3 Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004).
4
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT
5
SAFETY COMMISSION
6
SEC. 501. The Virginia Graeme Baker Pool and Spa
7 Safety Act (15 U.S.C. 8001 et seq.) is amended—
8
(1) in section 1405 (15 U.S.C. 8004)—
9
(A) in subsection (b)(1)(A), by striking
10
‘‘all swimming pools constructed after the date
11
that is 6 months after the date of enactment of
12
the Financial Services and General Government
13
Appropriations Act, 2012 in the State’’ and in-
14
serting ‘‘all swimming pools constructed in the
15
State after the date the State submits an appli-
16
cation to the Commission for a grant under this
17
section’’; and
18
(B) in subsection (e)—
19
(i) by striking the first sentence and
20
inserting the following: ‘‘There is author-
21
ized to be appropriated to the Commission
22
such sums as may be necessary to carry
23
out this section through fiscal year 2016.’’;
24
and
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506
1
(ii) in the second sentence, by striking
2
‘‘fiscal year 2012’’ and inserting ‘‘fiscal
3
year 2016’’; and
4
(2) in section 1406(a) (15 U.S.C. 8005(a))—
5
(A) in paragraph (1)(A)—
6
(i) in clause (i), by inserting ‘‘and’’
7
after the semicolon;
8
(ii) by striking clauses (ii), (iv) and
9
(v) and redesignating clause (iii) as clause
10
(ii); and
11
(iii) in clause (ii)(III) (as so redesig-
12
nated), by inserting ‘‘and’’ after the semi-
13
colon;
14
(B) by striking paragraph (2) and redesig-
15
nating paragraphs (3) and (4) as paragraphs
16
(2) and (3), respectively; and
17
(C) in paragraph (3) (as so redesignated),
18
by striking ‘‘paragraph (1)’’ and inserting
19
‘‘paragraph (1)(B)’’.
20
ELECTION ASSISTANCE COMMISSION
21
SALARIES AND EXPENSES
22
(INCLUDING TRANSFER OF FUNDS)
23
For necessary expenses to carry out the Help Amer-
24 ica Vote Act of 2002 (Public Law 107–252), $10,000,000,
25 of which $1,900,000 shall be transferred to the National
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507
1 Institute of Standards and Technology for election reform
2 activities authorized under the Help America Vote Act of
3 2002.
4
FEDERAL COMMUNICATIONS COMMISSION
5
SALARIES AND EXPENSES
6
For necessary expenses of the Federal Communica-
7 tions Commission, as authorized by law, including uni8 forms and allowances therefor, as authorized by 5 U.S.C.
9 5901–5902; not to exceed $4,000 for official reception and
10 representation expenses; purchase and hire of motor vehi11 cles; special counsel fees; and services as authorized by
12 5 U.S.C. 3109, $339,844,000, to remain available until
13 expended: Provided, That of which not less than $300,000
14 shall be available for consultation with federally recognized
15 Indian tribes, Alaska Native villages, and entities related
16 to Hawaiian Home Lands: Provided further, That
17 $339,844,000 of offsetting collections shall be assessed
18 and collected pursuant to section 9 of title I of the Com19 munications Act of 1934, shall be retained and used for
20 necessary expenses and shall remain available until ex21 pended: Provided further, That the sum herein appro22 priated shall be reduced as such offsetting collections are
23 received during fiscal year 2014 so as to result in a final
24 fiscal year 2014 appropriation estimated at $0: Provided
25 further, That any offsetting collections received in excess
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508
1 of $339,844,000 in fiscal year 2014 shall not be available
2 for obligation: Provided further, That remaining offsetting
3 collections from prior years collected in excess of the
4 amount specified for collection in each such year and oth5 erwise becoming available on October 1, 2013, shall not
6 be available for obligation: Provided further, That notwith7 standing 47 U.S.C. 309(j)(8)(B), proceeds from the use
8 of a competitive bidding system that may be retained and
9 made available for obligation shall not exceed $98,700,000
10 for fiscal year 2014: Provided further, That of the amount
11 appropriated
under
this
heading,
not
less
than
12 $11,090,000 shall be for the salaries and expenses of the
13 Office of Inspector General.
14
ADMINISTRATIVE PROVISIONS—FEDERAL
15
COMMUNICATIONS COMMISSION
16
SEC. 510. Section 302 of the Universal Service
17 Antideficiency Temporary Suspension Act is amended by
18 striking ‘‘January 15, 2014’’, each place it appears and
19 inserting ‘‘December 31, 2015’’.
20
SEC. 511. None of the funds appropriated by this Act
21 may be used by the Federal Communications Commission
22 to modify, amend, or change its rules or regulations for
23 universal service support payments to implement the Feb24 ruary 27, 2004 recommendations of the Federal-State
25 Joint Board on Universal Service regarding single connec-
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509
1 tion or primary line restrictions on universal service sup2 port payments.
3
FEDERAL DEPOSIT INSURANCE CORPORATION
4
OFFICE OF THE INSPECTOR GENERAL
5
For necessary expenses of the Office of Inspector
6 General in carrying out the provisions of the Inspector
7 General Act of 1978, $34,568,000, to be derived from the
8 Deposit Insurance Fund or, only when appropriate, the
9 FSLIC Resolution Fund.
10
FEDERAL ELECTION COMMISSION
11
SALARIES AND EXPENSES
12
For necessary expenses to carry out the provisions
13 of the Federal Election Campaign Act of 1971,
14 $65,791,000, of which not to exceed $5,000 shall be avail15 able for reception and representation expenses.
16
FEDERAL LABOR RELATIONS AUTHORITY
17
SALARIES AND EXPENSES
18
For necessary expenses to carry out functions of the
19 Federal Labor Relations Authority, pursuant to Reorga20 nization Plan Numbered 2 of 1978, and the Civil Service
21 Reform Act of 1978, including services authorized by 5
22 U.S.C. 3109, and including hire of experts and consult23 ants, hire of passenger motor vehicles, and including offi24 cial reception and representation expenses (not to exceed
25 $1,500) and rental of conference rooms in the District of
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510
1 Columbia and elsewhere, $25,500,000: Provided, That
2 public members of the Federal Service Impasses Panel
3 may be paid travel expenses and per diem in lieu of sub4 sistence as authorized by law (5 U.S.C. 5703) for persons
5 employed intermittently in the Government service, and
6 compensation as authorized by 5 U.S.C. 3109: Provided
7 further, That, notwithstanding 31 U.S.C. 3302, funds re8 ceived from fees charged to non-Federal participants at
9 labor-management relations conferences shall be credited
10 to and merged with this account, to be available without
11 further appropriation for the costs of carrying out these
12 conferences.
13
FEDERAL TRADE COMMISSION
14
SALARIES AND EXPENSES
15
For necessary expenses of the Federal Trade Com-
16 mission, including uniforms or allowances therefor, as au17 thorized by 5 U.S.C. 5901–5902; services as authorized
18 by 5 U.S.C. 3109; hire of passenger motor vehicles; and
19 not to exceed $2,000 for official reception and representa20 tion expenses, $298,000,000, to remain available until ex21 pended: Provided, That not to exceed $300,000 shall be
22 available for use to contract with a person or persons for
23 collection services in accordance with the terms of 31
24 U.S.C. 3718: Provided further, That, notwithstanding any
25 other provision of law, not to exceed $103,300,000 of off-
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511
1 setting collections derived from fees collected for
2 premerger notification filings under the Hart-Scott-Ro3 dino Antitrust Improvements Act of 1976 (15 U.S.C.
4 18a), regardless of the year of collection, shall be retained
5 and used for necessary expenses in this appropriation:
6 Provided further, That, notwithstanding any other provi7 sion of law, not to exceed $15,000,000 in offsetting collec8 tions derived from fees sufficient to implement and enforce
9 the Telemarketing Sales Rule, promulgated under the
10 Telemarketing and Consumer Fraud and Abuse Preven11 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this
12 account, and be retained and used for necessary expenses
13 in this appropriation: Provided further, That the sum here14 in appropriated from the general fund shall be reduced
15 as such offsetting collections are received during fiscal
16 year 2014, so as to result in a final fiscal year 2014 appro17 priation from the general fund estimated at not more than
18 $179,700,000: Provided further, That none of the funds
19 made available to the Federal Trade Commission may be
20 used to implement subsection (e)(2)(B) of section 43 of
21 the Federal Deposit Insurance Act (12 U.S.C. 1831t).
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512
1
GENERAL SERVICES ADMINISTRATION
2
REAL PROPERTY ACTIVITIES
3
FEDERAL BUILDINGS FUND
4
LIMITATIONS ON AVAILABILITY OF REVENUE
5
(INCLUDING TRANSFER OF FUNDS)
6
Amounts in the Fund, including revenues and collec-
7 tions deposited into the Fund shall be available for nec8 essary expenses of real property management and related
9 activities not otherwise provided for, including operation,
10 maintenance, and protection of federally owned and leased
11 buildings; rental of buildings in the District of Columbia;
12 restoration of leased premises; moving governmental agen13 cies (including space adjustments and telecommunications
14 relocation expenses) in connection with the assignment, al15 location and transfer of space; contractual services inci16 dent to cleaning or servicing buildings, and moving; repair
17 and alteration of federally owned buildings including
18 grounds, approaches and appurtenances; care and safe19 guarding of sites; maintenance, preservation, demolition,
20 and equipment; acquisition of buildings and sites by pur21 chase, condemnation, or as otherwise authorized by law;
22 acquisition of options to purchase buildings and sites; con23 version and extension of federally owned buildings; pre24 liminary planning and design of projects by contract or
25 otherwise; construction of new buildings (including equip-
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513
1 ment for such buildings); and payment of principal, inter2 est, and any other obligations for public buildings acquired
3 by installment purchase and purchase contract; in the ag4 gregate amount of $9,370,042,000, of which: (1)
5 $506,178,000 shall remain available until expended for
6 construction and acquisition (including funds for sites and
7 expenses, and associated design and construction services)
8 of additional projects at the following locations:
9
New Construction:
10
California:
11
San Ysidro, United States Land Port
12
of Entry, $128,300,000.
13
Colorado:
14
Lakewood, Denver Federal Center,
15
$13,938,000.
16
District of Columbia:
17
Washington, DHS Consolidation at
18
St. Elizabeths, $155,000,000.
19
Puerto Rico:
20
San Juan, Federal Bureau of Inves-
21
tigation, $85,301,000.
22
Texas:
23
Laredo, United States Land Port of
24
Entry, $25,786,000.
25
Virginia:
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514
1
Winchester,
2
FBI
Central
Records
Complex, $97,853,000:
3 Provided, That each of the foregoing limits of costs on
4 new construction and acquisition projects may be exceeded
5 to the extent that savings are effected in other such
6 projects, but not to exceed 10 percent of the amounts in7 cluded in a transmitted prospectus, if required, unless ad8 vance approval is obtained from the Committees on Appro9 priations of a greater amount: Provided further, That all
10 funds for direct construction projects shall expire on Sep11 tember 30, 2015, and remain in the Federal Buildings
12 Fund, except for funds for projects as to which funds for
13 design or other funds have been obligated in whole or in
14 part prior to such date; (2) $1,076,823,000 shall remain
15 available until expended for repairs and alterations, which
16 includes associated design and construction services; of
17 which $593,288,000 is for Major Repairs and Alterations;
18 $378,535,000 is for Basic Repairs and Alterations; and
19 $105,000,000 is for Special Emphasis Programs:
20
Energy and Water Retrofit and Conservation
21
Measures, $5,000,000.
22
Fire and Life Safety Program, $30,000,000.
23
Consolidation Activities, $70,000,000:
24 Provided, That consolidation projects result in reduced an25 nual rent paid by the tenant agency: Provided further,
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515
1 That no consolidation project exceed $20,000,000 in costs:
2 Provided further, That consolidation projects are approved
3 by each of the committees specified in section 3307(a) of
4 title 40, United States Code: Provided further, That pref5 erence is given to consolidation projects that achieve a uti6 lization rate of 130 usable square feet or less per person
7 for office space: Provided further, That the obligation of
8 funds under this paragraph for consolidation activities
9 may not be made until 10 days after a proposed spending
10 plan and explanation for each project to be undertaken
11 has been submitted to the Committees on Appropriations
12 of the House of Representatives and the Senate:
13 Provided further, That of the total amount under this
14 heading, $69,500,000 shall be available for new construc15 tion and repair to meet the housing requirements of the
16 Judiciary’s Southern District in Mobile, Alabama: Pro17 vided further, That funds made available in this or any
18 previous Act in the Federal Buildings Fund for Repairs
19 and Alterations shall, for prospectus projects, be limited
20 to the amount identified for each project, except each
21 project in this or any previous Act may be increased by
22 an amount not to exceed 10 percent unless advance ap23 proval is obtained from the Committees on Appropriations
24 of a greater amount: Provided further, That additional
25 projects for which prospectuses have been fully approved
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516
1 may be funded under this category only if advance ap2 proval is obtained from the Committees on Appropria3 tions: Provided further, That the amounts provided in this
4 or any prior Act for ‘‘Repairs and Alterations’’ may be
5 used to fund costs associated with implementing security
6 improvements to buildings necessary to meet the minimum
7 standards for security in accordance with current law and
8 in compliance with the reprogramming guidelines of the
9 appropriate Committees of the House and Senate: Pro10 vided further, That the difference between the funds ap11 propriated and expended on any projects in this or any
12 prior Act, under the heading ‘‘Repairs and Alterations’’,
13 may be transferred to Basic Repairs and Alterations or
14 used to fund authorized increases in prospectus projects:
15 Provided further, That all funds for repairs and alterations
16 prospectus projects shall expire on September 30, 2015
17 and remain in the Federal Buildings Fund except funds
18 for projects as to which funds for design or other funds
19 have been obligated in whole or in part prior to such date:
20 Provided further, That the amount provided in this or any
21 prior Act for Basic Repairs and Alterations may be used
22 to pay claims against the Government arising from any
23 projects under the heading ‘‘Repairs and Alterations’’ or
24 used to fund authorized increases in prospectus projects;
25 (3) $109,000,000 for installment acquisition payments in-
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517
1 cluding payments on purchase contracts which shall re2 main available until expended; (4) $5,387,109,000 for
3 rental of space which shall remain available until ex4 pended; and (5) $2,221,432,000 for building operations
5 to
remain
available
6 $1,158,869,000
is
until
for
expended,
building
of
services,
which
and
7 $1,062,563,000 is for salaries and expenses: Provided fur8 ther, That not to exceed 5 percent of any appropriation
9 made available under this heading for building operations
10 may be transferred between and merged with such appro11 priations upon notification to the Committees on Appro12 priations of the House of Representatives and the Senate,
13 but no such appropriation shall be increased by more than
14 5 percent by any such transfers: Provided further, That
15 section 521 of this title shall not apply with respect to
16 funds made available under this heading for building oper17 ations: Provided further, That funds available to the Gen18 eral Services Administration shall not be available for ex19 penses of any construction, repair, alteration and acquisi20 tion project for which a prospectus, if required by 40
21 U.S.C. 3307(a), has not been approved, except that nec22 essary funds may be expended for each project for re23 quired expenses for the development of a proposed pro24 spectus: Provided further, That funds available in the Fed25 eral Buildings Fund may be expended for emergency re-
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518
1 pairs when advance approval is obtained from the Com2 mittees
on
Appropriations:
Provided
further,
That
3 amounts necessary to provide reimbursable special services
4 to other agencies under 40 U.S.C. 592(b)(2) and amounts
5 to provide such reimbursable fencing, lighting, guard
6 booths, and other facilities on private or other property
7 not in Government ownership or control as may be appro8 priate to enable the United States Secret Service to per9 form its protective functions pursuant to 18 U.S.C. 3056,
10 shall be available from such revenues and collections: Pro11 vided further, That revenues and collections and any other
12 sums accruing to this Fund during fiscal year 2014, ex13 cluding reimbursements under 40 U.S.C. 592(b)(2) in ex14 cess of the aggregate new obligational authority author15 ized for Real Property Activities of the Federal Buildings
16 Fund in this Act shall remain in the Fund and shall not
17 be available for expenditure except as authorized in appro18 priations Acts.
19
GENERAL ACTIVITIES
20
GOVERNMENT-WIDE POLICY
21
For expenses authorized by law, not otherwise pro-
22 vided for, for Government-wide policy and evaluation ac23 tivities associated with the management of real and per24 sonal property assets and certain administrative services;
25 Government-wide policy support responsibilities relating to
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519
1 acquisition, telecommunications, information technology
2 management, and related technology activities; and serv3 ices as authorized by 5 U.S.C. 3109; $58,000,000.
4
OPERATING EXPENSES
5
(INCLUDING TRANSFER OF FUNDS)
6
For expenses authorized by law, not otherwise pro-
7 vided for, for Government-wide activities associated with
8 utilization and donation of surplus personal property; dis9 posal of real property; agency-wide policy direction, man10 agement, and communications; the Civilian Board of Con11 tract Appeals; services as authorized by 5 U.S.C. 3109;
12 $63,466,000, of which $28,000,000 is for Real and Per13 sonal Property Management and Disposal; $26,500,000 is
14 for the Office of the Administrator, of which not to exceed
15 $7,500 is for official reception and representation ex16 penses; and $8,966,000 is for the Civilian Board of Con17 tract Appeals: Provided further, That not to exceed 5 per18 cent of the appropriation made available under this head19 ing for Office of the Administrator may be transferred to
20 the appropriation for the Real and Personal Property
21 Management and Disposal upon notification to the Com22 mittees on Appropriations of the House of Representatives
23 and the Senate, but the appropriation for the Real and
24 Personal Property Management and Disposal may not be
25 increased by more than 5 percent by any such transfer.
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520
1
OFFICE OF INSPECTOR GENERAL
2
For necessary expenses of the Office of Inspector
3 General and service authorized by 5 U.S.C. 3109,
4 $65,000,000, of which $2,000,000 is available until ex5 pended: Provided, That not to exceed $50,000 shall be
6 available for payment for information and detection of
7 fraud against the Government, including payment for re8 covery of stolen Government property: Provided further,
9 That not to exceed $2,500 shall be available for awards
10 to employees of other Federal agencies and private citizens
11 in recognition of efforts and initiatives resulting in en12 hanced Office of Inspector General effectiveness.
13
ELECTRONIC GOVERNMENT FUND
14
(INCLUDING TRANSFER OF FUNDS)
15
For necessary expenses in support of interagency
16 projects that enable the Federal Government to expand
17 its ability to conduct activities electronically, through the
18 development and implementation of innovative uses of the
19 Internet and other electronic methods, $16,000,000, to re20 main available until expended: Provided, That these funds
21 may be transferred to Federal agencies to carry out the
22 purpose of the Fund: Provided further, That this transfer
23 authority shall be in addition to any other transfer author24 ity provided in this Act: Provided further, That such trans25 fers may not be made until 10 days after a proposed
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521
1 spending plan and explanation for each project to be un2 dertaken has been submitted to the Committees on Appro3 priations of the House of Representatives and the Senate.
4
ALLOWANCES AND OFFICE STAFF FOR FORMER
5
PRESIDENTS
6
For carrying out the provisions of the Act of August
7 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138,
8 $3,550,000.
9
FEDERAL CITIZEN SERVICES FUND
10
For necessary expenses of the Office of Citizen Serv-
11 ices and Innovative Technologies, including services au12 thorized by 40 U.S.C. 323, $34,804,000, to be deposited
13 into the Federal Citizen Services Fund: Provided, That the
14 appropriations, revenues, and collections deposited into
15 the Fund shall be available for necessary expenses of Fed16 eral Citizen Services activities in the aggregate amount
17 not to exceed $90,000,000. Appropriations, revenues, and
18 collections accruing to this Fund during fiscal year 2014
19 in excess of such amount shall remain in the Fund and
20 shall not be available for expenditure except as authorized
21 in appropriations Acts.
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522
1
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
2
ADMINISTRATION
3
(INCLUDING TRANSFER OF FUNDS)
4
SEC. 520. Funds available to the General Services
5 Administration shall be available for the hire of passenger
6 motor vehicles.
7
SEC. 521. Funds in the Federal Buildings Fund
8 made available for fiscal year 2014 for Federal Buildings
9 Fund activities may be transferred between such activities
10 only to the extent necessary to meet program require11 ments: Provided, That any proposed transfers shall be ap12 proved in advance by the Committees on Appropriations
13 of the House of Representatives and the Senate.
14
SEC. 522. Except as otherwise provided in this title,
15 funds made available by this Act shall be used to transmit
16 a fiscal year 2015 request for United States Courthouse
17 construction only if the request: (1) meets the design guide
18 standards for construction as established and approved by
19 the General Services Administration, the Judicial Con20 ference of the United States, and the Office of Manage21 ment and Budget; (2) reflects the priorities of the Judicial
22 Conference of the United States as set out in its approved
23 5-year construction plan; and (3) includes a standardized
24 courtroom utilization study of each facility to be con25 structed, replaced, or expanded.
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523
1
SEC. 523. None of the funds provided in this Act may
2 be used to increase the amount of occupiable square feet,
3 provide cleaning services, security enhancements, or any
4 other service usually provided through the Federal Build5 ings Fund, to any agency that does not pay the rate per
6 square foot assessment for space and services as deter7 mined by the General Services Administration in consider8 ation of the Public Buildings Amendments Act of 1972
9 (Public Law 92–313).
10
SEC. 524. From funds made available under the
11 heading ‘‘Federal Buildings Fund, Limitations on Avail12 ability of Revenue’’, claims against the Government of less
13 than $250,000 arising from direct construction projects
14 and acquisition of buildings may be liquidated from sav15 ings effected in other construction projects with prior noti16 fication to the Committees on Appropriations of the House
17 of Representatives and the Senate.
18
SEC. 525. In any case in which the Committee on
19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Pub21 lic Works of the Senate adopt a resolution granting lease
22 authority pursuant to a prospectus transmitted to Con23 gress by the Administrator of the General Services Admin24 istration under 40 U.S.C. 3307, the Administrator shall
25 ensure that the delineated area of procurement is identical
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524
1 to the delineated area included in the prospectus for all
2 lease agreements, except that, if the Administrator deter3 mines that the delineated area of the procurement should
4 not be identical to the delineated area included in the pro5 spectus, the Administrator shall provide an explanatory
6 statement to each of such committees and the Committees
7 on Appropriations of the House of Representatives and the
8 Senate prior to exercising any lease authority provided in
9 the resolution.
10
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
11
SALARIES AND EXPENSES
12
For payment to the Harry S Truman Scholarship
13 Foundation Trust Fund, established by section 10 of Pub14 lic Law 93–642, $750,000, to remain available until ex15 pended.
16
MERIT SYSTEMS PROTECTION BOARD
17
SALARIES AND EXPENSES
18
(INCLUDING TRANSFER OF FUNDS)
19
For necessary expenses to carry out functions of the
20 Merit Systems Protection Board pursuant to Reorganiza21 tion Plan Numbered 2 of 1978, the Civil Service Reform
22 Act of 1978, and the Whistleblower Protection Act of
23 1989 (5 U.S.C. 5509 note), including services as author24 ized by 5 U.S.C. 3109, rental of conference rooms in the
25 District of Columbia and elsewhere, hire of passenger
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525
1 motor vehicles, direct procurement of survey printing, and
2 not to exceed $2,000 for official reception and representa3 tion expenses, $42,740,000, to remain available until Sep4 tember 30, 2015, together with not to exceed $2,345,000,
5 to remain available until September 30, 2015, for adminis6 trative expenses to adjudicate retirement appeals to be
7 transferred from the Civil Service Retirement and Dis8 ability Fund in amounts determined by the Merit Systems
9 Protection Board: Provided, That section 1204 of title 5,
10 United States Code, is amended by adding at the end the
11 following:
12
‘‘(n) The Board may accept and use gifts and dona-
13 tions of property and services to carry out the duties of
14 the Board.’’.
15
MORRIS K. UDALL
AND
STEWART L. UDALL
16
FOUNDATION
17
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
18
(INCLUDING TRANSFER OF FUNDS)
19
For payment to the Morris K. Udall and Stewart L.
20 Udall Trust Fund, pursuant to the Morris K. Udall and
21 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et
22 seq.), $2,100,000, to remain available until expended, of
23 which, notwithstanding sections 8 and 9 of such Act: (1)
24 up to $50,000 shall be used to conduct financial audits
25 pursuant to the Accountability of Tax Dollars Act of 2002
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526
1 (Public Law 107–289); and (2) up to $1,000,000 shall
2 be available to carry out the activities authorized by sec3 tion 6(7) of Public Law 102–259 and section 817(a) of
4 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That
5 of the total amount made available under this heading
6 $200,000 shall be transferred to the Office of Inspector
7 General of the Department of the Interior, to remain
8 available until expended, for audits and investigations of
9 the Morris K. Udall and Stewart L. Udall Foundation,
10 consistent with the Inspector General Act of 1978 (5
11 U.S.C. App.).
12
ENVIRONMENTAL DISPUTE RESOLUTION FUND
13
For payment to the Environmental Dispute Resolu-
14 tion Fund to carry out activities authorized in the Envi15 ronmental Policy and Conflict Resolution Act of 1998,
16 $3,400,000, to remain available until expended.
17
NATIONAL ARCHIVES
18
AND
RECORDS ADMINISTRATION
OPERATING EXPENSES
19
For necessary expenses in connection with the admin-
20 istration of the National Archives and Records Adminis21 tration and archived Federal records and related activities,
22 as provided by law, and for expenses necessary for the re23 view and declassification of documents, the activities of
24 the Public Interest Declassification Board, the operations
25 and maintenance of the electronic records archives, the
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527
1 hire of passenger motor vehicles, and for uniforms or al2 lowances therefor, as authorized by law (5 U.S.C. 5901),
3 including
maintenance,
repairs,
and
cleaning,
4 $370,000,000.
5
OFFICE OF INSPECTOR GENERAL
6
For necessary expenses of the Office of Inspector
7 General in carrying out the provisions of the Inspector
8 General Reform Act of 2008, Public Law 110–409, 122
9 Stat. 4302–16 (2008), and the Inspector General Act of
10 1978 (5 U.S.C. App.), and for the hire of passenger motor
11 vehicles, $4,130,000.
12
REPAIRS AND RESTORATION
13
For the repair, alteration, and improvement of ar-
14 chives facilities, and to provide adequate storage for hold15 ings, $8,000,000, to remain available until expended.
16
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
17
COMMISSION
18
GRANTS PROGRAM
19
For necessary expenses for allocations and grants for
20 historical publications and records as authorized by 44
21 U.S.C. 2504, $4,500,000, to remain available until ex22 pended.
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528
1
NATIONAL CREDIT UNION ADMINISTRATION
2
CENTRAL LIQUIDITY FACILITY
3
During fiscal year 2014, gross obligations of the Cen-
4 tral Liquidity Facility for the principal amount of new di5 rect loans to member credit unions, as authorized by 12
6 U.S.C. 1795 et seq., shall be the amount authorized by
7 section 307(a)(4)(A) of the Federal Credit Union Act (12
8 U.S.C. 1795f(a)(4)(A)): Provided, That administrative ex9 penses of the Central Liquidity Facility in fiscal year 2014
10 shall not exceed $1,250,000.
11
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
12
For the Community Development Revolving Loan
13 Fund program as authorized by 42 U.S.C. 9812, 9822
14 and 9910, $1,200,000 shall be available until September
15 30, 2015, for technical assistance to low-income des16 ignated credit unions.
17
OFFICE
18
OF
GOVERNMENT ETHICS
SALARIES AND EXPENSES
19
For necessary expenses to carry out functions of the
20 Office of Government Ethics pursuant to the Ethics in
21 Government Act of 1978, and the Ethics Reform Act of
22 1989, including services as authorized by 5 U.S.C. 3109,
23 rental of conference rooms in the District of Columbia and
24 elsewhere, hire of passenger motor vehicles, and not to ex-
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529
1 ceed $1,500 for official reception and representation ex2 penses, $15,325,000.
3
OFFICE
OF
PERSONNEL MANAGEMENT
4
SALARIES AND EXPENSES
5
(INCLUDING TRANSFER OF TRUST FUNDS)
6
For necessary expenses to carry out functions of the
7 Office of Personnel Management (OPM) pursuant to Re8 organization Plan Numbered 2 of 1978 and the Civil Serv9 ice Reform Act of 1978, including services as authorized
10 by 5 U.S.C. 3109; medical examinations performed for
11 veterans by private physicians on a fee basis; rental of con12 ference rooms in the District of Columbia and elsewhere;
13 hire of passenger motor vehicles; not to exceed $2,500 for
14 official reception and representation expenses; advances
15 for reimbursements to applicable funds of OPM and the
16 Federal Bureau of Investigation for expenses incurred
17 under Executive Order No. 10422 of January 9, 1953,
18 as amended; and payment of per diem and/or subsistence
19 allowances to employees where Voting Rights Act activities
20 require an employee to remain overnight at his or her post
21 of duty, $95,757,000, of which $5,704,000 shall remain
22 available until expended for the Enterprise Human Re23 sources Integration project, of which $642,000 may be for
24 strengthening the capacity and capabilities of the acquisi25 tion workforce (as defined by the Office of Federal Pro-
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530
1 curement Policy Act, as amended (41 U.S.C. 4001 et
2 seq.)), including the recruitment, hiring, training, and re3 tention of such workforce and information technology in
4 support of acquisition workforce effectiveness or for man5 agement solutions to improve acquisition management,
6 and of which $1,345,000 shall remain available until ex7 pended for the Human Resources Line of Business
8 project; and in addition $118,578,000 for administrative
9 expenses, to be transferred from the appropriate trust
10 funds of OPM without regard to other statutes, including
11 direct procurement of printed materials, for the retirement
12 and insurance programs of which $2,600,000 shall remain
13 available until expended for a retirement case manage14 ment system: Provided, That the provisions of this appro15 priation shall not affect the authority to use applicable
16 trust funds as provided by sections 8348(a)(1)(B), and
17 9004(f)(2)(A) of title 5, United States Code: Provided fur18 ther, That no part of this appropriation shall be available
19 for salaries and expenses of the Legal Examining Unit of
20 OPM established pursuant to Executive Order No. 9358
21 of July 1, 1943, or any successor unit of like purpose:
22 Provided further, That the President’s Commission on
23 White House Fellows, established by Executive Order No.
24 11183 of October 3, 1964, may, during fiscal year 2014,
25 accept donations of money, property, and personal serv-
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531
1 ices: Provided further, That such donations, including
2 those from prior years, may be used for the development
3 of publicity materials to provide information about the
4 White House Fellows, except that no such donations shall
5 be accepted for travel or reimbursement of travel expenses,
6 or for the salaries of employees of such Commission.
7
OFFICE OF INSPECTOR GENERAL
8
SALARIES AND EXPENSES
9
(INCLUDING TRANSFER OF TRUST FUNDS)
10
For necessary expenses of the Office of Inspector
11 General in carrying out the provisions of the Inspector
12 General Act of 1978, including services as authorized by
13 5 U.S.C. 3109, hire of passenger motor vehicles,
14 $4,684,000, and in addition, not to exceed $21,340,000
15 for administrative expenses to audit, investigate, and pro16 vide other oversight of the Office of Personnel Manage17 ment’s retirement and insurance programs, to be trans18 ferred from the appropriate trust funds of the Office of
19 Personnel Management, as determined by the Inspector
20 General and in addition, not to exceed $6,600,000 as de21 termined by the Inspector General, for administrative ex22 penses to audit, investigate, and provide other oversight
23 of the activities of the revolving fund established under
24 section 1304(e) of title 5, United States Code, and the
25 programs and activities of the Office of Personnel Man-
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532
1 agement carried out using amounts made available from
2 such revolving fund, to be transferred from such revolving
3 fund: Provided, That the Inspector General is authorized
4 to rent conference rooms in the District of Columbia and
5 elsewhere.
6
OFFICE
7
OF
SPECIAL COUNSEL
SALARIES AND EXPENSES
8
For necessary expenses to carry out functions of the
9 Office of Special Counsel pursuant to Reorganization Plan
10 Numbered 2 of 1978, the Civil Service Reform Act of
11 1978 (Public Law 95–454), the Whistleblower Protection
12 Act of 1989 (Public Law 101–12) as amended by Public
13 Law 107–304, the Whistleblower Protection Enhancement
14 Act of 2012 (Public Law 112–199), and the Uniformed
15 Services Employment and Reemployment Rights Act of
16 1994 (Public Law 103–353), including services as author17 ized by 5 U.S.C. 3109, payment of fees and expenses for
18 witnesses, rental of conference rooms in the District of Co19 lumbia and elsewhere, and hire of passenger motor vehi20 cles; $20,639,000: Provided, That, notwithstanding any
21 other provision of law, not to exceed $125,000 of available
22 balances of expired fiscal year 2009 through fiscal year
23 2013 appropriations provided under this heading shall be
24 available for any obligation incurred in fiscal year 2014.
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533
1
POSTAL REGULATORY COMMISSION
2
SALARIES AND EXPENSES
3
(INCLUDING TRANSFER OF FUNDS)
4
For necessary expenses of the Postal Regulatory
5 Commission in carrying out the provisions of the Postal
6 Accountability and Enhancement Act (Public Law 109–
7 435), $14,152,000, to be derived by transfer from the
8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act.
10
PRIVACY
AND
11
CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
12
For necessary expenses of the Privacy and Civil Lib-
13 erties Oversight Board, as authorized by section 1061 of
14 the Intelligence Reform and Terrorism Prevention Act of
15 2004 (42 U.S.C. 2000ee), $3,100,000, to remain available
16 until September 30, 2015.
17
RECOVERY ACCOUNTABILITY
18
BOARD
19
SALARIES AND EXPENSES
20
AND
TRANSPARENCY
For necessary expenses of the Recovery Account-
21 ability and Transparency Board to carry out the provi22 sions of title XV of the American Recovery and Reinvest23 ment Act of 2009 (Public Law 111–5), and to develop and
24 test information technology resources and oversight mech25 anisms to enhance transparency of and detect and reme-
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534
1 diate waste, fraud, and abuse in Federal spending, and
2 to develop and use information technology resources and
3 oversight mechanisms to detect and remediate waste,
4 fraud, and abuse in obligation and expenditure of funds
5 as described in section 904(d) of the Disaster Relief Ap6 propriations Act, 2013 (Public Law 113–2), which shall
7 be administered under the terms and conditions of the ac8 countability authorities of title XV of Public Law 111–
9 5, $20,000,000.
10
SECURITIES
11
AND
EXCHANGE COMMISSION
SALARIES AND EXPENSES
12
For necessary expenses for the Securities and Ex-
13 change Commission, including services as authorized by
14 5 U.S.C. 3109, the rental of space (to include multiple
15 year leases) in the District of Columbia and elsewhere, and
16 not to exceed $3,500 for official reception and representa17 tion expenses, $1,350,000,000, to remain available until
18 expended; of which not less than $7,092,000 shall be for
19 the Office of Inspector General; of which not to exceed
20 $50,000 shall be available for a permanent secretariat for
21 the International Organization of Securities Commissions;
22 of which not to exceed $100,000 shall be available for ex23 penses for consultations and meetings hosted by the Com24 mission with foreign governmental and other regulatory
25 officials, members of their delegations and staffs to ex-
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535
1 change views concerning securities matters, such expenses
2 to include necessary logistic and administrative expenses
3 and the expenses of Commission staff and foreign invitees
4 in attendance including: (1) incidental expenses such as
5 meals; (2) travel and transportation; and (3) related lodg6 ing or subsistence; and of which not less than $44,353,000
7 shall be for the Division of Economic and Risk Analysis:
8 Provided, That fees and charges authorized by section 31
9 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
10 shall be credited to this account as offsetting collections:
11 Provided further, That not to exceed $1,350,000,000 of
12 such offsetting collections shall be available until expended
13 for necessary expenses of this account: Provided further,
14 That the total amount appropriated under this heading
15 from the general fund for fiscal year 2014 shall be reduced
16 as such offsetting fees are received so as to result in a
17 final total fiscal year 2014 appropriation from the general
18 fund estimated at not more than $0.
19
SELECTIVE SERVICE SYSTEM
20
SALARIES AND EXPENSES
21
For necessary expenses of the Selective Service Sys-
22 tem, including expenses of attendance at meetings and of
23 training for uniformed personnel assigned to the Selective
24 Service System, as authorized by 5 U.S.C. 4101–4118 for
25 civilian employees; hire of passenger motor vehicles; serv-
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536
1 ices as authorized by 5 U.S.C. 3109; and not to exceed
2 $750 for official reception and representation expenses;
3 $22,900,000: Provided, That during the current fiscal
4 year, the President may exempt this appropriation from
5 the provisions of 31 U.S.C. 1341, whenever the President
6 deems such action to be necessary in the interest of na7 tional defense: Provided further, That none of the funds
8 appropriated by this Act may be expended for or in con9 nection with the induction of any person into the Armed
10 Forces of the United States.
11
SMALL BUSINESS ADMINISTRATION
12
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
13
For necessary expenses of programs supporting en-
14 trepreneurial and small business development as author15 ized by Public Law 108–447, $196,165,000: Provided,
16 That $113,625,000 shall be available to fund grants for
17 performance in fiscal year 2014 or fiscal year 2015 as au18 thorized by section 21 of the Small Business Act, to re19 main available until September 30, 2015: Provided further,
20 That $20,000,000 shall remain available until September
21 30, 2015 for marketing, management, and technical as22 sistance under section 7(m) of the Small Business Act (15
23 U.S.C.
636(m)(4))
by
intermediaries
that
make
24 microloans under the microloan program: Provided fur25 ther, That $8,000,000 shall be available for grants to
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537
1 States for fiscal year 2014 to carry out export programs
2 that assist small business concerns authorized under sec3 tion 1207 of Public Law 111–240.
4
SALARIES AND EXPENSES
5
For necessary expenses, not otherwise provided for,
6 of the Small Business Administration, including hire of
7 passenger motor vehicles as authorized by sections 1343
8 and 1344 of title 31, United States Code, and not to ex9 ceed $3,500 for official reception and representation ex10 penses, $250,000,000, of which not less than $12,000,000
11 shall be available for examinations, reviews, and other
12 lender oversight activities: Provided, That the Adminis13 trator is authorized to charge fees to cover the cost of pub14 lications developed by the Small Business Administration,
15 and certain loan program activities, including fees author16 ized by section 5(b) of the Small Business Act: Provided
17 further, That, notwithstanding 31 U.S.C. 3302, revenues
18 received from all such activities shall be credited to this
19 account, to remain available until expended, for carrying
20 out these purposes without further appropriations: Pro21 vided further, That the Small Business Administration
22 may accept gifts in an amount not to exceed $4,000,000
23 and may co-sponsor activities, each in accordance with sec24 tion 132(a) of division K of Public Law 108–447, during
25 fiscal year 2014: Provided further, That $6,100,000 shall
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538
1 be available for the Loan Modernization and Accounting
2 System, to be available until September 30, 2015: Pro3 vided further, That $2,000,000 shall be for the Federal
4 and State Technology Partnership Program under section
5 34 of the Small Business Act (15 U.S.C. 657d).
6
OFFICE OF INSPECTOR GENERAL
7
For necessary expenses of the Office of Inspector
8 General in carrying out the provisions of the Inspector
9 General Act of 1978, $19,000,000.
10
OFFICE OF ADVOCACY
11
For necessary expenses of the Office of Advocacy in
12 carrying out the provisions of title II of Public Law 94–
13 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi14 bility Act of 1980 (5 U.S.C. 601 et seq.), $8,750,000, to
15 remain available until expended.
16
BUSINESS LOANS PROGRAM ACCOUNT
17
(INCLUDING TRANSFER OF FUNDS)
18
For the cost of direct loans, $4,600,000, to remain
19 available until expended, and for the cost of guaranteed
20 loans as authorized by section 503 of the Small Business
21 Investment
Act
of
1958
(Public
Law
85–699),
22 $107,000,000, to remain available until expended: Pro23 vided, That such costs, including the cost of modifying
24 such loans, shall be as defined in section 502 of the Con25 gressional Budget Act of 1974: Provided further, That
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539
1 subject to section 502 of the Congressional Budget Act
2 of 1974, during fiscal year 2014 commitments to guar3 antee loans under section 503 of the Small Business In4 vestment Act of 1958 shall not exceed $7,500,000,000:
5 Provided further, That during fiscal year 2014 commit6 ments for general business loans authorized under section
7 7(a) of the Small Business Act shall not exceed
8 $17,500,000,000 for a combination of amortizing term
9 loans and the aggregated maximum line of credit provided
10 by revolving loans: Provided further, That during fiscal
11 year 2014 commitments to guarantee loans for debentures
12 under section 303(b) of the Small Business Investment
13 Act of 1958 shall not exceed $4,000,000,000: Provided
14 further, That during fiscal year 2014, guarantees of trust
15 certificates authorized by section 5(g) of the Small Busi16 ness Act shall not exceed a principal amount of
17 $12,000,000,000. In addition, for administrative expenses
18 to carry out the direct and guaranteed loan programs,
19 $151,560,000, which may be transferred to and merged
20 with the appropriations for Salaries and Expenses.
21
DISASTER LOANS PROGRAM ACCOUNT
22
(INCLUDING TRANSFERS OF FUNDS)
23
For administrative expenses to carry out the direct
24 loan program authorized by section 7(b) of the Small
25 Business Act, $191,900,000, to be available until ex-
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540
1 pended, of which $1,000,000 is for the Office of Inspector
2 General of the Small Business Administration for audits
3 and reviews of disaster loans and the disaster loan pro4 grams and shall be transferred to and merged with the
5 appropriations for the Office of Inspector General; of
6 which $181,900,000 is for direct administrative expenses
7 of loan making and servicing to carry out the direct loan
8 program, which may be transferred to and merged with
9 the appropriations for Salaries and Expenses; and of
10 which $9,000,000 is for indirect administrative expenses
11 for the direct loan program, which may be transferred to
12 and merged with the appropriations for Salaries and Ex13 penses.
14
ADMINISTRATIVE PROVISION—SMALL BUSINESS
15
ADMINISTRATION
16
(INCLUDING TRANSFER OF FUNDS)
17
SEC. 530. Not to exceed 5 percent of any appropria-
18 tion made available for the current fiscal year for the
19 Small Business Administration in this Act may be trans20 ferred between such appropriations, but no such appro21 priation shall be increased by more than 10 percent by
22 any such transfers: Provided, That any transfer pursuant
23 to this paragraph shall be treated as a reprogramming of
24 funds under section 608 of this Act and shall not be avail-
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541
1 able for obligation or expenditure except in compliance
2 with the procedures set forth in that section.
3
UNITED STATES POSTAL SERVICE
4
PAYMENT TO THE POSTAL SERVICE FUND
5
For payment to the Postal Service Fund for revenue
6 forgone on free and reduced rate mail, pursuant to sub7 sections (c) and (d) of section 2401 of title 39, United
8 States Code, $70,751,000, which shall not be available for
9 obligation until October 1, 2014: Provided, That mail for
10 overseas voting and mail for the blind shall continue to
11 be free: Provided further, That 6-day delivery and rural
12 delivery of mail shall continue at not less than the 1983
13 level: Provided further, That none of the funds made avail14 able to the Postal Service by this Act shall be used to im15 plement any rule, regulation, or policy of charging any of16 ficer or employee of any State or local child support en17 forcement agency, or any individual participating in a
18 State or local program of child support enforcement, a fee
19 for information requested or provided concerning an ad20 dress of a postal customer: Provided further, That none
21 of the funds provided in this Act shall be used to consoli22 date or close small rural and other small post offices in
23 fiscal year 2014.
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542
1
OFFICE OF INSPECTOR GENERAL
2
SALARIES AND EXPENSES
3
(INCLUDING TRANSFER OF FUNDS)
4
For necessary expenses of the Office of Inspector
5 General in carrying out the provisions of the Inspector
6 General Act of 1978, $241,468,000, to be derived by
7 transfer from the Postal Service Fund and expended as
8 authorized by section 603(b)(3) of the Postal Account9 ability and Enhancement Act (Public Law 109–435).
10
UNITED STATES TAX COURT
11
SALARIES AND EXPENSES
12
For necessary expenses, including contract reporting
13 and other services as authorized by 5 U.S.C. 3109,
14 $53,453,000: Provided, That travel expenses of the judges
15 shall be paid upon the written certificate of the judge.
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543
1
TITLE VI
2
GENERAL PROVISIONS—THIS ACT
3
(INCLUDING RESCISSION)
4
SEC. 601. None of the funds in this Act shall be used
5 for the planning or execution of any program to pay the
6 expenses of, or otherwise compensate, non-Federal parties
7 intervening in regulatory or adjudicatory proceedings
8 funded in this Act.
9
SEC. 602. None of the funds appropriated in this Act
10 shall remain available for obligation beyond the current
11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein.
13
SEC. 603. The expenditure of any appropriation
14 under this Act for any consulting service through procure15 ment contract pursuant to 5 U.S.C. 3109, shall be limited
16 to those contracts where such expenditures are a matter
17 of public record and available for public inspection, except
18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law.
20
SEC. 604. None of the funds made available in this
21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except
23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act.
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544
1
SEC. 605. None of the funds made available by this
2 Act shall be available for any activity or for paying the
3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would
5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of
7 the Tariff Act of 1930 (19 U.S.C. 1307).
8
SEC. 606. No funds appropriated pursuant to this
9 Act may be expended by an entity unless the entity agrees
10 that in expending the assistance the entity will comply
11 with chapter 83 of title 41, United States Code.
12
SEC. 607. No funds appropriated or otherwise made
13 available under this Act shall be made available to any
14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code.
16
SEC. 608. Except as otherwise provided in this Act,
17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2014, or provided from any ac21 counts in the Treasury derived by the collection of fees
22 and available to the agencies funded by this Act, shall be
23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program;
25 (2) eliminates a program, project, or activity; (3) increases
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545
1 funds or personnel for any program, project, or activity
2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the
5 House of Representatives or the Senate for a different
6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever
8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7)
10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization
14 or restructuring of offices, programs, or activities, each
15 agency or entity funded in this Act shall consult with the
16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later
18 than 60 days after the date of enactment of this Act, each
19 agency funded by this Act shall submit a report to the
20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the
23 current fiscal year: Provided further, That at a minimum
24 the report shall include: (1) a table for each appropriation
25 with a separate column to display the President’s budget
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546
1 request, adjustments made by Congress, adjustments due
2 to enacted rescissions, if appropriate, and the fiscal year
3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and
5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of
7 special congressional interest: Provided further, That the
8 amount appropriated or limited for salaries and expenses
9 for an agency shall be reduced by $100,000 per day for
10 each day after the required date that the report has not
11 been submitted to the Congress.
12
SEC. 609. Except as otherwise specifically provided
13 by law, not to exceed 50 percent of unobligated balances
14 remaining available at the end of fiscal year 2014 from
15 appropriations made available for salaries and expenses
16 for fiscal year 2014 in this Act, shall remain available
17 through September 30, 2015, for each such account for
18 the purposes authorized: Provided, That a request shall
19 be submitted to the Committees on Appropriations of the
20 House of Representatives and the Senate for approval
21 prior to the expenditure of such funds: Provided further,
22 That these requests shall be made in compliance with re23 programming guidelines.
24
SEC. 610. None of the funds made available in this
25 Act may be used by the Executive Office of the President
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547
1 to request from the Federal Bureau of Investigation any
2 official background investigation report on any individual,
3 except when—
4
(1) such individual has given his or her express
5
written consent for such request not more than 6
6
months prior to the date of such request and during
7
the same presidential administration; or
8
(2) such request is required due to extraor-
9
dinary circumstances involving national security.
10
SEC. 611. The cost accounting standards promul-
11 gated under chapter 15 of title 41, United States Code
12 shall not apply with respect to a contract under the Fed13 eral Employees Health Benefits Program established
14 under chapter 89 of title 5, United States Code.
15
SEC. 612. For the purpose of resolving litigation and
16 implementing any settlement agreements regarding the
17 nonforeign area cost-of-living allowance program, the Of18 fice of Personnel Management may accept and utilize
19 (without regard to any restriction on unanticipated travel
20 expenses imposed in an Appropriations Act) funds made
21 available to the Office of Personnel Management pursuant
22 to court approval.
23
SEC. 613. No funds appropriated by this Act shall
24 be available to pay for an abortion, or the administrative
25 expenses in connection with any health plan under the
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548
1 Federal employees health benefits program which provides
2 any benefits or coverage for abortions.
3
SEC. 614. The provision of section 613 shall not
4 apply where the life of the mother would be endangered
5 if the fetus were carried to term, or the pregnancy is the
6 result of an act of rape or incest.
7
SEC. 615. In order to promote Government access to
8 commercial information technology, the restriction on pur9 chasing nondomestic articles, materials, and supplies set
10 forth in chapter 83 of title 41, United States Code (popu11 larly known as the Buy American Act), shall not apply
12 to the acquisition by the Federal Government of informa13 tion technology (as defined in section 11101 of title 40,
14 United States Code), that is a commercial item (as defined
15 in section 103 of title 41, United States Code).
16
SEC. 616. Notwithstanding section 1353 of title 31,
17 United States Code, no officer or employee of any regu18 latory agency or commission funded by this Act may ac19 cept on behalf of that agency, nor may such agency or
20 commission accept, payment or reimbursement from a
21 non-Federal entity for travel, subsistence, or related ex22 penses for the purpose of enabling an officer or employee
23 to attend and participate in any meeting or similar func24 tion relating to the official duties of the officer or em25 ployee when the entity offering payment or reimbursement
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549
1 is a person or entity subject to regulation by such agency
2 or commission, or represents a person or entity subject
3 to regulation by such agency or commission, unless the
4 person or entity is an organization described in section
5 501(c)(3) of the Internal Revenue Code of 1986 and ex6 empt from tax under section 501(a) of such Code.
7
SEC. 617. Notwithstanding section 708 of this Act,
8 funds made available to the Commodity Futures Trading
9 Commission and the Securities and Exchange Commission
10 by this or any other Act may be used for the interagency
11 funding and sponsorship of a joint advisory committee to
12 advise on emerging regulatory issues.
13
SEC. 618. Not later than 45 days after the end of
14 each quarter, the Department of the Treasury, the Execu15 tive Office of the President, the Judiciary, the Federal
16 Communications Commission, the Federal Trade Commis17 sion, the General Services Administration, the National
18 Archives and Records Administration, the Securities and
19 Exchange Commission, and the Small Business Adminis20 tration shall provide the Committees on Appropriations of
21 the House of Representatives and the Senate a quarterly
22 accounting of the cumulative balances of any unobligated
23 funds that were received by such agency during any pre24 vious fiscal year.
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550
1
SEC. 619. (a)(1) Notwithstanding any other provision
2 of law, an Executive agency covered by this Act otherwise
3 authorized to enter into contracts for either leases or the
4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General
6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the
8 case of succeeding leases, before entering into negotiations
9 with the current lessor.
10
(2) Any such agency with authority to enter into an
11 emergency lease may do so during any period declared by
12 the President to require emergency leasing authority with
13 respect to such agency.
14
(b) For purposes of this section, the term ‘‘Executive
15 agency covered by this Act’’ means any Executive agency
16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal
18 Service.
19
SEC. 620. None of the funds made available in this
20 Act may be used by the Federal Trade Commission to
21 complete the draft report entitled ‘‘Interagency Working
22 Group on Food Marketed to Children: Preliminary Pro23 posed Nutrition Principles to Guide Industry Self-Regu24 latory Efforts’’ unless the Interagency Working Group on
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551
1 Food Marketed to Children complies with Executive Order
2 No. 13563.
3
SEC. 621. None of the funds made available by this
4 Act may be used to pay the salaries and expenses for the
5 following positions:
6
(1) Director, White House Office of Health Re-
7
form.
8
(2) Assistant to the President for Energy and
9
Climate Change.
10
(3) Senior Advisor to the Secretary of the
11
Treasury assigned to the Presidential Task Force on
12
the Auto Industry and Senior Counselor for Manu-
13
facturing Policy.
14
(4) White House Director of Urban Affairs.
15
SEC. 622. None of the funds made available by this
16 Act may be used to enter into a contract, memorandum
17 of understanding, or cooperative agreement with, make a
18 grant to, or provide a loan or loan guarantee to, any cor19 poration that has any unpaid Federal tax liability that has
20 been assessed, for which all judicial and administrative
21 remedies have been exhausted or have lapsed, and that
22 is not being paid in a timely manner pursuant to an agree23 ment with the authority responsible for collecting the tax
24 liability, where the awarding agency is aware of the unpaid
25 tax liability, unless the Federal agency has considered sus-
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552
1 pension or debarment of the corporation and has made
2 a determination that this further action is not necessary
3 to protect the interests of the Government.
4
SEC. 623. None of the funds made available by this
5 Act may be used to enter into a contract, memorandum
6 of understanding, or cooperative agreement with, make a
7 grant to, or provide a loan or loan guarantee to, any cor8 poration that was convicted of a felony criminal violation
9 under any Federal law within the preceding 24 months,
10 where the awarding agency is aware of the conviction, un11 less the Federal agency has considered suspension or de12 barment of the corporation and has made a determination
13 that this further action is not necessary to protect the in14 terests of the Government.
15
SEC. 624. (a) There are appropriated for the fol-
16 lowing activities the amounts required under current law:
17
(1) Compensation of the President (3 U.S.C.
18
102).
19
(2) Payments to—
20
(A) the Judicial Officers’ Retirement Fund
21
(28 U.S.C. 377(o));
22
(B) the Judicial Survivors’ Annuities Fund
23
(28 U.S.C. 376(c)); and
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553
1
(C) the United States Court of Federal
2
Claims Judges’ Retirement Fund (28 U.S.C.
3
178(l)).
4
(3) Payment of Government contributions—
5
(A) with respect to the health benefits of
6
retired employees, as authorized by chapter 89
7
of title 5, United States Code, and the Retired
8
Federal Employees Health Benefits Act (74
9
Stat. 849); and
10
(B) with respect to the life insurance bene-
11
fits for employees retiring after December 31,
12
1989 (5 U.S.C. ch. 87).
13
(4) Payment to finance the unfunded liability of
14
new and increased annuity benefits under the Civil
15
Service Retirement and Disability Fund (5 U.S.C.
16
8348).
17
(5) Payment of annuities authorized to be paid
18
from the Civil Service Retirement and Disability
19
Fund by statutory provisions other than subchapter
20
III of chapter 83 or chapter 84 of title 5, United
21
States Code.
22
(b) Nothing in this section may be construed to ex-
23 empt any amount appropriated by this section from any
24 otherwise applicable limitation on the use of funds con25 tained in this Act.
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554
1
SEC. 625. None of the funds made available in this
2 Act may be used by the Federal Communications Commis3 sion to remove the conditions imposed on commercial ter4 restrial operations in the Order and Authorization adopted
5 by the Commission on January 26, 2011 (DA 11–133),
6 or otherwise permit such operations, until the Commission
7 has resolved concerns of potential widespread harmful in8 terference by such commercial terrestrial operations to
9 commercially available Global Positioning System devices.
10
SEC. 626. The Public Company Accounting Oversight
11 Board shall have authority to obligate funds for the schol12 arship program established by section 109(c)(2) of the
13 Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an
14 aggregate amount not exceeding the amount of funds col15 lected by the Board as of December 31, 2013, including
16 accrued interest, as a result of the assessment of monetary
17 penalties. Funds available for obligation in fiscal year
18 2014 shall remain available until expended.
19
SEC. 627. (a) Section 1511 of title XV of division
20 A of the American Recovery and Reinvestment Act of
21 2009 (Public Law 111–5) (‘‘Act’’) is amended by striking,
22 ‘‘and linked to the website established by section 1526’’.
23
(b)(1) Subsection (c) and subsections (e) through (h)
24 of section 1512 of the Act are repealed effective February
25 1, 2014.
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555
1
(2) Subsection (d) of section 1512 of the Act is
2 amended to read as follows:
3
‘‘(d) AGENCY REPORTS.—Starting February 1, 2014,
4 each agency that made recovery funds available to any re5 cipient shall make available to the public detailed spending
6 data as prescribed by the Office of Management and
7 Budget and pursuant to the Federal Funding Account8 ability and Transparency Act of 2006 (Public Law 109–
9 282).’’.
10
(c) Subsection (a) of section 1514 of the Act is
11 amended by striking ‘‘and linked to the website established
12 by section 1526’’.
13
(d) Subparagraph (A) of section 1523(b)(4) of the
14 Act is amended by striking ‘‘the website established by
15 section 1526’’ and inserting ‘‘a public website’’.
16
(e) Sections 1526 and 1554 of the Act are repealed.
17
(f) Section 1530 of the Act is amended by striking
18 ‘‘2013’’ and inserting ‘‘2015’’.
19
SEC. 628. From the unobligated balances available
20 in the Securities and Exchange Commission Reserve Fund
21 established by section 991 of the Dodd-Frank Wall Street
22 Reform and Consumer Protection Act (Public Law 111–
23 203), $25,000,000 are rescinded.
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556
1
TITLE VII
2
GENERAL PROVISIONS—GOVERNMENT-WIDE
3
DEPARTMENTS, AGENCIES,
4
AND
CORPORATIONS
(INCLUDING TRANSFER OF FUNDS)
5
SEC. 701. No department, agency, or instrumentality
6 of the United States receiving appropriated funds under
7 this or any other Act for fiscal year 2014 shall obligate
8 or expend any such funds, unless such department, agen9 cy, or instrumentality has in place, and will continue to
10 administer in good faith, a written policy designed to en11 sure that all of its workplaces are free from the illegal
12 use, possession, or distribution of controlled substances
13 (as defined in the Controlled Substances Act (21 U.S.C.
14 802)) by the officers and employees of such department,
15 agency, or instrumentality.
16
SEC. 702. Unless otherwise specifically provided, the
17 maximum amount allowable during the current fiscal year
18 in accordance with subsection 1343(c) of title 31, United
19 States Code, for the purchase of any passenger motor ve20 hicle (exclusive of buses, ambulances, law enforcement,
21 and undercover surveillance vehicles), is hereby fixed at
22 $13,197 except station wagons for which the maximum
23 shall be $13,631: Provided, That these limits may be ex24 ceeded by not to exceed $3,700 for police-type vehicles,
25 and by not to exceed $4,000 for special heavy-duty vehi-
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557
1 cles: Provided further, That the limits set forth in this sec2 tion may not be exceeded by more than 5 percent for elec3 tric or hybrid vehicles purchased for demonstration under
4 the provisions of the Electric and Hybrid Vehicle Re5 search, Development, and Demonstration Act of 1976:
6 Provided further, That the limits set forth in this section
7 may be exceeded by the incremental cost of clean alter8 native fuels vehicles acquired pursuant to Public Law
9 101–549 over the cost of comparable conventionally fueled
10 vehicles: Provided further, That the limits set forth in this
11 section shall not apply to any vehicle that is a commercial
12 item and which operates on emerging motor vehicle tech13 nology, including but not limited to electric, plug-in hybrid
14 electric, and hydrogen fuel cell vehicles.
15
SEC. 703. Appropriations of the executive depart-
16 ments and independent establishments for the current fis17 cal year available for expenses of travel, or for the ex18 penses of the activity concerned, are hereby made available
19 for quarters allowances and cost-of-living allowances, in
20 accordance with 5 U.S.C. 5922–5924.
21
SEC. 704. Unless otherwise specified during the cur-
22 rent fiscal year, no part of any appropriation contained
23 in this or any other Act shall be used to pay the compensa24 tion of any officer or employee of the Government of the
25 United States (including any agency the majority of the
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558
1 stock of which is owned by the Government of the United
2 States) whose post of duty is in the continental United
3 States unless such person: (1) is a citizen of the United
4 States; (2) is a person who is lawfully admitted for perma5 nent residence and is seeking citizenship as outlined in 8
6 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted
7 as a refugee under 8 U.S.C. 1157 or is granted asylum
8 under 8 U.S.C. 1158 and has filed a declaration of inten9 tion to become a lawful permanent resident and then a
10 citizen when eligible; or (4) is a person who owes alle11 giance to the United States: Provided, That for purposes
12 of this section, affidavits signed by any such person shall
13 be considered prima facie evidence that the requirements
14 of this section with respect to his or her status are being
15 complied with: Provided further, That for purposes of sub16 sections (2) and (3) such affidavits shall be submitted
17 prior to employment and updated thereafter as necessary:
18 Provided further, That any person making a false affidavit
19 shall be guilty of a felony, and upon conviction, shall be
20 fined no more than $4,000 or imprisoned for not more
21 than 1 year, or both: Provided further, That the above
22 penal clause shall be in addition to, and not in substitution
23 for, any other provisions of existing law: Provided further,
24 That any payment made to any officer or employee con25 trary to the provisions of this section shall be recoverable
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559
1 in action by the Federal Government: Provided further,
2 That this section shall not apply to any person who is an
3 officer or employee of the Government of the United
4 States on the date of enactment of this Act, or to inter5 national broadcasters employed by the Broadcasting
6 Board of Governors, or to temporary employment of trans7 lators, or to temporary employment in the field service
8 (not to exceed 60 days) as a result of emergencies: Pro9 vided further, That this section does not apply to the em10 ployment as Wildland firefighters for not more than 120
11 days of nonresident aliens employed by the Department
12 of the Interior or the USDA Forest Service pursuant to
13 an agreement with another country.
14
SEC. 705. Appropriations available to any depart-
15 ment or agency during the current fiscal year for nec16 essary expenses, including maintenance or operating ex17 penses, shall also be available for payment to the General
18 Services Administration for charges for space and services
19 and those expenses of renovation and alteration of build20 ings and facilities which constitute public improvements
21 performed in accordance with the Public Buildings Act of
22 1959 (73 Stat. 479), the Public Buildings Amendments
23 of 1972 (86 Stat. 216), or other applicable law.
24
SEC. 706. In addition to funds provided in this or
25 any other Act, all Federal agencies are authorized to re-
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560
1 ceive and use funds resulting from the sale of materials,
2 including Federal records disposed of pursuant to a
3 records schedule recovered through recycling or waste pre4 vention programs. Such funds shall be available until ex5 pended for the following purposes:
6
(1) Acquisition, waste reduction and prevention,
7
and recycling programs as described in Executive
8
Order No. 13423 (January 24, 2007), including any
9
such programs adopted prior to the effective date of
10
the Executive order.
11
(2) Other Federal agency environmental man-
12
agement programs, including, but not limited to, the
13
development and implementation of hazardous waste
14
management and pollution prevention programs.
15
(3) Other employee programs as authorized by
16
law or as deemed appropriate by the head of the
17
Federal agency.
18
SEC. 707. Funds made available by this or any other
19 Act for administrative expenses in the current fiscal year
20 of the corporations and agencies subject to chapter 91 of
21 title 31, United States Code, shall be available, in addition
22 to objects for which such funds are otherwise available,
23 for rent in the District of Columbia; services in accordance
24 with 5 U.S.C. 3109; and the objects specified under this
25 head, all the provisions of which shall be applicable to the
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561
1 expenditure of such funds unless otherwise specified in the
2 Act by which they are made available: Provided, That in
3 the event any functions budgeted as administrative ex4 penses are subsequently transferred to or paid from other
5 funds, the limitations on administrative expenses shall be
6 correspondingly reduced.
7
SEC. 708. No part of any appropriation contained in
8 this or any other Act shall be available for interagency
9 financing of boards (except Federal Executive Boards),
10 commissions, councils, committees, or similar groups
11 (whether or not they are interagency entities) which do
12 not have a prior and specific statutory approval to receive
13 financial support from more than one agency or instru14 mentality.
15
SEC. 709. None of the funds made available pursuant
16 to the provisions of this Act shall be used to implement,
17 administer, or enforce any regulation which has been dis18 approved pursuant to a joint resolution duly adopted in
19 accordance with the applicable law of the United States.
20
SEC. 710. During the period in which the head of
21 any department or agency, or any other officer or civilian
22 employee of the Federal Government appointed by the
23 President of the United States, holds office, no funds may
24 be obligated or expended in excess of $5,000 to furnish
25 or redecorate the office of such department head, agency
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562
1 head, officer, or employee, or to purchase furniture or
2 make improvements for any such office, unless advance
3 notice of such furnishing or redecoration is transmitted
4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate. For the purposes of this sec6 tion, the term ‘‘office’’ shall include the entire suite of of7 fices assigned to the individual, as well as any other space
8 used primarily by the individual or the use of which is
9 directly controlled by the individual.
10
SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec-
11 tion 708 of this Act, funds made available for the current
12 fiscal year by this or any other Act shall be available for
13 the interagency funding of national security and emer14 gency preparedness telecommunications initiatives which
15 benefit multiple Federal departments, agencies, or enti16 ties, as provided by Executive Order No. 13618 (July 6,
17 2012).
18
SEC. 712. (a) None of the funds appropriated by this
19 or any other Act may be obligated or expended by any
20 Federal department, agency, or other instrumentality for
21 the salaries or expenses of any employee appointed to a
22 position of a confidential or policy-determining character
23 excepted from the competitive service pursuant to 5
24 U.S.C. 3302, without a certification to the Office of Per25 sonnel Management from the head of the Federal depart-
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563
1 ment, agency, or other instrumentality employing the
2 Schedule C appointee that the Schedule C position was
3 not created solely or primarily in order to detail the em4 ployee to the White House.
5
(b) The provisions of this section shall not apply to
6 Federal employees or members of the armed forces de7 tailed to or from—
8
(1) the Central Intelligence Agency;
9
(2) the National Security Agency;
10
(3) the Defense Intelligence Agency;
11
(4) the National Geospatial-Intelligence Agency;
12
(5) the offices within the Department of De-
13
fense for the collection of specialized national foreign
14
intelligence through reconnaissance programs;
15
(6) the Bureau of Intelligence and Research of
16
the Department of State;
17
(7) any agency, office, or unit of the Army,
18
Navy, Air Force, or Marine Corps, the Department
19
of Homeland Security, the Federal Bureau of Inves-
20
tigation or the Drug Enforcement Administration of
21
the Department of Justice, the Department of
22
Transportation, the Department of the Treasury, or
23
the Department of Energy performing intelligence
24
functions; or
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564
1
(8) the Director of National Intelligence or the
2
Office of the Director of National Intelligence.
3
SEC. 713. No part of any appropriation contained in
4 this or any other Act shall be available for the payment
5 of the salary of any officer or employee of the Federal
6 Government, who—
7
(1) prohibits or prevents, or attempts or threat-
8
ens to prohibit or prevent, any other officer or em-
9
ployee of the Federal Government from having any
10
direct oral or written communication or contact with
11
any Member, committee, or subcommittee of the
12
Congress in connection with any matter pertaining
13
to the employment of such other officer or employee
14
or pertaining to the department or agency of such
15
other officer or employee in any way, irrespective of
16
whether such communication or contact is at the ini-
17
tiative of such other officer or employee or in re-
18
sponse to the request or inquiry of such Member,
19
committee, or subcommittee; or
20
(2) removes, suspends from duty without pay,
21
demotes, reduces in rank, seniority, status, pay, or
22
performance or efficiency rating, denies promotion
23
to, relocates, reassigns, transfers, disciplines, or dis-
24
criminates in regard to any employment right, enti-
25
tlement, or benefit, or any term or condition of em-
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565
1
ployment of, any other officer or employee of the
2
Federal Government, or attempts or threatens to
3
commit any of the foregoing actions with respect to
4
such other officer or employee, by reason of any
5
communication or contact of such other officer or
6
employee with any Member, committee, or sub-
7
committee of the Congress as described in paragraph
8
(1).
9
SEC. 714. (a) None of the funds made available in
10 this or any other Act may be obligated or expended for
11 any employee training that—
12
(1) does not meet identified needs for knowl-
13
edge, skills, and abilities bearing directly upon the
14
performance of official duties;
15
(2) contains elements likely to induce high lev-
16
els of emotional response or psychological stress in
17
some participants;
18
(3) does not require prior employee notification
19
of the content and methods to be used in the train-
20
ing and written end of course evaluation;
21
(4) contains any methods or content associated
22
with religious or quasi-religious belief systems or
23
‘‘new age’’ belief systems as defined in Equal Em-
24
ployment
25
915.022, dated September 2, 1988; or
Opportunity
Commission
Notice
N–
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566
1
(5) is offensive to, or designed to change, par-
2
ticipants’ personal values or lifestyle outside the
3
workplace.
4
(b) Nothing in this section shall prohibit, restrict, or
5 otherwise preclude an agency from conducting training
6 bearing directly upon the performance of official duties.
7
SEC. 715. No part of any funds appropriated in this
8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda
11 purposes, and for the preparation, distribution or use of
12 any kit, pamphlet, booklet, publication, radio, television,
13 or film presentation designed to support or defeat legisla14 tion pending before the Congress, except in presentation
15 to the Congress itself.
16
SEC. 716. None of the funds appropriated by this or
17 any other Act may be used by an agency to provide a Fed18 eral employee’s home address to any labor organization
19 except when the employee has authorized such disclosure
20 or when such disclosure has been ordered by a court of
21 competent jurisdiction.
22
SEC. 717. None of the funds made available in this
23 Act or any other Act may be used to provide any non24 public information such as mailing, telephone or electronic
25 mailing lists to any person or any organization outside of
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567
1 the Federal Government without the approval of the Com2 mittees on Appropriations of the House of Representatives
3 and the Senate.
4
SEC. 718. No part of any appropriation contained in
5 this or any other Act shall be used directly or indirectly,
6 including by private contractor, for publicity or propa7 ganda purposes within the United States not heretofore
8 authorized by the Congress.
9
SEC. 719. (a) In this section, the term ‘‘agency’’—
10
(1) means an Executive agency, as defined
11
under 5 U.S.C. 105; and
12
(2) includes a military department, as defined
13
under section 102 of such title, the Postal Service,
14
and the Postal Regulatory Commission.
15
(b) Unless authorized in accordance with law or regu-
16 lations to use such time for other purposes, an employee
17 of an agency shall use official time in an honest effort
18 to perform official duties. An employee not under a leave
19 system, including a Presidential appointee exempted under
20 5 U.S.C. 6301(2), has an obligation to expend an honest
21 effort and a reasonable proportion of such employee’s time
22 in the performance of official duties.
23
SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec-
24 tion 708 of this Act, funds made available for the current
25 fiscal year by this or any other Act to any department
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568
1 or agency, which is a member of the Federal Accounting
2 Standards Advisory Board (FASAB), shall be available to
3 finance an appropriate share of FASAB administrative
4 costs.
5
SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec-
6 tion 708 of this Act, the head of each Executive depart7 ment and agency is hereby authorized to transfer to or
8 reimburse ‘‘General Services Administration, Government9 wide Policy’’ with the approval of the Director of the Of10 fice of Management and Budget, funds made available for
11 the current fiscal year by this or any other Act, including
12 rebates from charge card and other contracts: Provided,
13 That these funds shall be administered by the Adminis14 trator of General Services to support Government-wide
15 and other multi-agency financial, information technology,
16 procurement, and other management innovations, initia17 tives, and activities, as approved by the Director of the
18 Office of Management and Budget, in consultation with
19 the appropriate interagency and multi-agency groups des20 ignated by the Director (including the President’s Man21 agement Council for overall management improvement ini22 tiatives, the Chief Financial Officers Council for financial
23 management initiatives, the Chief Information Officers
24 Council for information technology initiatives, the Chief
25 Human Capital Officers Council for human capital initia-
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569
1 tives, the Chief Acquisition Officers Council for procure2 ment initiatives, and the Performance Improvement Coun3 cil for performance improvement initiatives): Provided fur4 ther, That the total funds transferred or reimbursed shall
5 not exceed $17,000,000 for Government-Wide innovations,
6 initiatives, and activities: Provided further, That the funds
7 transferred to or for reimbursement of ‘‘General Services
8 Administration, Government-wide Policy’’ during fiscal
9 year 2014 shall remain available for obligation through
10 September 30, 2015: Provided further, That such transfers
11 or reimbursements may only be made after 15 days fol12 lowing notification of the Committees on Appropriations
13 of the House of Representatives and the Senate by the
14 Director of the Office of Management and Budget.
15
SEC. 722. Notwithstanding any other provision of
16 law, a woman may breastfeed her child at any location
17 in a Federal building or on Federal property, if the woman
18 and her child are otherwise authorized to be present at
19 the location.
20
SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec-
21 tion 708 of this Act, funds made available for the current
22 fiscal year by this or any other Act shall be available for
23 the interagency funding of specific projects, workshops,
24 studies, and similar efforts to carry out the purposes of
25 the National Science and Technology Council (authorized
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570
1 by Executive Order No. 12881), which benefit multiple
2 Federal departments, agencies, or entities: Provided, That
3 the Office of Management and Budget shall provide a re4 port describing the budget of and resources connected with
5 the National Science and Technology Council to the Com6 mittees on Appropriations, the House Committee on
7 Science and Technology, and the Senate Committee on
8 Commerce, Science, and Transportation 90 days after en9 actment of this Act.
10
SEC. 724. Any request for proposals, solicitation,
11 grant application, form, notification, press release, or
12 other publications involving the distribution of Federal
13 funds shall indicate the agency providing the funds, the
14 Catalog of Federal Domestic Assistance Number, as appli15 cable, and the amount provided: Provided, That this provi16 sion shall apply to direct payments, formula funds, and
17 grants received by a State receiving Federal funds.
18
SEC. 725. (a) PROHIBITION
19 MONITORING
OF
FEDERAL AGENCY
OF INDIVIDUALS’ INTERNET
USE.—None of
20 the funds made available in this or any other Act may
21 be used by any Federal agency—
22
(1) to collect, review, or create any aggregation
23
of data, derived from any means, that includes any
24
personally identifiable information relating to an in-
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571
1
dividual’s access to or use of any Federal Govern-
2
ment Internet site of the agency; or
3
(2) to enter into any agreement with a third
4
party (including another government agency) to col-
5
lect, review, or obtain any aggregation of data, de-
6
rived from any means, that includes any personally
7
identifiable information relating to an individual’s
8
access to or use of any nongovernmental Internet
9
site.
10
(b) EXCEPTIONS.—The limitations established in
11 subsection (a) shall not apply to—
12
(1) any record of aggregate data that does not
13
identify particular persons;
14
(2) any voluntary submission of personally iden-
15
tifiable information;
16
(3) any action taken for law enforcement, regu-
17
latory, or supervisory purposes, in accordance with
18
applicable law; or
19
(4) any action described in subsection (a)(1)
20
that is a system security action taken by the oper-
21
ator of an Internet site and is necessarily incident
22
to providing the Internet site services or to pro-
23
tecting the rights or property of the provider of the
24
Internet site.
25
(c) DEFINITIONS.—For the purposes of this section:
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572
1
(1) The term ‘‘regulatory’’ means agency ac-
2
tions to implement, interpret or enforce authorities
3
provided in law.
4
(2) The term ‘‘supervisory’’ means examina-
5
tions of the agency’s supervised institutions, includ-
6
ing assessing safety and soundness, overall financial
7
condition, management practices and policies and
8
compliance with applicable standards as provided in
9
law.
10
SEC. 726. (a) None of the funds appropriated by this
11 Act may be used to enter into or renew a contract which
12 includes a provision providing prescription drug coverage,
13 except where the contract also includes a provision for con14 traceptive coverage.
15
(b) Nothing in this section shall apply to a contract
16 with—
17
(1) any of the following religious plans:
18
(A) Personal Care’s HMO; and
19
(B) OSF HealthPlans, Inc.; and
20
(2) any existing or future plan, if the carrier
21
for the plan objects to such coverage on the basis of
22
religious beliefs.
23
(c) In implementing this section, any plan that enters
24 into or renews a contract under this section may not sub25 ject any individual to discrimination on the basis that the
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573
1 individual refuses to prescribe or otherwise provide for
2 contraceptives because such activities would be contrary
3 to the individual’s religious beliefs or moral convictions.
4
(d) Nothing in this section shall be construed to re-
5 quire coverage of abortion or abortion-related services.
6
SEC. 727. The United States is committed to ensur-
7 ing the health of its Olympic, Pan American, and
8 Paralympic athletes, and supports the strict adherence to
9 anti-doping in sport through testing, adjudication, edu10 cation, and research as performed by nationally recognized
11 oversight authorities.
12
SEC. 728. Notwithstanding any other provision of
13 law, funds appropriated for official travel to Federal de14 partments and agencies may be used by such departments
15 and agencies, if consistent with Office of Management and
16 Budget Circular A–126 regarding official travel for Gov17 ernment personnel, to participate in the fractional aircraft
18 ownership pilot program.
19
SEC. 729. Notwithstanding any other provision of
20 law, none of the funds appropriated or made available
21 under this Act or any other appropriations Act may be
22 used to implement or enforce restrictions or limitations on
23 the Coast Guard Congressional Fellowship Program, or to
24 implement the proposed regulations of the Office of Per25 sonnel Management to add sections 300.311 through
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574
1 300.316 to part 300 of title 5 of the Code of Federal Reg2 ulations, published in the Federal Register, volume 68,
3 number 174, on September 9, 2003 (relating to the detail
4 of executive branch employees to the legislative branch).
5
SEC. 730. Notwithstanding any other provision of
6 law, no executive branch agency shall purchase, construct,
7 and/or lease any additional facilities, except within or con8 tiguous to existing locations, to be used for the purpose
9 of conducting Federal law enforcement training without
10 the advance approval of the Committees on Appropriations
11 of the House of Representatives and the Senate, except
12 that the Federal Law Enforcement Training Center is au13 thorized to obtain the temporary use of additional facilities
14 by lease, contract, or other agreement for training which
15 cannot be accommodated in existing Center facilities.
16
SEC. 731. Unless otherwise authorized by existing
17 law, none of the funds provided in this Act or any other
18 Act may be used by an executive branch agency to produce
19 any prepackaged news story intended for broadcast or dis20 tribution in the United States, unless the story includes
21 a clear notification within the text or audio of the pre22 packaged news story that the prepackaged news story was
23 prepared or funded by that executive branch agency.
24
SEC. 732. None of the funds made available in this
25 Act may be used in contravention of section 552a of title
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575
1 5, United States Code (popularly known as the Privacy
2 Act), and regulations implementing that section.
3
SEC. 733. (a) IN GENERAL.—None of the funds ap-
4 propriated or otherwise made available by this or any
5 other Act may be used for any Federal Government con6 tract with any foreign incorporated entity which is treated
7 as an inverted domestic corporation under section 835(b)
8 of the Homeland Security Act of 2002 (6 U.S.C. 395(b))
9 or any subsidiary of such an entity.
10
(b) WAIVERS.—
11
(1) IN
GENERAL.—Any
Secretary shall waive
12
subsection (a) with respect to any Federal Govern-
13
ment contract under the authority of such Secretary
14
if the Secretary determines that the waiver is re-
15
quired in the interest of national security.
16
(2) REPORT
TO
CONGRESS.—Any
Secretary
17
issuing a waiver under paragraph (1) shall report
18
such issuance to Congress.
19
(c) EXCEPTION.—This section shall not apply to any
20 Federal Government contract entered into before the date
21 of the enactment of this Act, or to any task order issued
22 pursuant to such contract.
23
SEC. 734. During fiscal year 2014, for each employee
24 who—
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576
1
(1)
2
retires
under
section
8336(d)(2)
or
8414(b)(1)(B) of title 5, United States Code, or
3
(2) retires under any other provision of sub-
4
chapter III of chapter 83 or chapter 84 of such title
5
5 and receives a payment as an incentive to sepa-
6
rate, the separating agency shall remit to the Civil
7
Service Retirement and Disability Fund an amount
8
equal to the Office of Personnel Management’s aver-
9
age unit cost of processing a retirement claim for
10
the preceding fiscal year. Such amounts shall be
11
available until expended to the Office of Personnel
12
Management and shall be deemed to be an adminis-
13
trative expense under section 8348(a)(1)(B) of title
14
5, United States Code.
15
SEC. 735. (a) None of the funds made available in
16 this or any other Act may be used to recommend or re17 quire any entity submitting an offer for a Federal contract
18 to disclose any of the following information as a condition
19 of submitting the offer:
20
(1) Any payment consisting of a contribution,
21
expenditure, independent expenditure, or disburse-
22
ment for an electioneering communication that is
23
made by the entity, its officers or directors, or any
24
of its affiliates or subsidiaries to a candidate for
25
election for Federal office or to a political com-
L:\vr\011414\R011414.001.xml
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577
1
mittee, or that is otherwise made with respect to any
2
election for Federal office.
3
(2) Any disbursement of funds (other than a
4
payment described in paragraph (1)) made by the
5
entity, its officers or directors, or any of its affiliates
6
or subsidiaries to any person with the intent or the
7
reasonable expectation that the person will use the
8
funds to make a payment described in paragraph
9
(1).
10
(b) In this section, each of the terms ‘‘contribution’’,
11 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election12 eering communication’’, ‘‘candidate’’, ‘‘election’’, and
13 ‘‘Federal office’’ has the meaning given such term in the
14 Federal Election Campaign Act of 1971 (2 U.S.C. 431
15 et seq.).
16
SEC. 736. None of the funds made available in this
17 or any other Act may be used to pay for the painting of
18 a portrait of an officer or employee of the Federal govern19 ment, including the President, the Vice President, a mem20 ber of Congress (including a Delegate or a Resident Com21 missioner to Congress), the head of an executive branch
22 agency (as defined in section 133 of title 41, United States
23 Code), or the head of an office of the legislative branch.
24
SEC. 737. None of the funds appropriated or other-
25 wise made available by this or any other Act may be used
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578
1 to begin or announce a study or public-private competition
2 regarding the conversion to contractor performance of any
3 function performed by Federal employees pursuant to Of4 fice of Management and Budget Circular A–76 or any
5 other administrative regulation, directive, or policy.
6
SEC. 738. (a) For purposes of this section the fol-
7 lowing definitions apply:
8
(1) The terms ‘‘Great Lakes’’ and ‘‘Great
9
Lakes State’’ have the same meanings as such terms
10
have in section 506 of the Water Resources Develop-
11
ment Act of 2000 (42 U.S.C. 1962d–22).
12
(2) The term ‘‘Great Lakes restoration activi-
13
ties’’ means any Federal or State activity primarily
14
or entirely within the Great Lakes watershed that
15
seeks to improve the overall health of the Great
16
Lakes ecosystem.
17
(b) Hereafter, not later than 45 days after submis-
18 sion of the budget of the President to Congress, the Direc19 tor of the Office of Management and Budget, in coordina20 tion with the Governor of each Great Lakes State and the
21 Great Lakes Interagency Task Force, shall submit to the
22 appropriate authorizing and appropriating committees of
23 the Senate and the House of Representatives a financial
24 report, certified by the Secretary of each agency that has
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579
1 budget authority for Great Lakes restoration activities,
2 containing—
3
(1) an interagency budget crosscut report
4
that—
5
(A) displays the budget proposed, including
6
any planned interagency or intra-agency trans-
7
fer, for each of the Federal agencies that car-
8
ries out Great Lakes restoration activities in
9
the upcoming fiscal year, separately reporting
10
the amount of funding to be provided under ex-
11
isting laws pertaining to the Great Lakes eco-
12
system; and
13
(B) identifies all expenditures in each of
14
the 5 prior fiscal years by the Federal Govern-
15
ment and State governments for Great Lakes
16
restoration activities;
17
(2) a detailed accounting of all funds received
18
and obligated by all Federal agencies and, to the ex-
19
tent available, State agencies using Federal funds,
20
for Great Lakes restoration activities during the cur-
21
rent and previous fiscal years;
22
(3) a budget for the proposed projects (includ-
23
ing a description of the project, authorization level,
24
and project status) to be carried out in the upcom-
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580
1
ing fiscal year with the Federal portion of funds for
2
activities; and
3
(4) a listing of all projects to be undertaken in
4
the upcoming fiscal year with the Federal portion of
5
funds for activities.
6
SEC. 739. None of the funds made available by this
7 or any other Act may be used to implement, administer,
8 enforce, or apply the rule entitled ‘‘Competitive Area’’
9 published by the Office of Personnel Management in the
10 Federal Register on April 15, 2008 (73 Fed. Reg. 20180
11 et seq.).
12
SEC. 740. (a)(1) Notwithstanding any other provision
13 of law, and except as otherwise provided in this section,
14 no part of any of the funds appropriated for fiscal year
15 2014, by this or any other Act, may be used to pay any
16 prevailing
rate
employee
described
in
section
17 5342(a)(2)(A) of title 5, United States Code—
18
(A) during the period beginning on September
19
30, 2013 and ending on the normal effective date of
20
the applicable wage survey adjustment that is to
21
take effect in fiscal year 2014, in an amount that
22
exceeds the rate payable for the applicable grade and
23
step of the applicable wage schedule in accordance
24
with section 147 of the Continuing Appropriations
25
and Surface Transportation Extensions Act, 2011,
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581
1
as amended by the Consolidated and Further Con-
2
tinuing Appropriations Act, 2013; and
3
(B) during the period consisting of the remain-
4
der of fiscal year 2014, in an amount that exceeds,
5
as a result of a wage survey adjustment, the rate
6
payable under subparagraph (A) by more than the
7
sum of—
8
(i) the percentage adjustment taking effect
9
in fiscal year 2014 under section 5303 of title
10
5, United States Code, in the rates of pay
11
under the General Schedule; and
12
(ii) the difference between the overall aver-
13
age percentage of the locality-based com-
14
parability payments taking effect in fiscal year
15
2014 under section 5304 of such title (whether
16
by adjustment or otherwise), and the overall av-
17
erage percentage of such payments which was
18
effective in the previous fiscal year under such
19
section.
20
(2) Notwithstanding any other provision of law, no
21 prevailing rate employee described in subparagraph (B) or
22 (C) of section 5342(a)(2) of title 5, United States Code,
23 and no employee covered by section 5348 of such title,
24 may be paid during the periods for which paragraph (1)
25 is in effect at a rate that exceeds the rates that would
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582
1 be payable under paragraph (1) were paragraph (1) appli2 cable to such employee.
3
(3) For the purposes of this subsection, the rates pay-
4 able to an employee who is covered by this subsection and
5 who is paid from a schedule not in existence on September
6 30, 2013, shall be determined under regulations pre7 scribed by the Office of Personnel Management.
8
(4) Notwithstanding any other provision of law, rates
9 of premium pay for employees subject to this subsection
10 may not be changed from the rates in effect on September
11 30, 2013, except to the extent determined by the Office
12 of Personnel Management to be consistent with the pur13 pose of this subsection.
14
(5) This subsection shall apply with respect to pay
15 for service performed after September 30, 2013.
16
(6) For the purpose of administering any provision
17 of law (including any rule or regulation that provides pre18 mium pay, retirement, life insurance, or any other em19 ployee benefit) that requires any deduction or contribu20 tion, or that imposes any requirement or limitation on the
21 basis of a rate of salary or basic pay, the rate of salary
22 or basic pay payable after the application of this sub23 section shall be treated as the rate of salary or basic pay.
24
(7) Nothing in this subsection shall be considered to
25 permit or require the payment to any employee covered
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583
1 by this subsection at a rate in excess of the rate that would
2 be payable were this subsection not in effect.
3
(8) The Office of Personnel Management may provide
4 for exceptions to the limitations imposed by this sub5 section if the Office determines that such exceptions are
6 necessary to ensure the recruitment or retention of quali7 fied employees.
8
(b) Notwithstanding subsection (a) and section 147
9 of the Continuing Appropriations and Surface Transpor10 tation Extensions Act, 2011, as amended by the Consoli11 dated and Further Continuing Appropriations Act, 2013,
12 the adjustment in rates of basic pay for the statutory pay
13 systems that take place in fiscal year 2014 under sections
14 5344 and 5348 of title 5, United States Code, shall be—
15
(1) not less than the percentage received by em-
16
ployees in the same location whose rates of basic pay
17
are adjusted pursuant to the statutory pay systems
18
under sections 5303 and 5304 of title 5, United
19
States Code: Provided, That prevailing rate employ-
20
ees at locations where there are no employees whose
21
pay is increased pursuant to sections 5303 and 5304
22
of title 5, United States Code, and prevailing rate
23
employees described in section 5343(a)(5) of title 5,
24
United States Code, shall be considered to be located
25
in the pay locality designated as ‘‘Rest of United
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584
1
States’’ pursuant to section 5304 of title 5, United
2
States Code, for purposes of this subsection; and
3
(2) effective as of the first day of the first ap-
4
plicable pay period beginning after September 30,
5
2013.
6
SEC. 741. (a) The Vice President may not receive a
7 pay raise in calendar year 2014, notwithstanding the rate
8 adjustment made under section 104 of title 3, United
9 States Code, or any other provision of law.
10
(b) An employee serving in an Executive Schedule po-
11 sition, or in a position for which the rate of pay is fixed
12 by statute at an Executive Schedule rate, may not receive
13 a pay rate increase in calendar year 2014, notwith14 standing schedule adjustments made under section 5318
15 of title 5, United States Code, or any other provision of
16 law, except as provided in subsection (g), (h), or (i). This
17 subsection applies only to employees who are holding a po18 sition under a political appointment.
19
(c) A chief of mission or ambassador at large may
20 not receive a pay rate increase in calendar year 2014, not21 withstanding section 401 of the Foreign Service Act of
22 1980 (Public Law 96–465) or any other provision of law,
23 except as provided in subsection (g), (h), or (i).
24
(d) Notwithstanding sections 5382 and 5383 of title
25 5, United States Code, a pay rate increase may not be
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585
1 received in calendar year 2014 (except as provided in sub2 section (g), (h), or (i)) by—
3
(1) a noncareer appointee in the Senior Execu-
4
tive Service paid a rate of basic pay at or above level
5
IV of the Executive Schedule; or
6
(2) a limited term appointee or limited emer-
7
gency appointee in the Senior Executive Service
8
serving under a political appointment and paid a
9
rate of basic pay at or above level IV of the Execu-
10
tive Schedule.
11
(e) Any employee paid a rate of basic pay (including
12 any locality-based payments under section 5304 of title
13 5, United States Code, or similar authority) at or above
14 level IV of the Executive Schedule who serves under a po15 litical appointment may not receive a pay rate increase
16 in calendar year 2014, notwithstanding any other provi17 sion of law, except as provided in subsection (g), (h), or
18 (i). This subsection does not apply to employees in the
19 General Schedule pay system or the Foreign Service pay
20 system, or to employees appointed under section 3161 of
21 title 5, United States Code, or to employees in another
22 pay system whose position would be classified at GS–15
23 or below if chapter 51 of title 5, United States Code, ap24 plied to them.
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586
1
(f) Nothing in subsections (b) through (e) shall pre-
2 vent employees who do not serve under a political appoint3 ment from receiving pay increases as otherwise provided
4 under applicable law.
5
(g) A career appointee in the Senior Executive Serv-
6 ice who receives a Presidential appointment and who
7 makes an election to retain Senior Executive Service basic
8 pay entitlements under section 3392 of title 5, United
9 States Code, is not subject to this section.
10
(h) A member of the Senior Foreign Service who re-
11 ceives a Presidential appointment to any position in the
12 executive branch and who makes an election to retain Sen13 ior Foreign Service pay entitlements under section 302(b)
14 of the Foreign Service Act of 1980 (Public Law 96–465)
15 is not subject to this section.
16
(i) Notwithstanding subsections (b) through (e), an
17 employee in a covered position may receive a pay rate in18 crease upon an authorized movement to a different cov19 ered position with higher-level duties and a pre-established
20 higher level or range of pay, except that any such increase
21 must be based on the rates of pay and applicable pay limi22 tations in effect on December 31, 2013.
23
(j) Notwithstanding any other provision of law, for
24 an individual who is newly appointed to a covered position
25 during the period of time subject to this section, the initial
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587
1 pay rate shall be based on the rates of pay and applicable
2 pay limitations in effect on December 31, 2013.
3
(k) If an employee affected by subsections (b)
4 through (e) is subject to a biweekly pay period that begins
5 in calendar year 2014 but ends in calendar year 2015,
6 the bar on the employee’s receipt of pay rate increases
7 shall apply through the end of that pay period.
8
(l) An initial or increased pay rate for an individual
9 in a covered position that takes effect in calendar year
10 2014 prior to enactment of this Act shall be valid only
11 through the end of the pay period during which the enact12 ment took place. Effective on the first day of the next pay
13 period, the individual’s pay rate will be set at the rate that
14 would have applied if this section had been in effect on
15 January 1, 2014.
16
SEC. 742. (a) The head of any Executive branch de-
17 partment, agency, board, commission, or office funded by
18 this Act shall submit annual reports to the Inspector Gen19 eral or senior ethics official for any entity without an In20 spector General, regarding the costs and contracting pro21 cedures related to each conference held by any such de22 partment, agency, board, commission, or office during fis23 cal year 2014 for which the cost to the United States Gov24 ernment was more than $100,000.
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588
1
(b) Each report submitted shall include, for each con-
2 ference described in subsection (a) held during the applica3 ble period—
4
(1) a description of its purpose;
5
(2) the number of participants attending;
6
(3) a detailed statement of the costs to the
7
United States Government, including—
8
(A) the cost of any food or beverages;
9
(B) the cost of any audio-visual services;
10
(C) the cost of employee or contractor
11
travel to and from the conference; and
12
(D) a discussion of the methodology used
13
to determine which costs relate to the con-
14
ference; and
15
(4) a description of the contracting procedures
16
used including—
17
(A) whether contracts were awarded on a
18
competitive basis; and
19
(B) a discussion of any cost comparison
20
conducted by the departmental component or
21
office in evaluating potential contractors for the
22
conference.
23
(c) Within 15 days of the date of a conference held
24 by any Executive branch department, agency, board, com25 mission, or office funded by this Act during fiscal year
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589
1 2014 for which the cost to the United States Government
2 was more than $20,000, the head of any such department,
3 agency, board, commission, or office shall notify the In4 spector General or senior ethics official for any entity
5 without an Inspector General, of the date, location, and
6 number of employees attending such conference.
7
(d) A grant or contract funded by amounts appro-
8 priated by this or any other appropriations Act may not
9 be used for the purpose of defraying the costs of a con10 ference described in subsection (c) that is not directly and
11 programmatically related to the purpose for which the
12 grant or contract was awarded, such as a conference held
13 in connection with planning, training, assessment, review,
14 or other routine purposes related to a project funded by
15 the grant or contract.
16
(e) None of the funds made available in this or any
17 other appropriations Act may be used for travel and con18 ference activities that are not in compliance with Office
19 of Management and Budget Memorandum M–12–12
20 dated May 11, 2012.
21
SEC. 743. None of the funds made available in this
22 or any other appropriations Act may be used to eliminate
23 or reduce funding for a program, project, or activity as
24 proposed in the President’s budget request for a fiscal
25 year until such proposed change is subsequently enacted
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590
1 in an appropriation Act, or unless such change is made
2 pursuant to the reprogramming or transfer provisions of
3 this or any other appropriations Act.
4
SEC. 744. Except as expressly provided otherwise,
5 any reference to ‘‘this Act’’ contained in any title other
6 than title IV or VIII shall not apply to such title IV or
7 VIII.
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591
1
TITLE VIII
2
GENERAL PROVISIONS—DISTRICT OF
3
COLUMBIA
4
(INCLUDING TRANSFER OF FUNDS)
5
SEC. 801. There are appropriated from the applicable
6 funds of the District of Columbia such sums as may be
7 necessary for making refunds and for the payment of legal
8 settlements or judgments that have been entered against
9 the District of Columbia government.
10
SEC. 802. None of the Federal funds provided in this
11 Act shall be used for publicity or propaganda purposes or
12 implementation of any policy including boycott designed
13 to support or defeat legislation pending before Congress
14 or any State legislature.
15
SEC. 803. (a) None of the Federal funds provided
16 under this Act to the agencies funded by this Act, both
17 Federal and District government agencies, that remain
18 available for obligation or expenditure in fiscal year 2014,
19 or provided from any accounts in the Treasury of the
20 United States derived by the collection of fees available
21 to the agencies funded by this Act, shall be available for
22 obligation or expenditures for an agency through a re23 programming of funds which—
24
(1) creates new programs;
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592
1
(2) eliminates a program, project, or responsi-
2
bility center;
3
(3) establishes or changes allocations specifi-
4
cally denied, limited or increased under this Act;
5
(4) increases funds or personnel by any means
6
for any program, project, or responsibility center for
7
which funds have been denied or restricted;
8
(5) re-establishes any program or project pre-
9
viously deferred through reprogramming;
10
(6) augments any existing program, project, or
11
responsibility center through a reprogramming of
12
funds in excess of $3,000,000 or 10 percent, which-
13
ever is less; or
14
(7) increases by 20 percent or more personnel
15
assigned to a specific program, project or responsi-
16
bility center,
17 unless prior approval is received from the Committees on
18 Appropriations of the House of Representatives and the
19 Senate.
20
(b) The District of Columbia government is author-
21 ized to approve and execute reprogramming and transfer
22 requests of local funds under this title through November
23 7, 2014.
24
SEC. 804. None of the Federal funds provided in this
25 Act may be used by the District of Columbia to provide
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593
1 for salaries, expenses, or other costs associated with the
2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia
4 Statehood Constitutional Convention Initiatives of 1979
5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123).
6
SEC. 805. Except as otherwise provided in this sec-
7 tion, none of the funds made available by this Act or by
8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle
10 unless the officer or employee uses the vehicle only in the
11 performance of the officer’s or employee’s official duties.
12 For purposes of this section, the term ‘‘official duties’’
13 does not include travel between the officer’s or employee’s
14 residence and workplace, except in the case of—
15
(1) an officer or employee of the Metropolitan
16
Police Department who resides in the District of Co-
17
lumbia or a District of Columbia government em-
18
ployee as may otherwise be designated by the Chief
19
of the Department;
20
(2) at the discretion of the Fire Chief, an offi-
21
cer or employee of the District of Columbia Fire and
22
Emergency Medical Services Department who re-
23
sides in the District of Columbia and is on call 24
24
hours a day or is otherwise designated by the Fire
25
Chief;
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594
1
(3) at the discretion of the Director of the De-
2
partment of Corrections, an officer or employee of
3
the District of Columbia Department of Corrections
4
who resides in the District of Columbia and is on
5
call 24 hours a day or is otherwise designated by the
6
Director;
7
(4) the Mayor of the District of Columbia; and
8
(5) the Chairman of the Council of the District
9
of Columbia.
10
SEC. 806. (a) None of the Federal funds contained
11 in this Act may be used by the District of Columbia Attor12 ney General or any other officer or entity of the District
13 government to provide assistance for any petition drive or
14 civil action which seeks to require Congress to provide for
15 voting representation in Congress for the District of Co16 lumbia.
17
(b) Nothing in this section bars the District of Co-
18 lumbia Attorney General from reviewing or commenting
19 on briefs in private lawsuits, or from consulting with offi20 cials of the District government regarding such lawsuits.
21
SEC. 807. None of the Federal funds contained in
22 this Act may be used to distribute any needle or syringe
23 for the purpose of preventing the spread of blood borne
24 pathogens in any location that has been determined by the
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595
1 local public health or local law enforcement authorities to
2 be inappropriate for such distribution.
3
SEC. 808. Nothing in this Act may be construed to
4 prevent the Council or Mayor of the District of Columbia
5 from addressing the issue of the provision of contraceptive
6 coverage by health insurance plans, but it is the intent
7 of Congress that any legislation enacted on such issue
8 should include a ‘‘conscience clause’’ which provides excep9 tions for religious beliefs and moral convictions.
10
SEC. 809. None of the Federal funds contained in
11 this Act may be used to enact or carry out any law, rule,
12 or regulation to legalize or otherwise reduce penalties asso13 ciated with the possession, use, or distribution of any
14 schedule I substance under the Controlled Substances Act
15 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de16 rivative.
17
SEC. 810. None of the funds appropriated under this
18 Act shall be expended for any abortion except where the
19 life of the mother would be endangered if the fetus were
20 carried to term or where the pregnancy is the result of
21 an act of rape or incest.
22
SEC. 811. (a) No later than 30 calendar days after
23 the date of the enactment of this Act, the Chief Financial
24 Officer for the District of Columbia shall submit to the
25 appropriate committees of Congress, the Mayor, and the
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596
1 Council of the District of Columbia, a revised appropriated
2 funds operating budget in the format of the budget that
3 the District of Columbia government submitted pursuant
4 to section 442 of the District of Columbia Home Rule Act
5 (D.C. Official Code, sec. 1–204.42), for all agencies of the
6 District of Columbia government for fiscal year 2014 that
7 is in the total amount of the approved appropriation and
8 that realigns all budgeted data for personal services and
9 other-than-personal services, respectively, with anticipated
10 actual expenditures.
11
(b) This section shall apply only to an agency for
12 which the Chief Financial Officer for the District of Co13 lumbia certifies that a reallocation is required to address
14 unanticipated changes in program requirements.
15
SEC. 812. No later than 30 calendar days after the
16 date of the enactment of this Act, the Chief Financial Offi17 cer for the District of Columbia shall submit to the appro18 priate committees of Congress, the Mayor, and the Council
19 for the District of Columbia, a revised appropriated funds
20 operating budget for the District of Columbia Public
21 Schools that aligns schools budgets to actual enrollment.
22 The revised appropriated funds budget shall be in the for23 mat of the budget that the District of Columbia govern24 ment submitted pursuant to section 442 of the District
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597
1 of Columbia Home Rule Act (D.C. Official Code, Sec. 1–
2 204.42).
3
SEC. 813. (a) Amounts appropriated in this Act as
4 operating funds may be transferred to the District of Co5 lumbia’s enterprise and capital funds and such amounts,
6 once transferred, shall retain appropriation authority con7 sistent with the provisions of this Act.
8
(b) The District of Columbia government is author-
9 ized to reprogram or transfer for operating expenses any
10 local funds transferred or reprogrammed in this or the
11 four prior fiscal years from operating funds to capital
12 funds, and such amounts, once transferred or repro13 grammed, shall retain appropriation authority consistent
14 with the provisions of this Act.
15
(c) The District of Columbia government may not
16 transfer or reprogram for operating expenses any funds
17 derived from bonds, notes, or other obligations issued for
18 capital projects.
19
SEC. 814. None of the Federal funds appropriated
20 in this Act shall remain available for obligation beyond
21 the current fiscal year, nor may any be transferred to
22 other appropriations, unless expressly so provided herein.
23
SEC. 815. Except as otherwise specifically provided
24 by law or under this Act, not to exceed 50 percent of unob25 ligated balances remaining available at the end of fiscal
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598
1 year 2014 from appropriations of Federal funds made
2 available for salaries and expenses for fiscal year 2014 in
3 this Act, shall remain available through September 30,
4 2015, for each such account for the purposes authorized:
5 Provided, That a request shall be submitted to the Com6 mittees on Appropriations of the House of Representatives
7 and the Senate for approval prior to the expenditure of
8 such funds: Provided further, That these requests shall be
9 made in compliance with reprogramming guidelines out10 lined in section 803 of this Act.
11
SEC. 816. (a) During fiscal year 2015, during a pe-
12 riod in which neither a District of Columbia continuing
13 resolution or a regular District of Columbia appropriation
14 bill is in effect, local funds are appropriated in the amount
15 provided for any project or activity for which local funds
16 are provided in the Fiscal Year 2015 Budget Request Act
17 of 2014 as submitted to Congress (subject to any modi18 fications enacted by the District of Columbia as of the be19 ginning of the period during which this subsection is in
20 effect) at the rate set forth by such Act.
21
(b) Appropriations made by subsection (a) shall cease
22 to be available—
23
(1) during any period in which a District of Co-
24
lumbia continuing resolution for fiscal year 2015 is
25
in effect; or
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599
1
(2) upon the enactment into law of the regular
2
District of Columbia appropriation bill for fiscal year
3
2015.
4
(c) An appropriation made by subsection (a) is pro-
5 vided under the authority and conditions as provided
6 under this Act and shall be available to the extent and
7 in the manner that would be provided by this Act.
8
(d) An appropriation made by subsection (a) shall
9 cover all obligations or expenditures incurred for such
10 project or activity during the portion of fiscal year 2015
11 for which this section applies to such project or activity.
12
(e) This section shall not apply to a project or activity
13 during any period of fiscal year 2015 if any other provi14 sion of law (other than an authorization of appropria15 tions)—
16
(1) makes an appropriation, makes funds avail-
17
able, or grants authority for such project or activity
18
to continue for such period, or
19
(2) specifically provides that no appropriation
20
shall be made, no funds shall be made available, or
21
no authority shall be granted for such project or ac-
22
tivity to continue for such period.
23
(f) Nothing in this section shall be construed to effect
24 obligations of the government of the District of Columbia
25 mandated by other law.
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600
1
SEC. 817. Except as expressly provided otherwise,
2 any reference to ‘‘this Act’’ contained in this title or in
3 title IV shall be treated as referring only to the provisions
4 of this title or of title IV.
5
This division may be cited as the ‘‘Financial Services
6 and General Government Appropriations Act, 2014’’.
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601
1 DIVISION
F—DEPARTMENT
2
LAND
SECURITY
3
ACT, 2014
OF
HOME-
APPROPRIATIONS
4
TITLE I
5
DEPARTMENTAL MANAGEMENT AND
6
OPERATIONS
7
OFFICE
OF THE
8
SECRETARY
AND
EXECUTIVE
MANAGEMENT
9
For necessary expenses of the Office of the Secretary
10 of Homeland Security, as authorized by section 102 of the
11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $122,350,000: Provided, That
14 not to exceed $45,000 shall be for official reception and
15 representation expenses: Provided further, That all official
16 costs associated with the use of government aircraft by
17 Department of Homeland Security personnel to support
18 official travel of the Secretary and the Deputy Secretary
19 shall be paid from amounts made available for the Imme20 diate Office of the Secretary and the Immediate Office of
21 the Deputy Secretary: Provided further, That the Sec22 retary shall submit to the Committees on Appropriations
23 of the Senate and the House of Representatives, not later
24 than 90 days after the date of enactment of this Act, ex25 penditure plans for the Office of Policy, the Office of
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602
1 Intergovernmental Affairs, the Office for Civil Rights and
2 Civil Liberties, the Citizenship and Immigration Services
3 Ombudsman, and the Privacy Officer: Provided further,
4 That expenditure plans for the offices in the previous pro5 viso shall also be submitted at the time the President’s
6 budget proposal for fiscal year 2015 is submitted pursuant
7 to section 1105(a) of title 31, United States Code.
8 OFFICE
9
OF THE
UNDER SECRETARY
FOR
MANAGEMENT
For necessary expenses of the Office of the Under
10 Secretary for Management, as authorized by sections 701
11 through 705 of the Homeland Security Act of 2002 (6
12 U.S.C. 341 through 345), $196,015,000, of which not to
13 exceed $2,250 shall be for official reception and represen14 tation expenses: Provided, That of the total amount made
15 available under this heading, $4,500,000 shall remain
16 available until September 30, 2018, solely for the alter17 ation and improvement of facilities, tenant improvements,
18 and relocation costs to consolidate Department head19 quarters operations at the Nebraska Avenue Complex; and
20 $7,815,000 shall remain available until September 30,
21 2015, for the Human Resources Information Technology
22 program: Provided further, That the Under Secretary for
23 Management shall, pursuant to the requirements con24 tained in House Report 112–331, submit to the Commit25 tees on Appropriations of the Senate and the House of
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603
1 Representatives at the time the President’s budget pro2 posal for fiscal year 2015 is submitted pursuant to section
3 1105(a) of title 31, United States Code, a Comprehensive
4 Acquisition Status Report, which shall include the infor5 mation required under the heading ‘‘Office of the Under
6 Secretary for Management’’ under title I of division D of
7 the Consolidated Appropriations Act, 2012 (Public Law
8 112–74), and quarterly updates to such report not later
9 than 45 days after the completion of each quarter.
10
OFFICE
11
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Fi-
12 nancial Officer, as authorized by section 103 of the Home13 land Security Act of 2002 (6 U.S.C. 113), $46,000,000:
14 Provided, That the Secretary of Homeland Security shall
15 submit to the Committees on Appropriations of the Senate
16 and the House of Representatives, at the time the Presi17 dent’s budget proposal for fiscal year 2015 is submitted
18 pursuant to section 1105(a) of title 31, United States
19 Code, the Future Years Homeland Security Program, as
20 authorized by section 874 of Public Law 107–296 (6
21 U.S.C. 454).
22
OFFICE
23
For necessary expenses of the Office of the Chief In-
OF THE
CHIEF INFORMATION OFFICER
24 formation Officer, as authorized by section 103 of the
25 Homeland Security Act of 2002 (6 U.S.C. 113), and De-
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604
1 partment-wide technology investments, $257,156,000; of
2 which $115,000,000 shall be available for salaries and ex3 penses; and of which $142,156,000, to remain available
4 until September 30, 2015, shall be available for develop5 ment and acquisition of information technology equip6 ment, software, services, and related activities for the De7 partment of Homeland Security.
8
ANALYSIS
9
AND
OPERATIONS
For necessary expenses for intelligence analysis and
10 operations coordination activities, as authorized by title II
11 of the Homeland Security Act of 2002 (6 U.S.C. 121 et
12 seq.), $300,490,000; of which not to exceed $3,825 shall
13 be for official reception and representation expenses; and
14 of which $129,540,000 shall remain available until Sep15 tember 30, 2015.
16
OFFICE
17
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector
18 General in carrying out the provisions of the Inspector
19 General Act of 1978 (5 U.S.C. App.), $115,437,000; of
20 which not to exceed $300,000 may be used for certain con21 fidential operational expenses, including the payment of
22 informants, to be expended at the direction of the Inspec23 tor General.
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605
1
TITLE II
2
SECURITY, ENFORCEMENT, AND
3
INVESTIGATIONS
4
U.S. CUSTOMS
5
AND
BORDER PROTECTION
SALARIES AND EXPENSES
6
For necessary expenses for enforcement of laws relat-
7 ing to border security, immigration, customs, agricultural
8 inspections and regulatory activities related to plant and
9 animal imports, and transportation of unaccompanied
10 minor aliens; purchase and lease of up to 7,500 (6,500
11 for replacement only) police-type vehicles; and contracting
12 with
individuals
for
personal
services
abroad;
13 $8,145,568,000; of which $3,274,000 shall be derived
14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal
17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security
19 Act of 2002 (6 U.S.C. 551(e)(1)); of which $165,715,000
20 shall be available until September 30, 2015, solely for the
21 purpose of hiring, training, and equipping new U.S. Cus22 toms and Border Protection officers at ports of entry; of
23 which not to exceed $34,425 shall be for official reception
24 and representation expenses; of which such sums as be25 come available in the Customs User Fee Account, except
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606
1 sums subject to section 13031(f)(3) of the Consolidated
2 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
3 58c(f)(3)), shall be derived from that account; of which
4 not to exceed $150,000 shall be available for payment for
5 rental space in connection with preclearance operations;
6 and of which not to exceed $1,000,000 shall be for awards
7 of compensation to informants, to be accounted for solely
8 under the certificate of the Secretary of Homeland Secu9 rity: Provided, That for fiscal year 2014, the overtime lim10 itation prescribed in section 5(c)(1) of the Act of February
11 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not12 withstanding any other provision of law, none of the funds
13 appropriated by this Act shall be available to compensate
14 any employee of U.S. Customs and Border Protection for
15 overtime, from whatever source, in an amount that ex16 ceeds such limitation, except in individual cases deter17 mined by the Secretary of Homeland Security, or the des18 ignee of the Secretary, to be necessary for national secu19 rity purposes, to prevent excessive costs, or in cases of
20 immigration emergencies: Provided further, That the Bor21 der Patrol shall maintain an active duty presence of not
22 less than 21,370 full-time equivalent agents protecting the
23 borders of the United States in the fiscal year.
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607
1
AUTOMATION MODERNIZATION
2
For necessary expenses for U.S. Customs and Border
3 Protection for operation and improvement of automated
4 systems, including salaries and expenses, $816,523,000;
5 of which $340,936,000 shall remain available until Sep6 tember 30, 2016; and of which not less than $140,762,000
7 shall be for the development of the Automated Commercial
8 Environment.
9
BORDER SECURITY FENCING, INFRASTRUCTURE, AND
10
TECHNOLOGY
11
For expenses for border security fencing, infrastruc-
12 ture, and technology, $351,454,000, to remain available
13 until September 30, 2016: Provided, That no additional
14 deployments of technology associated with integrated fixed
15 towers shall occur until the Chief of the Border Patrol
16 certifies to the Committees on Appropriations of the Sen17 ate and the House of Representatives that the first deploy18 ment of technology associated with integrated fixed towers
19 meets the operational requirements of the Border Patrol.
20
AIR AND MARINE OPERATIONS
21
For necessary expenses for the operations, mainte-
22 nance, and procurement of marine vessels, aircraft, un23 manned aircraft systems, and other related equipment of
24 the air and marine program, including salaries and ex25 penses, operational training, and mission-related travel,
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608
1 the operations of which include the following: the interdic2 tion of narcotics and other goods; the provision of support
3 to Federal, State, and local agencies in the enforcement
4 or administration of laws enforced by the Department of
5 Homeland Security; and, at the discretion of the Secretary
6 of Homeland Security, the provision of assistance to Fed7 eral, State, and local agencies in other law enforcement
8 and emergency humanitarian efforts; $805,068,000; of
9 which $286,818,000 shall be available for salaries and ex10 penses; and of which $518,250,000 shall remain available
11 until September 30, 2016: Provided, That no aircraft or
12 other related equipment, with the exception of aircraft
13 that are one of a kind and have been identified as excess
14 to U.S. Customs and Border Protection requirements and
15 aircraft that have been damaged beyond repair, shall be
16 transferred to any other Federal agency, department, or
17 office outside of the Department of Homeland Security
18 during fiscal year 2014 without prior notice to the Com19 mittees on Appropriations of the Senate and the House
20 of Representatives: Provided further, That the Secretary
21 of Homeland Security shall report to the Committees on
22 Appropriations of the Senate and the House of Represent23 atives, not later than 90 days after the date of enactment
24 of this Act, on any changes to the 5-year strategic plan
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609
1 for the air and marine program required under this head2 ing in Public Law 112–74.
3
CONSTRUCTION AND FACILITIES MANAGEMENT
4
For necessary expenses to plan, acquire, construct,
5 renovate, equip, furnish, operate, manage, and maintain
6 buildings, facilities, and related infrastructure necessary
7 for the administration and enforcement of the laws relat8 ing to customs, immigration, and border security, includ9 ing land ports of entry where the Administrator of General
10 Services has delegated to the Secretary of Homeland Secu11 rity the authority to operate, maintain, repair, and alter
12 such facilities, and to pay rent to the General Services Ad13 ministration for use of land ports of entry, $456,278,000,
14 to remain available until September 30, 2018: Provided,
15 That the Commissioner of U.S. Customs and Border Pro16 tection shall submit to the Committees on Appropriations
17 of the Senate and the House of Representatives, at the
18 time the President’s budget proposal for fiscal year 2015
19 is submitted pursuant to section 1105(a) of title 31,
20 United States Code, an inventory of the real property of
21 U.S. Customs and Border Protection and a plan for each
22 activity and project proposed for funding under this head23 ing that includes the full cost by fiscal year of each activity
24 and project proposed and underway in fiscal year 2015.
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610
1
U.S. IMMIGRATION
2
AND
CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
3
For necessary expenses for enforcement of immigra-
4 tion and customs laws, detention and removals, and inves5 tigations, including intellectual property rights and over6 seas vetted units operations; and purchase and lease of
7 up to 3,790 (2,350 for replacement only) police-type vehi8 cles; $5,229,461,000; of which not to exceed $10,000,000
9 shall be available until expended for conducting special op10 erations under section 3131 of the Customs Enforcement
11 Act of 1986 (19 U.S.C. 2081); of which not to exceed
12 $11,475 shall be for official reception and representation
13 expenses; of which not to exceed $2,000,000 shall be for
14 awards of compensation to informants, to be accounted
15 for solely under the certificate of the Secretary of Home16 land Security; of which not less than $305,000 shall be
17 for promotion of public awareness of the Cyber Tipline
18 and related activities to counter child exploitation; of
19 which not less than $5,400,000 shall be used to facilitate
20 agreements consistent with section 287(g) of the Immigra21 tion and Nationality Act (8 U.S.C. 1357(g)); and of which
22 not to exceed $11,216,000 shall be available to fund or
23 reimburse other Federal agencies for the costs associated
24 with the care, maintenance, and repatriation of smuggled
25 aliens unlawfully present in the United States: Provided,
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611
1 That none of the funds made available under this heading
2 shall be available to compensate any employee for overtime
3 in an annual amount in excess of $35,000, except that
4 the Secretary of Homeland Security, or the designee of
5 the Secretary, may waive that amount as necessary for
6 national security purposes and in cases of immigration
7 emergencies: Provided further, That of the total amount
8 provided, $15,770,000 shall be for activities to enforce
9 laws against forced child labor, of which not to exceed
10 $6,000,000 shall remain available until expended: Pro11 vided further, That of the total amount available, not less
12 than $1,600,000,000 shall be available to identify aliens
13 convicted of a crime who may be deportable, and to remove
14 them from the United States once they are judged deport15 able: Provided further, That the Secretary of Homeland
16 Security shall prioritize the identification and removal of
17 aliens convicted of a crime by the severity of that crime:
18 Provided further, That funding made available under this
19 heading shall maintain a level of not less than 34,000 de20 tention beds through September 30, 2014: Provided fur21 ther, That of the total amount provided, not less than
22 $2,785,096,000 is for detention and removal operations,
23 including transportation of unaccompanied minor aliens:
24 Provided further, That of the total amount provided,
25 $10,300,000 shall remain available until September 30,
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612
1 2015, for the Visa Security Program: Provided further,
2 That not less than $10,000,000 shall be available for in3 vestigation of intellectual property rights violations, in4 cluding operation of the National Intellectual Property
5 Rights Coordination Center: Provided further, That none
6 of the funds provided under this heading may be used to
7 continue a delegation of law enforcement authority author8 ized under section 287(g) of the Immigration and Nation9 ality Act (8 U.S.C. 1357(g)) if the Department of Home10 land Security Inspector General determines that the terms
11 of the agreement governing the delegation of authority
12 have been violated: Provided further, That none of the
13 funds provided under this heading may be used to con14 tinue any contract for the provision of detention services
15 if the two most recent overall performance evaluations re16 ceived by the contracted facility are less than ‘‘adequate’’
17 or the equivalent median score in any subsequent perform18 ance evaluation system: Provided further, That nothing
19 under this heading shall prevent U.S. Immigration and
20 Customs Enforcement from exercising those authorities
21 provided under immigration laws (as defined in section
22 101(a)(17) of the Immigration and Nationality Act (8
23 U.S.C. 1101(a)(17))) during priority operations per24 taining to aliens convicted of a crime: Provided further,
25 That without regard to the limitation as to time and con-
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613
1 dition of section 503(d) of this Act, the Secretary may
2 propose to reprogram and transfer funds within and into
3 this appropriation necessary to ensure the detention of
4 aliens prioritized for removal.
5
AUTOMATION MODERNIZATION
6
For expenses of immigration and customs enforce-
7 ment automated systems, $34,900,000, to remain avail8 able until September 30, 2016.
9
CONSTRUCTION
10
For necessary expenses to plan, construct, renovate,
11 equip, and maintain buildings and facilities necessary for
12 the administration and enforcement of the laws relating
13 to customs and immigration, $5,000,000, to remain avail14 able until September 30, 2017.
15
TRANSPORTATION SECURITY ADMINISTRATION
16
AVIATION SECURITY
17
For necessary expenses of the Transportation Secu-
18 rity Administration related to providing civil aviation secu19 rity services pursuant to the Aviation and Transportation
20 Security Act (Public Law 107–71; 115 Stat. 597; 49
21 U.S.C. 40101 note), $4,982,735,000, to remain available
22 until September 30, 2015; of which not to exceed $7,650
23 shall be for official reception and representation expenses:
24 Provided, That of the total amount made available under
25 this heading, not to exceed $3,894,236,000 shall be for
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614
1 screening operations, of which $372,354,000 shall be
2 available for explosives detection systems; $103,309,000
3 shall be for checkpoint support; and not to exceed
4 $1,088,499,000 shall be for aviation security direction and
5 enforcement: Provided further, That of the amount made
6 available in the preceding proviso for explosives detection
7 systems, $73,845,000 shall be available for the purchase
8 and installation of these systems: Provided further, That
9 any award to deploy explosives detection systems shall be
10 based on risk, the airport’s current reliance on other
11 screening solutions, lobby congestion resulting in increased
12 security concerns, high injury rates, airport readiness, and
13 increased cost effectiveness: Provided further, That secu14 rity service fees authorized under section 44940 of title
15 49, United States Code, shall be credited to this appro16 priation as offsetting collections and shall be available only
17 for aviation security: Provided further, That the sum ap18 propriated under this heading from the general fund shall
19 be reduced on a dollar-for-dollar basis as such offsetting
20 collections are received during fiscal year 2014 so as to
21 result in a final fiscal year appropriation from the general
22 fund estimated at not more than $2,862,735,000: Pro23 vided further, That notwithstanding section 44923 of title
24 49, United States Code, for fiscal year 2014, any funds
25 in the Aviation Security Capital Fund established by sec-
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615
1 tion 44923(h) of title 49, United States Code, may be used
2 for the procurement and installation of explosives detec3 tion systems or for the issuance of other transaction agree4 ments for the purpose of funding projects described in sec5 tion 44923(a) of such title: Provided further, That none
6 of the funds made available in this Act may be used for
7 any recruiting or hiring of personnel into the Transpor8 tation Security Administration that would cause the agen9 cy to exceed a staffing level of 46,000 full-time equivalent
10 screeners: Provided further, That the preceding proviso
11 shall not apply to personnel hired as part-time employees:
12 Provided further, That not later than 90 days after the
13 date of enactment of this Act, the Secretary of Homeland
14 Security shall submit to the Committees on Appropria15 tions of the Senate and the House of Representatives a
16 detailed report on—
17
(1) the Department of Homeland Security ef-
18
forts and resources being devoted to develop more
19
advanced
20
nologies for the most effective security of passengers
21
and baggage at the lowest possible operating and ac-
22
quisition costs, including projected funding levels for
23
each fiscal year for the next 5 years or until project
24
completion, whichever is earlier;
integrated
passenger
screening
tech-
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616
1
(2) how the Transportation Security Adminis-
2
tration is deploying its existing passenger and bag-
3
gage screener workforce in the most cost effective
4
manner; and
5
(3) labor savings from the deployment of im-
6
proved technologies for passenger and baggage
7
screening and how those savings are being used to
8
offset security costs or reinvested to address security
9
vulnerabilities:
10 Provided further, That not later than April 15, 2014, the
11 Administrator of the Transportation Security Administra12 tion shall submit to the Committees on Appropriations of
13 the Senate and the House of Representatives, a report
14 that:
15
(1) certifies that one in four air passengers that
16
require security screening by the Transportation Se-
17
curity Administration is eligible for expedited screen-
18
ing without lowering security standards; and
19
(2) outlines a strategy to increase the number
20
of air passengers eligible for expedited screening to
21
50 percent by the end of calendar year 2014, includ-
22
ing—
23
(A) specific benchmarks and performance
24
measures to increase participation in Pre-Check
25
by air carriers, airports, and passengers;
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617
1
(B) options to facilitate direct application
2
for enrollment in Pre-Check through the Trans-
3
portation Security Administration’s Web site,
4
airports, and other enrollment locations;
5
(C) use of third parties to pre-screen pas-
6
sengers for expedited screening;
7
(D) inclusion of populations already vetted
8
by the Transportation Security Administration
9
and other trusted populations as eligible for ex-
10
pedited screening; and
11
(E) resource implications of expedited pas-
12
senger screening resulting from the use of risk-
13
based security methods: Provided further, That
14
information provided under this subsection shall
15
be updated semiannually:
16 Provided further, That Members of the United States
17 House of Representatives and United States Senate, in18 cluding the leadership; the heads of Federal agencies and
19 commissions, including the Secretary, Deputy Secretary,
20 Under Secretaries, and Assistant Secretaries of the De21 partment of Homeland Security; the United States Attor22 ney General, Deputy Attorney General, Assistant Attor23 neys General, and the United States Attorneys; and senior
24 members of the Executive Office of the President, includ25 ing the Director of the Office of Management and Budget,
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618
1 shall not be exempt from Federal passenger and baggage
2 screening.
3
SURFACE TRANSPORTATION SECURITY
4
For necessary expenses of the Transportation Secu-
5 rity Administration related to surface transportation secu6 rity activities, $108,618,000, to remain available until
7 September 30, 2015.
8
TRANSPORTATION THREAT ASSESSMENT AND
9
CREDENTIALING
10
For necessary expenses for the development and im-
11 plementation of vetting and credentialing activities,
12 $176,489,000, to remain available until September 30,
13 2015.
14
TRANSPORTATION SECURITY SUPPORT
15
For necessary expenses of the Transportation Secu-
16 rity Administration related to transportation security sup17 port and intelligence pursuant to the Aviation and Trans18 portation Security Act (Public Law 107–71; 115 Stat.
19 597; 49 U.S.C. 40101 note), $962,061,000, to remain
20 available until September 30, 2015: Provided, That of the
21 funds appropriated under this heading, $20,000,000 may
22 not be obligated for ‘‘Headquarters Administration’’ until
23 the Administrator of the Transportation Security Admin24 istration submits to the Committees on Appropriations of
25 the Senate and the House of Representatives detailed ex-
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619
1 penditure plans for air cargo security, checkpoint support,
2 and explosives detection systems refurbishment, procure3 ment, and installations on an airport-by-airport basis for
4 fiscal year 2014: Provided further, That these plans shall
5 be submitted not later than 60 days after the date of en6 actment of this Act.
7
FEDERAL AIR MARSHALS
8
For necessary expenses of the Federal Air Marshal
9 Service, $818,607,000: Provided, That the Director of the
10 Federal Air Marshal Service shall submit to the Commit11 tees on Appropriations of the Senate and the House of
12 Representatives, not later than 45 days after the date of
13 enactment of this Act, a detailed, classified expenditure
14 and staffing plan for ensuring optimal coverage of high
15 risk flights.
16
COAST GUARD
17
OPERATING EXPENSES
18
For necessary expenses for the operation and mainte-
19 nance of the Coast Guard, not otherwise provided for; pur20 chase or lease of not to exceed 25 passenger motor vehi21 cles, which shall be for replacement only; purchase or lease
22 of small boats for contingent and emergent requirements
23 (at a unit cost of no more than $700,000) and repairs
24 and service-life replacements, not to exceed a total of
25 $31,000,000; purchase or lease of boats necessary for
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620
1 overseas deployments and activities; minor shore construc2 tion projects not exceeding $1,000,000 in total cost on any
3 location; payments pursuant to section 156 of Public Law
4 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre5 ation and welfare; $7,011,807,000; of which $567,000,000
6 shall
be
for
defense-related
activities,
of
which
7 $227,000,000 is designated by the Congress for Overseas
8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
10 and Emergency Deficit Control Act of 1985; of which
11 $24,500,000 shall be derived from the Oil Spill Liability
12 Trust Fund to carry out the purposes of section
13 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
14 2712(a)(5)); and of which not to exceed $15,300 shall be
15 for official reception and representation expenses: Pro16 vided, That none of the funds made available by this Act
17 shall be for expenses incurred for recreational vessels
18 under section 12114 of title 46, United States Code, ex19 cept to the extent fees are collected from owners of yachts
20 and credited to this appropriation: Provided further, That
21 of the funds provided under this heading, $75,000,000
22 shall be withheld from obligation for Coast Guard Head23 quarters Directorates until a future-years capital invest24 ment plan for fiscal years 2015 through 2019, as specified
25 under the heading ‘‘Coast Guard Acquisition, Construc-
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621
1 tion, and Improvements’’ of this Act is submitted to the
2 Committees on Appropriations of the Senate and the
3 House of Representatives: Provided further, That funds
4 made available under this heading for Overseas Contin5 gency Operations/Global War on Terrorism may be allo6 cated by program, project, and activity, notwithstanding
7 section 503 of this Act: Provided further, That without re8 gard to the limitation as to time and condition of section
9 503(d) of this Act, after June 30, an additional
10 $10,000,000 may be reprogrammed to or from Military
11 Pay and Allowances in accordance with subsections (a),
12 (b), and (c), of section 503.
13
ENVIRONMENTAL COMPLIANCE AND RESTORATION
14
For necessary expenses to carry out the environ-
15 mental compliance and restoration functions of the Coast
16 Guard under chapter 19 of title 14, United States Code,
17 $13,164,000, to remain available until September 30,
18 2018.
19
RESERVE TRAINING
20
For necessary expenses of the Coast Guard Reserve,
21 as authorized by law; operations and maintenance of the
22 Coast Guard reserve program; personnel and training
23 costs; and equipment and services; $120,000,000.
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622
1
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
2
For necessary expenses of acquisition, construction,
3 renovation, and improvement of aids to navigation, shore
4 facilities, vessels, and aircraft, including equipment related
5 thereto; and maintenance, rehabilitation, lease, and oper6 ation of facilities and equipment; as authorized by law;
7 $1,375,635,000; of which $20,000,000 shall be derived
8 from the Oil Spill Liability Trust Fund to carry out the
9 purposes of section 1012(a)(5) of the Oil Pollution Act
10 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol11 lowing amounts, to remain available until September 30,
12 2018 (except as subsequently specified), shall be available
13 as follows: $18,000,000 shall be available for military fam14 ily housing, of which not more than $349,996 shall be de15 rived from the Coast Guard Housing Fund established
16 pursuant to 14 U.S.C. 687; $999,000,000 shall be avail17 able to acquire, effect major repairs to, renovate, or im18 prove vessels, small boats, and related equipment;
19 $175,310,000 shall be available to acquire, effect major
20 repairs to, renovate, or improve aircraft or increase avia21 tion capability; $64,930,000 shall be available for other
22 acquisition programs; $5,000,000 shall be available for
23 shore facilities and aids to navigation, including facilities
24 at Department of Defense installations used by the Coast
25 Guard; and $113,395,000, to remain available until Sep-
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623
1 tember 30, 2014, shall be available for personnel com2 pensation and benefits and related costs: Provided, That
3 the funds provided by this Act shall be immediately avail4 able and allotted to contract for the production of the sev5 enth National Security Cutter notwithstanding the avail6 ability of funds for post-production costs: Provided further,
7 That the funds provided by this Act shall be immediately
8 available and allotted to contract for long lead time mate9 rials, components, and designs for the eighth National Se10 curity Cutter notwithstanding the availability of funds for
11 production costs or post-production costs: Provided fur12 ther, That the Commandant of the Coast Guard shall sub13 mit to the Committees on Appropriations of the Senate
14 and the House of Representatives, at the time the Presi15 dent’s budget proposal for fiscal year 2015 is submitted
16 pursuant to section 1105(a) of title 31, United States
17 Code, a future-years capital investment plan for the Coast
18 Guard that identifies for each requested capital asset—
19
(1) the proposed appropriations included in that
20
budget;
21
(2) the total estimated cost of completion, in-
22
cluding and clearly delineating the costs of associ-
23
ated major acquisition systems infrastructure and
24
transition to operations;
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624
1
(3) projected funding levels for each fiscal year
2
for the next 5 fiscal years or until acquisition pro-
3
gram baseline or project completion, whichever is
4
earlier;
5
(4) an estimated completion date at the pro-
6
jected funding levels; and
7
(5) a current acquisition program baseline for
8
each capital asset, as applicable, that—
9
(A) includes the total acquisition cost of
10
each asset, subdivided by fiscal year and includ-
11
ing a detailed description of the purpose of the
12
proposed funding levels for each fiscal year, in-
13
cluding for each fiscal year funds requested for
14
design, pre-acquisition activities, production,
15
structural modifications, missionization, post-
16
delivery, and transition to operations costs;
17
(B) includes a detailed project schedule
18
through completion, subdivided by fiscal year,
19
that details—
20
(i) quantities planned for each fiscal
21
year; and
22
(ii) major acquisition and project
23
events, including development of oper-
24
ational requirements, contracting actions,
25
design reviews, production, delivery, test
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625
1
and evaluation, and transition to oper-
2
ations, including necessary training, shore
3
infrastructure, and logistics;
4
(C) notes and explains any deviations in
5
cost, performance parameters, schedule, or esti-
6
mated date of completion from the original ac-
7
quisition program baseline and the most recent
8
baseline approved by the Department of Home-
9
land Security’s Acquisition Review Board, if ap-
10
plicable;
11
(D) aligns the acquisition of each asset to
12
mission requirements by defining existing capa-
13
bilities of comparable legacy assets, identifying
14
known capability gaps between such existing ca-
15
pabilities and stated mission requirements, and
16
explaining how the acquisition of each asset will
17
address such known capability gaps;
18
(E) defines life-cycle costs for each asset
19
and the date of the estimate on which such
20
costs are based, including all associated costs of
21
major acquisitions systems infrastructure and
22
transition to operations, delineated by purpose
23
and fiscal year for the projected service life of
24
the asset;
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626
1
(F) includes the earned value management
2
system summary schedule performance index
3
and cost performance index for each asset, if
4
applicable; and
5
(G) includes a phase-out and decommis-
6
sioning schedule delineated by fiscal year for
7
each existing legacy asset that each asset is in-
8
tended to replace or recapitalize:
9 Provided further, That the Commandant of the Coast
10 Guard shall ensure that amounts specified in the future11 years capital investment plan are consistent, to the max12 imum extent practicable, with proposed appropriations
13 necessary to support the programs, projects, and activities
14 of the Coast Guard in the President’s budget proposal for
15 fiscal year 2015, submitted pursuant to section 1105(a)
16 of title 31, United States Code: Provided further, That any
17 inconsistencies between the capital investment plan and
18 proposed appropriations shall be identified and justified:
19 Provided further, That subsections (a) and (b) of section
20 6402 of Public Law 110–28 shall apply with respect to
21 the amounts made available under this heading.
22
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
23
For necessary expenses for applied scientific re-
24 search, development, test, and evaluation; and for mainte25 nance, rehabilitation, lease, and operation of facilities and
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627
1 equipment; as authorized by law; $19,200,000 to remain
2 available until September 30, 2016, of which $500,000
3 shall be derived from the Oil Spill Liability Trust Fund
4 to carry out the purposes of section 1012(a)(5) of the Oil
5 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided,
6 That there may be credited to and used for the purposes
7 of this appropriation funds received from State and local
8 governments, other public authorities, private sources, and
9 foreign countries for expenses incurred for research, devel10 opment, testing, and evaluation.
11
RETIRED PAY
12
For retired pay, including the payment of obligations
13 otherwise chargeable to lapsed appropriations for this pur14 pose, payments under the Retired Serviceman’s Family
15 Protection and Survivor Benefits Plans, payment for ca16 reer status bonuses, concurrent receipts, and combat-re17 lated special compensation under the National Defense
18 Authorization Act, and payments for medical care of re19 tired personnel and their dependents under chapter 55 of
20 title 10, United States Code, $1,460,000,000, to remain
21 available until expended.
22
UNITED STATES SECRET SERVICE
23
SALARIES AND EXPENSES
24
For necessary expenses of the United States Secret
25 Service, including purchase of not to exceed 652 vehicles
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628
1 for police-type use for replacement only; hire of passenger
2 motor vehicles; purchase of motorcycles made in the
3 United States; hire of aircraft; services of expert witnesses
4 at such rates as may be determined by the Director of
5 the United States Secret Service; rental of buildings in
6 the District of Columbia, and fencing, lighting, guard
7 booths, and other facilities on private or other property
8 not in Government ownership or control, as may be nec9 essary to perform protective functions; payment of per
10 diem or subsistence allowances to employees in cases in
11 which a protective assignment on the actual day or days
12 of the visit of a protectee requires an employee to work
13 16 hours per day or to remain overnight at a post of duty;
14 conduct of and participation in firearms matches; presen15 tation of awards; travel of United States Secret Service
16 employees on protective missions without regard to the
17 limitations on such expenditures in this or any other Act
18 if approval is obtained in advance from the Committees
19 on Appropriations of the Senate and the House of Rep20 resentatives; research and development; grants to conduct
21 behavioral research in support of protective research and
22 operations; and payment in advance for commercial ac23 commodations as may be necessary to perform protective
24 functions; $1,533,497,000; of which not to exceed $19,125
25 shall be for official reception and representation expenses;
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629
1 of which not to exceed $100,000 shall be to provide tech2 nical assistance and equipment to foreign law enforcement
3 organizations in counterfeit investigations; of which
4 $2,366,000 shall be for forensic and related support of
5 investigations of missing and exploited children; of which
6 $6,000,000 shall be for a grant for activities related to
7 investigations of missing and exploited children and shall
8 remain available until September 30, 2015; and of which
9 not less than $7,500,000 shall be for activities related to
10 training in electronic crimes investigations and forensics:
11 Provided, That $18,000,000 for protective travel shall re12 main available until September 30, 2015: Provided further,
13 That $4,500,000 for National Special Security Events
14 shall remain available until September 30, 2015: Provided
15 further, That the United States Secret Service is author16 ized to obligate funds in anticipation of reimbursements
17 from Federal agencies and entities, as defined in section
18 105 of title 5, United States Code, for personnel receiving
19 training sponsored by the James J. Rowley Training Cen20 ter, except that total obligations at the end of the fiscal
21 year shall not exceed total budgetary resources available
22 under this heading at the end of the fiscal year: Provided
23 further, That none of the funds made available under this
24 heading shall be available to compensate any employee for
25 overtime in an annual amount in excess of $35,000, except
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630
1 that the Secretary of Homeland Security, or the designee
2 of the Secretary, may waive that amount as necessary for
3 national security purposes: Provided further, That none of
4 the funds made available to the United States Secret Serv5 ice by this Act or by previous appropriations Acts may
6 be made available for the protection of the head of a Fed7 eral agency other than the Secretary of Homeland Secu8 rity: Provided further, That the Director of the United
9 States Secret Service may enter into an agreement to pro10 vide such protection on a fully reimbursable basis: Pro11 vided further, That none of the funds made available to
12 the United States Secret Service by this Act or by previous
13 appropriations Acts may be obligated for the purpose of
14 opening a new permanent domestic or overseas office or
15 location unless the Committees on Appropriations of the
16 Senate and the House of Representatives are notified 15
17 days in advance of such obligation: Provided further, That
18 for purposes of section 503(b) of this Act, $15,000,000
19 or 10 percent, whichever is less, may be transferred be20 tween ‘‘Protection of Persons and Facilities’’ and ‘‘Domes21 tic Field Operations’’.
22
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
23
RELATED EXPENSES
24
For necessary expenses for acquisition, construction,
25 repair, alteration, and improvement of physical and tech-
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631
1 nological
infrastructure,
$51,775,000;
of
which
2 $5,380,000, to remain available until September 30, 2018,
3 shall be for acquisition, construction, improvement, and
4 maintenance of facilities; and of which $46,395,000, to re5 main available until September 30, 2016, shall be for in6 formation integration and technology transformation exe7 cution.
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632
1
TITLE III
2 PROTECTION, PREPAREDNESS, RESPONSE, AND
3
4
RECOVERY
NATIONAL PROTECTION
5
AND
PROGRAMS DIRECTORATE
MANAGEMENT AND ADMINISTRATION
6
For salaries and expenses of the Office of the Under
7 Secretary for the National Protection and Programs Di8 rectorate, support for operations, and information tech9 nology, $56,499,000: Provided, That not to exceed $3,825
10 shall be for official reception and representation expenses.
11
INFRASTRUCTURE PROTECTION AND INFORMATION
12
SECURITY
13
For necessary expenses for infrastructure protection
14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002
16 (6 U.S.C. 121 et seq.), $1,187,000,000, of which
17 $225,000,000 shall remain available until September 30,
18 2015.
19
FEDERAL PROTECTIVE SERVICE
20
The revenues and collections of security fees credited
21 to this account shall be available until expended for nec22 essary expenses related to the protection of federally
23 owned and leased buildings and for the operations of the
24 Federal Protective Service: Provided, That the Secretary
25 of Homeland Security and the Director of the Office of
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633
1 Management and Budget shall certify in writing to the
2 Committees on Appropriations of the Senate and the
3 House of Representatives, not later than February 14,
4 2014, that the operations of the Federal Protective Service
5 will be fully funded in fiscal year 2014 through revenues
6 and collection of security fees, including maintaining not
7 fewer than 1,371 full-time equivalent staff and 1,007 full8 time equivalent Police Officers, Inspectors, Area Com9 manders, and Special Agents who, while working, are di10 rectly engaged on a daily basis protecting and enforcing
11 laws at Federal buildings (referred to as ‘‘in-service field
12 staff’’): Provided further, That if revenues and fee collec13 tions are insufficient to maintain the staffing levels in the
14 previous proviso, the Secretary of Homeland Security shall
15 submit an expenditure plan delineating the available rev16 enue by staffing levels and critical infrastructure invest17 ments: Provided further, That in implementing the pre18 vious proviso, the Secretary shall ensure revenues are
19 dedicated to ensure not fewer than 1,300 full-time equiva20 lent staff: Provided further, That the Director of the Fed21 eral Protective Service shall submit at the time the Presi22 dent’s budget proposal for fiscal year 2015 is submitted
23 pursuant to section 1105(a) of title 31, United States
24 Code, a strategic human capital plan that aligns fee collec-
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634
1 tions to personnel requirements based on a current threat
2 assessment.
3
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
4
For necessary expenses for the Office of Biometric
5 Identity Management, as authorized by section 7208 of
6 the Intelligence Reform and Terrorism Prevention Act of
7 2004 (8 U.S.C. 1365b), $227,108,000: Provided, That of
8 the total amount made available under this heading,
9 $113,956,000 shall remain available until September 30,
10 2016.
11
OFFICE
12
OF
HEALTH AFFAIRS
For necessary expenses of the Office of Health Af-
13 fairs, $126,763,000; of which $25,667,000 is for salaries
14 and expenses and $85,277,000 is for BioWatch oper15 ations: Provided, That of the amount made available under
16 this heading, $15,819,000 shall remain available until
17 September 30, 2015, for biosurveillance, chemical defense,
18 medical and health planning and coordination, and work19 force health protection: Provided further, That not to ex20 ceed $2,250 shall be for official reception and representa21 tion expenses.
22
FEDERAL EMERGENCY MANAGEMENT AGENCY
23
SALARIES AND EXPENSES
24
For necessary expenses of the Federal Emergency
25 Management Agency, $946,982,000, including activities
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635
1 authorized by the National Flood Insurance Act of 1968
2 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
3 Relief and Emergency Assistance Act (42 U.S.C. 5121 et
4 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi5 sion C, title I, 114 Stat. 583), the Earthquake Hazards
6 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De7 fense Production Act of 1950 (50 U.S.C. App. 2061 et
8 seq.), sections 107 and 303 of the National Security Act
9 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No.
10 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro11 gram Act (33 U.S.C. 467 et seq.), the Homeland Security
12 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec13 ommendations of the 9/11 Commission Act of 2007 (Pub14 lic Law 110–53), the Federal Fire Prevention and Control
15 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina
16 Emergency Management Reform Act of 2006 (Public Law
17 109–295; 120 Stat. 1394), and the Biggert-Waters Flood
18 Insurance Reform Act of 2012 (Public Law 112–141, 126
19 Stat. 916): Provided, That not to exceed $2,250 shall be
20 for official reception and representation expenses: Pro21 vided further, That of the total amount made available
22 under this heading, $35,180,000 shall be for the Urban
23 Search and Rescue Response System, of which none is
24 available for Federal Emergency Management Agency ad25 ministrative costs: Provided further, That of the total
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636
1 amount made available under this heading, $29,000,000
2 shall remain available until September 30, 2015, for cap3 ital improvements and other expenses related to continuity
4 of operations at the Mount Weather Emergency Oper5 ations Center: Provided further, That of the total amount
6 made available, $3,400,000 shall be for the Office of Na7 tional Capital Region Coordination: Provided further, That
8 of the total amount made available under this heading,
9 not less than $4,000,000 shall remain available until Sep10 tember 30, 2015, for expenses related to modernization
11 of automated systems: Provided further, That the Admin12 istrator of the Federal Emergency Management Agency,
13 in consultation with the Department of Homeland Secu14 rity Chief Information Officer, shall submit to the Com15 mittees on Appropriations of the Senate and the House
16 of Representatives an expenditure plan including results
17 to date, plans for the program, and a list of projects with
18 associated funding provided from prior appropriations and
19 provided by this Act for modernization of automated sys20 tems.
21
STATE AND LOCAL PROGRAMS
22
For grants, contracts, cooperative agreements, and
23 other activities, $1,500,000,000, which shall be allocated
24 as follows:
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637
1
(1) $466,346,000 shall be for the State Home-
2
land Security Grant Program under section 2004 of
3
the Homeland Security Act of 2002 (6 U.S.C. 605),
4
of which not less than $55,000,000 shall be for Op-
5
eration
6
standing subsection (c)(4) of such section 2004, for
7
fiscal year 2014, the Commonwealth of Puerto Rico
8
shall make available to local and tribal governments
9
amounts provided to the Commonwealth of Puerto
10
Rico under this paragraph in accordance with sub-
11
section (c)(1) of such section 2004.
Stonegarden:
Provided,
That
notwith-
12
(2) $600,000,000 shall be for the Urban Area
13
Security Initiative under section 2003 of the Home-
14
land Security Act of 2002 (6 U.S.C. 604), of which
15
not less than $13,000,000 shall be for organizations
16
(as described under section 501(c)(3) of the Internal
17
Revenue Code of 1986 and exempt from tax section
18
501(a) of such code) determined by the Secretary of
19
Homeland Security to be at high risk of a terrorist
20
attack.
21
(3) $100,000,000 shall be for Public Transpor-
22
tation Security Assistance, Railroad Security Assist-
23
ance, and Over-the-Road Bus Security Assistance
24
under sections 1406, 1513, and 1532 of the Imple-
25
menting Recommendations of the 9/11 Commission
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638
1
Act of 2007 (Public Law 110–53; 6 U.S.C. 1135,
2
1163,
3
$10,000,000 shall be for Amtrak security: Provided,
4
That such public transportation security assistance
5
shall be provided directly to public transportation
6
agencies.
7
and
1182),
of
which
not
less
than
(4) $100,000,000 shall be for Port Security
8
Grants in accordance with 46 U.S.C. 70107.
9
(5) $233,654,000 shall be to sustain current
10
operations for training, exercises, technical assist-
11
ance, and other programs, of which $162,991,000
12
shall be for training of State, local, and tribal emer-
13
gency response providers:
14 Provided, That for grants under paragraphs (1) through
15 (4), applications for grants shall be made available to eligi16 ble applicants not later than 60 days after the date of en17 actment of this Act, that eligible applicants shall submit
18 applications not later than 80 days after the grant an19 nouncement, and the Administrator of the Federal Emer20 gency Management Agency shall act within 65 days after
21 the receipt of an application: Provided further, That not22 withstanding section 2008(a)(11) of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro24 vision of law, a grantee may not use more than 5 percent
25 of the amount of a grant made available under this head-
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639
1 ing for expenses directly related to administration of the
2 grant: Provided further, That for grants under paragraphs
3 (1) and (2), the installation of communications towers is
4 not considered construction of a building or other physical
5 facility: Provided further, That grantees shall provide re6 ports on their use of funds, as determined necessary by
7 the Secretary of Homeland Security: Provided further,
8 That notwithstanding section 509 of this Act the Adminis9 trator of the Federal Emergency Management Agency
10 may use the funds provided in paragraph (5) to acquire
11 real property for the purpose of establishing or appro12 priately extending the security buffer zones around Fed13 eral Emergency Management Agency training facilities.
14
FIREFIGHTER ASSISTANCE GRANTS
15
For grants for programs authorized by the Federal
16 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
17 et seq.), $680,000,000, to remain available until Sep18 tember 30, 2015, of which $340,000,000 shall be available
19 to carry out section 33 of that Act (15 U.S.C. 2229) and
20 $340,000,000 shall be available to carry out section 34
21 of that Act (15 U.S.C. 2229a).
22
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
23
For emergency management performance grants, as
24 authorized by the National Flood Insurance Act of 1968
25 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
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640
1 Relief and Emergency Assistance Act (42 U.S.C. 5121 et
2 seq.), the Earthquake Hazards Reduction Act of 1977 (42
3 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of
4 1978 (5 U.S.C. App.), $350,000,000.
5
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
6
The aggregate charges assessed during fiscal year
7 2014, as authorized in title III of the Departments of Vet8 erans Affairs and Housing and Urban Development, and
9 Independent Agencies Appropriations Act, 1999 (42
10 U.S.C. 5196e), shall not be less than 100 percent of the
11 amounts anticipated by the Department of Homeland Se12 curity necessary for its radiological emergency prepared13 ness program for the next fiscal year: Provided, That the
14 methodology for assessment and collection of fees shall be
15 fair and equitable and shall reflect costs of providing such
16 services, including administrative costs of collecting such
17 fees: Provided further, That fees received under this head18 ing shall be deposited in this account as offsetting collec19 tions and will become available for authorized purposes on
20 October 1, 2014, and remain available until September 30,
21 2016.
22
UNITED STATES FIRE ADMINISTRATION
23
For necessary expenses of the United States Fire Ad-
24 ministration and for other purposes, as authorized by the
25 Federal Fire Prevention and Control Act of 1974 (15
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641
1 U.S.C. 2201 et seq.) and the Homeland Security Act of
2 2002 (6 U.S.C. 101 et seq.), $44,000,000.
3
DISASTER RELIEF FUND
4
(INCLUDING TRANSFER OF FUNDS)
5
For necessary expenses in carrying out the Robert
6 T. Stafford Disaster Relief and Emergency Assistance Act
7 (42 U.S.C. 5121 et seq.), $6,220,908,000, to remain avail8 able until expended, of which $24,000,000 shall be trans9 ferred to the Department of Homeland Security Office of
10 Inspector General for audits and investigations related to
11 disasters: Provided, That the Administrator of the Federal
12 Emergency Management Agency shall submit an expendi13 ture plan to the Committees on Appropriations of the Sen14 ate and the House of Representatives detailing the use of
15 the funds made available in this or any other Act for dis16 aster readiness and support not later than 60 days after
17 the date of enactment of this Act: Provided further, That
18 the Administrator of the Federal Emergency Management
19 Agency shall submit to such Committees a quarterly re20 port detailing obligations against the expenditure plan and
21 a justification for any changes from the initial plan: Pro22 vided further, That the Administrator of the Federal
23 Emergency Management Agency shall submit to the Com24 mittees on Appropriations of the Senate and the House
25 of Representatives the following reports, including a spe-
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642
1 cific description of the methodology and the source data
2 used in developing such reports:
3
(1) an estimate of the following amounts shall
4
be submitted for the budget year at the time that
5
the President’s budget proposal for fiscal year 2015
6
is submitted pursuant to section 1105(a) of title 31,
7
United States Code:
8
(A) the unobligated balance of funds to be
9
carried over from the prior fiscal year to the
10
budget year;
11
(B) the unobligated balance of funds to be
12
carried over from the budget year to the budget
13
year plus 1;
14
(C) the amount of obligations for non-cata-
15
strophic events for the budget year;
16
(D) the amount of obligations for the
17
budget year for catastrophic events delineated
18
by event and by State;
19
(E) the total amount that has been pre-
20
viously obligated or will be required for cata-
21
strophic events delineated by event and by State
22
for all prior years, the current year, the budget
23
year, the budget year plus 1, the budget year
24
plus 2, and the budget year plus 3 and beyond;
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643
1
(F) the amount of previously obligated
2
funds that will be recovered for the budget
3
year;
4
(G) the amount that will be required for
5
obligations for emergencies, as described in sec-
6
tion 102(1) of the Robert T. Stafford Disaster
7
Relief and Emergency Assistance Act (42
8
U.S.C. 5122(1)), major disasters, as described
9
in section 102(2) of the Robert T. Stafford Dis-
10
aster Relief and Emergency Assistance Act (42
11
U.S.C. 5122(2)), fire management assistance
12
grants, as described in section 420 of the Rob-
13
ert T. Stafford Disaster Relief and Emergency
14
Assistance Act (42 U.S.C. 5187), surge activi-
15
ties, and disaster readiness and support activi-
16
ties;
17
(H) the amount required for activities not
18
covered under section 251(b)(2)(D)(iii) of the
19
Balanced Budget and Emergency Deficit Con-
20
trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii);
21
Public Law 99–177);
22
(2) an estimate or actual amounts, if available,
23
of the following for the current fiscal year shall be
24
submitted not later than the fifth day of each
25
month, and shall be published by the Administrator
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644
1
on the Agency’s Web site not later than the fifth day
2
of each month:
3
(A) a summary of the amount of appro-
4
priations made available by source, the trans-
5
fers executed, the previously allocated funds re-
6
covered, and the commitments, allocations, and
7
obligations made;
8
(B) a table of disaster relief activity delin-
9
eated by month, including—
10
(i) the beginning and ending balances;
11
(ii) the total obligations to include
12
amounts obligated for fire assistance,
13
emergencies, surge, and disaster support
14
activities;
15
(iii) the obligations for catastrophic
16
events delineated by event and by State;
17
and
18
(iv) the amount of previously obli-
19
gated funds that are recovered;
20
(C) a summary of allocations, obligations,
21
and expenditures for catastrophic events delin-
22
eated by event;
23
(D) in addition, for a disaster declaration
24
related to Hurricane Sandy, the cost of the fol-
25
lowing categories of spending: public assistance,
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645
1
individual assistance, mitigation, administrative,
2
operations, and any other relevant category (in-
3
cluding emergency measures and disaster re-
4
sources); and
5
(E) the date on which funds appropriated
6
will be exhausted:
7 Provided further, That the Administrator shall publish on
8 the Agency’s Web site not later than 5 days after an
9 award of a public assistance grant under section 406 of
10 the Robert T. Stafford Disaster Relief and Emergency As11 sistance Act (42 U.S.C. 5172) the specifics of the grant
12 award: Provided further, That for any mission assignment
13 or mission assignment task order to another Federal de14 partment or agency regarding a major disaster, not later
15 than 5 days after the issuance of the mission assignment
16 or task order, the Administrator shall publish on the
17 Agency’s Web site the following: the name of the impacted
18 State and the disaster declaration for such State, the as19 signed agency, the assistance requested, a description of
20 the disaster, the total cost estimate, and the amount obli21 gated: Provided further, That not later than 10 days after
22 the last day of each month until the mission assignment
23 or task order is completed and closed out, the Adminis24 trator shall update any changes to the total cost estimate
25 and the amount obligated: Provided further, That of the
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646
1 amount provided under this heading, $5,626,386,000 shall
2 be for major disasters declared pursuant to the Robert T.
3 Stafford Disaster Relief and Emergency Assistance Act
4 (42 U.S.C. 5121 et seq.): Provided further, That the
5 amount in the preceding proviso is designated by the Con6 gress as being for disaster relief pursuant to section
7 251(b)(2)(D) of the Balanced Budget and Emergency
8 Deficit Control Act of 1985.
9
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM
10
For necessary expenses, including administrative
11 costs, under section 1360 of the National Flood Insurance
12 Act of 1968 (42 U.S.C. 4101), and under sections
13 100215, 100216, 100226, 100230, and 100246 of the
14 Biggert-Waters Flood Insurance Reform Act of 2012,
15 (Public Law 112–141, 126 Stat. 916), $95,202,000, and
16 such additional sums as may be provided by State and
17 local governments or other political subdivisions for cost18 shared mapping activities under section 1360(f)(2) of such
19 Act (42 U.S.C. 4101(f)(2)), to remain available until ex20 pended.
21
NATIONAL FLOOD INSURANCE FUND
22
For activities under the National Flood Insurance
23 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
24 Protection Act of 1973 (42 U.S.C. 4001 et seq.), and the
25 Biggert-Waters Flood Insurance Reform Act of 2012
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647
1 (Public Law 112–141, 126 Stat. 916), $176,300,000,
2 which shall be derived from offsetting amounts collected
3 under section 1308(d) of the National Flood Insurance
4 Act of 1968 (42 U.S.C. 4015(d)); of which not to exceed
5 $22,000,000 shall be available for salaries and expenses
6 associated with flood mitigation and flood insurance oper7 ations; and not less than $154,300,000 shall be available
8 for flood plain management and flood mapping, to remain
9 available until September 30, 2015: Provided, That any
10 additional fees collected pursuant to section 1308(d) of the
11 National Flood Insurance Act of 1968 (42 U.S.C.
12 4015(d)) shall be credited as an offsetting collection to
13 this account, to be available for flood plain management
14 and flood mapping: Provided further, That in fiscal year
15 2014, no funds shall be available from the National Flood
16 Insurance Fund under section 1310 of that Act (42
17 U.S.C. 4017) in excess of:
18
(1) $132,000,000 for operating expenses;
19
(2) $1,152,000,000 for commissions and taxes
20
of agents;
21
(3) such sums as are necessary for interest on
22
Treasury borrowings; and
23
(4) $100,000,000, which shall remain available
24
until expended, for flood mitigation actions under
25
section 1366 of the National Flood Insurance Act of
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648
1
1968 (42 U.S.C. 4104c): Provided further, That the
2
amounts collected under section 102 of the Flood
3
Disaster Protection Act of 1973 (42 U.S.C. 4012a)
4
and section 1366(e) of the National Flood Insurance
5
Act of 1968 shall be deposited in the National Flood
6
Insurance Fund to supplement other amounts speci-
7
fied as available for section 1366 of the National
8
Flood Insurance Act of 1968, notwithstanding sub-
9
section (f)(8) of such section 102 (42 U.S.C.
10
4012a(f)(8)) and subsection 1366(e) and paragraphs
11
(2) and (3) of section 1367(b) of the National Flood
12
Insurance Act of 1968 (42 U.S.C. 4104c(e),
13
4104d(b)(2)–(3)): Provided further, That total ad-
14
ministrative costs shall not exceed 4 percent of the
15
total appropriation.
16
NATIONAL PREDISASTER MITIGATION FUND
17
For the predisaster mitigation grant program under
18 section 203 of the Robert T. Stafford Disaster Relief and
19 Emergency
Assistance
Act
(42
U.S.C.
5133),
20 $25,000,000, to remain available until expended.
21
EMERGENCY FOOD AND SHELTER
22
To carry out the emergency food and shelter program
23 pursuant to title III of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to
25 remain available until expended: Provided, That total ad-
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649
1 ministrative costs shall not exceed 3.5 percent of the total
2 amount made available under this heading.
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650
1
TITLE IV
2
RESEARCH, DEVELOPMENT, TRAINING, AND
3
SERVICES
4
UNITED STATES CITIZENSHIP
5
SERVICES
6
AND IMMIGRATION
For necessary expenses for citizenship and immigra-
7 tion services, $113,889,000 for the E-Verify Program, as
8 described in section 403(a) of the Illegal Immigration Re9 form and Immigrant Responsibility Act of 1996 (8 U.S.C.
10 1324a note), to assist United States employers with main11 taining a legal workforce: Provided, That notwithstanding
12 any other provision of law, funds otherwise made available
13 to United States Citizenship and Immigration Services
14 may be used to acquire, operate, equip, and dispose of up
15 to 5 vehicles, for replacement only, for areas where the
16 Administrator of General Services does not provide vehi17 cles for lease: Provided further, That the Director of
18 United States Citizenship and Immigration Services may
19 authorize employees who are assigned to those areas to
20 use such vehicles to travel between the employees’ resi21 dences and places of employment.
22
FEDERAL LAW ENFORCEMENT TRAINING CENTER
23
SALARIES AND EXPENSES
24
For necessary expenses of the Federal Law Enforce-
25 ment Training Center, including materials and support
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651
1 costs of Federal law enforcement basic training; the pur2 chase of not to exceed 117 vehicles for police-type use and
3 hire of passenger motor vehicles; expenses for student ath4 letic and related activities; the conduct of and participa5 tion in firearms matches and presentation of awards; pub6 lic awareness and enhancement of community support of
7 law enforcement training; room and board for student in8 terns; a flat monthly reimbursement to employees author9 ized to use personal mobile phones for official duties; and
10 services as authorized by section 3109 of title 5, United
11 States Code; $227,845,000; of which up to $44,635,000
12 shall remain available until September 30, 2015, for mate13 rials and support costs of Federal law enforcement basic
14 training; of which $300,000 shall remain available until
15 expended to be distributed to Federal law enforcement
16 agencies for expenses incurred participating in training ac17 creditation; and of which not to exceed $9,180 shall be
18 for official reception and representation expenses: Pro19 vided, That the Center is authorized to obligate funds in
20 anticipation of reimbursements from agencies receiving
21 training sponsored by the Center, except that total obliga22 tions at the end of the fiscal year shall not exceed total
23 budgetary resources available at the end of the fiscal year:
24 Provided further, That section 1202(a) of Public Law
25 107–206 (42 U.S.C. 3771 note), as amended under this
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652
1 heading in division D of Public Law 113–6, is further
2 amended by striking ‘‘December 31, 2015’’ and inserting
3 ‘‘December 31, 2016’’: Provided further, That the Director
4 of the Federal Law Enforcement Training Center shall
5 schedule basic or advanced law enforcement training, or
6 both, at all four training facilities under the control of the
7 Federal Law Enforcement Training Center to ensure that
8 such training facilities are operated at the highest capacity
9 throughout the fiscal year: Provided further, That the Fed10 eral Law Enforcement Training Accreditation Board, in11 cluding representatives from the Federal law enforcement
12 community and non-Federal accreditation experts involved
13 in law enforcement training, shall lead the Federal law
14 enforcement training accreditation process to continue the
15 implementation of measuring and assessing the quality
16 and effectiveness of Federal law enforcement training pro17 grams, facilities, and instructors.
18
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND
19
RELATED EXPENSES
20
For acquisition of necessary additional real property
21 and facilities, construction, and ongoing maintenance, fa22 cility improvements, and related expenses of the Federal
23 Law Enforcement Training Center, $30,885,000, to re24 main available until September 30, 2018: Provided, That
25 the Center is authorized to accept reimbursement to this
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653
1 appropriation from government agencies requesting the
2 construction of special use facilities.
3
SCIENCE
4
AND
TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
5
For salaries and expenses of the Office of the Under
6 Secretary for Science and Technology and for manage7 ment and administration of programs and activities, as
8 authorized by title III of the Homeland Security Act of
9 2002 (6 U.S.C. 181 et seq.), $129,000,000: Provided,
10 That not to exceed $7,650 shall be for official reception
11 and representation expenses.
12
RESEARCH, DEVELOPMENT, ACQUISITION, AND
13
OPERATIONS
14
For necessary expenses for science and technology re-
15 search, including advanced research projects, development,
16 test and evaluation, acquisition, and operations as author17 ized by title III of the Homeland Security Act of 2002
18 (6 U.S.C. 181 et seq.), and the purchase or lease of not
19 to
exceed
5
vehicles,
$1,091,212,000;
of
which
20 $543,427,000 shall remain available until September 30,
21 2016; and of which $547,785,000 shall remain available
22 until September 30, 2018, solely for operation and con23 struction of laboratory facilities: Provided, That of the
24 funds provided for the operation and construction of lab25 oratory facilities under this heading, $404,000,000 shall
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654
1 be for construction of the National Bio- and Agro-defense
2 Facility.
3
DOMESTIC NUCLEAR DETECTION OFFICE
4
MANAGEMENT AND ADMINISTRATION
5
For salaries and expenses of the Domestic Nuclear
6 Detection Office, as authorized by title XIX of the Home7 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man8 agement and administration of programs and activities,
9 $37,353,000: Provided, That not to exceed $2,250 shall
10 be for official reception and representation expenses: Pro11 vided further, That not later than 120 days after the date
12 of enactment of this Act, the Secretary of Homeland Secu13 rity shall submit to the Committees on Appropriations of
14 the Senate and the House of Representatives a strategic
15 plan of investments necessary to implement the Depart16 ment of Homeland Security’s responsibilities under the do17 mestic component of the global nuclear detection architec18 ture that shall:
19
(1) define the role and responsibilities of each
20
Departmental component in support of the domestic
21
detection architecture, including any existing or
22
planned programs to pre-screen cargo or convey-
23
ances overseas;
24
(2) identify and describe the specific invest-
25
ments being made by each Departmental component
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655
1
in fiscal year 2014 and planned for fiscal year 2015
2
to support the domestic architecture and the secu-
3
rity of sea, land, and air pathways into the United
4
States;
5
(3) describe the investments necessary to close
6
known vulnerabilities and gaps, including associated
7
costs and timeframes, and estimates of feasibility
8
and cost effectiveness; and
9
(4) explain how the Department’s research and
10
development funding is furthering the implementa-
11
tion of the domestic nuclear detection architecture,
12
including specific investments planned for each of
13
fiscal years 2014 and 2015.
14
RESEARCH, DEVELOPMENT, AND OPERATIONS
15
For necessary expenses for radiological and nuclear
16 research, development, testing, evaluation, and operations,
17 $205,302,000, to remain available until September 30,
18 2016.
19
SYSTEMS ACQUISITION
20
For expenses for the Domestic Nuclear Detection Of-
21 fice acquisition and deployment of radiological detection
22 systems in accordance with the global nuclear detection
23 architecture, $42,600,000, to remain available until Sep24 tember 30, 2016.
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656
1
TITLE V
2
GENERAL PROVISIONS
3
(INCLUDING RESCISSIONS OF FUNDS)
4
SEC. 501. No part of any appropriation contained in
5 this Act shall remain available for obligation beyond the
6 current fiscal year unless expressly so provided herein.
7
SEC. 502. Subject to the requirements of section 503
8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred
10 to appropriation accounts for such activities established
11 pursuant to this Act, may be merged with funds in the
12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted.
15
SEC. 503. (a) None of the funds provided by this Act,
16 provided by previous appropriations Acts to the agencies
17 in or transferred to the Department of Homeland Security
18 that remain available for obligation or expenditure in fiscal
19 year 2014, or provided from any accounts in the Treasury
20 of the United States derived by the collection of fees avail21 able to the agencies funded by this Act, shall be available
22 for obligation or expenditure through a reprogramming of
23 funds that:
24
(1) creates a new program, project, or activity;
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657
1
(2) eliminates a program, project, office, or ac-
2
tivity;
3
(3) increases funds for any program, project, or
4
activity for which funds have been denied or re-
5
stricted by the Congress;
6
(4) proposes to use funds directed for a specific
7
activity by either of the Committees on Appropria-
8
tions of the Senate or the House of Representatives
9
for a different purpose; or
10
(5) contracts out any function or activity for
11
which funding levels were requested for Federal full-
12
time equivalents in the object classification tables
13
contained in the fiscal year 2014 Budget Appendix
14
for the Department of Homeland Security, as modi-
15
fied by the report accompanying this Act, unless the
16
Committees on Appropriations of the Senate and the
17
House of Representatives are notified 15 days in ad-
18
vance of such reprogramming of funds.
19
(b) None of the funds provided by this Act, provided
20 by previous appropriations Acts to the agencies in or
21 transferred to the Department of Homeland Security that
22 remain available for obligation or expenditure in fiscal
23 year 2014, or provided from any accounts in the Treasury
24 of the United States derived by the collection of fees or
25 proceeds available to the agencies funded by this Act, shall
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658
1 be available for obligation or expenditure for programs,
2 projects, or activities through a reprogramming of funds
3 in excess of $5,000,000 or 10 percent, whichever is less,
4 that:
5
(1) augments existing programs, projects, or ac-
6
tivities;
7
(2) reduces by 10 percent funding for any exist-
8
ing program, project, or activity;
9
(3) reduces by 10 percent the numbers of per-
10
sonnel approved by the Congress; or
11
(4) results from any general savings from a re-
12
duction in personnel that would result in a change
13
in existing programs, projects, or activities as ap-
14
proved by the Congress, unless the Committees on
15
Appropriations of the Senate and the House of Rep-
16
resentatives are notified 15 days in advance of such
17
reprogramming of funds.
18
(c) Not to exceed 5 percent of any appropriation
19 made available for the current fiscal year for the Depart20 ment of Homeland Security by this Act or provided by
21 previous appropriations Acts may be transferred between
22 such appropriations, but no such appropriation, except as
23 otherwise specifically provided, shall be increased by more
24 than 10 percent by such transfers: Provided, That any
25 transfer under this section shall be treated as a re-
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659
1 programming of funds under subsection (b) and shall not
2 be available for obligation unless the Committees on Ap3 propriations of the Senate and the House of Representa4 tives are notified 15 days in advance of such transfer.
5
(d) Notwithstanding subsections (a), (b), and (c) of
6 this section, no funds shall be reprogrammed within or
7 transferred between appropriations based upon an initial
8 notification provided after June 30, except in extraor9 dinary circumstances that imminently threaten the safety
10 of human life or the protection of property.
11
(e) The notification thresholds and procedures set
12 forth in this section shall apply to any use of deobligated
13 balances of funds provided in previous Department of
14 Homeland Security Appropriations Acts.
15
SEC. 504. The Department of Homeland Security
16 Working Capital Fund, established pursuant to section
17 403 of Public Law 103–356 (31 U.S.C. 501 note), shall
18 continue operations as a permanent working capital fund
19 for fiscal year 2014: Provided, That none of the funds ap20 propriated or otherwise made available to the Department
21 of Homeland Security may be used to make payments to
22 the Working Capital Fund, except for the activities and
23 amounts allowed in the President’s fiscal year 2014 budg24 et: Provided further, That funds provided to the Working
25 Capital Fund shall be available for obligation until ex-
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660
1 pended to carry out the purposes of the Working Capital
2 Fund: Provided further, That all departmental components
3 shall be charged only for direct usage of each Working
4 Capital Fund service: Provided further, That funds pro5 vided to the Working Capital Fund shall be used only for
6 purposes consistent with the contributing component: Pro7 vided further, That the Working Capital Fund shall be
8 paid in advance or reimbursed at rates which will return
9 the full cost of each service: Provided further, That the
10 Committees on Appropriations of the Senate and House
11 of Representatives shall be notified of any activity added
12 to or removed from the fund: Provided further, That the
13 Chief Financial Officer of the Department of Homeland
14 Security shall submit a quarterly execution report with ac15 tivity level detail, not later than 30 days after the end of
16 each quarter.
17
SEC. 505. Except as otherwise specifically provided
18 by law, not to exceed 50 percent of unobligated balances
19 remaining available at the end of fiscal year 2014, as re20 corded in the financial records at the time of a reprogram21 ming request, but not later than June 30, 2015, from ap22 propriations for salaries and expenses for fiscal year 2014
23 in this Act shall remain available through September 30,
24 2015, in the account and for the purposes for which the
25 appropriations were provided: Provided, That prior to the
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661
1 obligation of such funds, a request shall be submitted to
2 the Committees on Appropriations of the Senate and the
3 House of Representatives for approval in accordance with
4 section 503 of this Act.
5
SEC. 506. Funds made available by this Act for intel-
6 ligence activities are deemed to be specifically authorized
7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
9 year 2014 until the enactment of an Act authorizing intel10 ligence activities for fiscal year 2014.
11
SEC. 507. (a) Except as provided in subsections (b)
12 and (c), none of the funds made available by this Act may
13 be used to—
14
(1) make or award a grant allocation, grant,
15
contract, other transaction agreement, or task or de-
16
livery order on a Department of Homeland Security
17
multiple award contract, or to issue a letter of intent
18
totaling in excess of $1,000,000;
19
(2) award a task or delivery order requiring an
20
obligation of funds in an amount greater than
21
$10,000,000 from multi-year Department of Home-
22
land Security funds or a task or delivery order that
23
would cause cumulative obligations of multi-year
24
funds in a single account to exceed 50 percent of the
25
total amount appropriated;
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662
1
(3) make a sole-source grant award; or
2
(4) announce publicly the intention to make or
3
award items under paragraph (1), (2), or (3) includ-
4
ing a contract covered by the Federal Acquisition
5
Regulation.
6
(b) The Secretary of Homeland Security may waive
7 the prohibition under subsection (a) if the Secretary noti8 fies the Committees on Appropriations of the Senate and
9 the House of Representatives at least 3 full business days
10 in advance of making an award or issuing a letter as de11 scribed in that subsection.
12
(c) If the Secretary of Homeland Security determines
13 that compliance with this section would pose a substantial
14 risk to human life, health, or safety, an award may be
15 made without notification, and the Secretary shall notify
16 the Committees on Appropriations of the Senate and the
17 House of Representatives not later than 5 full business
18 days after such an award is made or letter issued.
19
(d) A notification under this section—
20
(1) may not involve funds that are not available
21
for obligation; and
22
(2) shall include the amount of the award; the
23
fiscal year for which the funds for the award were
24
appropriated; the type of contract; and the account
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663
1
and each program, project, and activity from which
2
the funds are being drawn.
3
(e) The Administrator of the Federal Emergency
4 Management Agency shall brief the Committees on Appro5 priations of the Senate and the House of Representatives
6 5 full business days in advance of announcing publicly the
7 intention of making an award under ‘‘State and Local
8 Programs’’.
9
SEC. 508. Notwithstanding any other provision of
10 law, no agency shall purchase, construct, or lease any ad11 ditional facilities, except within or contiguous to existing
12 locations, to be used for the purpose of conducting Federal
13 law enforcement training without the advance approval of
14 the Committees on Appropriations of the Senate and the
15 House of Representatives, except that the Federal Law
16 Enforcement Training Center is authorized to obtain the
17 temporary use of additional facilities by lease, contract,
18 or other agreement for training that cannot be accommo19 dated in existing Center facilities.
20
SEC. 509. None of the funds appropriated or other-
21 wise made available by this Act may be used for expenses
22 for any construction, repair, alteration, or acquisition
23 project for which a prospectus otherwise required under
24 chapter 33 of title 40, United States Code, has not been
25 approved, except that necessary funds may be expended
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664
1 for each project for required expenses for the development
2 of a proposed prospectus.
3
SEC. 510. (a) Sections 520, 522, and 530 of the De-
4 partment of Homeland Security Appropriations Act, 2008
5 (division E of Public Law 110–161; 121 Stat. 2073 and
6 2074) shall apply with respect to funds made available in
7 this Act in the same manner as such sections applied to
8 funds made available in that Act.
9
(b) The third proviso of section 537 of the Depart-
10 ment of Homeland Security Appropriations Act, 2006 (6
11 U.S.C. 114), shall not apply with respect to funds made
12 available in this Act.
13
SEC. 511. None of the funds made available in this
14 Act may be used in contravention of the applicable provi15 sions of the Buy American Act. For purposes of the pre16 ceding sentence, the term ‘‘Buy American Act’’ means
17 chapter 83 of title 41, United States Code.
18
SEC. 512. None of the funds made available in this
19 Act may be used by any person other than the Privacy
20 Officer appointed under subsection (a) of section 222 of
21 the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to
22 alter, direct that changes be made to, delay, or prohibit
23 the transmission to Congress of any report prepared under
24 paragraph (6) of such subsection.
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665
1
SEC. 513. None of the funds made available in this
2 Act may be used to amend the oath of allegiance required
3 by section 337 of the Immigration and Nationality Act
4 (8 U.S.C. 1448).
5
SEC. 514. Within 30 days after the end of each
6 month, the Chief Financial Officer of the Department of
7 Homeland Security shall submit to the Committees on Ap8 propriations of the Senate and the House of Representa9 tives a monthly budget and staffing report for that month
10 that includes total obligations, on-board versus funded
11 full-time equivalent staffing levels, and the number of con12 tract employees for each office of the Department.
13
SEC. 515. Except as provided in section 44945 of title
14 49, United States Code, funds appropriated or transferred
15 to Transportation Security Administration ‘‘Aviation Se16 curity’’, ‘‘Administration’’, and ‘‘Transportation Security
17 Support’’ for fiscal years 2004 and 2005 that are recov18 ered or deobligated shall be available only for the procure19 ment or installation of explosives detection systems, air
20 cargo, baggage, and checkpoint screening systems, subject
21 to notification: Provided, That quarterly reports shall be
22 submitted to the Committees on Appropriations of the
23 Senate and the House of Representatives on any funds
24 that are recovered or deobligated.
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666
1
SEC. 516. None of the funds appropriated by this Act
2 may be used to process or approve a competition under
3 Office of Management and Budget Circular A–76 for serv4 ices provided by employees (including employees serving
5 on a temporary or term basis) of United States Citizen6 ship and Immigration Services of the Department of
7 Homeland Security who are known as Immigration Infor8 mation Officers, Contact Representatives, Investigative
9 Assistants, or Immigration Services Officers.
10
SEC. 517. Any funds appropriated to ‘‘Coast Guard
11 Acquisition, Construction, and Improvements’’ for fiscal
12 years 2002, 2003, 2004, 2005, and 2006 for the 110–
13 123 foot patrol boat conversion that are recovered, col14 lected, or otherwise received as the result of negotiation,
15 mediation, or litigation, shall be available until expended
16 for the Fast Response Cutter program.
17
SEC. 518. Section 532(a) of Public Law 109–295
18 (120 Stat. 1384) is amended by striking ‘‘2013’’ and in19 serting ‘‘2014 and thereafter’’.
20
SEC. 519. The functions of the Federal Law Enforce-
21 ment Training Center instructor staff shall be classified
22 as inherently governmental for the purpose of the Federal
23 Activities Inventory Reform Act of 1998 (31 U.S.C. 501
24 note).
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667
1
SEC. 520. (a) The Secretary of Homeland Security
2 shall submit a report not later than October 15, 2014,
3 to the Office of Inspector General of the Department of
4 Homeland Security listing all grants and contracts award5 ed by any means other than full and open competition dur6 ing fiscal year 2014.
7
(b) The Inspector General shall review the report re-
8 quired by subsection (a) to assess Departmental compli9 ance with applicable laws and regulations and report the
10 results of that review to the Committees on Appropriations
11 of the Senate and the House of Representatives not later
12 than February 15, 2015.
13
SEC. 521. None of the funds provided by this or pre-
14 vious appropriations Acts shall be used to fund any posi15 tion designated as a Principal Federal Official (or the suc16 cessor thereto) for any Robert T. Stafford Disaster Relief
17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
18 declared disasters or emergencies unless—
19
(1) the responsibilities of the Principal Federal
20
Official do not include operational functions related
21
to incident management, including coordination of
22
operations, and are consistent with the requirements
23
of section 509(c) and sections 503(c)(3) and
24
503(c)(4)(A) of the Homeland Security Act of 2002
25
(6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))
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668
1
and section 302 of the Robert T. Stafford Disaster
2
Relief and Assistance Act (42 U.S.C. 5143);
3
(2) not later than 10 business days after the
4
latter of the date on which the Secretary of Home-
5
land Security appoints the Principal Federal Official
6
and the date on which the President issues a dec-
7
laration under section 401 or section 501 of the
8
Robert T. Stafford Disaster Relief and Emergency
9
Assistance Act (42 U.S.C. 5170 and 5191, respec-
10
tively), the Secretary of Homeland Security shall
11
submit a notification of the appointment of the Prin-
12
cipal Federal Official and a description of the re-
13
sponsibilities of such Official and how such respon-
14
sibilities are consistent with paragraph (1) to the
15
Committees on Appropriations of the Senate and the
16
House of Representatives, the Transportation and
17
Infrastructure Committee of the House of Rep-
18
resentatives, and the Homeland Security and Gov-
19
ernmental Affairs Committee of the Senate; and
20
(3) not later than 60 days after the date of en-
21
actment of this Act, the Secretary shall provide a re-
22
port specifying timeframes and milestones regarding
23
the update of operations, planning and policy docu-
24
ments, and training and exercise protocols, to ensure
25
consistency with paragraph (1) of this section.
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669
1
SEC. 522. None of the funds provided or otherwise
2 made available in this Act shall be available to carry out
3 section 872 of the Homeland Security Act of 2002 (6
4 U.S.C. 452).
5
SEC. 523. Funds made available in this Act may be
6 used to alter operations within the Civil Engineering Pro7 gram of the Coast Guard nationwide, including civil engi8 neering units, facilities design and construction centers,
9 maintenance and logistics commands, and the Coast
10 Guard Academy, except that none of the funds provided
11 in this Act may be used to reduce operations within any
12 Civil Engineering Unit unless specifically authorized by a
13 statute enacted after the date of enactment of this Act.
14
SEC. 524. None of the funds made available in this
15 Act may be used by United States Citizenship and Immi16 gration Services to grant an immigration benefit unless
17 the results of background checks required by law to be
18 completed prior to the granting of the benefit have been
19 received by United States Citizenship and Immigration
20 Services, and the results do not preclude the granting of
21 the benefit.
22
SEC. 525. Section 831 of the Homeland Security Act
23 of 2002 (6 U.S.C. 391) is amended—
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1
(1) in subsection (a), by striking ‘‘Until Sep-
2
tember 30, 2013,’’ and inserting ‘‘Until September
3
30, 2014,’’;
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(2) in subsection (c)(1), by striking ‘‘September
5
30, 2013,’’ and inserting ‘‘September 30, 2014,’’.
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SEC. 526. The Secretary of Homeland Security shall
7 require that all contracts of the Department of Homeland
8 Security that provide award fees link such fees to success9 ful acquisition outcomes (which outcomes shall be speci10 fied in terms of cost, schedule, and performance).
11
SEC. 527. Notwithstanding any other provision of
12 law, none of the funds provided in this or any other Act
13 shall be used to approve a waiver of the navigation and
14 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for
15 the transportation of crude oil distributed from the Stra16 tegic Petroleum Reserve until the Secretary of Homeland
17 Security, after consultation with the Secretaries of the De18 partments of Energy and Transportation and representa19 tives from the United States flag maritime industry, takes
20 adequate measures to ensure the use of United States flag
21 vessels: Provided, That the Secretary shall notify the Com22 mittees on Appropriations of the Senate and the House
23 of Representatives, the Committee on Commerce, Science,
24 and Transportation of the Senate, and the Committee on
25 Transportation and Infrastructure of the House of Rep-
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1 resentatives within 2 business days of any request for
2 waivers of navigation and vessel-inspection laws purs