Professional Documents
Culture Documents
XML
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DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
2014
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Title IV—General Provisions
1 SEC. 3. REFERENCES.
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1 SEC. 4. EXPLANATORY STATEMENT.
23 FERENCES.
5
1 of the Balanced Budget and Emergency Deficit Control
2 Act of 1985 due to estimating differences with the Con-
3 gressional Budget Office, an adjustment to the discre-
4 tionary spending limit in such category for fiscal year
5 2014 shall be made by the Director of the Office of Man-
6 agement and Budget in the amount of the excess but not
7 to exceed 0.2 percent of the sum of the adjusted discre-
8 tionary spending limits for all categories for that fiscal
9 year.
10 SEC. 8. LAUNCH LIABILITY EXTENSION.
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1 DIVISION A—AGRICULTURE, RURAL DE-
2 VELOPMENT, FOOD AND DRUG ADMIN-
3 ISTRATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2014
5 TITLE I
6 AGRICULTURAL PROGRAMS
7 PRODUCTION, PROCESSING AND MARKETING
8 OFFICE OF THE SECRETARY
9 (INCLUDING TRANSFERS OF FUNDS)
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1 the Department; not to exceed $3,869,000 shall be avail-
2 able for the Office of Assistant Secretary for Congres-
3 sional Relations to carry out the programs funded by this
4 Act, including programs involving intergovernmental af-
5 fairs and liaison within the executive branch; and not to
6 exceed $8,065,000 shall be available for the Office of Com-
7 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 appro-
11 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 para-
14 graph for the immediate Office of the Secretary shall be
15 available for official reception and representation ex-
16 penses, not otherwise provided for, as determined by the
17 Secretary: Provided further, That the amount made avail-
18 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
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER
2 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, in-
10 cluding agency budgets for contracting out.
11 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
12 RIGHTS
13 For necessary expenses of the Office of the Assistant
14 Secretary for Civil Rights, $893,000.
15 OFFICE OF CIVIL RIGHTS
16 For necessary expenses of the Office of Civil Rights,
17 $21,400,000.
18 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL
19 PAYMENTS
20 (INCLUDING TRANSFERS OF FUNDS)
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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 con-
4 figurations suitable for release to the Administrator of
5 General Services, and for the operation, maintenance, im-
6 provement, and repair of Agriculture buildings and facili-
7 ties, and for related costs, $233,000,000, to remain avail-
8 able until expended, of which $164,470,000 shall be avail-
9 able for payments to the General Services Administration
10 for rent; of which $13,800,000 is for payments to the De-
11 partment of Homeland Security for building security ac-
12 tivities; and of which $54,730,000 is for buildings oper-
13 ations and maintenance expenses: Provided, That the Sec-
14 retary may use unobligated prior year balances of an agen-
15 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 Sec-
18 retary is authorized to transfer funds from a Depart-
19 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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1 HAZARDOUS MATERIALS MANAGEMENT
2 (INCLUDING TRANSFERS OF FUNDS)
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1 OFFICE OF THE GENERAL COUNSEL
2 For necessary expenses of the Office of the General
3 Counsel, $41,202,000.
4 OFFICE OF ETHICS
5 For necessary expenses of the Office of Ethics,
6 $3,440,000.
7 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
8 EDUCATION, AND ECONOMICS
9 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 Cen-
19 sus of Agriculture: Provided, That amounts made available
20 for the Census of Agriculture may be used to conduct Cur-
21 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
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1 apply to modernization or replacement of existing facilities
2 at Beltsville, Maryland: Provided further, That appropria-
3 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 Re-
12 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 sec-
17 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 sub-
20 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 indi-
24 vidual for the purpose of establishing or operating any re-
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1 search facility or research project of the Agricultural Re-
2 search Service, as authorized by law.
3 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
4 RESEARCH AND EDUCATION ACTIVITIES
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1 awarded equally to each of the States of Alaska and Ha-
2 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
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1 shall be available for retirement and employees’ compensa-
2 tion costs for extension agents.
3 INTEGRATED ACTIVITIES
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1 until expended, shall be available for the control of out-
2 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 ex-
9 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 re-
20 main available until expended, shall be for tree and wood
21 pests; of which $3,722,000, to remain available until ex-
22 pended, shall be for the National Veterinary Stockpile; of
23 which up to $1,500,000, to remain available until ex-
24 pended, shall be for the scrapie program for indemnities;
25 of which $1,500,000, to remain available until expended,
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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: Pro-
5 vided further, That of amounts available under this head-
6 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 addi-
15 tion, in emergencies which threaten any segment of the
16 agricultural production industry of this country, the Sec-
17 retary may transfer from other appropriations or funds
18 available to the agencies or corporations of the Depart-
19 ment such sums as may be deemed necessary, to be avail-
20 able only in such emergencies for the arrest and eradi-
21 cation of contagious or infectious disease or pests of ani-
22 mals, poultry, or plants, and for expenses in accordance
23 with sections 10411 and 10417 of the Animal Health Pro-
24 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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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 alter-
6 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 assist-
12 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 avail-
19 able until expended, without further appropriation, for
20 providing such assistance, goods, or services.
21 BUILDINGS AND FACILITIES
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1 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail-
2 able until expended.
3 AGRICULTURAL MARKETING SERVICE
4 MARKETING SERVICES
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1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
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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 build-
5 ing.
6 LIMITATION ON INSPECTION AND WEIGHING SERVICES
7 EXPENSES
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1 ited to this account from fees collected for the cost of lab-
2 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 dedi-
9 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 im-
12 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 al-
16 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 OF THE UNDER SECRETARY FOR FARM AND
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1 FARM SERVICE AGENCY
2 SALARIES AND EXPENSES
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1 DAIRY INDEMNITY PROGRAM
14 ACCOUNT
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1 for farm ownership direct loans; $1,500,000,000 for un-
2 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: Pro-
5 vided, That the Committees on Appropriations of both
6 Houses of Congress are notified at least 15 days in ad-
7 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 rep-
12 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 cor-
17 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 here-
23 inafter provided.
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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
22 (LIMITATION ON EXPENSES)
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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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1 TITLE II
2 CONSERVATION PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR NATURAL
4 RESOURCES AND ENVIRONMENT
5 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
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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 im-
7 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 ob-
10 tained as provided in 7 U.S.C. 2250a.
11 WATERSHED REHABILITATION PROGRAM
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1 TITLE III
2 RURAL DEVELOPMENT PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR RURAL
4 DEVELOPMENT
5 For necessary expenses of the Office of the Under
6 Secretary for Rural Development, $893,000.
7 RURAL DEVELOPMENT SALARIES AND EXPENSES
8 (INCLUDING TRANSFERS OF FUNDS)
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1 RURAL HOUSING SERVICE
2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
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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 appli-
4 cants in communities that have a current rural area waiv-
5 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 avail-
20 able for the Farm Labor Program Account shall be trans-
21 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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1 appropriation for ‘‘Rural Development, Salaries and Ex-
2 penses’’.
3 RENTAL ASSISTANCE PROGRAM
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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 assist-
3 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
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1 unit: Provided further, That funds made available for such
2 vouchers shall be subject to the availability of annual ap-
3 propriations: Provided further, That the Secretary shall,
4 to the maximum extent practicable, administer such
5 vouchers with current regulations and administrative guid-
6 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 de-
9 termines that the amount made available for vouchers in
10 this or any other Act is not needed for vouchers, the Sec-
11 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: Pro-
14 vided further, That of the funds made available under this
15 heading, $20,000,000 shall be available for a demonstra-
16 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, ex-
20 pressly for the purposes of ensuring the project has suffi-
21 cient resources to preserve the project for the purpose of
22 providing safe and affordable housing for low-income resi-
23 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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1 including advances, payments and incentives (including
2 the ability of owners to obtain reasonable returns on in-
3 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 demonstra-
10 tion program may be used for such vouchers: Provided fur-
11 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 Commit-
17 tees on Appropriations of both Houses of Congress: Pro-
18 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 activi-
22 ties funded under this heading.
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1 MUTUAL AND SELF-HELP HOUSING GRANTS
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1 propriated under this heading shall be available for a
2 Rural Community Development Initiative: Provided fur-
3 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, low-
6 income rural communities, and Federally Recognized Na-
7 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 pri-
11 vate, nonprofit and public intermediary organizations pro-
12 posing to carry out a program of financial and technical
13 assistance: Provided further, That such intermediary orga-
14 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 eco-
20 nomic depression (Public Law 106–387), with up to 5 per-
21 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 head-
24 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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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
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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
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1 to and merged with the appropriation for ‘‘Rural Develop-
2 ment, Salaries and Expenses’’.
3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
4 ACCOUNT
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1 groups; and of which $15,000,000, to remain available
2 until expended, shall be for value-added agricultural prod-
3 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
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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 head-
5 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 De-
10 partment of Hawaiian Home Lands (of the State of Ha-
11 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 sec-
16 tion 306D of the Consolidated Farm and Rural Develop-
17 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 head-
25 ing shall be for technical assistance grants for rural water
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1 and waste systems pursuant to section 306(a)(14) of such
2 Act, unless the Secretary makes a determination of ex-
3 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 work-
6 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, oper-
10 ation, and management of water and waste water systems,
11 and of which not less than $800,000 shall be for a quali-
12 fied national Native American organization to provide
13 technical assistance for rural water systems for tribal com-
14 munities: Provided further, That not to exceed
15 $15,000,000 of the amount appropriated under this head-
16 ing shall be for contracting with qualified national organi-
17 zations for a circuit rider program to provide technical as-
18 sistance for rural water systems: Provided further, That
19 not to exceed $4,000,000 shall be for solid waste manage-
20 ment grants: Provided further, That $10,000,000 of the
21 amount appropriated under this heading shall be trans-
22 ferred to, and merged with, the Rural Utilities Service,
23 High Energy Cost Grants Account to provide grants au-
24 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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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 Ac-
5 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 con-
12 tained in the last sentence of such section as well as limita-
13 tions in section 1002 of title 16, as determined by the Sec-
14 retary, for projects whose features include agricultural
15 water supply benefits, groundwater protection, and envi-
16 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 Engi-
22 neers with respect to such projects.
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1 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
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1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
2 PROGRAM
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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 OF THE UNDER SECRETARY FOR FOOD,
4 NUTRITION AND CONSUMER SERVICES
5 For necessary expenses of the Office of the Under
6 Secretary for Food, Nutrition and Consumer Services,
7 $811,000.
8 FOOD AND NUTRITION SERVICE
9 CHILD NUTRITION PROGRAMS
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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
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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 Fed-
5 eral Government departments or agencies unless author-
6 ized by section 17 of such Act: Provided further, That
7 upon termination of a federally-mandated vendor morato-
8 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
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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 re-
4 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: Pro-
9 vided further, That funds made available under this head-
10 ing may be used to enter into contracts and employ staff
11 to conduct studies, evaluations, or to conduct activities re-
12 lated to program integrity provided that such activities are
13 authorized by the Food and Nutrition Act of 2008.
14 COMMODITY ASSISTANCE PROGRAM
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56
1 vided, That none of these funds shall be available to reim-
2 burse the Commodity Credit Corporation for commodities
3 donated to the program: Provided further, That notwith-
4 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 Nutri-
11 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may
12 use up to 10 percent for costs associated with the distribu-
13 tion of commodities.
14 NUTRITION PROGRAMS ADMINISTRATION
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1 TITLE V
2 FOREIGN ASSISTANCE AND RELATED
3 PROGRAMS
4 FOREIGN AGRICULTURAL SERVICE
5 SALARIES AND EXPENSES
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1 mentation by the Foreign Agricultural Service, shall re-
2 main available until expended.
3 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD
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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 organiza-
7 tions may, in addition to the purposes set forth in section
8 202(e)(1)(A)–(C), be made available to assist such organi-
9 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 re-
12 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
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1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)
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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
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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 au-
5 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 cred-
12 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 cred-
18 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 pro-
23 gram fees authorized by 21 U.S.C. 379j–31 shall be cred-
24 ited to this account and remain available until expended:
25 Provided further, That in addition and notwithstanding
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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 prod-
4 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 fur-
8 ther, That fees derived from prescription drug, medical de-
9 vice, human generic drug, biosimilar biological product,
10 animal drug, and animal generic drug assessments for fis-
11 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 fur-
14 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 fis-
18 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 fur-
23 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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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 Evalua-
5 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 Ra-
10 diological Health and for related field activities in the Of-
11 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 Prod-
14 ucts and for related field activities in the Office of Regu-
15 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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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 pro-
4 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 avail-
8 able under this heading for other activities: Provided fur-
9 ther, That funds may be transferred from one specified
10 activity to another with the prior approval of the Commit-
11 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
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1 INDEPENDENT AGENCIES
2 COMMODITY FUTURES TRADING COMMISSION
3 (INCLUDING TRANSFER OF FUNDS)
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1 FARM CREDIT ADMINISTRATION
2 LIMITATION ON ADMINISTRATIVE EXPENSES
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1 TITLE VII
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
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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 fur-
5 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 De-
13 partment’s National Finance Center without written noti-
14 fication to and prior approval of the Committees on Ap-
15 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 De-
18 partment of Agriculture allocated for the National Fi-
19 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, informa-
23 tion technology, and other systems of the National Fi-
24 nance Center or to pay any unforeseen, extraordinary cost
25 of the National Finance Center: Provided further, That
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1 none of the amounts reserved shall be available for obliga-
2 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 fur-
5 ther, That the limitation on the obligation of funds pend-
6 ing notification to Congressional Committees shall not
7 apply to any obligation that, as determined by the Sec-
8 retary, is necessary to respond to a declared state of emer-
9 gency that significantly impacts the operations of the Na-
10 tional Finance Center; or to evacuate employees of the Na-
11 tional Finance Center to a safe haven to continue oper-
12 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 institu-
20 tions in excess of 10 percent of the total direct cost of
21 the agreement when the purpose of such cooperative ar-
22 rangements is to carry out programs of mutual interest
23 between the two parties. This does not preclude appro-
24 priate payment of indirect costs on grants and contracts
25 with such institutions when such indirect costs are com-
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1 puted on a similar basis for all agencies for which appro-
2 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 Develop-
8 ment Loan Fund program account, the Rural Electrifica-
9 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 ac-
13 quire new information technology systems or significant
14 upgrades, as determined by the Office of the Chief Infor-
15 mation Officer, without the approval of the Chief Informa-
16 tion Officer and the concurrence of the Executive Informa-
17 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 Informa-
21 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 infor-
25 mation technology shall be obligated for projects over
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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 bor-
16 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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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 for-
11 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 au-
22 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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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 author-
13 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 Emer-
17 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro-
18 vided, That any such funds made available to reimburse
19 the Commodity Credit Corporation shall only be used pur-
20 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu-
21 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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1 of Agriculture, except for panels used to comply with nego-
2 tiated rule makings and panels used to evaluate competi-
3 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 pro-
12 vided by this Act for grants awarded competitively by the
13 National Institute of Food and Agriculture shall be avail-
14 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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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 fol-
12 lows: Child Nutrition Programs Entitlement Commod-
13 ities—$465,000,000; State Option Contracts—
14 $5,000,000; Removal of Defective Commodities—
15 $2,500,000: Provided, That none of the funds made avail-
16 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 ex-
20 cludes the transfer of $119,000,000 of the funds to be
21 transferred under subsection (c) of section 14222 of Pub-
22 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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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 Depart-
6 ment of Agriculture or officer of the Commodity Credit
7 Corporation to carry out clause 3 of section 32 of the Agri-
8 cultural Adjustment Act of 1935 (Public Law 74–320, 7
9 U.S.C. 612c, as amended), or for any surplus removal ac-
10 tivities or price support activities under section 5 of the
11 Commodity Credit Corporation Charter Act: Provided fur-
12 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 ex-
17 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 Agri-
21 culture, Rural Development, Food and Drug Administra-
22 tion, and Related Agencies that assumes revenues or re-
23 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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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 con-
4 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 agen-
7 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 reim-
13 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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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 Com-
5 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 au-
9 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 reprogram-
18 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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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 Com-
14 modity Futures Trading Commission shall notify in writ-
15 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 pro-
18 gram or activity is funded by this Act or specifically fund-
19 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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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 pre-
23 packaged news story intended for broadcast or distribution
24 in the United States unless the story includes a clear noti-
25 fication within the text or audio of the prepackaged news
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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 per-
12 sonnel who provide nonrecourse marketing assistance
13 loans for mohair under section 1201 of the Food, Con-
14 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 perma-
18 nently cancelled: Provided, That no amounts may be can-
19 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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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 ‘‘Agri-
14 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 Home-
19 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 Adminis-
24 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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1 by the intended beneficiaries in areas affected by food
2 shortages and not diverted for unauthorized or inappro-
3 priate purposes.
4 SEC. 733. Of the unobligated balance of funds avail-
5 able to the Department of Agriculture for the cost of sec-
6 tion 502 single family housing guaranteed loans for fiscal
7 years 2007 through 2010 under the heading ‘‘Rural De-
8 velopment Programs—Rural Housing Service—Rural
9 Housing Insurance Fund Program Account’’ in prior ap-
10 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 enact-
18 ment of this Act enter into Memorandums of Under-
19 standing with not less than 5 qualified intermediary orga-
20 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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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 Sep-
9 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-renew-
22 able agreements on eligible lands, including flooded agri-
23 cultural lands, as determined by the Secretary, under the
24 Water Bank Act (16 U.S.C. 1301–1311).
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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 guaran-
19 tees by not more than 25 percent: Provided, That prior
20 to the Secretary implementing such an increase, the Sec-
21 retary notifies, in writing, the Committees on Appropria-
22 tions of both Houses of Congress at least 15 days in ad-
23 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 accord-
3 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 organiza-
7 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 exper-
10 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 assess-
20 ment required under this subsection and any policy rec-
21 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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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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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 other-
8 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 per-
16 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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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 ob-
8 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 head-
11 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 Ad-
15 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 appro-
20 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 re-
2 sponse to citrus greening.
3 SEC. 749. None of the credit card refunds or rebates
4 transferred to the Working Capital Fund pursuant to sec-
5 tion 729 of the Agriculture, Rural Development, Food and
6 Drug Administration, and Related Agencies Appropria-
7 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76)
8 shall be available for obligation without written notifica-
9 tion to, and the prior approval of, the Committees on Ap-
10 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, adminis-
14 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 strik-
18 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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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 Re-
9 lated Agencies Appropriations Act, 2014’’.
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1 DIVISION B—COMMERCE, JUSTICE,
2 SCIENCE, AND RELATED AGENCIES
3 APPROPRIATIONS ACT, 2014
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 INTERNATIONAL TRADE ADMINISTRATION
7 OPERATIONS AND ADMINISTRATION
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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; pur-
4 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 Adminis-
10 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 Mu-
20 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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1 BUREAU OF INDUSTRY AND SECURITY
2 OPERATIONS AND ADMINISTRATION
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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 activi-
5 ties, and for providing information to the public with re-
6 spect to the export administration and national security
7 activities of the Department of Commerce and other ex-
8 port control programs of the United States and other gov-
9 ernments.
10 ECONOMIC DEVELOPMENT ADMINISTRATION
11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
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97
1 the costs for loan guarantees, including the cost of modi-
2 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 appropria-
11 tions Acts for guaranteeing loans for science park infra-
12 structure under such section shall be available to the Sec-
13 retary of Commerce to guarantee such loans after Sep-
14 tember 30, 2013.
15 SALARIES AND EXPENSES
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98
1 MINORITY BUSINESS DEVELOPMENT AGENCY
2 MINORITY BUSINESS DEVELOPMENT
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99
1 That, from amounts provided herein, funds may be used
2 for promotion, outreach, and marketing activities: Pro-
3 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 AND INFORMATION
9 ADMINISTRATION
10 SALARIES AND EXPENSES
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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 ex-
4 pended.
5 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING
6 AND CONSTRUCTION
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101
1 such offsetting collections be less than $3,024,000,000
2 this amount shall be reduced accordingly: Provided fur-
3 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 Direc-
7 tor of USPTO shall submit a spending plan to the Com-
8 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 ac-
15 cordance with the preceding proviso shall be transferred
16 to the United States Patent and Trademark Office Sala-
17 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 fis-
21 cal year 2014 from the amounts made available for ‘‘Sala-
22 ries and Expenses’’ for the USPTO, the amounts nec-
23 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 Per-
3 sonnel Management (OPM) for USPTO’s specific use, of
4 basic pay, of employees subject to subchapter III of chap-
5 ter 83 of that title, and (2) the present value of the other-
6 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 OF STANDARDS AND TECHNOLOGY
6 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
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1 and maintenance of existing facilities, not otherwise pro-
2 vided for the National Institute of Standards and Tech-
3 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 Sec-
8 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 Stand-
12 ards and Technology construction project having a total
13 multi-year program cost of more than $5,000,000 and si-
14 multaneously the budget justification materials shall in-
15 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
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105
1 pursuant to cooperative agreements; and relocation of fa-
2 cilities, $3,157,392,000, to remain available until Sep-
3 tember 30, 2015, except that funds provided for coopera-
4 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 na-
7 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 ‘‘Pro-
12 mote and Develop Fishery Products and Research Per-
13 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 As-
16 sessments, Survey and Monitoring Projects, Interjurisdic-
17 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 re-
22 coveries of prior year obligations: Provided further, That
23 the total amount available for National Oceanic and At-
24 mospheric Administration corporate services administra-
25 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 de-
3 scribed in section 4 (in the matter preceding division A
4 of this consolidated Act), or any use of deobligated bal-
5 ances of funds provided under this heading in previous
6 years, shall be subject to the procedures set forth in sec-
7 tion 505 of this Act: Provided further, That in addition,
8 for necessary retired pay expenses under the Retired Serv-
9 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
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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: Pro-
5 vided further, That the Secretary of Commerce shall in-
6 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 Atmos-
11 pheric Administration procurement, acquisition or con-
12 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 procure-
20 ment, acquisition and construction.
21 PACIFIC COASTAL SALMON RECOVERY
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108
1 may issue grants to the States of Washington, Oregon,
2 Idaho, Nevada, California, and Alaska, and to the Feder-
3 ally recognized tribes of the Columbia River and Pacific
4 Coast (including Alaska), for projects necessary for con-
5 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 popu-
8 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 sci-
13 entific and other merit principles and shall not be available
14 for marketing activities: Provided further, That funds dis-
15 bursed to States shall be subject to a matching require-
16 ment of funds or documented in-kind contributions of at
17 least 33 percent of the Federal funds.
18 FISHERIES DISASTER ASSISTANCE
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1 FISHERMEN’S CONTINGENCY FUND
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1 RENOVATION AND MODERNIZATION
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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 De-
5 partment of Commerce in this Act may be transferred be-
6 tween such appropriations, but no such appropriation shall
7 be increased by more than 10 percent by any such trans-
8 fers: Provided, That any transfer pursuant to this section
9 shall be treated as a reprogramming of funds under sec-
10 tion 505 of this Act and shall not be available for obliga-
11 tion or expenditure except in compliance with the proce-
12 dures set forth in that section: Provided further, That the
13 Secretary of Commerce shall notify the Committees on Ap-
14 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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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 serv-
4 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 Coopera-
7 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 protec-
10 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 re-
14 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 cred-
17 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 pornog-
21 raphy, copyright infringement, or any other unlawful ac-
22 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, equip-
2 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 Atmos-
9 pheric Administration.
10 SEC. 108. The Department of Commerce shall pro-
11 vide a monthly report to the Committees on Appropria-
12 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
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114
1 ment of Justice facilities shall remain available until ex-
2 pended.
3 JUSTICE INFORMATION SHARING TECHNOLOGY
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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
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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 pro-
6 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
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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 Improve-
4 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 ex-
7 penses in this appropriation, and shall remain available
8 until expended: Provided further, That the sum herein ap-
9 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
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1 UNITED STATES TRUSTEE SYSTEM FUND
19 SETTLEMENT COMMISSION
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1 FEES AND EXPENSES OF WITNESSES
16 SERVICE
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1 necessary to respond to such circumstances: Provided fur-
2 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 ex-
5 penditure except in compliance with the procedures set
6 forth in that section.
7 ASSETS FORFEITURE FUND
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1 FEDERAL PRISONER DETENTION
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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
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1 lated to the outfitting, activation, and operation of facili-
2 ties supporting the examination, exploitation, and storage
3 of improvised explosive devices and explosive materials, in-
4 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 im-
8 plementation of the recommendations related to the Fed-
9 eral Bureau of Investigation that were proposed in the re-
10 port issued by the National Commission on Terrorist At-
11 tacks Upon the United States.
12 CONSTRUCTION
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1 DRUG ENFORCEMENT ADMINISTRATION
2 SALARIES AND EXPENSES
16 EXPLOSIVES
17 SALARIES AND EXPENSES
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1 to exceed $36,000 shall be for official reception and rep-
2 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 ex-
6 pended: Provided, That none of the funds appropriated
7 herein shall be available to investigate or act upon applica-
8 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 Bu-
16 reau of Alcohol, Tobacco, Firearms and Explosives to
17 other agencies or Departments.
18 FEDERAL PRISON SYSTEM
19 SALARIES AND EXPENSES
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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 Fed-
5 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 com-
11 mitted to the custody of the Federal Prison System: Pro-
12 vided further, That not to exceed $5,400 shall be available
13 for official reception and representation expenses: Pro-
14 vided further, That not to exceed $50,000,000 shall re-
15 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 ad-
19 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 prop-
22 erty and services relating to the operation of the prison
23 card program from a not-for-profit entity which has oper-
24 ated such program in the past, notwithstanding the fact
25 that such not-for-profit entity furnishes services under
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1 contracts to the Federal Prison System relating to the op-
2 eration of pre-release services, halfway houses, or other
3 custodial facilities.
4 BUILDINGS AND FACILITIES
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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
23 PROSECUTION PROGRAMS
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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 Prosecu-
7 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 vic-
17 tims services, $417,000,000, to remain available until ex-
18 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 evalua-
21 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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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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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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1 issues relating to sexual assault of American Indian
2 and Alaska Native women.
3 OFFICE OF JUSTICE PROGRAMS
4 RESEARCH, EVALUATION AND STATISTICS
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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 of Standards and Technology, and
22 $3,000,000 is for transfer to the National Institute
23 of Standards and Technology to support scientific
24 working groups.
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1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
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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 fol-
4 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 which, notwithstanding such subpart 1,
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-
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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;
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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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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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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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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 pub-
17 lic sector safety service.
18 JUVENILE JUSTICE PROGRAMS
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1 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
2 Remedies and Other Tools to end the Exploitation of Chil-
3 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 Reauthoriza-
9 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
10 and other juvenile justice programs, $254,500,000, to re-
11 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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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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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 activi-
23 ties designed to benefit the programs or activities author-
24 ized: Provided further, That not more than 2 percent of
25 the amounts designated under paragraphs (1) through
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1 (5), (7) and (8) may be used for training and technical
2 assistance: Provided further, That the previous two pro-
3 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
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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
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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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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 OF JUSTICE
11 SEC. 201. In addition to amounts otherwise made
12 available in this title for official reception and representa-
13 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 re-
16 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 Pris-
6 ons to provide escort services necessary for a female in-
7 mate to receive such service outside the Federal facility:
8 Provided, That nothing in this section in any way dimin-
9 ishes the effect of section 203 intended to address the phil-
10 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 De-
14 partment of Justice in this Act may be transferred be-
15 tween such appropriations, but no such appropriation, ex-
16 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 com-
21 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 Manage-
24 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 posi-
3 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 tele-
15 vision services, or to rent or purchase audiovisual or elec-
16 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 es-
25 timated development costs in excess of $100,000,000, un-
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153
1 less the Deputy Attorney General and the investment re-
2 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 mecha-
6 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 devi-
10 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 con-
13 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 suc-
19 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 head-
8 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
9 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus-
10 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 hard-
3 ship, the Attorney General may, with respect to funds ap-
4 propriated in this or any other Act making appropriations
5 for fiscal years 2011 through 2014 for the following pro-
6 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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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 avail-
5 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 back-
8 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 indi-
12 vidual if the Federal law enforcement officer knows or sus-
13 pects that the individual is an agent of a drug cartel, un-
14 less law enforcement personnel of the United States con-
15 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 sec-
3 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 obliga-
7 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 pay-
12 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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1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 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 Colum-
12 bia, $5,555,000.
13 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 SCIENCE
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1 aircraft, $5,151,200,000, to remain available until Sep-
2 tember 30, 2015: Provided, That the formulation and de-
3 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 indi-
7 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 de-
10 velopment cost of the program is likely to exceed that limi-
11 tation, the individual shall immediately notify the Admin-
12 istrator and the increase shall be treated as if it meets
13 the 30 percent threshold described in subsection (f) of sec-
14 tion 30104: Provided further, That $80,000,000 shall be
15 for pre-formulation and/or formulation activities for a mis-
16 sion that meets the science goals outlined for the Jupiter
17 Europa mission in the most recent planetary science
18 decadal survey.
19 AERONAUTICS
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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; pur-
4 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
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1 operations, support, and services; maintenance and repair,
2 facility planning and design; space flight, spacecraft con-
3 trol, and communications activities; program manage-
4 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; pur-
7 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 avail-
10 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 sys-
20 tems: Provided further, That funds made available for the
21 Orion Multi-Purpose Crew Vehicle and Space Launch Sys-
22 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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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 pro-
4 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 oper-
7 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): Pro-
10 vided further, That $302,000,000 shall be for exploration
11 research and development.
12 SPACE OPERATIONS
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1 istrative aircraft, $3,778,000,000, to remain available
2 until September 30, 2015.
3 EDUCATION
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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 of-
5 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 avail-
8 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
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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 col-
4 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
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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 activ-
5 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 sec-
9 tion 505 of this Act and shall not be available for obliga-
10 tion or expenditure except in compliance with the proce-
11 dures set forth in that section.
12 NATIONAL SCIENCE FOUNDATION
13 RESEARCH AND RELATED ACTIVITIES
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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
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1 expended for activities authorized by section 7030 of Pub-
2 lic Law 110–69.
3 AGENCY OPERATIONS AND AWARD MANAGEMENT
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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
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1 TITLE IV
2 RELATED AGENCIES
3 COMMISSION ON CIVIL RIGHTS
4 SALARIES AND EXPENSES
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1 CCR IG: Provided further, That when the CCR IG con-
2 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 Commit-
7 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 trans-
11 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
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1 (GINA) of 2008 (Public Law 110–233), the ADA Amend-
2 ments Act of 2008 (Public Law 110–325), and the Lilly
3 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in-
4 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 author-
11 ized to make available for official reception and represen-
12 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
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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 re-
4 main available until expended.
5 LEGAL SERVICES CORPORATION
6 PAYMENT TO THE LEGAL SERVICES CORPORATION
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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
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1 OFFICE OF THE UNITED STATES TRADE
2 REPRESENTATIVE
3 SALARIES AND EXPENSES
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1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS)
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1 agencies funded by this Act that remain available for obli-
2 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 ini-
7 tiates a new program, project or activity; (2) eliminates
8 a program, project or activity; (3) increases funds or per-
9 sonnel by any means for any project or activity for which
10 funds have been denied or restricted; (4) relocates an of-
11 fice or employees; (5) reorganizes or renames offices, pro-
12 grams or activities; (6) contracts out or privatizes any
13 functions or activities presently performed by Federal em-
14 ployees; (7) augments existing programs, projects or ac-
15 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 ap-
21 proved by Congress; unless the House and Senate Com-
22 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 re-
9 ceive any contract or subcontract made with funds made
10 available in this Act, pursuant to the debarment, suspen-
11 sion, and ineligibility procedures described in sections
12 9.400 through 9.409 of title 48, Code of Federal Regula-
13 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 Na-
24 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 sta-
2 tus of balances of appropriations at the account level. For
3 unobligated, uncommitted balances and unobligated, com-
4 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 sub-
13 mitted within 30 days of the end of each quarter there-
14 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 sys-
20 tem and shall identify and describe in each quarterly re-
21 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 pre-
24 vent, personnel actions taken in response to funding re-
25 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 be-
3 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 estab-
22 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 ex-
24 cess of $745,000,000 shall not be available for obligation
25 until the following fiscal year.
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1 SEC. 511. None of the funds made available to the
2 Department of Justice in this Act may be used to discrimi-
3 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 in-
9 strumentality of the United States Government, except
10 pursuant to a transfer made by, or transfer authority pro-
11 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 Na-
17 tional Aeronautics and Space Administration, the Na-
18 tional Science Foundation, and the Legal Services Cor-
19 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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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, Adminis-
6 trator, Director, or President, as appropriate, shall make
7 the results of the audit available to the public on the Inter-
8 net website maintained by the Department, Administra-
9 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 ban-
22 quet or conference held in connection with planning, train-
23 ing, assessment, review, or other routine purposes related
24 to a project funded by the grant or contract.
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1 (d) Any person awarded a grant or contract funded
2 by amounts appropriated by this Act shall submit a state-
3 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 inter-
8 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 require-
14 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 Aer-
21 onautics and Space Administration, or the National
22 Science Foundation to acquire a high-impact or moderate-
23 impact information system, as defined for security cat-
24 egorization in the National Institute of Standards and
25 Technology’s (NIST) Federal Information Processing
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1 Standard Publication 199, ‘‘Standards for Security Cat-
2 egorization of Federal Information and Information Sys-
3 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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1 high-impact or moderate-impact information system re-
2 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 em-
16 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 other-
19 wise made available under this Act or any other Act may
20 be expended or obligated by a department, agency, or in-
21 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 li-
24 cense for the export to Canada of components, parts, ac-
25 cessories or attachments for firearms listed in Category
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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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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 per-
5 manent or temporary export without a license of any un-
6 classified articles specified in subsection (a) to Canada for
7 end use in Canada or return to the United States, or tem-
8 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 deter-
13 mines, upon publication first in the Federal Register, that
14 the Government of Canada has implemented or main-
15 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 inter-
18 national terrorism or in the escalation of a conflict in an-
19 other nation. The President shall terminate the require-
20 ments of a license when reasons for the temporary require-
21 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 ori-
6 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 multi-
9 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 author-
19 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 Aero-
2 nautics and Space Administration, or the National Science
3 Foundation totaling more than $75,000,000 has reason-
4 able cause to believe that the total program cost has in-
5 creased by 10 percent, the program manager shall imme-
6 diately inform the respective Secretary, Administrator, or
7 Director. The Secretary, Administrator, or Director shall
8 notify the House and Senate Committees on Appropria-
9 tions within 30 days in writing of such increase, and shall
10 include in such notice: the date on which such determina-
11 tion was made; a statement of the reasons for such in-
12 creases; the action taken and proposed to be taken to con-
13 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 ade-
19 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 intel-
22 ligence or intelligence related activities are deemed to be
23 specifically authorized by the Congress for purposes of sec-
24 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 pro-
7 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 certifi-
14 cation, been notified of any unpaid Federal tax assessment
15 for which the liability remains unsatisfied, unless the as-
16 sessment is the subject of an installment agreement or
17 offer in compromise that has been approved by the Inter-
18 nal Revenue Service and is not in default, or the assess-
19 ment is the subject of a non-frivolous administrative or
20 judicial proceeding.
21 (RESCISSIONS)
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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 re-
5 scinded, not later than September 30, 2014, from the fol-
6 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, Community Oriented Policing Services’’,
18 $26,000,000.
19 (c) The Department of Justice shall submit to the
20 Committees on Appropriations of the House of Represent-
21 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 attend-
5 ance of more than 50 employees from a Federal depart-
6 ment or agency at any single conference occurring outside
7 the United States unless such conference is a law enforce-
8 ment training or operational conference for law enforce-
9 ment personnel and the majority of Federal employees in
10 attendance are law enforcement personnel stationed out-
11 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 indi-
23 vidual described in subsection (c) for the purposes of de-
24 tention or imprisonment in the custody or under the effec-
25 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 En-
18 ergy Management Program’’ designation.
19 SEC. 531. The Director of the Office of Management
20 and Budget shall instruct any department, agency, or in-
21 strumentality of the United States receiving funds appro-
22 priated under this Act to track undisbursed balances in
23 expired grant accounts and include in its annual perform-
24 ance plan and performance and accountability reports the
25 following:
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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, pro-
21 gram, order, or contract of any kind to participate, col-
22 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 per-
23 sonnel to deny, or fail to act on, an application for the
24 importation of any model of shotgun if—
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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 crimi-
16 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 spend-
20 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 cor-
3 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, un-
6 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 cor-
14 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 agree-
18 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 deter-
22 mination that this further action is not necessary to pro-
23 tect the interests of the Government.
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1 This division may be cited as the ‘‘Commerce, Jus-
2 tice, Science, and Related Agencies Appropriations Act,
3 2014’’.
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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 sta-
8 tion travel (including all expenses thereof for organiza-
9 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 compo-
12 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 Depart-
16 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 sta-
21 tion travel (including all expenses thereof for organiza-
22 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 pro-
25 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 sta-
8 tion travel (including all expenses thereof for organiza-
9 tional movements), and expenses of temporary duty travel
10 between permanent duty stations, for members of the Ma-
11 rine Corps on active duty (except members of the Reserve
12 provided for elsewhere); and for payments pursuant to sec-
13 tion 156 of Public Law 97–377, as amended (42 U.S.C.
14 402 note), and to the Department of Defense Military Re-
15 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 sta-
19 tion travel (including all expenses thereof for organiza-
20 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 compo-
23 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 Depart-
2 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 Re-
7 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 au-
14 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 Re-
20 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 con-
23 nection with performing duty specified in section 12310(a)
24 of title 10, United States Code, or while undergoing re-
25 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 Depart-
3 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 under-
13 going reserve training, or while performing drills or equiv-
14 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 au-
4 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 Na-
10 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 pay-
19 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 Na-
24 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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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 under-
5 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 AND MAINTENANCE, ARMY
4 For expenses, not otherwise provided for, necessary
5 for the operation and maintenance of the Army, as author-
6 ized by law; and not to exceed $12,478,000 can be used
7 for emergencies and extraordinary expenses, to be ex-
8 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 AND MAINTENANCE, NAVY
13 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 extraor-
17 dinary expenses, to be expended on the approval or author-
18 ity of the Secretary of the Navy, and payments may be
19 made on his certificate of necessity for confidential mili-
20 tary purposes, $36,311,160,000.
21 OPERATION AND MAINTENANCE, MARINE CORPS
22 For expenses, not otherwise provided for, necessary
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 AND MAINTENANCE, AIR FORCE
2 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 ex-
6 pended on the approval or authority of the Secretary of
7 the Air Force, and payments may be made on his certifi-
8 cate of necessity for confidential military purposes,
9 $33,248,618,000.
10 OPERATION AND MAINTENANCE, DEFENSE-WIDE
11 (INCLUDING TRANSFER OF FUNDS)
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208
1 curement Technical Assistance Cooperative Agreement
2 Program, of which not less than $3,600,000 shall be avail-
3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro-
4 vided further, That none of the funds appropriated or oth-
5 erwise made available by this Act may be used to plan
6 or implement the consolidation of a budget or appropria-
7 tions liaison office of the Office of the Secretary of De-
8 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: Pro-
11 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 evalua-
16 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 in-
19 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 fur-
22 ther, That the transfer authority provided under this head-
23 ing is in addition to any other transfer authority provided
24 elsewhere in this Act.
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209
1 OPERATION AND MAINTENANCE, ARMY RESERVE
2 For expenses, not otherwise provided for, necessary
3 for the operation and maintenance, including training, or-
4 ganization, and administration, of the Army Reserve; re-
5 pair of facilities and equipment; hire of passenger motor
6 vehicles; travel and transportation; care of the dead; re-
7 cruiting; procurement of services, supplies, and equip-
8 ment; and communications, $2,940,936,000.
9 OPERATION AND MAINTENANCE, NAVY RESERVE
10 For expenses, not otherwise provided for, necessary
11 for the operation and maintenance, including training, or-
12 ganization, and administration, of the Navy Reserve; re-
13 pair of facilities and equipment; hire of passenger motor
14 vehicles; travel and transportation; care of the dead; re-
15 cruiting; procurement of services, supplies, and equip-
16 ment; and communications, $1,158,382,000.
17 OPERATION AND MAINTENANCE, MARINE CORPS
18 RESERVE
19 For expenses, not otherwise provided for, necessary
20 for the operation and maintenance, including training, or-
21 ganization, and administration, of the Marine Corps Re-
22 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 equip-
25 ment; and communications, $255,317,000.
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210
1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
2 For expenses, not otherwise provided for, necessary
3 for the operation and maintenance, including training, or-
4 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; re-
7 cruiting; procurement of services, supplies, and equip-
8 ment; and communications, $3,062,207,000.
9 OPERATION AND MAINTENANCE, ARMY NATIONAL
10 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 struc-
15 tures and facilities; hire of passenger motor vehicles; per-
16 sonnel services in the National Guard Bureau; travel ex-
17 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 in-
20 specting units in compliance with National Guard Bureau
21 regulations when specifically authorized by the Chief, Na-
22 tional Guard Bureau; supplying and equipping the Army
23 National Guard as authorized by law; and expenses of re-
24 pair, modification, maintenance, and issue of supplies and
25 equipment (including aircraft), $6,857,530,000.
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211
1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
2 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 struc-
6 tures and facilities; transportation of things, hire of pas-
7 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 OF APPEALS FOR THE ARMED
19 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)
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213
1 funds are required for environmental restoration, reduc-
2 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 au-
15 thority provided elsewhere in this Act.
16 ENVIRONMENTAL RESTORATION, AIR FORCE
17 (INCLUDING TRANSFER OF FUNDS)
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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 deter-
5 mination that all or part of the funds transferred from
6 this appropriation are not necessary for the purposes pro-
7 vided herein, such amounts may be transferred back to
8 this appropriation: Provided further, That the transfer au-
9 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)
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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 pro-
5 vided elsewhere in this Act.
6 ENVIRONMENTAL RESTORATION, FORMERLY USED
7 DEFENSE SITES
8 (INCLUDING TRANSFER OF FUNDS)
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216
1 heading is in addition to any other transfer authority pro-
2 vided elsewhere in this Act.
3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
4 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 sec-
7 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 Depart-
13 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 estab-
18 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 sup-
21 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 OF DEFENSE ACQUISITION WORKFORCE
2 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, ap-
13 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, ap-
3 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 WEAPONS AND TRACKED COMBAT
9 VEHICLES, ARMY
10 For construction, procurement, production, and
11 modification of weapons and tracked combat vehicles,
12 equipment, including ordnance, spare parts, and acces-
13 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 con-
17 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 obliga-
23 tion until September 30, 2016.
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1 PROCUREMENT OF AMMUNITION, ARMY
2 For construction, procurement, production, and
3 modification of ammunition, and accessories therefor; spe-
4 cialized equipment and training devices; expansion of pub-
5 lic and private plants, including ammunition facilities, au-
6 thorized by section 2854 of title 10, United States Code,
7 and the land necessary therefor, for the foregoing pur-
8 poses, and such lands and interests therein, may be ac-
9 quired, and construction prosecuted thereon prior to ap-
10 proval of title; and procurement and installation of equip-
11 ment, appliances, and machine tools in public and private
12 plants; reserve plant and Government and contractor-
13 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 Govern-
5 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, includ-
14 ing the land necessary therefor, and such lands and inter-
15 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 Govern-
19 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 weap-
25 ons, and related support equipment including spare parts,
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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 con-
4 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 obliga-
9 tion until September 30, 2016.
10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
11 CORPS
12 For construction, procurement, production, and
13 modification of ammunition, and accessories therefor; spe-
14 cialized equipment and training devices; expansion of pub-
15 lic and private plants, including ammunition facilities, au-
16 thorized by section 2854 of title 10, United States Code,
17 and the land necessary therefor, for the foregoing pur-
18 poses, and such lands and interests therein, may be ac-
19 quired, and construction prosecuted thereon prior to ap-
20 proval of title; and procurement and installation of equip-
21 ment, appliances, and machine tools in public and private
22 plants; reserve plant and Government and contractor-
23 owned equipment layaway; and other expenses necessary
24 for the foregoing purposes, $549,316,000, to remain avail-
25 able for obligation until September 30, 2016.
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1 SHIPBUILDING AND CONVERSION, NAVY
2 For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ-
4 ing armor and armament thereof, plant equipment, appli-
5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con-
7 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 there-
11 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 Class Submarine (AP),
17 $2,354,612,000;
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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1 Moored Training Ship, $207,300,000;
2 LCAC Service Life Extension Program,
3 $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 addi-
10 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 con-
15 struction or conversion of any naval vessel to be con-
16 structed in shipyards in the United States shall be ex-
17 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 ship-
21 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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1 ships, and ships authorized for conversion); the purchase
2 of passenger motor vehicles for replacement only; expan-
3 sion of public and private plants, including the land nec-
4 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 con-
9 tractor-owned equipment layaway, $5,572,618,000, to re-
10 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; ve-
18 hicles for the Marine Corps, including the purchase of pas-
19 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 ac-
22 quired, and construction prosecuted thereon prior to ap-
23 proval of title, $1,240,958,000, to remain available for ob-
24 ligation until September 30, 2016.
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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 de-
5 vices, spare parts, and accessories therefor; specialized
6 equipment; expansion of public and private plants, Gov-
7 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 Gov-
12 ernment and contractor-owned equipment layaway; and
13 other expenses necessary for the foregoing purposes in-
14 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, in-
20 cluding spare parts and accessories therefor, ground han-
21 dling equipment, and training devices; expansion of public
22 and private plants, Government-owned equipment and in-
23 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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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 OF AMMUNITION, AIR FORCE
8 For construction, procurement, production, and
9 modification of ammunition, and accessories therefor; spe-
10 cialized equipment and training devices; expansion of pub-
11 lic and private plants, including ammunition facilities, au-
12 thorized by section 2854 of title 10, United States Code,
13 and the land necessary therefor, for the foregoing pur-
14 poses, and such lands and interests therein, may be ac-
15 quired, and construction prosecuted thereon prior to ap-
16 proval of title; and procurement and installation of equip-
17 ment, appliances, and machine tools in public and private
18 plants; reserve plant and Government and contractor-
19 owned equipment layaway; and other expenses necessary
20 for the foregoing purposes, $729,677,000, to remain avail-
21 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 oth-
2 erwise provided for; the purchase of passenger motor vehi-
3 cles for replacement only; lease of passenger motor vehi-
4 cles; and expansion of public and private plants, Govern-
5 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 Gov-
10 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 there-
18 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 Gov-
25 ernment and contractor-owned equipment layaway,
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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 Produc-
6 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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1 TITLE IV
2 RESEARCH, DEVELOPMENT, TEST AND
3 EVALUATION
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
5 ARMY
6 For expenses necessary for basic and applied sci-
7 entific research, development, test and evaluation, includ-
8 ing maintenance, rehabilitation, lease, and operation of fa-
9 cilities and equipment, $7,126,318,000, to remain avail-
10 able for obligation until September 30, 2015.
11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
12 NAVY
13 For expenses necessary for basic and applied sci-
14 entific research, development, test and evaluation, includ-
15 ing maintenance, rehabilitation, lease, and operation of fa-
16 cilities and equipment, $14,949,919,000, to remain avail-
17 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 oper-
20 ational requirements of the Special Operations Forces:
21 Provided further, That funds appropriated in this para-
22 graph shall be available for the Cobra Judy program.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 AIR FORCE
3 For expenses necessary for basic and applied sci-
4 entific research, development, test and evaluation, includ-
5 ing maintenance, rehabilitation, lease, and operation of fa-
6 cilities and equipment, $23,585,292,000, to remain avail-
7 able for obligation until September 30, 2015.
8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
9 DEFENSE-WIDE
10 (INCLUDING TRANSFER OF FUNDS)
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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 appropria-
4 tions for research, development, test and evaluation to ac-
5 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 AND EVALUATION, DEFENSE
15 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 oper-
19 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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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 avail-
14 able until expended: Provided, That none of the funds pro-
15 vided in this paragraph shall be used to award a new con-
16 tract that provides for the acquisition of any of the fol-
17 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 propel-
21 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 procure-
2 ment may waive the restrictions in the first proviso on
3 a case-by-case basis by certifying in writing to the Com-
4 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 pur-
9 poses.
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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 Sep-
13 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 evalua-
19 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 hu-
22 manitarian assistance activities conducted primarily in Af-
23 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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1 development, test and evaluation of the Defense
2 Healthcare Management Systems 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 Represent-
6 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, in-
10 cluding benchmarks, for full operating capability; (3) de-
11 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 Gov-
14 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 AND MUNITIONS DESTRUCTION,
19 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 pro-
23 visions of section 1412 of the Department of Defense Au-
24 thorization Act, 1986 (50 U.S.C. 1521), and for the de-
25 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 mainte-
3 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 instal-
6 lations and $29,728,000, to remain available until Sep-
7 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 Pro-
11 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 evalua-
14 tion, of which $584,238,000 shall only be for the Assem-
15 bled Chemical Weapons Alternatives (ACWA) program.
16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
17 DEFENSE
18 (INCLUDING TRANSFER OF FUNDS)
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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 appro-
6 priation are not necessary for the purposes provided here-
7 in, such amounts may be transferred back to this appro-
8 priation: Provided further, That the transfer authority pro-
9 vided under this heading is in addition to any other trans-
10 fer authority contained elsewhere in this Act.
11 OFFICE OF THE INSPECTOR GENERAL
12 For expenses and activities of the Office of the In-
13 spector General in carrying out the provisions of the In-
14 spector General Act of 1978, as amended, $316,000,000,
15 of which $315,000,000 shall be for operation and mainte-
16 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 certifi-
20 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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1 TITLE VII
2 RELATED AGENCIES
3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
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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 pur-
5 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 em-
8 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 indi-
11 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 percent-
17 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 De-
20 fense foreign service national employees serving at United
21 States diplomatic missions whose pay is set by the Depart-
22 ment of State under the Foreign Service Act of 1980: Pro-
23 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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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 dur-
6 ing the current fiscal year shall be obligated during the
7 last 2 months of the fiscal year: Provided, That this sec-
8 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)
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1 and in no case where the item for which funds are re-
2 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 pre-
7 pare or present a request to the Committees on Appropria-
8 tions for reprogramming of funds, unless for higher pri-
9 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 au-
14 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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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 appro-
4 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 subdivi-
10 sions of appropriations for purposes of section 8005 of this
11 Act: Provided, That section 8005 shall apply when trans-
12 fers of the amounts described in subsection (a) occur be-
13 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 estab-
17 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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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)
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1 propriation accounts in such amounts as may be deter-
2 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 Sec-
10 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 congres-
15 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 in-
20 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 ap-
2 propriation contained in this Act shall be available to ini-
3 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 con-
8 tracts for any systems or component thereof if the value
9 of the multiyear contract would exceed $500,000,000 un-
10 less specifically provided in this Act: Provided further,
11 That no multiyear procurement contract can be termi-
12 nated without 10-day prior notification to the congres-
13 sional defense committees: Provided further, That the exe-
14 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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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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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 chap-
5 ter 20 of title 10, United States Code, and these obliga-
6 tions shall be reported as required by section 401(d) of
7 title 10, United States Code: Provided, That funds avail-
8 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, pursu-
12 ant to the Compact of Free Association as authorized by
13 Public Law 99–239: Provided further, That upon a deter-
14 mination by the Secretary of the Army that such action
15 is beneficial for graduate medical education programs con-
16 ducted at Army medical facilities located in Hawaii, the
17 Secretary of the Army may authorize the provision of med-
18 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 North-
21 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 man-
25 aged on the basis of any end-strength, and the manage-
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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 in-
16 fluence congressional action on any legislation or appro-
17 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 stu-
21 dent and receiving benefits paid by the Secretary of Vet-
22 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: Pro-
25 vided, That this section shall not apply to those members
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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)
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1 section substantially all of the components of anchor and
2 mooring chain shall be considered to be produced or manu-
3 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 pro-
6 duced or manufactured outside the United States: Pro-
7 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 case-
11 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 pur-
14 poses.
15 SEC. 8017. None of the funds available to the De-
16 partment of Defense may be used to demilitarize or dis-
17 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 am-
20 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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1 SEC. 8018. No more than $500,000 of the funds ap-
2 propriated or made available in this Act shall be used dur-
3 ing a single fiscal year for any single relocation of an orga-
4 nization, unit, activity or function of the Department of
5 Defense into or within the National Capital Region: Pro-
6 vided, That the Secretary of Defense may waive this re-
7 striction on a case-by-case basis by certifying in writing
8 to the congressional defense committees that such a relo-
9 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 In-
13 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 con-
20 tractor for the purposes of being allowed additional com-
21 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 ap-
25 propriations for the Department of Defense with respect
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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 acquisi-
4 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 sec-
17 tion 2350j(c) of title 10, United States Code, in anticipa-
18 tion of receipt of contributions, only from the Government
19 of Kuwait, under that section: Provided, That upon re-
20 ceipt, such contributions from the Government of Kuwait
21 shall be credited to the appropriations or fund which in-
22 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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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 De-
16 fense (department) federally funded research and develop-
17 ment center (FFRDC), either as a new entity, or as a
18 separate entity administrated by an organization man-
19 aging another FFRDC, or as a nonprofit membership cor-
20 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 com-
2 pensated for his or her services as a member of such enti-
3 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 Fed-
7 eral Joint Travel Regulations, when engaged in the per-
8 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 construc-
13 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: Pro-
22 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 fa-
15 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 re-
18 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 case-
24 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: Pro-
5 vided further, That these restrictions shall not apply to
6 contracts which are in being as of the date of the enact-
7 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 Sub-
12 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 Representa-
15 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 De-
20 fense-related articles, through competition between De-
21 partment of Defense depot maintenance activities and pri-
22 vate firms: Provided, That the Senior Acquisition Execu-
23 tive of the military department or Defense Agency con-
24 cerned, with power of delegation, shall certify that success-
25 ful bids include comparable estimates of all direct and in-
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1 direct costs for both public and private bids: Provided fur-
2 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 Amer-
13 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 under-
17 standing, between the United States and a foreign country
18 pursuant to which the Secretary of Defense has prospec-
19 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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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 sec-
11 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 Da-
19 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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1 (b) The Secretary of the Air Force shall convey, at
2 no cost to the Air Force, military housing units under sub-
3 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 Da-
7 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 re-
14 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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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 acquir-
7 ing a new inventory item for sale or anticipated sale dur-
8 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 sub-
20 mitted to the Congress on the basis that any equipment
21 which was classified as an end item and funded in a pro-
22 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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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 Sep-
8 tember 30, 2015: Provided, That funds appropriated,
9 transferred, or otherwise credited to the Central Intel-
10 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 Intel-
14 ligence Agency for advanced research and development ac-
15 quisition, for agent operations, and for covert action pro-
16 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 In-
21 telligence Agency may be used for the design, develop-
22 ment, and deployment of General Defense Intelligence
23 Program intelligence communications and intelligence in-
24 formation systems for the Services, the Unified and Speci-
25 fied Commands, and the component commands.
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1 SEC. 8034. Of the funds appropriated to the Depart-
2 ment of Defense under the heading ‘‘Operation and Main-
3 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 in-
7 formation, documenting of environmental damage, and de-
8 veloping a system for prioritization of mitigation and cost
9 to complete estimates for mitigation, on Indian lands re-
10 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, com-
14 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, wheth-
23 er the person should be debarred from contracting with
24 the Department of Defense.
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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 Depart-
4 ment of Defense, in expending the appropriation, purchase
5 only American-made equipment and products, provided
6 that American-made equipment and products are cost-
7 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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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 grant-
23 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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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 De-
2 fense that, on or after the date of the enactment of this
3 Act, is performed by Department of Defense civilian em-
4 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, require-
14 ment, or policy to the contrary shall have full authority
15 to enter into a contract for the performance of any com-
16 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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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 es-
15 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 com-
19 mercial activities.
20 (RESCISSIONS)
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1 ‘‘National Defense Sealift Fund’’, 2011/XXXX,
2 $10,000,000;
3 ‘‘Other Procurement, Army’’, 2012/2014,
4 $40,000,000;
5 ‘‘Aircraft Procurement, Navy’’, 2012/2014,
6 $10,000,000;
7 ‘‘Weapons Procurement, Navy’’, 2012/2014,
8 $33,300,000;
9 ‘‘Other Procurement, Navy’’, 2012/2014,
10 $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 Health Program’’, 2012/2014,
18 $144,518,000;
19 ‘‘Cooperative Threat Reduction Account’’,
20 2013/2015, $37,500,000;
21 ‘‘Other Procurement, Army’’, 2013/2015,
22 $45,426,000;
23 ‘‘Aircraft Procurement, Navy’’, 2013/2015,
24 $112,000,000;
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1 ‘‘Weapons Procurement, Navy’’, 2013/2015,
2 $5,000,000;
3 ‘‘Other Procurement, Navy’’, 2013/2015,
4 $7,979,000;
5 ‘‘Procurement, Marine Corps’’, 2013/2015,
6 $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, Defense-Wide’’, 2013/2015,
14 $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 Health Program’’, 2013/2014,
24 $998,000; and
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1 ‘‘Defense Health Program’’, 2013/2015,
2 $104,461,000.
3 SEC. 8041. None of the funds available in this Act
4 may be used to reduce the authorized positions for mili-
5 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 struc-
11 ture.
12 SEC. 8042. None of the funds appropriated or other-
13 wise made available in this Act may be obligated or ex-
14 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, Com-
18 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 coun-
23 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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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 as-
8 signed to military treatment facilities below the September
9 30, 2003, level: Provided, That the Service Surgeons Gen-
10 eral may waive this section by certifying to the congres-
11 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 inter-
17 diction or counter-drug activities may be transferred to
18 any other department or agency of the United States ex-
19 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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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 certi-
7 fying in writing to the Committees on Appropriations of
8 the House of Representatives and the Senate, that ade-
9 quate domestic supplies are not available to meet Depart-
10 ment of Defense requirements on a timely basis and that
11 such an acquisition must be made in order to acquire ca-
12 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 manu-
20 factured in the United States, unless the Secretary of De-
21 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 avail-
24 able from United States manufacturers.
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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 ap-
4 proves or implements the transfer of administrative re-
5 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 with-
8 out the express authorization of Congress: Provided, That
9 this limitation shall not apply to transfers of funds ex-
10 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 commit-
20 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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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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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)
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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 obliga-
4 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 per-
7 mit the use of equipment of the National Guard Distance
8 Learning Project by any person or entity on a space-avail-
9 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 Dis-
14 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 Repub-
24 lic of Germany: Provided, That in the City of
25 Kaiserslautern and at the Rhine Ordnance Barracks area,
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1 such agreements will include the use of United States an-
2 thracite as the base load energy for municipal district heat
3 to the United States Defense installations: Provided fur-
4 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 deliv-
11 ery to military forces for operational training, operational
12 use or inventory requirements: Provided, That this restric-
13 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 case-
19 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 coun-
10 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 bear-
21 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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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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1 bition in subsection (a)(1) if the Secretary of Defense de-
2 termines that such waiver is required by extraordinary cir-
3 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 exer-
12 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 De-
7 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 De-
10 fense, including areas in such military family housing
11 units that may be used for the purpose of conducting offi-
12 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, Defense-
16 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, in-
19 cluding a description of the project, the planned acquisi-
20 tion and transition strategy and its estimated annual and
21 total cost, has been provided in writing to the congres-
22 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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1 SEC. 8060. The Secretary of Defense shall provide
2 a classified quarterly report beginning 30 days after enact-
3 ment of this Act, to the House and Senate Appropriations
4 Committees, Subcommittees on Defense on certain mat-
5 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 Depart-
12 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 de-
15 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 author-
18 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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1 duty under section 502(f) of title 32, United States Code,
2 may perform duties in support of the ground-based ele-
3 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 no-
8 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 Depart-
12 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) ren-
15 dered incapable of reuse by the demilitarization process;
16 or (2) used to manufacture ammunition pursuant to a con-
17 tract with the Department of Defense or the manufacture
18 of ammunition for export pursuant to a License for Per-
19 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 des-
23 ignee, may waive payment of all or part of the consider-
24 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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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 fra-
4 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 Colum-
15 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 installa-
19 tion is located: Provided further, That such local procure-
20 ment requirements for malt beverages and wine shall
21 apply to all alcoholic beverages only for military installa-
22 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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1 the District of Columbia shall be procured from the most
2 competitive source, price and other factors considered.
3 (INCLUDING TRANSFER OF FUNDS)
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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)
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1 needs of military family members when confronted with
2 the illness or hospitalization of an eligible military bene-
3 ficiary.
4 (INCLUDING TRANSFER OF FUNDS)
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1 fense Architecture; and $44,363,000 shall be for the
2 Arrow System Improvement Program including develop-
3 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 com-
6 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)
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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 intel-
25 ligence activities are deemed to be specifically authorized
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1 by the Congress for purposes of section 504 of the Na-
2 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
3 year 2014 until the enactment of the Intelligence Author-
4 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 notifica-
11 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 sepa-
15 rate budget justification documents for costs of United
16 States Armed Forces’ participation in contingency oper-
17 ations for the Military Personnel accounts, the Operation
18 and Maintenance accounts, the Procurement accounts,
19 and the Research, Development, Test and Evaluation ac-
20 counts: Provided, That these documents shall include a de-
21 scription of the funding requested for each contingency op-
22 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 esti-
25 mated costs for each element of expense or object class,
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1 a reconciliation of increases and decreases for each contin-
2 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 op-
9 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, procure-
13 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 inter-
20 est, the Secretary shall make grants in the amounts speci-
21 fied as follows: $20,000,000 to the United Service Organi-
22 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 re-
6 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 in-
9 formation unless the information has been lawfully col-
10 lected and processed during the conduct of authorized for-
11 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 imple-
15 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 ac-
18 tive duty under section 12302(a) of title 10, United States
19 Code, each member shall be notified in writing of the ex-
20 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)
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1 and shall be considered for the same purposes as any sub-
2 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 develop-
7 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 Aer-
12 ial Vehicle (UAV) in order to support the Secretary of De-
13 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 Re-
18 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 exer-
22 cising with foreign security forces: Provided, That funds
23 made available for this purpose may be used, notwith-
24 standing any other funding authorities for humanitarian
25 assistance, security assistance or combined exercise ex-
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1 penses: Provided further, That funds may not be obligated
2 to provide assistance to any foreign country that is other-
3 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 ‘‘Ship-
16 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 Intel-
21 ligence shall submit a report to the congressional intel-
22 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 re-
12 programming or transfer until the report identified in sub-
13 section (a) is submitted to the congressional intelligence
14 committees, unless the Director of National Intelligence
15 certifies in writing to the congressional intelligence com-
16 mittees that such reprogramming or transfer is necessary
17 as an emergency requirement.
18 (INCLUDING TRANSFER OF FUNDS)
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1 sion are to be merged with and available for the same pur-
2 poses and time period as the appropriation to which trans-
3 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 appro-
8 priations Act shall be available for obligation or expendi-
9 ture through a reprogramming or transfer of funds in ac-
10 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 noti-
19 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 ac-
4 companying the Act unless the congressional intelligence
5 committees are notified 30 days in advance of such re-
6 programming of funds; this notification period may be re-
7 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 asso-
13 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 Perma-
20 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 Com-
23 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 Sec-
5 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 De-
8 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)
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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 agen-
8 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 Fed-
18 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 sub-
22 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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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 per-
11 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 determina-
15 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 Con-
21 gress, and simultaneously make public, any determination
22 under this subsection not less than 15 business days be-
23 fore the contract or subcontract addressed in the deter-
24 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 Commu-
3 nity Organizations for Reform Now (ACORN) or its sub-
4 sidiaries.
5 (INCLUDING TRANSFER OF FUNDS)
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1 Committees on Appropriations of the House of Represent-
2 atives and the Senate.
3 SEC. 8099. The Office of the Director of National
4 Intelligence shall not employ more Senior Executive em-
5 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 ex-
8 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 per-
17 sonnel or for force protection purposes up to a limit of
18 $250,000 per vehicle, notwithstanding price or other limi-
19 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 sup-
3 plement other Federal funds, to remain available until ex-
4 pended, to support critical existing and enduring military
5 installations and missions on Guam, as well as any poten-
6 tial Department of Defense growth: (1) $106,400,000 for
7 addressing the need for civilian water and wastewater im-
8 provements, and (2) $13,000,000 for construction of a re-
9 gional public health laboratory: Provided, That the Sec-
10 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 de-
13 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 bene-
16 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 90-
24 day period; (2) the Department of Defense and the Vir-
25 ginia Department of Transportation agree on the number
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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 noti-
4 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 mod-
15 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 as-
9 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 Intel-
13 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)
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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 per-
4 sonnel; operation and maintenance; research, development,
5 test and evaluation; and procurement, only for the pur-
6 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 pur-
12 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 com-
20 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 de-
25 tailed above in fiscal year 2014: Provided further, That
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1 the prohibition in section 2244a(a) of title 10, United
2 States Code, shall not apply to the use of any funds trans-
3 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 mili-
13 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 fur-
18 ther, That in addition to amounts appropriated or other-
19 wise made available by this Act, $1,000,000 shall be avail-
20 able for the review.
21 SEC. 8109. Notwithstanding any other provision of
22 this Act, to reflect savings due to favorable foreign ex-
23 change rates, the total amount appropriated in this Act
24 is hereby reduced by $380,000,000.
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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 sec-
17 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 ef-
25 fective control of the Department of Defense.
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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 cor-
19 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 agree-
23 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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1 or debarment of the corporation and made a determination
2 that this further action is not necessary to protect the in-
3 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 cor-
8 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, un-
11 less the agency has considered suspension or debarment
12 of the corporation and made a determination that this fur-
13 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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1 2013 to be in violation of the standards of the Child Sol-
2 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 Res-
10 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 pur-
14 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 Memo-
24 randum-Federal Fleet Performance, dated May 24, 2011.
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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 pro-
10 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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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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1 (INCLUDING TRANSFER OF FUNDS)
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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 des-
8 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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1 ered an admission or acknowledgement of any legal obliga-
2 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 ap-
6 propriate in a particular setting, the amounts of pay-
7 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 condi-
13 tions.
14 (e) LEGAL ADVICE.—Local military commanders
15 shall receive legal advice before making ex gratia pay-
16 ments under this subsection. The legal advisor, under reg-
17 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 appro-
23 priate office in the Department of Defense as determined
24 by the Secretary of Defense.
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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 in-
4 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 environ-
12 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 oper-
19 ation and maintenance appropriations: Provided further,
20 That the Secretary of Defense shall notify the congres-
21 sional defense committees of the reduction by appropria-
22 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 Ag-
6 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 pro-
9 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 De-
16 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 re-
21 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 Sec-
24 retary of Defense submits the certification to the congres-
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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 con-
5 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 dem-
9 onstration team at a location outside of the United States:
10 Provided, That this prohibition applies only if a perform-
11 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 Na-
20 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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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 there-
4 of in contravention of section 1246(c) of the National De-
5 fense Authorization Act for Fiscal Year 2014, relating to
6 limitations on providing certain missile defense informa-
7 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: Pro-
10 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 Op-
8 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 des-
14 ignated by the Congress for Overseas Contingency Oper-
15 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 Con-
22 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 des-
11 ignated by the Congress for Overseas Contingency Oper-
12 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 des-
18 ignated by the Congress for Overseas Contingency Oper-
19 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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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 Op-
8 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 Con-
15 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 Con-
22 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 OPERATION AND MAINTENANCE
2 OPERATION AND MAINTENANCE, ARMY
3 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 Con-
6 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 AND MAINTENANCE, NAVY
10 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 Con-
13 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 AND MAINTENANCE, MARINE CORPS
17 For an additional amount for ‘‘Operation and Main-
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 pursu-
21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
22 and Emergency Deficit Control Act of 1985.
23 OPERATION AND MAINTENANCE, AIR FORCE
24 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 pursu-
3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
4 and Emergency Deficit Control Act of 1985.
5 OPERATION AND MAINTENANCE, DEFENSE-WIDE
6 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, includ-
12 ing access, provided to United States military operations
13 in support of Operation Enduring Freedom: Provided fur-
14 ther, That these funds may be used to reimburse the gov-
15 ernment of Jordan, in such amounts as the Secretary of
16 Defense may determine, to maintain the ability of the Jor-
17 danian armed forces to maintain security along the border
18 between Jordan and Syria, upon 15 day prior written noti-
19 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 author-
23 izing appropriations for fiscal year 2014 for military ac-
24 tivities of the Department of Defense, as reported: Pro-
25 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 consulta-
3 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 sup-
7 port provided, and such determination is final and conclu-
8 sive upon the accounting officers of the United States, and
9 15 days following notification to the appropriate congres-
10 sional committees: Provided further, That the requirement
11 under this heading to provide notification to the appro-
12 priate congressional committees shall not apply with re-
13 spect to a reimbursement for access based on an inter-
14 national agreement: Provided further, That these funds
15 may be used for the purpose of providing specialized train-
16 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 congres-
21 sional committees: Provided further, That the Secretary of
22 Defense shall provide quarterly reports to the congres-
23 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 AND MAINTENANCE, ARMY RESERVE
5 For an additional amount for ‘‘Operation and Main-
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 pursu-
9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
10 and Emergency Deficit Control Act of 1985.
11 OPERATION AND MAINTENANCE, NAVY RESERVE
12 For an additional amount for ‘‘Operation and Main-
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 pursu-
16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
17 and Emergency Deficit Control Act of 1985.
18 OPERATION AND MAINTENANCE, MARINE CORPS
19 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 Over-
23 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 AND MAINTENANCE, AIR FORCE RESERVE
2 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 pursu-
6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8 OPERATION AND MAINTENANCE, ARMY NATIONAL
9 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 Over-
13 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 AND MAINTENANCE, AIR NATIONAL GUARD
17 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 Over-
20 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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1 AFGHANISTAN INFRASTRUCTURE FUND
2 (INCLUDING TRANSFER OF FUNDS)
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338
1 Assistance Act of 1961 for purposes of making available
2 the administrative authorities contained in that Act: Pro-
3 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 counter-
12 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 ap-
15 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 pro-
18 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: Pro-
2 vided further, That the ‘‘appropriate committees of Con-
3 gress’’ are the Committees on Armed Services, Foreign
4 Relations and Appropriations of the Senate and the Com-
5 mittees on Armed Services, Foreign Affairs and Appro-
6 priations of the House of Representatives: Provided fur-
7 ther, That such amount is designated by the Congress for
8 Overseas Contingency Operations/Global War on Ter-
9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
10 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, Com-
17 bined Security Transition Command—Afghanistan, or the
18 Secretary’s designee, to provide assistance, with the con-
19 currence of the Secretary of State, to the security forces
20 of Afghanistan, including the provision of equipment, sup-
21 plies, services, training, facility and infrastructure repair,
22 renovation, and construction, and funding: Provided fur-
23 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 organiza-
3 tion may be credited to this Fund, to remain available
4 until expended, and used for such purposes: Provided fur-
5 ther, That the Secretary of Defense shall notify the con-
6 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 de-
13 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 trans-
20 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, Com-
25 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 Over-
9 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 Sep-
16 tember 30, 2016: Provided, That such amount is des-
17 ignated by the Congress for Overseas Contingency Oper-
18 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 Sep-
24 tember 30, 2016: Provided, That such amount is des-
25 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 OF AMMUNITION, ARMY
5 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 des-
8 ignated by the Congress for Overseas Contingency Oper-
9 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 Sep-
15 tember 30, 2016: Provided, That such amount is des-
16 ignated by the Congress for Overseas Contingency Oper-
17 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 Sep-
6 tember 30, 2016: Provided, That such amount is des-
7 ignated by the Congress for Overseas Contingency Oper-
8 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 AMMUNITION, NAVY AND MARINE
12 CORPS
13 For an additional amount for ‘‘Procurement of Am-
14 munition, Navy and Marine Corps’’, $169,362,000, to re-
15 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 pursu-
18 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 Sep-
23 tember 30, 2016: Provided, That such amount is des-
24 ignated by the Congress for Overseas Contingency Oper-
25 ations/Global War on Terrorism pursuant to section
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344
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 Sep-
6 tember 30, 2016: Provided, That such amount is des-
7 ignated by the Congress for Overseas Contingency Oper-
8 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 Sep-
14 tember 30, 2016: Provided, That such amount is des-
15 ignated by the Congress for Overseas Contingency Oper-
16 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 OF AMMUNITION, AIR FORCE
20 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 des-
7 ignated by the Congress for Overseas Contingency Oper-
8 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 Sep-
14 tember 30, 2016: Provided, That such amount is des-
15 ignated by the Congress for Overseas Contingency Oper-
16 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 AND RESERVE EQUIPMENT
20 For procurement of aircraft, missiles, tracked combat
21 vehicles, ammunition, other weapons and other procure-
22 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 Na-
25 tional Guard and Reserve components shall, not later than
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346
1 30 days after the enactment of this Act, individually sub-
2 mit to the congressional defense committees the mod-
3 ernization priority assessment for their respective Na-
4 tional Guard or Reserve component: Provided further,
5 That such amount is designated by the Congress for Over-
6 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 AND EVALUATION,
12 ARMY
13 For an additional amount for ‘‘Research, Develop-
14 ment, Test and Evaluation, Army’’, $13,500,000, to re-
15 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 pursu-
18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
19 and Emergency Deficit Control Act of 1985.
20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
21 NAVY
22 For an additional amount for ‘‘Research, Develop-
23 ment, Test and Evaluation, Navy’’, $34,426,000, to re-
24 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 pursu-
2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
3 and Emergency Deficit Control Act of 1985.
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
5 AIR FORCE
6 For an additional amount for ‘‘Research, Develop-
7 ment, Test and Evaluation, Air Force’’, $9,000,000, to re-
8 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 pursu-
11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
12 and Emergency Deficit Control Act of 1985.
13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
14 DEFENSE-WIDE
15 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 Over-
19 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 Con-
2 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 AND COUNTER-DRUG ACTIVITIES,
15 DEFENSE
16 For an additional amount for ‘‘Drug Interdiction and
17 Counter-Drug Activities, Defense’’, $376,305,000, to re-
18 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 pursu-
21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
22 and Emergency Deficit Control Act of 1985.
L:\vr\011314\R011314.008.xml
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349
1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
2 (INCLUDING TRANSFER OF FUNDS)
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350
1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 OFFICE OF THE INSPECTOR GENERAL
4 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 Con-
7 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)
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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 con-
7 struction project funded with appropriations available for
8 operation and maintenance, ‘‘Afghanistan Infrastructure
9 Fund’’, or the ‘‘Afghanistan Security Forces Fund’’ pro-
10 vided in this Act and executed in direct support of over-
11 seas contingency operations in Afghanistan, may be obli-
12 gated at the time a construction contract is awarded: Pro-
13 vided, That for the purpose of this section, supervision and
14 administration costs and costs for design during construc-
15 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) pas-
20 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 pas-
25 senger carrying vehicles.
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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 re-
7 spond to urgent, small-scale, humanitarian relief and re-
8 construction requirements within their areas of responsi-
9 bility: Provided, That each project (including any ancillary
10 or related elements in connection with such project) exe-
11 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 re-
15 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 here-
19 in: Provided further, That, not later than 30 days after
20 the end of each month, the Army shall submit to the con-
21 gressional defense committees monthly commitment, obli-
22 gation, and expenditure data for the Commander’s Emer-
23 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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1 any other provision of law for the purposes described here-
2 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 con-
5 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, not-
24 withstanding any other provision of law, to provide sup-
25 plies, services, transportation, including airlift and sealift,
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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 re-
4 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 obli-
8 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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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 obli-
17 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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1 any project in excess of $5,000,000 from the Com-
2 mander’s Emergency Response Program (CERP): Pro-
3 vided further, That the Department of Defense must cer-
4 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 pro-
7 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 de-
13 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 contin-
16 gency operations overseas, such funds may be used to pur-
17 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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1 strategic business and economic assistance activities in Af-
2 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 ‘‘Oper-
11 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 Gov-
14 ernment transition activities in Iraq by funding the oper-
15 ations and activities of the Office of Security Cooperation
16 in Iraq and security assistance teams, including life sup-
17 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: Pro-
20 vided, That to the extent authorized under the National
21 Defense Authorization Act for Fiscal Year 2014, the oper-
22 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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1 Counter Terrorism Service personnel in an institutional
2 environment to address capability gaps, integrate proc-
3 esses relating to intelligence, air sovereignty, combined
4 arms, logistics and maintenance, and to manage and inte-
5 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 deter-
10 mine are needed after the end of fiscal year 2014, to exist-
11 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 sec-
16 tion, the Secretary of Defense shall submit to the congres-
17 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 con-
21 ducted during fiscal year 2014.
22 (RESCISSIONS)
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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 pursu-
4 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 Procurement, Army, 2013/2015’’,
9 $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 pay-
13 ments under section 1233 of Public Law 110–181 for re-
14 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 para-
23 graph (a) on a case-by-case basis by certifying in writing
24 to the Committees on Appropriations of the House of Rep-
25 resentatives and the Senate that it is in the national secu-
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1 rity interest to do so: Provided, That if the Secretary of
2 Defense, in coordination with the Secretary of State, exer-
3 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 con-
17 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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1 TITLE X—MILITARY DISABILITY
2 RETIREMENT AND SURVIVOR
3 BENEFIT ANNUITY RESTORA-
4 TION
5 SECTION 10001. INAPPLICABILITY OF ANNUAL ADJUST-
12 ITIES.
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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-
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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 amend-
7 ments made by that section.
8 (d) EXCLUSION OF BUDGETARY EFFECTS FROM
9 PAYGO SCORECARDS.—
10 (1) STATUTORY PAY-AS-YOU-GO SCORECARDS.—
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1 DIVISION D—ENERGY AND WATER DEVEL-
2 OPMENT AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2014
4 TITLE I
5 CORPS OF ENGINEERS—CIVIL
6 DEPARTMENT OF THE ARMY
7 CORPS OF ENGINEERS—CIVIL
8 The following appropriations shall be expended under
9 the direction of the Secretary of the Army and the super-
10 vision of the Chief of Engineers for authorized civil func-
11 tions of the Department of the Army pertaining to river
12 and harbor, flood and storm damage reduction, shore pro-
13 tection, aquatic ecosystem restoration, and related efforts.
14 INVESTIGATIONS
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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 reconnais-
4 sance study starts during fiscal year 2014: Provided fur-
5 ther, That the new reconnaissance study starts will consist
6 of three studies where the majority of the benefits are de-
7 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 environ-
12 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 stud-
15 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
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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 specifica-
4 tions, shall not constitute a commitment of the Govern-
5 ment to construction); $1,656,000,000, to remain avail-
6 able until expended; of which such sums as are necessary
7 to cover the Federal share of construction costs for facili-
8 ties under the Dredged Material Disposal Facilities pro-
9 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 In-
14 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 In-
18 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 fur-
21 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 major-
25 ity of the benefits are derived from environmental restora-
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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: Pro-
4 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 Appropria-
7 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 de-
11 viate from the new starts proposed in the work plan, once
12 the plan has been submitted to the Committees on Appro-
13 priations of the House of Representatives and the Senate.
14 MISSISSIPPI RIVER AND TRIBUTARIES
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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, includ-
4 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 con-
9 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 oper-
13 ation and maintenance costs for coastal harbors and chan-
14 nels, and for inland harbors shall be derived from the Har-
15 bor Maintenance Trust Fund; of which such sums as be-
16 come available from the special account for the Corps of
17 Engineers established by the Land and Water Conserva-
18 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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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 begin-
5 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 En-
9 gineers shall allocate during the fourth quarter any re-
10 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
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1 operations, repairs, and other activities in response to
2 such disasters as authorized by law, $28,000,000, to re-
3 main available until expended.
4 EXPENSES
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1 activities in response to any flood, hurricane, or other nat-
2 ural disaster.
3 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY
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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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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-
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1 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—
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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, ex-
13 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 Devel-
18 opment, shall be used to award any continuing contract
19 that commits additional funding from the Inland Water-
20 ways Trust Fund unless or until such time that a long-
21 term mechanism to enhance revenues in this Fund suffi-
22 cient to meet the cost-sharing authorized in the Water Re-
23 sources Development Act of 1986 (Public Law 99–662)
24 is enacted.
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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 mat-
4 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 imple-
9 ment measures recommended in the efficacy study author-
10 ized under section 3061 of the Water Resources Develop-
11 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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1 nel located at the entrance to the harbor at Ipswich Har-
2 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 Har-
9 bor Acts of March 3, 1899 and March 2, 1919, and that
10 begins at the southwest corner of the Metropolitan Sani-
11 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 approxi-
14 mately 1,000 feet, then south approximately 290 feet,
15 thence west approximately 1,000 feet to the point of begin-
16 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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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 de-
3 grees 44 minutes 30.4 seconds west 165.98 feet to a point
4 N220,676.08, E357,587.16 thence running north 0 de-
5 grees 46 minutes 0.9 seconds east 138.96 feet to a point
6 N220,815.03, E357,589.02 thence running north 8 de-
7 grees 36 minutes 22.9 seconds east 101.57 feet to a point
8 N220,915.46, E357,604.22 thence running north 18 de-
9 grees 18 minutes 27.3 seconds east 168.20 feet to a point
10 N221,075.14, E357,657.05 thence running north 34 de-
11 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 de-
15 grees 45 minutes 30.5 seconds west 230.46 feet to a point
16 N220,941.20, E357,612.85 thence running south 10 de-
17 grees 49 minutes12.0 seconds west 95.46 feet to a point
18 N220,847.44, E357,594.93 thence running south 9 de-
19 grees 13 minutes 44.5 seconds east 491.68 feet to a point
20 N220,362.12, E357,673.79 thence running south 35 de-
21 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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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 Sec-
13 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 re-
21 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 sec-
25 tion 103(b) of the Marine Protection Research and Sanc-
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1 tuaries Act of 1972, shall remain open for 5 years after
2 enactment of this Act, until the remaining disposal capac-
3 ity of the site has been utilized, or until completion of an
4 Environmental Impact Statement to support final des-
5 ignation of an Ocean Dredged Material Disposal Site for
6 southern Maine under section 102(c) of the Marine Pro-
7 tection Research and Sanctuaries Act of 1972, whichever
8 first occurs, provided that the site conditions remain suit-
9 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 Sep-
20 tember 30, 2014, to develop, adopt, implement, admin-
21 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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1 SEC. 116. During fiscal year 2014, any work that is
2 required to be undertaken on a flood control project be-
3 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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1 TITLE II
2 DEPARTMENT OF THE INTERIOR
3 CENTRAL UTAH PROJECT
4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
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1 WATER AND RELATED RESOURCES
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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 head-
4 ing: Provided further, That of the amounts provided here-
5 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
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1 CALIFORNIA BAY-DELTA RESTORATION
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1 in this Act shall be available for activities or functions
2 budgeted as policy and administration expenses.
3 ADMINISTRATIVE PROVISION
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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 re-
15 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 deter-
19 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 En-
24 vironmental Protection Agency, to minimize any detri-
25 mental effect of the San Luis drainage waters.
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1 (b) The costs of the Kesterson Reservoir Cleanup
2 Program and the costs of the San Joaquin Valley Drain-
3 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-Al-
6 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative
7 Repayment Plan’’ described in the report entitled ‘‘Repay-
8 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 serv-
13 ice or drainage studies for the San Luis Unit shall be fully
14 reimbursable by San Luis Unit beneficiaries of such serv-
15 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 Ap-
20 propriations Act, 2012, (Public Law 112–74) is completed
21 and any necessary changes are made to Technical Memo-
22 randum 8140–CC–2004–1 (‘‘Corrosion Considerations for
23 Buried Metallic Water Pipe’’) in accordance with sub-
24 section (c)—
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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 cor-
15 rosion prevention requirements that the Bureau of Rec-
16 lamation proposes for such project, Reclamation shall give
17 expeditious consideration to granting the deviation and in-
18 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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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 pro-
12 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 pur-
16 chase of stored water, the purchase of shares or an inter-
17 est in ground banking facilities, or the use of Central Val-
18 ley Project water as a medium of payment for ground-
19 water banking services: Provided, That the Secretary of
20 the Interior shall participate in groundwater banking pro-
21 grams only to the extent allowed under State law and con-
22 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 Munic-
4 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 Spe-
9 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 tem-
19 porary service contractors within the place of use in exist-
20 ence on the date of the transfer, as identified in the Bu-
21 reau of Reclamation water rights permits for the Friant
22 Division, shall hereafter be considered to meet the condi-
23 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 prac-
7 ticable, programmatic environmental compliance so as to
8 facilitate voluntary water transfers within the Central Val-
9 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 Rep-
15 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 Cen-
18 tral Valley Project and water transfers between the Cen-
19 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, ref-
23 uges, and communities; and provides recommendations on
24 ways to facilitate and improve the process for these trans-
25 fers.
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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 amend-
8 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 docu-
17 ments associated with the preparation of planning and fea-
18 sibility studies and applicable environmental reviews under
19 the National Environmental Policy Act for a project cov-
20 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 en-
25 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 Environ-
4 mental Policy Act shall be utilized, including in the com-
5 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 expe-
11 dited by a joint powers authority as a non-Federal project
12 or if the project fails to meet applicable Federal cost-ben-
13 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 ENERGY EFFICIENCY AND RENEWABLE ENERGY
5 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
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398
1 gress as an emergency requirement pursuant to a concur-
2 rent resolution on the budget or the Balanced Budget and
3 Emergency Deficit Control Act of 1985.
4 ELECTRICITY DELIVERY AND ENERGY RELIABILITY
5 For Department of Energy expenses including the
6 purchase, construction, and acquisition of plant and cap-
7 ital equipment, and other expenses necessary for elec-
8 tricity delivery and energy reliability activities in carrying
9 out the purposes of the Department of Energy Organiza-
10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
11 tion or condemnation of any real property or any facility
12 or for plant or facility acquisition, construction, or expan-
13 sion, $147,306,000, to remain available until expended:
14 Provided, That $27,606,000 shall be available until Sep-
15 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 cap-
19 ital equipment, and other expenses necessary for nuclear
20 energy activities in carrying out the purposes of the De-
21 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 acquisi-
24 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 AND DEVELOPMENT
6 For necessary expenses in carrying out fossil energy
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, includ-
10 ing defeasible and equitable interests in any real property
11 or any facility or for plant or facility acquisition or expan-
12 sion, and for conducting inquiries, technological investiga-
13 tions and research concerning the extraction, processing,
14 use, and disposal of mineral substances without objection-
15 able social and environmental costs (30 U.S.C. 3, 1602,
16 and 1603), $562,065,000, to remain available until ex-
17 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 AND OIL SHALE RESERVES
24 For expenses necessary to carry out naval petroleum
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 cap-
24 ital equipment and other expenses necessary for non-de-
25 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 con-
3 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 AND
7 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 de-
13 rived from the Uranium Enrichment Decontamination and
14 Decommissioning Fund, to remain available until ex-
15 pended.
16 SCIENCE
17 For Department of Energy expenses including the
18 purchase, construction, and acquisition of plant and cap-
19 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.), in-
22 cluding the acquisition or condemnation of any real prop-
23 erty or facility or for plant or facility acquisition, construc-
24 tion, or expansion, and purchase of not more than 25 pas-
25 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: Pro-
3 vided, That $185,000,000 shall be available until Sep-
4 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 Thermo-
7 nuclear Experimental Reactor project until its governing
8 Council adopts the recommendations of the Third Biennial
9 International Organization Management Assessment Re-
10 port: Provided further, That the Secretary of Energy may
11 waive this requirement upon submission to the Commit-
12 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 rec-
15 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 Con-
7 gressional Budget Act of 1974: Provided, That, for nec-
8 essary administrative expenses to carry out this Loan
9 Guarantee program, $42,000,000 is appropriated, to re-
10 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 adminis-
14 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 appro-
20 priated: Provided further, That the Department of Energy
21 shall not subordinate any loan obligation to other financ-
22 ing in violation of section 1702 of the Energy Policy Act
23 of 2005 (42 U.S.C. 16512) or subordinate any Guaran-
24 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 Pro-
7 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 car-
12 rying out the purposes of the Department of Energy Orga-
13 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 notwith-
19 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, notwith-
2 standing the provisions of 31 U.S.C. 3302: Provided fur-
3 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 OF THE INSPECTOR GENERAL
8 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)
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406
1 $7,845,000,000, to remain available until expended: Pro-
2 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 stock-
8 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 re-
13 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 cap-
19 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.), includ-
5 ing the acquisition (by purchase, condemnation, construc-
6 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: Pro-
9 vided, That $43,212,000 shall be available until Sep-
10 tember 30, 2015, for program direction.
11 OFFICE OF THE ADMINISTRATOR
12 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 ex-
16 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 cap-
22 ital equipment and other expenses necessary for atomic
23 energy defense environmental cleanup activities in car-
24 rying out the purposes of the Department of Energy Orga-
25 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 expan-
3 sion, and the purchase of not to exceed one sport utility
4 vehicle, three lube trucks, and one fire truck for replace-
5 ment only, $5,000,000,000, to remain available until ex-
6 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 cap-
11 ital equipment and other expenses, necessary for atomic
12 energy defense, other defense activities, and classified ac-
13 tivities, in carrying out the purposes of the Department
14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
15 cluding the acquisition or condemnation of any real prop-
16 erty or any facility or for plant or facility acquisition, con-
17 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 cus-
2 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 Stur-
8 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 Con-
19 trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
20 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 sec-
24 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 re-
3 main available until expended for the sole purpose of fund-
4 ing the annual expenses of the Southeastern Power Ad-
5 ministration: Provided further, That the sum herein appro-
6 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 re-
18 covered in the same year that they are incurred (excluding
19 purchase power and wheeling expenses).
20 OPERATION AND MAINTENANCE, SOUTHWESTERN
21 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 recep-
2 tion and representation expenses in an amount not to ex-
3 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 South-
5 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 ac-
11 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 Adminis-
14 tration: Provided further, That the sum herein appro-
15 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 South-
20 western Power Administration pursuant to the Flood Con-
21 trol Act of 1944 to recover purchase power and wheeling
22 expenses shall be credited to this account as offsetting col-
23 lections, to remain available until expended for the sole
24 purpose of making purchase power and wheeling expendi-
25 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 in-
3 curred (excluding purchase power and wheeling expenses).
4 CONSTRUCTION, REHABILITATION, OPERATION AND
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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 esti-
3 mated at not more than $95,930,000, of which
4 $88,030,000 is derived from the Reclamation Fund: Pro-
5 vided further, That notwithstanding 31 U.S.C. 3302, up
6 to $230,738,000 collected by the Western Area Power Ad-
7 ministration pursuant to the Flood Control Act of 1944
8 and the Reclamation Project Act of 1939 to recover pur-
9 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, pur-
18 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 AND MAINTENANCE
23 FUND
24 For operation, maintenance, and emergency costs for
25 the hydroelectric facilities at the Falcon and Amistad
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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 Ad-
4 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 Adminis-
8 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 appro-
15 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 ap-
19 propriation, annual expenses means expenditures that are
20 generally recovered in the same year that they are in-
21 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 limi-
6 tation for use by the Commissioner of the United States
7 Section of the International Boundary and Water Com-
8 mission for the sole purpose of operating, maintaining, re-
9 pairing, rehabilitating, replacing, or upgrading the hydro-
10 electric facilities at these Dams in accordance with agree-
11 ments reached between the Administrator, Commissioner,
12 and the power customers.
13 FEDERAL ENERGY REGULATORY COMMISSION
14 SALARIES AND EXPENSES
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416
1 penses in this account, and shall remain available until
2 expended: Provided further, That the sum herein appro-
3 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)
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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 Other Transaction Agreement totaling
6 $1,000,000 or more, including a contract cov-
7 ered by the Federal Acquisition Regulation;
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 au-
6 thority made available in this title under the heading ‘‘De-
7 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 ac-
23 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De-
24 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 Appropria-
6 tions of the House of Representatives and the Senate at
7 least 30 days prior to the use of any proposed reprogram-
8 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 re-
14 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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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 avail-
15 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 ac-
18 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 classi-
5 fied as high-hazard nuclear facilities under 10 CFR Part
6 830 unless independent oversight is conducted by the Of-
7 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 deci-
16 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 amend-
21 ed, shall be valid for not more than 2 calendar years sub-
22 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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1 and Senate Committees on Appropriations of the fol-
2 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 strik-
17 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 Depart-
22 ment of Energy employees to carry out the amendments
23 made by section 407 of division A of the American Recov-
24 ery and Reinvestment Act of 2009.
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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, contractor-
4 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 ‘‘De-
12 partment of Energy—Energy Programs—Science’’ may
13 be used for a multiyear contract, grant, cooperative agree-
14 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 Au-
13 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 re-
17 furbishment program that reaches the Phase 6.3 mile-
18 stone, and not later than April 1, 2014 for the B61–12
19 life extension program, that provides an analysis of alter-
20 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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425
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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1 SEC. 313. (a) IN GENERAL.—Subject to subsections
2 (b) through (d), the Secretary may appoint, without re-
3 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 sci-
6 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 ANNUAL COMPENSATION.—The
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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 GENERAL.—The Secretary shall ensure
11 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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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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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 con-
6 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 re-
12 duced to reflect savings from limiting foreign travel for
13 contractors working for the Department of Energy, con-
14 sistent with similar savings achieved for Federal employ-
15 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 sub-
20 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 con-
25 cerns owned and controlled by socially and economically
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1 disadvantaged individuals, and small business concerns
2 owned and controlled by women, shall be considered to-
3 ward the annually established agency and Government-
4 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 Na-
8 tional Energy Laboratories.’’ The National Energy Lab-
9 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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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 (c) COMMISSION REVIEW AND RECOMMENDA-
25 TIONS.—
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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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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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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 at-
20 risk award fees for Management and Operating contrac-
21 tors that result in award term extensions.
22 SEC. 321. To further the research, development, and
23 demonstration of national nuclear security-related enrich-
24 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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1 under the heading ‘‘National Nuclear Security Adminis-
2 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 cost-
6 benefit analysis of available and prospective domestic en-
7 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 by the tables contained in section
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.
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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 nec-
7 essary expenses for the Federal Co-Chairman and the Al-
8 ternate on the Appalachian Regional Commission, for pay-
9 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
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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 cap-
6 ital equipment as necessary and other expenses,
7 $10,000,000, to remain available until expended, notwith-
8 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 Com-
13 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 com-
17 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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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
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1 Provided further, That the sum herein appropriated shall
2 be reduced by the amount of revenues received during fis-
3 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 orga-
8 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
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1 be reduced by the amount of revenues received during fis-
2 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
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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 In-
4 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 Com-
10 mission, the Committees on Appropriations of the House
11 of Representatives and the Senate, the Committee on En-
12 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 expla-
20 nation of the circumstances warranting the exercise of
21 such authority. The Chairman shall report to the Commit-
22 tees, not less frequently than once each week, on the ac-
23 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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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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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 commu-
7 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 cor-
13 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, un-
16 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 cor-
24 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 agree-
3 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 deter-
7 mination that this further action is not necessary to pro-
8 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 Govern-
12 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 instru-
18 mentality of the United States Government may provide
19 goods or services to another department, agency, or in-
20 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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1 priations Act for any fiscal year, transfer authority ref-
2 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 de-
12 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 pur-
18 poses for which they were transferred, and shall not re-
19 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 Low-
25 Income Populations’’).
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1 This division may be cited as the ‘‘Energy and Water
2 Development and Related Agencies Appropriations Act,
3 2014’’.
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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
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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
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1 OFFICE OF INSPECTOR GENERAL
18 ADMINISTRATION
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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 Administra-
9 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
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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)
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1 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
2 SALARIES AND EXPENSES
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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 ex-
9 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 assist-
12 ance, technical assistance, training and outreach pro-
13 grams, designed to benefit Native American, Native Ha-
14 waiian, and Alaskan Native communities and provided pri-
15 marily through qualified community development lender
16 organizations with experience and expertise in community
17 development banking and lending in Indian country, Na-
18 tive American organizations, tribes and tribal organiza-
19 tions and other suitable providers; of which, notwith-
20 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 offer-
25 ing affordable financing and technical assistance to ex-
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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 admin-
5 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 de-
12 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 di-
15 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 Commu-
18 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 guaran-
22 teed under such section, as defined in section 502 of the
23 Congressional Budget Act of 1974.
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1 INTERNAL REVENUE SERVICE
2 TAXPAYER SERVICES
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1 related to violations of internal revenue laws and other fi-
2 nancial crimes, to purchase (for police-type use, not to ex-
3 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
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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 re-
4 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 rep-
7 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 Gen-
11 eral of the United States detailing the cost and schedule
12 performance for its major information technology invest-
13 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 fur-
19 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
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1 $312,938,000, to remain available until September 30,
2 2016, for the capital asset acquisition of information tech-
3 nology systems, including management and related con-
4 tractual costs of said acquisitions, including related Inter-
5 nal Revenue Service labor costs, and contractual costs as-
6 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 Appro-
10 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 in-
13 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
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1 other Internal Revenue Service appropriation upon the ad-
2 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 im-
7 partial application of tax law.
8 SEC. 103. The Internal Revenue Service shall insti-
9 tute and enforce policies and procedures that will safe-
10 guard the confidentiality of taxpayer information and pro-
11 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 suffi-
15 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 deter-
24 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 vic-
10 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 Con-
15 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 ‘‘Tax-
24 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’
25 accounts of the Internal Revenue Service for an additional
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1 amount to be used solely to improve the delivery of serv-
2 ices to taxpayers, to improve the identification and preven-
3 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 Represent-
10 atives and the Senate a spending plan for such funds: Pro-
11 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 OF THE
15 TREASURY
16 (INCLUDING TRANSFERS OF FUNDS)
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1 of health and medical services to employees and their de-
2 pendents serving in foreign countries; and services author-
3 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 ‘‘De-
6 partmental Offices—Salaries and Expenses’’, ‘‘Office of
7 Inspector General’’, ‘‘Special Inspector General for the
8 Troubled Asset Relief Program’’, ‘‘Financial Crimes En-
9 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 Gen-
19 eral for Tax Administration’s appropriation upon the ad-
20 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 appro-
23 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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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 Collec-
9 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 mu-
13 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 Engrav-
21 ing and Printing, and the United States Mint, individually
22 or collectively, may be used to consolidate any or all func-
23 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 Represent-
3 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 De-
6 partment of the Treasury’s intelligence or intelligence re-
7 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 Indus-
14 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 Appro-
18 priations of the Senate and the House of Representatives
19 not later than 30 days following the submission of the an-
20 nual budget submitted by the President: Provided, That
21 such Capital Investment Plan shall include capital invest-
22 ment spending from all accounts within the Department
23 of the Treasury, including but not limited to the Depart-
24 ment-wide Systems and Capital Investment Programs ac-
25 count, the Working Capital Fund account, and the Treas-
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1 ury Forfeiture Fund account: Provided further, That such
2 Capital Investment Plan shall include expenditures occur-
3 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 Ap-
9 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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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 Work-
11 ing Capital Fund including the amount charged for each
12 service provided by the Working Capital Fund to each of-
13 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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1 TITLE II
2 EXECUTIVE OFFICE OF THE PRESIDENT AND
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 THE WHITE HOUSE
5 SALARIES AND EXPENSES
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1 REIMBURSABLE EXPENSES
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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 out-
7 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 miscella-
11 neous receipts: Provided further, That the Executive Resi-
12 dence shall prepare and submit to the Committees on Ap-
13 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 Res-
16 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 Res-
3 idence from any other applicable requirement of sub-
4 chapter I or II of chapter 37 of title 31, United States
5 Code.
6 WHITE HOUSE REPAIR AND RESTORATION
7 For the repair, alteration, and improvement of the
8 Executive Residence at the White House, $750,000, to re-
9 main available until expended, for required maintenance,
10 resolution of safety and health issues, and continued pre-
11 ventative maintenance.
12 COUNCIL OF ECONOMIC ADVISERS
13 SALARIES AND EXPENSES
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472
1 OFFICE OF ADMINISTRATION
2 SALARIES AND EXPENSES
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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 wit-
4 nesses, except for testimony of officials of the Office of
5 Management and Budget, before the Committees on Ap-
6 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 Manage-
9 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 re-
18 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 60-
21 day review is initiated: Provided further, That if water re-
22 source reports have not been transmitted to the appro-
23 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 accord-
3 ingly.
4 OFFICE OF NATIONAL DRUG CONTROL POLICY
5 SALARIES AND EXPENSES
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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 trans-
7 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 fis-
13 cal year 2012 may be used for any other approved activi-
14 ties of that HIDTA, subject to reprogramming require-
15 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 Rep-
19 resentatives and the Senate justification for changes to
20 those levels based on clearly articulated priorities and pub-
21 lished Office of National Drug Control Policy performance
22 measures of effectiveness: Provided further, That the Di-
23 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 consulta-
3 tion with the HIDTA Directors, not later than 90 days
4 after enactment of this Act.
5 OTHER FEDERAL DRUG CONTROL PROGRAMS
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477
1 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
2 (INCLUDING TRANSFER OF FUNDS)
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1 DATA-DRIVEN INNOVATION
2 (INCLUDING TRANSFER OF FUNDS)
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1 specially assigned functions; services as authorized by 5
2 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
3 penses as authorized by 3 U.S.C. 106, which shall be ex-
4 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
21 THE PRESIDENT
22 (INCLUDING TRANSFERS OF FUNDS)
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480
1 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National
2 Security Council and Homeland Security Council’’, ‘‘Of-
3 fice of Administration’’, ‘‘Special Assistance to the Presi-
4 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 writ-
7 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 ap-
10 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: Pro-
13 vided, That the amount of an appropriation shall not be
14 increased by more than 50 percent by such transfers: Pro-
15 vided further, That no amount shall be transferred from
16 ‘‘Special Assistance to the President’’ or ‘‘Official Resi-
17 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 sec-
4 tion shall be updated and submitted to the Committees
5 on Appropriations every 6 months and shall include infor-
6 mation detailing how the estimates and assumptions con-
7 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 Com-
10 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 appro-
14 priated programs upon the advance approval of the Com-
15 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 Na-
20 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 OF THE UNITED STATES
4 SALARIES AND EXPENSES
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484
1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL
2 CIRCUIT
3 SALARIES AND EXPENSES
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485
1 for Probation and Pretrial Services Office staff, as author-
2 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 obli-
16 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 jus-
21 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 appro-
2 priated from the Vaccine Injury Compensation Trust
3 Fund.
4 DEFENDER SERVICES
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487
1 FEES OF JURORS AND COMMISSIONERS
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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 Gen-
8 eral.
9 ADMINISTRATIVE OFFICE OF THE UNITED STATES
10 COURTS
11 SALARIES AND EXPENSES
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489
1 $1,500 is authorized for official reception and representa-
2 tion expenses.
3 UNITED STATES SENTENCING COMMISSION
4 SALARIES AND EXPENSES
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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 ‘‘exec-
14 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 De-
22 partment of Homeland Security to provide, except for the
23 services specified in 40 U.S.C. 1315(b)(2)(E). For build-
24 ing-specific security services at these courthouses, the Di-
25 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 Sen-
5 tencing Commission are hereby authorized, now and here-
6 after, to enter into contracts for the acquisition of sever-
7 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 serv-
10 ices, to the same extent as executive agencies under the
11 authority of 41 U.S.C. sections 3902 and 3903, respec-
12 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 Appropria-
2 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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1 TITLE IV
2 DISTRICT OF COLUMBIA
3 FEDERAL FUNDS
4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
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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 Sup-
4 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 show-
8 ing, by object class, the expenditures made and the pur-
9 pose therefor.
10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
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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
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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 regu-
8 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
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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 Du-
4 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 Dis-
8 trict of Columbia: Provided further, That, notwithstanding
9 any other provision of law, this appropriation shall be ap-
10 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 agen-
13 cies.
14 FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
16 OF COLUMBIA
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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 sub-
6 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: Pro-
14 vided further, That not less than $1,000,000 shall be avail-
15 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 pro-
19 grams; and equipment, supplies, and vocational training
20 services necessary to sustain, educate, and train offenders
21 and defendants, including their dependent children: Pro-
22 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 reim-
3 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
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500
1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
10 COORDINATING COUNCIL
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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
11 HIV/AIDS
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502
1 of the date of enactment of this Act: Provided, That not-
2 withstanding any other provision of law, except as pro-
3 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 Gov-
6 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 sub-
12 mitted to Congress by the District of Columbia as amend-
13 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 appro-
16 priated may be increased by proceeds of one-time trans-
17 actions, which are expended for emergency or unantici-
18 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 re-
25 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 OF THE UNITED STATES
4 SALARIES AND EXPENSES
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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
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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
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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
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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 oth-
5 erwise becoming available on October 1, 2013, shall not
6 be available for obligation: Provided further, That notwith-
7 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
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509
1 tion or primary line restrictions on universal service sup-
2 port payments.
3 FEDERAL DEPOSIT INSURANCE CORPORATION
4 OFFICE OF THE INSPECTOR GENERAL
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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 sub-
4 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 re-
8 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
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511
1 setting collections derived from fees collected for
2 premerger notification filings under the Hart-Scott-Ro-
3 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 provi-
7 sion of law, not to exceed $15,000,000 in offsetting collec-
8 tions derived from fees sufficient to implement and enforce
9 the Telemarketing Sales Rule, promulgated under the
10 Telemarketing and Consumer Fraud and Abuse Preven-
11 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 here-
14 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 appro-
17 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
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513
1 ment for such buildings); and payment of principal, inter-
2 est, and any other obligations for public buildings acquired
3 by installment purchase and purchase contract; in the ag-
4 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, FBI Central Records
2 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 in-
7 cluded in a transmitted prospectus, if required, unless ad-
8 vance approval is obtained from the Committees on Appro-
9 priations of a greater amount: Provided further, That all
10 funds for direct construction projects shall expire on Sep-
11 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 an-
25 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 pref-
5 erence is given to consolidation projects that achieve a uti-
6 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 construc-
15 tion and repair to meet the housing requirements of the
16 Judiciary’s Southern District in Mobile, Alabama: Pro-
17 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 ap-
23 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 ap-
2 proval is obtained from the Committees on Appropria-
3 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: Pro-
10 vided further, That the difference between the funds ap-
11 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 re-
2 main available until expended; (4) $5,387,109,000 for
3 rental of space which shall remain available until ex-
4 pended; and (5) $2,221,432,000 for building operations
5 to remain available until expended, of which
6 $1,158,869,000 is for building services, and
7 $1,062,563,000 is for salaries and expenses: Provided fur-
8 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 appro-
11 priations upon notification to the Committees on Appro-
12 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 oper-
17 ations: Provided further, That funds available to the Gen-
18 eral Services Administration shall not be available for ex-
19 penses of any construction, repair, alteration and acquisi-
20 tion project for which a prospectus, if required by 40
21 U.S.C. 3307(a), has not been approved, except that nec-
22 essary funds may be expended for each project for re-
23 quired expenses for the development of a proposed pro-
24 spectus: Provided further, That funds available in the Fed-
25 eral Buildings Fund may be expended for emergency re-
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518
1 pairs when advance approval is obtained from the Com-
2 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 appro-
8 priate to enable the United States Secret Service to per-
9 form its protective functions pursuant to 18 U.S.C. 3056,
10 shall be available from such revenues and collections: Pro-
11 vided further, That revenues and collections and any other
12 sums accruing to this Fund during fiscal year 2014, ex-
13 cluding reimbursements under 40 U.S.C. 592(b)(2) in ex-
14 cess of the aggregate new obligational authority author-
15 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 appro-
18 priations Acts.
19 GENERAL ACTIVITIES
20 GOVERNMENT-WIDE POLICY
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519
1 acquisition, telecommunications, information technology
2 management, and related technology activities; and serv-
3 ices as authorized by 5 U.S.C. 3109; $58,000,000.
4 OPERATING EXPENSES
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520
1 OFFICE OF INSPECTOR GENERAL
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521
1 spending plan and explanation for each project to be un-
2 dertaken has been submitted to the Committees on Appro-
3 priations of the House of Representatives and the Senate.
4 ALLOWANCES AND OFFICE STAFF FOR FORMER
5 PRESIDENTS
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522
1 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
2 ADMINISTRATION
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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 Build-
5 ings Fund, to any agency that does not pay the rate per
6 square foot assessment for space and services as deter-
7 mined by the General Services Administration in consider-
8 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 Avail-
12 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 sav-
15 ings effected in other construction projects with prior noti-
16 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 Rep-
20 resentatives and the Committee on Environment and Pub-
21 lic Works of the Senate adopt a resolution granting lease
22 authority pursuant to a prospectus transmitted to Con-
23 gress by the Administrator of the General Services Admin-
24 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 deter-
3 mines that the delineated area of the procurement should
4 not be identical to the delineated area included in the pro-
5 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
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525
1 motor vehicles, direct procurement of survey printing, and
2 not to exceed $2,000 for official reception and representa-
3 tion expenses, $42,740,000, to remain available until Sep-
4 tember 30, 2015, together with not to exceed $2,345,000,
5 to remain available until September 30, 2015, for adminis-
6 trative expenses to adjudicate retirement appeals to be
7 transferred from the Civil Service Retirement and Dis-
8 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
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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 sec-
3 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
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527
1 hire of passenger motor vehicles, and for uniforms or al-
2 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
17 COMMISSION
18 GRANTS PROGRAM
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528
1 NATIONAL CREDIT UNION ADMINISTRATION
2 CENTRAL LIQUIDITY FACILITY
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529
1 ceed $1,500 for official reception and representation ex-
2 penses, $15,325,000.
3 OFFICE OF PERSONNEL MANAGEMENT
4 SALARIES AND EXPENSES
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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 re-
3 tention of such workforce and information technology in
4 support of acquisition workforce effectiveness or for man-
5 agement solutions to improve acquisition management,
6 and of which $1,345,000 shall remain available until ex-
7 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 manage-
14 ment system: Provided, That the provisions of this appro-
15 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 fur-
18 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
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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 OF SPECIAL COUNSEL
7 SALARIES AND EXPENSES
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533
1 POSTAL REGULATORY COMMISSION
2 SALARIES AND EXPENSES
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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 Ap-
6 propriations Act, 2013 (Public Law 113–2), which shall
7 be administered under the terms and conditions of the ac-
8 countability authorities of title XV of Public Law 111–
9 5, $20,000,000.
10 SECURITIES AND EXCHANGE COMMISSION
11 SALARIES AND EXPENSES
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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 lodg-
6 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
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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 na-
7 tional defense: Provided further, That none of the funds
8 appropriated by this Act may be expended for or in con-
9 nection with the induction of any person into the Armed
10 Forces of the United States.
11 SMALL BUSINESS ADMINISTRATION
12 ENTREPRENEURIAL DEVELOPMENT PROGRAMS
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537
1 States for fiscal year 2014 to carry out export programs
2 that assist small business concerns authorized under sec-
3 tion 1207 of Public Law 111–240.
4 SALARIES AND EXPENSES
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538
1 be available for the Loan Modernization and Accounting
2 System, to be available until September 30, 2015: Pro-
3 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
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539
1 subject to section 502 of the Congressional Budget Act
2 of 1974, during fiscal year 2014 commitments to guar-
3 antee loans under section 503 of the Small Business In-
4 vestment Act of 1958 shall not exceed $7,500,000,000:
5 Provided further, That during fiscal year 2014 commit-
6 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 Busi-
16 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
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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 pro-
4 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 Ex-
13 penses.
14 ADMINISTRATIVE PROVISION—SMALL BUSINESS
15 ADMINISTRATION
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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
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542
1 OFFICE OF INSPECTOR GENERAL
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543
1 TITLE VI
2 GENERAL PROVISIONS—THIS ACT
3 (INCLUDING RESCISSION)
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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 ac-
4 tivity or paying a salary to a Government employee would
5 result in a decision, determination, rule, regulation, or pol-
6 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 chap-
15 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 pre-
18 vious appropriations Acts to the agencies or entities fund-
19 ed in this Act that remain available for obligation or ex-
20 penditure in fiscal year 2014, or provided from any ac-
21 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 re-
24 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 Con-
3 gress; (4) proposes to use funds directed for a specific ac-
4 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 ac-
7 tivities in excess of $5,000,000 or 10 percent, whichever
8 is less; (6) reduces existing programs, projects, or activi-
9 ties by $5,000,000 or 10 percent, whichever is less; or (7)
10 creates or reorganizes offices, programs, or activities un-
11 less prior approval is received from the Committees on Ap-
12 propriations of the House of Representatives and the Sen-
13 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 Represent-
17 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 Represent-
21 atives and the Senate to establish the baseline for applica-
22 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 appro-
4 priation both by object class and program, project, and
5 activity as detailed in the budget appendix for the respec-
6 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 re-
23 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 Fed-
13 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 Of-
18 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 pur-
9 chasing nondomestic articles, materials, and supplies set
10 forth in chapter 83 of title 41, United States Code (popu-
11 larly known as the Buy American Act), shall not apply
12 to the acquisition by the Federal Government of informa-
13 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 regu-
18 latory agency or commission funded by this Act may ac-
19 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 ex-
22 penses for the purpose of enabling an officer or employee
23 to attend and participate in any meeting or similar func-
24 tion relating to the official duties of the officer or em-
25 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 ex-
6 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 Execu-
15 tive Office of the President, the Judiciary, the Federal
16 Communications Commission, the Federal Trade Commis-
17 sion, the General Services Administration, the National
18 Archives and Records Administration, the Securities and
19 Exchange Commission, and the Small Business Adminis-
20 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 pre-
24 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, meet-
5 ing, storage, or other space must consult with the General
6 Services Administration before issuing a solicitation for of-
7 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 Gen-
17 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 Pro-
23 posed Nutrition Principles to Guide Industry Self-Regu-
24 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 cor-
19 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 agree-
23 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 cor-
8 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, un-
11 less the Federal agency has considered suspension or de-
12 barment of the corporation and has made a determination
13 that this further action is not necessary to protect the in-
14 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 con-
25 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 Commis-
3 sion to remove the conditions imposed on commercial ter-
4 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 in-
8 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 schol-
12 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 col-
15 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 re-
5 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 Account-
8 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, AND CORPORATIONS
4 (INCLUDING TRANSFER OF FUNDS)
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1 cles: Provided further, That the limits set forth in this sec-
2 tion may not be exceeded by more than 5 percent for elec-
3 tric or hybrid vehicles purchased for demonstration under
4 the provisions of the Electric and Hybrid Vehicle Re-
5 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 alter-
8 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 tech-
13 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 fis-
17 cal year available for expenses of travel, or for the ex-
18 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 compensa-
24 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 perma-
5 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 inten-
9 tion to become a lawful permanent resident and then a
10 citizen when eligible; or (4) is a person who owes alle-
11 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 sub-
16 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 con-
25 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 inter-
5 national broadcasters employed by the Broadcasting
6 Board of Governors, or to temporary employment of trans-
7 lators, or to temporary employment in the field service
8 (not to exceed 60 days) as a result of emergencies: Pro-
9 vided further, That this section does not apply to the em-
10 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 nec-
16 essary expenses, including maintenance or operating ex-
17 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 build-
20 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 pre-
4 vention programs. Such funds shall be available until ex-
5 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 ex-
4 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 instru-
14 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 dis-
18 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 Rep-
5 resentatives and the Senate. For the purposes of this sec-
6 tion, the term ‘‘office’’ shall include the entire suite of of-
7 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 emer-
14 gency preparedness telecommunications initiatives which
15 benefit multiple Federal departments, agencies, or enti-
16 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 Per-
25 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 em-
4 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 de-
7 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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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 Opportunity Commission Notice N–
25 915.022, dated September 2, 1988; or
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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 execu-
9 tive branch, other than for normal and recognized execu-
10 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 legisla-
14 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 Fed-
18 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 non-
24 public information such as mailing, telephone or electronic
25 mailing lists to any person or any organization outside of
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1 the Federal Government without the approval of the Com-
2 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 propa-
7 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 depart-
7 ment and agency is hereby authorized to transfer to or
8 reimburse ‘‘General Services Administration, Government-
9 wide Policy’’ with the approval of the Director of the Of-
10 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 Adminis-
14 trator of General Services to support Government-wide
15 and other multi-agency financial, information technology,
16 procurement, and other management innovations, initia-
17 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 des-
20 ignated by the Director (including the President’s Man-
21 agement Council for overall management improvement ini-
22 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 procure-
2 ment initiatives, and the Performance Improvement Coun-
3 cil for performance improvement initiatives): Provided fur-
4 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 fol-
12 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 re-
4 port describing the budget of and resources connected with
5 the National Science and Technology Council to the Com-
6 mittees on Appropriations, the House Committee on
7 Science and Technology, and the Senate Committee on
8 Commerce, Science, and Transportation 90 days after en-
9 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 appli-
15 cable, and the amount provided: Provided, That this provi-
16 sion shall apply to direct payments, formula funds, and
17 grants received by a State receiving Federal funds.
18 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY
19 MONITORING 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 con-
14 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 sub-
25 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, edu-
10 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 de-
14 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 Gov-
17 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 Per-
25 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 Reg-
2 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 con-
8 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 au-
13 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 dis-
20 tribution in the United States, unless the story includes
21 a clear notification within the text or audio of the pre-
22 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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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 con-
6 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) retires under section 8336(d)(2) or
2 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 re-
17 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-
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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’’, ‘‘election-
12 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 govern-
19 ment, including the President, the Vice President, a mem-
20 ber of Congress (including a Delegate or a Resident Com-
21 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 Of-
4 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 Direc-
19 tor of the Office of Management and Budget, in coordina-
20 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) appli-
2 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 pre-
7 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 pur-
13 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 pre-
18 mium pay, retirement, life insurance, or any other em-
19 ployee benefit) that requires any deduction or contribu-
20 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 sub-
23 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 sub-
5 section if the Office determines that such exceptions are
6 necessary to ensure the recruitment or retention of quali-
7 fied employees.
8 (b) Notwithstanding subsection (a) and section 147
9 of the Continuing Appropriations and Surface Transpor-
10 tation Extensions Act, 2011, as amended by the Consoli-
11 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, notwith-
14 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 po-
18 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, not-
21 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 sub-
2 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 po-
15 litical appointment may not receive a pay rate increase
16 in calendar year 2014, notwithstanding any other provi-
17 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, ap-
24 plied to them.
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1 (f) Nothing in subsections (b) through (e) shall pre-
2 vent employees who do not serve under a political appoint-
3 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 Sen-
13 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 in-
18 crease upon an authorized movement to a different cov-
19 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 limi-
22 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 enact-
12 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 Gen-
19 eral or senior ethics official for any entity without an In-
20 spector General, regarding the costs and contracting pro-
21 cedures related to each conference held by any such de-
22 partment, agency, board, commission, or office during fis-
23 cal year 2014 for which the cost to the United States Gov-
24 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 applica-
3 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, com-
25 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 In-
4 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 con-
10 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 con-
18 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)
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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 Rep-
3 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 em-
9 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 Attor-
12 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 Co-
16 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 offi-
20 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 excep-
9 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 asso-
13 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 de-
16 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 Co-
13 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 Offi-
17 cer for the District of Columbia shall submit to the appro-
18 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 for-
23 mat of the budget that the District of Columbia govern-
24 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 Co-
5 lumbia’s enterprise and capital funds and such amounts,
6 once transferred, shall retain appropriation authority con-
7 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 repro-
13 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 unob-
25 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 Com-
6 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 out-
10 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 modi-
18 fications enacted by the District of Columbia as of the be-
19 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 provi-
14 sion of law (other than an authorization of appropria-
15 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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1 DIVISION F—DEPARTMENT OF HOME-
2 LAND SECURITY APPROPRIATIONS
3 ACT, 2014
4 TITLE I
5 DEPARTMENTAL MANAGEMENT AND
6 OPERATIONS
7 OFFICE OF THE SECRETARY AND EXECUTIVE
8 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 exec-
12 utive management of the Department of Homeland Secu-
13 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 Imme-
20 diate Office of the Secretary and the Immediate Office of
21 the Deputy Secretary: Provided further, That the Sec-
22 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, ex-
25 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 pro-
5 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 OF THE UNDER SECRETARY FOR MANAGEMENT
9 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 represen-
14 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 alter-
17 ation and improvement of facilities, tenant improvements,
18 and relocation costs to consolidate Department head-
19 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 con-
24 tained in House Report 112–331, submit to the Commit-
25 tees on Appropriations of the Senate and the House of
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603
1 Representatives at the time the President’s budget pro-
2 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 infor-
5 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 OF THE CHIEF FINANCIAL OFFICER
11 For necessary expenses of the Office of the Chief Fi-
12 nancial Officer, as authorized by section 103 of the Home-
13 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 Presi-
17 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 OF THE CHIEF INFORMATION OFFICER
23 For necessary expenses of the Office of the Chief In-
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 ex-
3 penses; and of which $142,156,000, to remain available
4 until September 30, 2015, shall be available for develop-
5 ment and acquisition of information technology equip-
6 ment, software, services, and related activities for the De-
7 partment of Homeland Security.
8 ANALYSIS AND OPERATIONS
9 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 Sep-
15 tember 30, 2015.
16 OFFICE OF INSPECTOR GENERAL
17 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 con-
21 fidential operational expenses, including the payment of
22 informants, to be expended at the direction of the Inspec-
23 tor General.
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605
1 TITLE II
2 SECURITY, ENFORCEMENT, AND
3 INVESTIGATIONS
4 U.S. CUSTOMS AND BORDER PROTECTION
5 SALARIES AND EXPENSES
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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 Secu-
9 rity: Provided, That for fiscal year 2014, the overtime lim-
10 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 not-
12 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 ex-
16 ceeds such limitation, except in individual cases deter-
17 mined by the Secretary of Homeland Security, or the des-
18 ignee of the Secretary, to be necessary for national secu-
19 rity purposes, to prevent excessive costs, or in cases of
20 immigration emergencies: Provided further, That the Bor-
21 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
10 TECHNOLOGY
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608
1 the operations of which include the following: the interdic-
2 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 Fed-
7 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 ex-
10 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 Com-
19 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 Represent-
23 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 head-
2 ing in Public Law 112–74.
3 CONSTRUCTION AND FACILITIES MANAGEMENT
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610
1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
2 SALARIES AND EXPENSES
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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: Pro-
11 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 deport-
15 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 de-
20 tention beds through September 30, 2014: Provided fur-
21 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 in-
3 vestigation of intellectual property rights violations, in-
4 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 author-
8 ized under section 287(g) of the Immigration and Nation-
9 ality Act (8 U.S.C. 1357(g)) if the Department of Home-
10 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 con-
14 tinue any contract for the provision of detention services
15 if the two most recent overall performance evaluations re-
16 ceived by the contracted facility are less than ‘‘adequate’’
17 or the equivalent median score in any subsequent perform-
18 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 per-
24 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
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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 secu-
14 rity service fees authorized under section 44940 of title
15 49, United States Code, shall be credited to this appro-
16 priation as offsetting collections and shall be available only
17 for aviation security: Provided further, That the sum ap-
18 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: Pro-
23 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 detec-
3 tion systems or for the issuance of other transaction agree-
4 ments for the purpose of funding projects described in sec-
5 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 Transpor-
8 tation Security Administration that would cause the agen-
9 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 Appropria-
15 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 integrated passenger screening tech-
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;
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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 Administra-
12 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, in-
18 cluding the leadership; the heads of Federal agencies and
19 commissions, including the Secretary, Deputy Secretary,
20 Under Secretaries, and Assistant Secretaries of the De-
21 partment of Homeland Security; the United States Attor-
22 ney General, Deputy Attorney General, Assistant Attor-
23 neys General, and the United States Attorneys; and senior
24 members of the Executive Office of the President, includ-
25 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
9 CREDENTIALING
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619
1 penditure plans for air cargo security, checkpoint support,
2 and explosives detection systems refurbishment, procure-
3 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 en-
6 actment of this Act.
7 FEDERAL AIR MARSHALS
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1 overseas deployments and activities; minor shore construc-
2 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 recre-
5 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 pursu-
9 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: Pro-
16 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, ex-
19 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 Head-
23 quarters Directorates until a future-years capital invest-
24 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 Contin-
5 gency Operations/Global War on Terrorism may be allo-
6 cated by program, project, and activity, notwithstanding
7 section 503 of this Act: Provided further, That without re-
8 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
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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
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623
1 tember 30, 2014, shall be available for personnel com-
2 pensation and benefits and related costs: Provided, That
3 the funds provided by this Act shall be immediately avail-
4 able and allotted to contract for the production of the sev-
5 enth National Security Cutter notwithstanding the avail-
6 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 mate-
9 rials, components, and designs for the eighth National Se-
10 curity Cutter notwithstanding the availability of funds for
11 production costs or post-production costs: Provided fur-
12 ther, That the Commandant of the Coast Guard shall sub-
13 mit to the Committees on Appropriations of the Senate
14 and the House of Representatives, at the time the Presi-
15 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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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 future-
11 years capital investment plan are consistent, to the max-
12 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
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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, devel-
10 opment, testing, and evaluation.
11 RETIRED PAY
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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 nec-
9 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; presen-
15 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 Rep-
20 resentatives; research and development; grants to conduct
21 behavioral research in support of protective research and
22 operations; and payment in advance for commercial ac-
23 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 tech-
2 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 re-
12 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 author-
16 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 Cen-
20 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 Serv-
5 ice by this Act or by previous appropriations Acts may
6 be made available for the protection of the head of a Fed-
7 eral agency other than the Secretary of Homeland Secu-
8 rity: Provided further, That the Director of the United
9 States Secret Service may enter into an agreement to pro-
10 vide such protection on a fully reimbursable basis: Pro-
11 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 be-
20 tween ‘‘Protection of Persons and Facilities’’ and ‘‘Domes-
21 tic Field Operations’’.
22 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
23 RELATED EXPENSES
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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 re-
5 main available until September 30, 2016, shall be for in-
6 formation integration and technology transformation exe-
7 cution.
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632
1 TITLE III
2 PROTECTION, PREPAREDNESS, RESPONSE, AND
3 RECOVERY
4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
5 MANAGEMENT AND ADMINISTRATION
12 SECURITY
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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 full-
8 time equivalent Police Officers, Inspectors, Area Com-
9 manders, and Special Agents who, while working, are di-
10 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 collec-
13 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 rev-
16 enue by staffing levels and critical infrastructure invest-
17 ments: Provided further, That in implementing the pre-
18 vious proviso, the Secretary shall ensure revenues are
19 dedicated to ensure not fewer than 1,300 full-time equiva-
20 lent staff: Provided further, That the Director of the Fed-
21 eral Protective Service shall submit at the time the Presi-
22 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
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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 (divi-
5 sion C, title I, 114 Stat. 583), the Earthquake Hazards
6 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De-
7 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 Pro-
11 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 Rec-
13 ommendations of the 9/11 Commission Act of 2007 (Pub-
14 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: Pro-
21 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 ad-
25 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 cap-
3 ital improvements and other expenses related to continuity
4 of operations at the Mount Weather Emergency Oper-
5 ations Center: Provided further, That of the total amount
6 made available, $3,400,000 shall be for the Office of Na-
7 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 Sep-
10 tember 30, 2015, for expenses related to modernization
11 of automated systems: Provided further, That the Admin-
12 istrator of the Federal Emergency Management Agency,
13 in consultation with the Department of Homeland Secu-
14 rity Chief Information Officer, shall submit to the Com-
15 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 sys-
20 tems.
21 STATE AND LOCAL PROGRAMS
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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 Stonegarden: Provided, That notwith-
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.
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, and 1182), of which not less than
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 (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 eligi-
16 ble applicants not later than 60 days after the date of en-
17 actment of this Act, that eligible applicants shall submit
18 applications not later than 80 days after the grant an-
19 nouncement, and the Administrator of the Federal Emer-
20 gency Management Agency shall act within 65 days after
21 the receipt of an application: Provided further, That not-
22 withstanding section 2008(a)(11) of the Homeland Secu-
23 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro-
24 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 re-
6 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 Adminis-
9 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 appro-
12 priately extending the security buffer zones around Fed-
13 eral Emergency Management Agency training facilities.
14 FIREFIGHTER ASSISTANCE GRANTS
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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
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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
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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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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 As-
11 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 de-
14 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 as-
19 signed agency, the assistance requested, a description of
20 the disaster, the total cost estimate, and the amount obli-
21 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 Adminis-
24 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 Con-
6 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
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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 oper-
7 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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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
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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 AND IMMIGRATION
5 SERVICES
6 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 Re-
9 form and Immigrant Responsibility Act of 1996 (8 U.S.C.
10 1324a note), to assist United States employers with main-
11 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 vehi-
17 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’ resi-
21 dences and places of employment.
22 FEDERAL LAW ENFORCEMENT TRAINING CENTER
23 SALARIES AND EXPENSES
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1 costs of Federal law enforcement basic training; the pur-
2 chase of not to exceed 117 vehicles for police-type use and
3 hire of passenger motor vehicles; expenses for student ath-
4 letic and related activities; the conduct of and participa-
5 tion in firearms matches and presentation of awards; pub-
6 lic awareness and enhancement of community support of
7 law enforcement training; room and board for student in-
8 terns; a flat monthly reimbursement to employees author-
9 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 mate-
13 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 ac-
17 creditation; and of which not to exceed $9,180 shall be
18 for official reception and representation expenses: Pro-
19 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 obliga-
22 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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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 Fed-
10 eral Law Enforcement Training Accreditation Board, in-
11 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 pro-
17 grams, facilities, and instructors.
18 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND
19 RELATED EXPENSES
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1 appropriation from government agencies requesting the
2 construction of special use facilities.
3 SCIENCE AND TECHNOLOGY
4 MANAGEMENT AND ADMINISTRATION
13 OPERATIONS
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1 be for construction of the National Bio- and Agro-defense
2 Facility.
3 DOMESTIC NUCLEAR DETECTION OFFICE
4 MANAGEMENT AND ADMINISTRATION
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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
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656
1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS OF FUNDS)
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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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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 Depart-
20 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 Ap-
3 propriations of the Senate and the House of Representa-
4 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 extraor-
9 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 ap-
20 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 budg-
24 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 pro-
5 vided to the Working Capital Fund shall be used only for
6 purposes consistent with the contributing component: Pro-
7 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 ac-
15 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 re-
20 corded in the financial records at the time of a reprogram-
21 ming request, but not later than June 30, 2015, from ap-
22 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 Na-
8 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
9 year 2014 until the enactment of an Act authorizing intel-
10 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 noti-
8 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 de-
11 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 Appro-
5 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 ad-
11 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 accommo-
19 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 provi-
15 sions of the Buy American Act. For purposes of the pre-
16 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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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 Ap-
8 propriations of the Senate and the House of Representa-
9 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 con-
12 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 Se-
16 curity’’, ‘‘Administration’’, and ‘‘Transportation Security
17 Support’’ for fiscal years 2004 and 2005 that are recov-
18 ered or deobligated shall be available only for the procure-
19 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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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 serv-
4 ices provided by employees (including employees serving
5 on a temporary or term basis) of United States Citizen-
6 ship and Immigration Services of the Department of
7 Homeland Security who are known as Immigration Infor-
8 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, col-
14 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 in-
19 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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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 award-
5 ed by any means other than full and open competition dur-
6 ing fiscal year 2014.
7 (b) The Inspector General shall review the report re-
8 quired by subsection (a) to assess Departmental compli-
9 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 posi-
15 tion designated as a Principal Federal Official (or the suc-
16 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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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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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 Pro-
7 gram of the Coast Guard nationwide, including civil engi-
8 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 Immi-
16 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,’’;
4 (2) in subsection (c)(1), by striking ‘‘September
5 30, 2013,’’ and inserting ‘‘September 30, 2014,’’.
6 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 success-
9 ful acquisition outcomes (which outcomes shall be speci-
10 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 Stra-
16 tegic Petroleum Reserve until the Secretary of Homeland
17 Security, after consultation with the Secretaries of the De-
18 partments of Energy and Transportation and representa-
19 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 Com-
22 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 pursuant
3 to 46 U.S.C. 501(b).
4 SEC. 528. None of the funds made available in this
5 Act for U.S. Customs and Border Protection may be used
6 to prevent an individual not in the business of importing
7 a prescription drug (within the meaning of section 801(g)
8 of the Federal Food, Drug, and Cosmetic Act) from im-
9 porting a prescription drug from Canada that complies
10 with the Federal Food, Drug, and Cosmetic Act: Provided,
11 That this section shall apply only to individuals trans-
12 porting on their person a personal-use quantity of the pre-
13 scription drug, not to exceed a 90-day supply: Provided
14 further, That the prescription drug may not be—
15 (1) a controlled substance, as defined in section
16 102 of the Controlled Substances Act (21 U.S.C.
17 802); or
18 (2) a biological product, as defined in section
19 351 of the Public Health Service Act (42 U.S.C.
20 262).
21 SEC. 529. None of the funds in this Act shall be used
22 to reduce the United States Coast Guard’s Operations
23 Systems Center mission or its government-employed or
24 contract staff levels.
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1 SEC. 530. The Secretary of Homeland Security, in
2 consultation with the Secretary of the Treasury, shall no-
3 tify the Committees on Appropriations of the Senate and
4 the House of Representatives of any proposed transfers
5 of funds available under section 9703.1(g)(4)(B) of title
6 31, United States Code (as added by Public Law 102–
7 393) from the Department of the Treasury Forfeiture
8 Fund to any agency within the Department of Homeland
9 Security: Provided, That none of the funds identified for
10 such a transfer may be obligated until the Committees on
11 Appropriations of the Senate and the House of Represent-
12 atives approve the proposed transfers.
13 SEC. 531. None of the funds made available in this
14 Act may be used for planning, testing, piloting, or devel-
15 oping a national identification card.
16 SEC. 532. None of the funds appropriated by this Act
17 may be used to conduct, or to implement the results of,
18 a competition under Office of Management and Budget
19 Circular A–76 for activities performed with respect to the
20 Coast Guard National Vessel Documentation Center.
21 SEC. 533. If the Administrator of the Transportation
22 Security Administration determines that an airport does
23 not need to participate in the E-Verify Program as de-
24 scribed in section 403(a) of the Illegal Immigration Re-
25 form and Immigrant Responsibility Act of 1996 (8 U.S.C.
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1 1324a note), the Administrator shall certify to the Com-
2 mittees on Appropriations of the Senate and the House
3 of Representatives that no security risks will result from
4 such non-participation.
5 SEC. 534. (a) Notwithstanding any other provision
6 of this Act, except as provided in subsection (b), and 30
7 days after the date on which the President determines
8 whether to declare a major disaster because of an event
9 and any appeal is completed, the Administrator shall pub-
10 lish on the Web site of the Federal Emergency Manage-
11 ment Agency a report regarding that decision that shall
12 summarize damage assessment information used to deter-
13 mine whether to declare a major disaster.
14 (b) The Administrator may redact from a report
15 under subsection (a) any data that the Administrator de-
16 termines would compromise national security.
17 (c) In this section—
18 (1) the term ‘‘Administrator’’ means the Ad-
19 ministrator of the Federal Emergency Management
20 Agency; and
21 (2) the term ‘‘major disaster’’ has the meaning
22 given that term in section 102 of the Robert T.
23 Stafford Disaster Relief and Emergency Assistance
24 Act (42 U.S.C. 5122).
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1 SEC. 535. Any official that is required by this Act
2 to report or to certify to the Committees on Appropria-
3 tions of the Senate and the House of Representatives may
4 not delegate such authority to perform that act unless spe-
5 cifically authorized herein.
6 SEC. 536. Section 550(b) of the Department of
7 Homeland Security Appropriations Act, 2007 (Public Law
8 109–295; 6 U.S.C. 121 note), as amended by section 537
9 of the Department of Homeland Security Appropriations
10 Act, 2013 (Public Law 113–6), is further amended by
11 striking ‘‘on October 4, 2013’’ and inserting ‘‘on October
12 4, 2014’’.
13 SEC. 537. None of the funds appropriated or other-
14 wise made available in this or any other Act may be used
15 to transfer, release, or assist in the transfer or release to
16 or within the United States, its territories, or possessions
17 Khalid Sheikh Mohammed or any other detainee who—
18 (1) is not a United States citizen or a member
19 of the Armed Forces of the United States; and
20 (2) is or was held on or after June 24, 2009,
21 at the United States Naval Station, Guantanamo
22 Bay, Cuba, by the Department of Defense.
23 SEC. 538. None of the funds made available in this
24 Act may be used for first-class travel by the employees
25 of agencies funded by this Act in contravention of sections
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1 301–10.122 through 301.10–124 of title 41, Code of Fed-
2 eral Regulations.
3 SEC. 539. None of the funds made available in this
4 Act may be used to employ workers described in section
5 274A(h)(3) of the Immigration and Nationality Act (8
6 U.S.C. 1324a(h)(3)).
7 SEC. 540. (a) Any company that collects or retains
8 personal information directly from any individual who par-
9 ticipates in the Registered Traveler or successor program
10 of the Transportation Security Administration shall safe-
11 guard and dispose of such information in accordance with
12 the requirements in—
13 (1) the National Institute for Standards and
14 Technology Special Publication 800–30, entitled
15 ‘‘Risk Management Guide for Information Tech-
16 nology Systems’’;
17 (2) the National Institute for Standards and
18 Technology Special Publication 800–53, Revision 3,
19 entitled ‘‘Recommended Security Controls for Fed-
20 eral Information Systems and Organizations’’; and
21 (3) any supplemental standards established by
22 the Administrator of the Transportation Security
23 Administration (referred to in this section as the
24 ‘‘Administrator’’).
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676
1 (b) The airport authority or air carrier operator that
2 sponsors the company under the Registered Traveler pro-
3 gram shall be known as the ‘‘Sponsoring Entity’’.
4 (c) The Administrator shall require any company cov-
5 ered by subsection (a) to provide, not later than 30 days
6 after the date of enactment of this Act, to the Sponsoring
7 Entity written certification that the procedures used by
8 the company to safeguard and dispose of information are
9 in compliance with the requirements under subsection (a).
10 Such certification shall include a description of the proce-
11 dures used by the company to comply with such require-
12 ments.
13 SEC. 541. Notwithstanding any other provision of
14 this Act, none of the funds appropriated or otherwise
15 made available by this Act may be used to pay award or
16 incentive fees for contractor performance that has been
17 judged to be below satisfactory performance or perform-
18 ance that does not meet the basic requirements of a con-
19 tract.
20 SEC. 542. In developing any process to screen avia-
21 tion passengers and crews for transportation or national
22 security purposes, the Secretary of Homeland Security
23 shall ensure that all such processes take into consideration
24 such passengers’ and crews’ privacy and civil liberties con-
25 sistent with applicable laws, regulations, and guidance.
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1 SEC. 543. (a) Notwithstanding section 1356(n) of
2 title 8, United States Code, of the funds deposited into
3 the Immigration Examinations Fee Account, $7,500,000
4 may be allocated by United States Citizenship and Immi-
5 gration Services in fiscal year 2014 for the purpose of pro-
6 viding an immigrant integration grants program.
7 (b) For an additional amount for ‘‘United States Citi-
8 zenship and Immigration Services’’ for the purpose of pro-
9 viding immigrant integration grants, $2,500,000.
10 (c) None of the funds made available to United States
11 Citizenship and Immigration Services for grants for immi-
12 grant integration may be used to provide services to aliens
13 who have not been lawfully admitted for permanent resi-
14 dence.
15 SEC. 544. For an additional amount for the ‘‘Office
16 of the Under Secretary for Management’’, $35,000,000 to
17 remain available until expended, for necessary expenses to
18 plan, acquire, design, construct, renovate, remediate,
19 equip, furnish, improve infrastructure, and occupy build-
20 ings and facilities for the department headquarters con-
21 solidation project and associated mission support consoli-
22 dation: Provided, That the Committees on Appropriations
23 of the Senate and the House of Representatives shall re-
24 ceive an expenditure plan not later than 90 days after the
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678
1 date of enactment of the Act detailing the allocation of
2 these funds.
3 SEC. 545. None of the funds appropriated or other-
4 wise made available by this Act may be used by the De-
5 partment of Homeland Security to enter into any Federal
6 contract unless such contract is entered into in accordance
7 with the requirements of subtitle I of title 41, United
8 States Code or chapter 137 of title 10, United States
9 Code, and the Federal Acquisition Regulation, unless such
10 contract is otherwise authorized by statute to be entered
11 into without regard to the above referenced statutes.
12 SEC. 546. (a) For an additional amount for data cen-
13 ter migration, $42,200,000.
14 (b) Funds made available in subsection (a) for data
15 center migration may be transferred by the Secretary of
16 Homeland Security between appropriations for the same
17 purpose, notwithstanding section 503 of this Act.
18 (c) No transfer described in subsection (b) shall occur
19 until 15 days after the Committees on Appropriations of
20 the Senate and the House of Representatives are notified
21 of such transfer.
22 SEC. 547. (a) For an additional amount for financial
23 systems modernization, $29,548,000.
24 (b) Funds made available in subsection (a) for finan-
25 cial systems modernization may be transferred by the Sec-
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679
1 retary of Homeland Security between appropriations for
2 the same purpose, notwithstanding section 503 of this Act.
3 (c) No transfer described in subsection (b) shall occur
4 until 15 days after the Committees on Appropriations of
5 the Senate and the House of Representatives are notified
6 of such transfer.
7 SEC. 548. Notwithstanding the 10 percent limitation
8 contained in section 503(c) of this Act, the Secretary of
9 Homeland Security may transfer to the fund established
10 by 8 U.S.C. 1101 note, up to $20,000,000 from appro-
11 priations available to the Department of Homeland Secu-
12 rity: Provided, That the Secretary shall notify the Com-
13 mittees on Appropriations of the Senate and the House
14 of Representatives 5 days in advance of such transfer.
15 SEC. 549. Notwithstanding any other provision of
16 law, if the Secretary of Homeland Security determines
17 that specific U.S. Immigration and Customs Enforcement
18 Service Processing Centers or other U.S. Immigration and
19 Customs Enforcement owned detention facilities no longer
20 meet the mission need, the Secretary is authorized to dis-
21 pose of individual Service Processing Centers or other
22 U.S. Immigration and Customs Enforcement owned de-
23 tention facilities by directing the Administrator of General
24 Services to sell all real and related personal property which
25 support Service Processing Centers or other U.S. Immi-
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680
1 gration and Customs Enforcement owned detention facili-
2 ties, subject to such terms and conditions as necessary to
3 protect Government interests and meet program require-
4 ments: Provided, That the proceeds, net of the costs of
5 sale incurred by the General Services Administration and
6 U.S. Immigration and Customs Enforcement, shall be de-
7 posited as offsetting collections into a separate account
8 that shall be available, subject to appropriation, until ex-
9 pended for other real property capital asset needs of exist-
10 ing U.S. Immigration and Customs Enforcement assets,
11 excluding daily operations and maintenance costs, as the
12 Secretary deems appropriate: Provided further, That any
13 sale or collocation of federally owned detention facilities
14 shall not result in the maintenance of fewer than 34,000
15 detention beds: Provided further, That the Committees on
16 Appropriations of the Senate and the House of Represent-
17 atives shall be notified 15 days prior to the announcement
18 of any proposed sale or collocation.
19 SEC. 550. None of the funds made available under
20 this Act or any prior appropriations Act may be provided
21 to the Association of Community Organizations for Re-
22 form Now (ACORN), or any of its affiliates, subsidiaries,
23 or allied organizations.
24 SEC. 551. The Department of Homeland Security
25 Chief Information Officer, the Commissioner of U.S. Cus-
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1 toms and Border Protection, the Assistant Secretary of
2 Homeland Security for U.S. Immigration and Customs
3 Enforcement, the Director of the United States Secret
4 Service, and the Director of the Office of Biometric Iden-
5 tity Management shall, with respect to fiscal years 2014,
6 2015, 2016, and 2017, submit to the Committees on Ap-
7 propriations of the Senate and the House of Representa-
8 tives, at the time that the President’s budget proposal for
9 fiscal year 2015 is submitted pursuant to the require-
10 ments of section 1105(a) of title 31, United States Code,
11 the information required in the multi-year investment and
12 management plans required, respectively, under the head-
13 ings ‘‘U.S. Customs and Border Protection, Salaries and
14 Expenses’’ under title II of division D of the Consolidated
15 Appropriations Act, 2012 (Public Law 112–74); ‘‘U.S.
16 Customs and Border Protection, Border Security Fencing,
17 Infrastructure, and Technology’’ under such title; section
18 568 of such Act; and ‘‘Office of the Chief Information Of-
19 ficer’’, ‘‘United States Secret Service, Acquisition, Con-
20 struction, Improvements, and Related Expenses’’, and
21 ‘‘Office of Biometric Identity Management’’ under division
22 D of the Homeland Security Appropriations Act, 2013
23 (Public Law 113–6).
24 SEC. 552. The Secretary of Homeland Security shall
25 ensure enforcement of immigration laws (as defined in sec-
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1 tion 101(a)(17) of the Immigration and Nationality Act
2 (8 U.S.C. 1101(a)(17))).
3 SEC. 553. The Secretary of Homeland Security shall
4 submit to the Committees on Appropriations of the Senate
5 and the House of Representatives, not later than April 15,
6 2014, a report detailing the fiscal policy that prescribes
7 Coast Guard budgetary policies, procedures, and technical
8 direction necessary to comply with subsection (a) of sec-
9 tion 557 of division D of Public Law 113–6 (as required
10 to be developed under subsection (b) of such section).
11 SEC. 554. (a) Of the amounts made available by this
12 Act for National Protection and Programs Directorate,
13 ‘‘Infrastructure Protection and Information Security’’,
14 $166,000,000 for the ‘‘Federal Network Security’’ pro-
15 gram, project, and activity shall be used to deploy on Fed-
16 eral systems technology to improve the information secu-
17 rity of agency information systems covered by section
18 3543(a) of title 44, United States Code: Provided, That
19 funds made available under this section shall be used to
20 assist and support Government-wide and agency-specific
21 efforts to provide adequate, risk-based, and cost-effective
22 cybersecurity to address escalating and rapidly evolving
23 threats to information security, including the acquisition
24 and operation of a continuous monitoring and diagnostics
25 program, in collaboration with departments and agencies,
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1 that includes equipment, software, and Department of
2 Homeland Security supplied services: Provided further,
3 That not later than April 1, 2014, and quarterly there-
4 after, the Under Secretary of Homeland Security of the
5 National Protection and Programs Directorate shall sub-
6 mit to the Committees on Appropriations of the Senate
7 and the House of Representatives a report on the obliga-
8 tion and expenditure of funds made available under this
9 section: Provided further, That continuous monitoring and
10 diagnostics software procured by the funds made available
11 by this section shall not transmit to the Department of
12 Homeland Security any personally identifiable information
13 or content of network communications of other agencies’
14 users: Provided further, That such software shall be in-
15 stalled, maintained, and operated in accordance with all
16 applicable privacy laws and agency-specific policies regard-
17 ing network content.
18 (b) Funds made available under this section may not
19 be used to supplant funds provided for any such system
20 within an agency budget.
21 (c) Not later than July 1, 2014, the heads of all Fed-
22 eral agencies shall submit to the Committees on Appro-
23 priations of the Senate and the House of Representatives
24 expenditure plans for necessary cybersecurity improve-
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1 ments to address known vulnerabilities to information sys-
2 tems described in subsection (a).
3 (d) Not later than October 1, 2014, and quarterly
4 thereafter, the head of each Federal agency shall submit
5 to the Director of the Office of Management and Budget
6 a report on the execution of the expenditure plan for that
7 agency required by subsection (c): Provided, That the Di-
8 rector of the Office of Management and Budget shall sum-
9 marize such execution reports and annually submit such
10 summaries to Congress in conjunction with the annual
11 progress report on implementation of the E-Government
12 Act of 2002 (Public Law 107–347), as required by section
13 3606 of title 44, United States Code.
14 (e) This section shall not apply to the legislative and
15 judicial branches of the Federal Government and shall
16 apply to all Federal agencies within the executive branch
17 except for the Department of Defense, the Central Intel-
18 ligence Agency, and the Office of the Director of National
19 Intelligence.
20 SEC. 555. (a) None of the funds made available in
21 this Act may be used to maintain or establish a computer
22 network unless such network blocks the viewing,
23 downloading, and exchanging of pornography.
24 (b) Nothing in subsection (a) shall limit the use of
25 funds necessary for any Federal, State, tribal, or local law
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685
1 enforcement agency or any other entity carrying out crimi-
2 nal investigations, prosecution, or adjudication activities.
3 SEC. 556. None of the funds made available in this
4 Act may be used by a Federal law enforcement officer to
5 facilitate the transfer of an operable firearm to an indi-
6 vidual if the Federal law enforcement officer knows or sus-
7 pects that the individual is an agent of a drug cartel unless
8 law enforcement personnel of the United States continu-
9 ously monitor or control the firearm at all times.
10 SEC. 557. None of the funds provided in this or any
11 other Act may be obligated to implement the National Pre-
12 paredness Grant Program or any other successor grant
13 programs unless explicitly authorized by Congress.
14 SEC. 558. None of the funds made available in this
15 Act may be used to provide funding for the position of
16 Public Advocate, or a successor position, within U.S. Im-
17 migration and Customs Enforcement.
18 SEC. 559. (a) IN GENERAL.—In addition to existing
19 authorities, the Commissioner of U.S. Customs and Bor-
20 der Protection, in collaboration with the Administrator of
21 General Services, is authorized to conduct a pilot program
22 in accordance with this section to permit U.S. Customs
23 and Border Protection to enter into partnerships with pri-
24 vate sector and government entities at ports of entry for
25 certain services and to accept certain donations.
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1 (b) RULE OF CONSTRUCTION.—Except as otherwise
2 provided in this section, nothing in this section may be
3 construed as affecting in any manner the responsibilities,
4 duties, or authorities of U.S. Customs and Border Protec-
5 tion or the General Services Administration.
6 (c) DURATION.—The pilot program described in sub-
7 section (a) shall be for five years. A partnership entered
8 into during such pilot program may last as long as re-
9 quired to meet the terms of such partnership. At the end
10 of such five year period, the Commissioner may request
11 that such pilot program be made permanent.
12 (d) COORDINATION.—
13 (1) IN GENERAL.—The Commissioner, in con-
14 sultation with participating private sector and gov-
15 ernment entities in a partnership under subsection
16 (a), shall provide the Administrator with information
17 relating to U.S. Customs and Border Protection’s
18 requirements for new facilities or upgrades to exist-
19 ing facilities at land ports of entry.
20 (2) CRITERIA.—The Commissioner and the Ad-
21 ministrator shall establish criteria for entering into
22 a partnership under subsection (a) that include the
23 following:
24 (A) Selection and evaluation of potential
25 partners.
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1 (B) Identification and documentation of
2 roles and responsibilities between U.S. Customs
3 and Border Protection, General Services Ad-
4 ministration, and private and government part-
5 ners.
6 (C) Identification, allocation, and manage-
7 ment of explicit and implicit risks of partnering
8 between U.S. Customs and Border Protection,
9 General Services Administration, and private
10 and government partners.
11 (D) Decision-making and dispute resolu-
12 tion processes in partnering arrangements.
13 (E) Criteria and processes for U.S. Cus-
14 toms and Border Protection and General Serv-
15 ices Administration to terminate agreements if
16 private or government partners are not meeting
17 the terms of such a partnership, including the
18 security standards established by U.S. Customs
19 and Border Protection.
20 (3) EVALUATION PLAN.—The Commissioner, in
21 collaboration with the Administrator, shall submit to
22 the Committee on Homeland Security, the Com-
23 mittee on Transportation and Infrastructure, and
24 the Committee on Appropriations of the House of
25 Representatives and the Committee on Homeland
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1 Security and Governmental Affairs, the Committee
2 on Environment and Public Works, and the Com-
3 mittee on Appropriations of the Senate, an evalua-
4 tion plan for the pilot program described in sub-
5 section (a) that includes the following:
6 (A) Well-defined, clear, and measurable ob-
7 jectives.
8 (B) Performance criteria or standards for
9 determining the performance of such pilot pro-
10 gram.
11 (C) Clearly articulated evaluation method-
12 ology, including—
13 (i) sound sampling methods;
14 (ii) a determination of appropriate
15 sample size for the evaluation design;
16 (iii) a strategy for tracking such pilot
17 program’s performance; and
18 (iv) an evaluation of the final results.
19 (D) A plan detailing the type and source
20 of data necessary to evaluate such pilot pro-
21 gram, methods for data collection, and the tim-
22 ing and frequency of data collection.
23 (e) AUTHORITY TO ENTER INTO AGREEMENTS FOR
25 ENTRY.—
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1 (1) IN GENERAL.—Notwithstanding section
2 13031(e) of the Consolidated Omnibus Budget Rec-
3 onciliation Act of 1985 (19 U.S.C. 58c(e)) and sec-
4 tion 451 of the Tariff Act of 1930 (19 U.S.C.
5 1451), the Commissioner may, during the pilot pro-
6 gram described in subsection (a) and upon the re-
7 quest of a private sector or government entity with
8 which U.S. Customs and Border Protection has en-
9 tered into a partnership, enter into a reimbursable
10 fee agreement with such entity under which—
11 (A) U.S. Customs and Border Protection
12 will provide services described in paragraph (2)
13 at a port of entry;
14 (B) such entity will pay a fee imposed
15 under paragraph (4) to reimburse U.S. Cus-
16 toms and Border Protection for the costs in-
17 curred in providing such services; and
18 (C) each facility at which U.S. Customs
19 and Border Protection services are performed
20 shall be provided, maintained, and equipped by
21 such entity, without cost to the Federal Govern-
22 ment, in accordance with U.S. Customs and
23 Border Protection specifications.
24 (2) SERVICES DESCRIBED.—Services described
25 in this paragraph are any activities of any employee
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1 or contractor of U.S. Customs and Border Protec-
2 tion pertaining to customs, agricultural processing,
3 border security, and immigration inspection-related
4 matters at ports of entry.
5 (3) LIMITATIONS.—
6 (A) IMPACTS OF SERVICES.—The Commis-
7 sioner may not enter into a reimbursable fee
8 agreement under this subsection if such agree-
9 ment would unduly and permanently impact
10 services funded in this or any other appropria-
11 tions Act, or provided from any account in the
12 Treasury of the United States derived by the
13 collection of fees.
14 (B) FOR CERTAIN COSTS.—The authority
15 found in this subsection may not be used at
16 U.S. Customs and Border Protection-serviced
17 air ports of entry to enter into reimbursable fee
18 agreements for costs other than payment of
19 overtime.
20 (C) The authority found in this subsection
21 may not be used to enter into new preclearance
22 agreements or begin to provide U.S. Customs
23 and Border Protection services outside of the
24 United States.
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1 (D) The authority found in this subsection
2 shall be limited with respect to U.S. Customs
3 and Border Protection-serviced air ports of
4 entry to five pilots per year.
5 (4) FEE.—
6 (A) IN GENERAL.—The amount of the fee
7 to be charged pursuant to an agreement au-
8 thorized under paragraph (1) shall be paid by
9 each private sector and government entity re-
10 questing U.S. Customs and Border Protection
11 services, and shall include the salaries and ex-
12 penses of individuals employed by U.S. Customs
13 and Border Protection to provide such services
14 and other costs incurred by U.S. Customs and
15 Border Protection relating to such services,
16 such as temporary placement or permanent re-
17 location of such individuals.
18 (B) OVERSIGHT OF FEES.—The Commis-
19 sioner shall develop a process to oversee the ac-
20 tivities reimbursed by the fees charged pursuant
21 to an agreement authorized under paragraph
22 (1) that includes the following:
23 (i) A determination and report on the
24 full costs of providing services, including
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1 direct and indirect costs, including a proc-
2 ess for increasing such fees as necessary.
3 (ii) Establishment of a monthly remit-
4 tance schedule to reimburse appropria-
5 tions.
6 (iii) Identification of overtime costs to
7 be reimbursed by such fees.
8 (5) DEPOSIT OF FUNDS.—Funds collected pur-
9 suant to any agreement entered into under para-
10 graph (1) shall be deposited as offsetting collections
11 and remain available until expended, without fiscal
12 year limitation, and shall directly reimburse each ap-
13 propriation for the amount paid out of that appro-
14 priation for any expenses incurred by U.S. Customs
15 and Border Protection in providing U.S. Customs
16 and Border Protection services and any other costs
17 incurred by U.S. Customs and Border Protection re-
18 lating to such services.
19 (6) TERMINATION.—The Commissioner shall
20 terminate the provision of services pursuant to an
21 agreement entered into under paragraph (1) with a
22 private sector or government entity that, after re-
23 ceiving notice from the Commissioner that a fee im-
24 posed under paragraph (4) is due, fails to pay such
25 fee in a timely manner. In the event of such termi-
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1 nation, all costs incurred by U.S. Customs and Bor-
2 der Protection, which have not been reimbursed, will
3 become immediately due and payable. Interest on
4 unpaid fees will accrue based on current Treasury
5 borrowing rates. Additionally, any private sector or
6 government entity that, after notice and demand for
7 payment of any fee charged under paragraph (4),
8 fails to pay such fee in a timely manner shall be lia-
9 ble for a penalty or liquidated damage equal to two
10 times the amount of such fee. Any amount collected
11 pursuant to any agreement entered into under para-
12 graph (1) shall be deposited into the account speci-
13 fied under paragraph (5) and shall be available as
14 described therein.
15 (7) NOTIFICATION.—The Commissioner shall
16 notify the Congress 15 days prior to entering into
17 any agreement under paragraph (1) and shall pro-
18 vide a copy of such agreement.
19 (f) DONATIONS.—
20 (1) IN GENERAL.—Subject to paragraph (2),
21 the Commissioner and the Administrator may, dur-
22 ing the pilot program described in subsection (a), ac-
23 cept a donation of real or personal property (includ-
24 ing monetary donations) or nonpersonal services
25 from any private sector or government entity with
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1 which U.S. Customs and Border Protection has en-
2 tered into a partnership.
3 (2) ALLOWABLE USES OF DONATIONS.—The
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1 (3) CONSULTATION AND BUDGET.—
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1 (II) the ports of entry that re-
2 ceived such donations; and
3 (III) how each donation helped
4 facilitate the construction, alternation,
5 operation, or maintenance of a new or
6 existing land port of entry.
7 (B) SAVINGS PROVISION.—Nothing in this
8 paragraph may be construed to—
9 (i) create any right or liability of the
10 parties referred to in subparagraph (A); or
11 (ii) affect any consultation require-
12 ment under any other law.
13 (4) EVALUATION PROCEDURES.—Not later than
14 180 days after the date of the enactment of this Act,
15 the Commissioner, in consultation with the Adminis-
16 trator, shall establish procedures for evaluating a
17 proposal submitted by a private sector or govern-
18 ment entity to make a donation of real or personal
19 property (including monetary donations) or nonper-
20 sonal services under paragraph (1) relating to a port
21 of entry under the jurisdiction, custody and control
22 of the Commissioner or the Administrator and make
23 any such evaluation criteria publicly available.
24 (5) CONSIDERATIONS.—In determining whether
25 or not to approve a proposal referred to in para-
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1 graph (4), the Commissioner or the Administrator
2 shall consider—
3 (A) the impact of such proposal on the
4 port of entry at issue and other ports of entry
5 on the same border;
6 (B) the potential of such proposal to in-
7 crease trade and travel efficiency through added
8 capacity;
9 (C) the potential of such proposal to en-
10 hance the security of the port of entry at issue;
11 (D) the funding available to complete the
12 intended use of a donation under this sub-
13 section, if such donation is real property;
14 (E) the costs of maintaining and operating
15 such donation;
16 (F) whether such donation, if real prop-
17 erty, satisfies the requirements of such pro-
18 posal, or whether additional real property would
19 be required;
20 (G) an explanation of how such donation,
21 if real property, was secured, including if emi-
22 nent domain was used;
23 (H) the impact of such proposal on staff-
24 ing requirements; and
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1 (I) other factors that the Commissioner or
2 Administrator determines to be relevant.
3 (6) UNCONDITIONAL MONETARY DONATIONS.—
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1 graph (1) that is returned pursuant to this para-
2 graph.
3 (9) SAVINGS PROVISION.—Nothing in this sub-
4 section may be construed to affect or alter the exist-
5 ing authority of the Commissioner or the Adminis-
6 trator to construct, alter, operate, and maintain port
7 of entry facilities.
8 (g) ANNUAL REPORTS.—The Commissioner, in col-
9 laboration with the Administrator, shall annually submit
10 to the Committee on Homeland Security and the Com-
11 mittee on Transportation and Infrastructure of the House
12 of Representatives and the Committee on Homeland Secu-
13 rity and Governmental Affairs and the Committee on En-
14 vironment and Public Works of the Senate a report on
15 the pilot program and activities undertaken pursuant
16 thereto in accordance with this Act.
17 (h) DEFINITIONS.—In this section—
18 (1) the term ‘‘private sector entity’’ means any
19 corporation, partnership, trust, association, or any
20 other private entity, or any officer, employee, or
21 agent thereof;
22 (2) the term ‘‘Commissioner’’ means the Com-
23 missioner of U.S. Customs and Border Protection;
24 and
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1 (3) the term ‘‘Administrator’’ means the Ad-
2 ministrator of General Services.
3 (i) ROLE OF GENERAL SERVICES ADMINISTRA-
4 TION.—Under this section, collaboration with the Admin-
5 istrator of General Services is required only with respect
6 to partnerships at land ports of entry.
7 SEC. 560. None of the funds made available in this
8 Act may be used to pay for the travel to or attendance
9 of more than 50 employees of a single component of the
10 Department of Homeland Security, who are stationed in
11 the United States, at a single international conference un-
12 less the Secretary of Homeland Security, or a designee,
13 determines that such attendance is in the national interest
14 and notifies the Committees on Appropriations of the Sen-
15 ate and the House of Representatives within at least 10
16 days of that determination and the basis for that deter-
17 mination: Provided, That for purposes of this section the
18 term ‘‘international conference’’ shall mean a conference
19 occurring outside of the United States attended by rep-
20 resentatives of the United States Government and of for-
21 eign governments, international organizations, or non-
22 governmental organizations.
23 SEC. 561. None of the funds made available by this
24 Act may be used to enter into a contract, memorandum
25 of understanding, or cooperative agreement with, make a
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701
1 grant to, or provide a loan or loan guarantee to any cor-
2 poration that was convicted (or had an officer or agent
3 of such corporation acting on behalf of the corporation
4 convicted) of a felony criminal violation under any Federal
5 or State law within the preceding 24 months, where the
6 awarding agency is aware of the conviction, unless the
7 agency has considered suspension or debarment of the cor-
8 poration, or such officer or agent, and made a determina-
9 tion that this further action is not necessary to protect
10 the interests of the Government.
11 SEC. 562. None of the funds made available in this
12 Act may be used to enter into a contract, memorandum
13 of understanding, or cooperative agreement with, make a
14 grant to, or provide a loan or loan guarantee to, any cor-
15 poration for which any unpaid Federal tax liability that
16 has been assessed, for which all judicial and administrative
17 remedies have been exhausted or have lapsed, and that
18 is not being paid in a timely manner pursuant to an agree-
19 ment with the authority responsible for collecting the tax
20 liability, where the awarding agency is aware of the unpaid
21 tax liability, unless the agency has considered suspension
22 or debarment of the corporation and made a determination
23 that this further action is not necessary to protect the in-
24 terests of the Government.
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702
1 SEC. 563. None of the funds made available in this
2 Act may be used to reimburse any Federal department
3 or agency for its participation in a National Special Secu-
4 rity Event.
5 SEC. 564. None of the funds made available in this
6 Act may be used for new U.S. Customs and Border Pro-
7 tection air preclearance agreements entering into force
8 after February 1, 2014, unless: (1) the Secretary of
9 Homeland Security, in consultation with the Secretary of
10 State, has certified to Congress that air preclearance oper-
11 ations at the airport provide a homeland or national secu-
12 rity benefit to the United States; (2) U.S. passenger air
13 carriers are not precluded from operating at existing
14 preclearance locations; and (3) a U.S. passenger air car-
15 rier is operating at all airports contemplated for establish-
16 ment of new air preclearance operations.
17 SEC. 565. In making grants under the heading ‘‘Fire-
18 fighter Assistance Grants’’, the Secretary may grant waiv-
19 ers from the requirements in subsections (a)(1)(A),
20 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section
21 34 of the Federal Fire Prevention and Control Act of 1974
22 (15 U.S.C. 2229a).
23 SEC. 566. (a) IN GENERAL.—Beginning on the date
24 of the enactment of this Act, the Secretary shall not—
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703
1 (1) establish, collect, or otherwise impose any
2 new border crossing fee on individuals crossing the
3 Southern border or the Northern border at a land
4 port of entry; or
5 (2) conduct any study relating to the imposition
6 of a border crossing fee.
7 (b) BORDER CROSSING FEE DEFINED.—In this sec-
8 tion, the term ‘‘border crossing fee’’ means a fee that
9 every pedestrian, cyclist, and driver and passenger of a
10 private motor vehicle is required to pay for the privilege
11 of crossing the Southern border or the Northern border
12 at a land port of entry.
13 SEC. 567. The administrative law judge annuitants
14 participating in the Senior Administrative Law Judge
15 Program managed by the Director of the Office of Per-
16 sonnel Management under section 3323 of title 5, United
17 States Code, shall be available on a temporary reemploy-
18 ment basis to conduct arbitrations of disputes arising from
19 delivery of assistance under the Federal Emergency Man-
20 agement Agency Public Assistance Program.
21 SEC. 568. As authorized by section 601(b) of the
22 United States-Colombia Trade Promotion Agreement Im-
23 plementation Act (Public Law 112–42) fees collected from
24 passengers arriving from Canada, Mexico, or an adjacent
25 island pursuant to section 13031(a)(5) of the Consolidated
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704
1 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
2 58c(a)(5)) shall be available until expended.
3 SEC. 569. (a) The Secretary of Homeland Security
4 shall submit to Congress, 180 days after the date of enact-
5 ment of this Act and annually thereafter beginning with
6 the submission of the President’s budget proposal for fis-
7 cal year 2016 pursuant to section 1105(a) of title 31,
8 United States Code, a comprehensive report on the pur-
9 chase and usage of ammunition, subdivided by ammuni-
10 tion type. The report shall include—
11 (1) the quantity of ammunition in inventory at
12 the end of the preceding calendar year, and the
13 amount of ammunition expended and purchased,
14 subdivided by ammunition type, during the year for
15 each relevant component or agency in the Depart-
16 ment of Homeland Security;
17 (2) a description of how such quantity, usage,
18 and purchase aligns to each component or agency’s
19 mission requirements for certification, qualification,
20 training, and operations; and
21 (3) details on all contracting practices applied
22 by the Department of Homeland Security, including
23 comparative details regarding other contracting op-
24 tions with respect to cost and availability.
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705
1 (b) The reports required by subsection (a) shall be
2 submitted in an appropriate format in order to ensure the
3 safety of law enforcement personnel.
4 SEC. 570. The Commissioner of U.S. Customs and
5 Border Protection may waive the claim for reimbursement
6 of $221,123 from the fiscal year 2009 appropriation for
7 the Office of the Federal Coordinator for Gulf Coast Re-
8 building.
9 SEC. 571. (a) The Commissioner of U.S. Customs
10 and Border Protection shall develop metrics that support
11 a goal of reducing passenger processing times at air, land,
12 and sea ports of entry, taking into consideration the ca-
13 pacity of an air or land port’s physical infrastructure, air-
14 line arrival schedules, peak processing periods, and secu-
15 rity requirements.
16 (b) Not later than 240 days after the date of enact-
17 ment of this Act, the Commissioner of U.S. Customs and
18 Border Protection shall develop and implement oper-
19 ational work plans to meet the goals of subsection (a) at
20 United States air, land, and sea ports with the highest
21 passenger volume and longest wait times. In developing
22 such plans, the Commissioner of U.S. Customs and Bor-
23 der Protection shall consult with appropriate stakeholders,
24 including, but not limited to, airlines and airport opera-
25 tors, port authorities, and importers.
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706
1 SEC. 572. None of the funds made available in this
2 Act may be used to implement, carry out, administer, or
3 enforce section 1308(h) of the National Flood Insurance
4 Act of 1968 (42 U.S.C. 4015(h)).
5 (RESCISSIONS)
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707
1 (4) $19,879,000 from Public Law 113–6 under
2 the heading ‘‘Coast Guard Acquisition, Construction,
3 and Improvements’’;
4 (5) $35,000,000 from Public Law 113–6 under
5 the heading ‘‘Transportation Security Administra-
6 tion Aviation Security’’;
7 (6) $20,000,000 from Public Law 113–6 under
8 the heading ‘‘Transportation Security Administra-
9 tion Surface Transportation Security’’;
10 (7) $2,000,000 from ‘‘Transportation Security
11 Administration Aviation Security’’ account 70x0550;
12 (8) $977,000 from ‘‘Transportation Security
13 Administration Research and Development’’ account
14 70x0553; and
15 (9) $67,498,000 from unobligated prior year
16 balances from ‘‘U.S. Customs and Border Protection
17 Border Security, Fencing, Infrastructure, and Tech-
18 nology’’.
19 (RESCISSION)
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708
1 (RESCISSIONS)
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709
1 (8) $995,654 from the ‘‘Working Capital
2 Fund’’.
3 (RESCISSIONS)
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710
1 (10) $1,231,880 from ‘‘Transportation Security
2 Administration, Federal Air Marshals’’;
3 (11) $3,878,889 from ‘‘Coast Guard, Operating
4 Expenses’’;
5 (12) $245,899 from ‘‘Coast Guard, Acquisition,
6 Construction, and Improvements’’;
7 (13) $952,007 from ‘‘United States Secret
8 Service, Salaries and Expenses’’;
9 (14) $118,039 from ‘‘National Protection and
10 Programs Directorate, Management and Administra-
11 tion’’;
12 (15) $120,625 from ‘‘National Protection and
13 Programs Directorate, Office of Biometric Identity
14 Management’’;
15 (16) $90,628 from ‘‘Office of Health Affairs’’;
16 (17) $393,451 from ‘‘Federal Emergency Man-
17 agement Agency, Salaries and Expenses’’;
18 (18) $314,713 from ‘‘Federal Emergency Man-
19 agement Agency, State and Local Programs’’;
20 (19) $1,906,158 from ‘‘United States Citizen-
21 ship and Immigration Services’’;
22 (20) $389,718 from ‘‘Federal Law Enforcement
23 Training Center, Salaries and Expenses’’;
24 (21) $132,998 from ‘‘Science and Technology,
25 Management and Administration’’; and
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711
1 (22) $56,993 from ‘‘Domestic Nuclear Detec-
2 tion Office, Management and Administration’’.
3 SEC. 577. Of the unobligated balance available to
4 ‘‘Federal Emergency Management Agency, Disaster Relief
5 Fund’’, $300,522,000 are rescinded: Provided, That no
6 amounts may be rescinded from amounts that were des-
7 ignated by the Congress as an emergency requirement
8 pursuant to a concurrent resolution on the budget or the
9 Balanced Budget and Emergency Deficit Control Act of
10 1985, as amended: Provided further, That no amounts
11 may be rescinded from the amounts that were designated
12 by the Congress as being for disaster relief pursuant to
13 section 251(b)(2)(D) of the Balanced Budget and Emer-
14 gency Deficit Control Act of 1985.
15 This division may be cited as the ‘‘Department of
16 Homeland Security Appropriations Act, 2014’’.
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712
1 DIVISION G—DEPARTMENT OF THE INTE-
2 RIOR, ENVIRONMENT, AND RELATED
3 AGENCIES APPROPRIATIONS ACT, 2014
4 TITLE I
5 DEPARTMENT OF THE INTERIOR
6 BUREAU OF LAND MANAGEMENT
7 MANAGEMENT OF LANDS AND RESOURCES
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713
1 In addition, $32,500,000 is for the processing of ap-
2 plications for permit to drill and related use authoriza-
3 tions, to remain available until expended, to be reduced
4 by amounts collected by the Bureau and credited to this
5 appropriation that shall be derived from a fee of $6,500
6 per new application for permit to drill that the Bureau
7 shall collect upon submission of each new application, and
8 in addition, $39,696,000 is for Mining Law Administra-
9 tion program operations, including the cost of admin-
10 istering the mining claim fee program, to remain available
11 until expended, to be reduced by amounts collected by the
12 Bureau and credited to this appropriation from mining
13 claim maintenance fees and location fees that are hereby
14 authorized for fiscal year 2014 so as to result in a final
15 appropriation estimated at not more than $956,875,000,
16 and $2,000,000, to remain available until expended, from
17 communication site rental fees established by the Bureau
18 for the cost of administering communication site activities.
19 LAND ACQUISITION
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714
1 OREGON AND CALIFORNIA GRANT LANDS
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715
1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
2 315(b), 315(m)) and the amount designated for range im-
3 provements from grazing fees and mineral leasing receipts
4 from Bankhead-Jones lands transferred to the Depart-
5 ment of the Interior pursuant to law, but not less than
6 $10,000,000, to remain available until expended: Pro-
7 vided, That not to exceed $600,000 shall be available for
8 administrative expenses.
9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES
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716
1 1735(c)), shall be available and may be expended under
2 the authority of this Act by the Secretary to improve, pro-
3 tect, or rehabilitate any public lands administered through
4 the Bureau of Land Management which have been dam-
5 aged by the action of a resource developer, purchaser, per-
6 mittee, or any unauthorized person, without regard to
7 whether all moneys collected from each such action are
8 used on the exact lands damaged which led to the action:
9 Provided further, That any such moneys that are in excess
10 of amounts needed to repair damage to the exact land for
11 which funds were collected may be used to repair other
12 damaged public lands.
13 MISCELLANEOUS TRUST FUNDS
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717
1 able agreements with public and private entities, including
2 with States. Appropriations for the Bureau shall be avail-
3 able for purchase, erection, and dismantlement of tem-
4 porary structures, and alteration and maintenance of nec-
5 essary buildings and appurtenant facilities to which the
6 United States has title; up to $100,000 for payments, at
7 the discretion of the Secretary, for information or evidence
8 concerning violations of laws administered by the Bureau;
9 miscellaneous and emergency expenses of enforcement ac-
10 tivities authorized or approved by the Secretary and to be
11 accounted for solely on the Secretary’s certificate, not to
12 exceed $10,000: Provided, That notwithstanding Public
13 Law 90–620 (44 U.S.C. 501), the Bureau may, under co-
14 operative cost-sharing and partnership arrangements au-
15 thorized by law, procure printing services from cooperators
16 in connection with jointly produced publications for which
17 the cooperators share the cost of printing either in cash
18 or in services, and the Bureau determines the cooperator
19 is capable of meeting accepted quality standards: Provided
20 further, That projects to be funded pursuant to a written
21 commitment by a State government to provide an identi-
22 fied amount of money in support of the project may be
23 carried out by the Bureau on a reimbursable basis. Appro-
24 priations herein made shall not be available for the de-
25 struction of healthy, unadopted, wild horses and burros
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718
1 in the care of the Bureau or its contractors or for the
2 sale of wild horses and burros that results in their destruc-
3 tion for processing into commercial products.
4 UNITED STATES FISH AND WILDLIFE SERVICE
5 RESOURCE MANAGEMENT
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719
1 and (b)(3)(B); and, of which not to exceed $1,504,000
2 shall be used for implementing subsections (a), (b), (c),
3 and (e) of section 4 of the Endangered Species Act of
4 1973 (16 U.S.C. 1533) for species that are not indigenous
5 to the United States.
6 CONSTRUCTION
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720
1 COOPERATIVE ENDANGERED SPECIES CONSERVATION
2 FUND
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721
1 4261 et seq.), the Rhinoceros and Tiger Conservation Act
2 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con-
3 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the
4 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601
5 et seq.), $9,061,000, to remain available until expended.
6 STATE AND TRIBAL WILDLIFE GRANTS
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722
1 herein in the following manner: (1) to the District of Co-
2 lumbia and to the Commonwealth of Puerto Rico, each
3 a sum equal to not more than one-half of 1 percent there-
4 of; and (2) to Guam, American Samoa, the United States
5 Virgin Islands, and the Commonwealth of the Northern
6 Mariana Islands, each a sum equal to not more than one-
7 fourth of 1 percent thereof: Provided further, That the
8 Secretary shall apportion the remaining amount in the fol-
9 lowing manner: (1) one-third of which is based on the ratio
10 to which the land area of such State bears to the total
11 land area of all such States; and (2) two-thirds of which
12 is based on the ratio to which the population of such State
13 bears to the total population of all such States: Provided
14 further, That the amounts apportioned under this para-
15 graph shall be adjusted equitably so that no State shall
16 be apportioned a sum which is less than 1 percent of the
17 amount available for apportionment under this paragraph
18 for any fiscal year or more than 5 percent of such amount:
19 Provided further, That the Federal share of planning
20 grants shall not exceed 75 percent of the total costs of
21 such projects and the Federal share of implementation
22 grants shall not exceed 65 percent of the total costs of
23 such projects: Provided further, That the non-Federal
24 share of such projects may not be derived from Federal
25 grant programs: Provided further, That any amount ap-
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723
1 portioned in 2014 to any State, territory, or other jurisdic-
2 tion that remains unobligated as of September 30, 2015,
3 shall be reapportioned, together with funds appropriated
4 in 2016, in the manner provided herein.
5 ADMINISTRATIVE PROVISIONS
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724
1 tions for which the cooperators share at least one-half the
2 cost of printing either in cash or services and the Service
3 determines the cooperator is capable of meeting accepted
4 quality standards: Provided further, That the Service may
5 accept donated aircraft as replacements for existing air-
6 craft.
7 NATIONAL PARK SERVICE
8 OPERATION OF THE NATIONAL PARK SYSTEM
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725
1 HISTORIC PRESERVATION FUND
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726
1 Tamiami Trail project may not be awarded until sufficient
2 Federal funds and written commitments from non-Federal
3 entities are available to cover the total estimated cost of
4 the contract: Provided further, That because the Tamiami
5 Trail project provides significant environmental benefits
6 for Everglades National Park, the requirements of 49
7 U.S.C. 303 are deemed satisfied with respect to such
8 project and no additional documentation shall be required
9 under such section.
10 LAND AND WATER CONSERVATION FUND
11 (RESCISSION)
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727
1 grants as authorized by section 7301 of the Omnibus Pub-
2 lic Land Management Act of 2009 (Public Law 111–11).
3 ADMINISTRATIVE PROVISIONS
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728
1 thorized to be disbursed under such section, such retained
2 amounts to remain available until expended.
3 National Park Service funds may be transferred to
4 the Federal Highway Administration (FHWA), Depart-
5 ment of Transportation, for purposes authorized under 23
6 U.S.C. 204. Transfers may include a reasonable amount
7 for FHWA administrative support costs.
8 UNITED STATES GEOLOGICAL SURVEY
9 SURVEYS, INVESTIGATIONS, AND RESEARCH
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729
1 available until expended for satellite operations; and of
2 which $7,280,000 shall be available until expended for de-
3 ferred maintenance and capital improvement projects that
4 exceed $100,000 in cost: Provided, That none of the funds
5 provided for the ecosystem research activity shall be used
6 to conduct new surveys on private property, unless specifi-
7 cally authorized in writing by the property owner: Pro-
8 vided further, That no part of this appropriation shall be
9 used to pay more than one-half the cost of topographic
10 mapping or water resources data collection and investiga-
11 tions carried on in cooperation with States and municipali-
12 ties.
13 ADMINISTRATIVE PROVISIONS
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730
1 resent the United States in the negotiation and adminis-
2 tration of interstate compacts: Provided, That activities
3 funded by appropriations herein made may be accom-
4 plished through the use of contracts, grants, or coopera-
5 tive agreements as defined in section 6302 of title 31,
6 United States Code: Provided further, That the United
7 States Geological Survey may enter into contracts or coop-
8 erative agreements directly with individuals or indirectly
9 with institutions or nonprofit organizations, without re-
10 gard to 41 U.S.C. 6101, for the temporary or intermittent
11 services of students or recent graduates, who shall be con-
12 sidered employees for the purpose of chapters 57 and 81
13 of title 5, United States Code, relating to compensation
14 for travel and work injuries, and chapter 171 of title 28,
15 United States Code, relating to tort claims, but shall not
16 be considered to be Federal employees for any other pur-
17 poses.
18 BUREAU OF OCEAN ENERGY MANAGEMENT
19 OCEAN ENERGY MANAGEMENT
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731
1 and to the extent provided by Presidential or Secretarial
2 delegation; and for matching grants or cooperative agree-
3 ments, $166,891,000, of which $69,000,000 is to remain
4 available until September 30, 2015 and of which
5 $97,891,000 is to remain available until expended: Pro-
6 vided, That this total appropriation shall be reduced by
7 amounts collected by the Secretary and credited to this
8 appropriation from additions to receipts resulting from in-
9 creases to lease rental rates in effect on August 5, 1993,
10 and from cost recovery fees from activities conducted by
11 the Bureau of Ocean Energy Management pursuant to the
12 Outer Continental Shelf Lands Act, including studies, as-
13 sessments, analysis, and miscellaneous administrative ac-
14 tivities: Provided further, That the sum herein appro-
15 priated shall be reduced as such collections are received
16 during the fiscal year, so as to result in a final fiscal year
17 2014 appropriation estimated at not more than
18 $69,000,000: Provided further, That not to exceed $3,000
19 shall be available for reasonable expenses related to pro-
20 moting volunteer beach and marine cleanup activities.
21 BUREAU OF SAFETY AND ENVIRONMENTAL
22 ENFORCEMENT
23 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
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732
1 agreements for use for oil and gas, other minerals, energy,
2 and marine-related purposes on the Outer Continental
3 Shelf, as authorized by law; for enforcing and imple-
4 menting laws and regulations as authorized by law and
5 to the extent provided by Presidential or Secretarial dele-
6 gation; and for matching grants or cooperative agree-
7 ments, $122,715,000, of which $63,745,000 is to remain
8 available until September 30, 2015 and of which
9 $58,970,000 is to remain available until expended: Pro-
10 vided, That this total appropriation shall be reduced by
11 amounts collected by the Secretary and credited to this
12 appropriation from additions to receipts resulting from in-
13 creases to lease rental rates in effect on August 5, 1993,
14 and from cost recovery fees from activities conducted by
15 the Bureau of Safety and Environmental Enforcement
16 pursuant to the Outer Continental Shelf Lands Act, in-
17 cluding studies, assessments, analysis, and miscellaneous
18 administrative activities: Provided further, That the sum
19 herein appropriated shall be reduced as such collections
20 are received during the fiscal year, so as to result in a
21 final fiscal year 2014 appropriation estimated at not more
22 than $63,745,000.
23 For an additional amount, $65,000,000, to remain
24 available until expended, to be reduced by amounts col-
25 lected by the Secretary and credited to this appropriation,
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733
1 which shall be derived from non-refundable inspection fees
2 collected in fiscal year 2014, as provided in this Act: Pro-
3 vided, That to the extent that amounts realized from such
4 inspection fees exceed $65,000,000, the amounts realized
5 in excess of $65,000,000 shall be credited to this appro-
6 priation and remain available until expended: Provided
7 further, That for fiscal year 2014, not less than 50 percent
8 of the inspection fees expended by the Bureau of Safety
9 and Environmental Enforcement will be used to fund per-
10 sonnel and mission-related costs to expand capacity and
11 expedite the orderly development, subject to environmental
12 safeguards, of the Outer Continental Shelf pursuant to the
13 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
14 seq.), including the review of applications for permits to
15 drill.
16 OIL SPILL RESEARCH
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734
1 OFFICE OF SURFACE MINING RECLAMATION AND
2 ENFORCEMENT
3 REGULATION AND TECHNOLOGY
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735
1 count as discretionary offsetting collections, to remain
2 available until expended.
3 ABANDONED MINE RECLAMATION FUND
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736
1 ADMINISTRATIVE PROVISION
9 EDUCATION
10 OPERATION OF INDIAN PROGRAMS
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737
1 to provide for disaster relief to Indian communities af-
2 fected by the disaster: Provided further, That federally rec-
3 ognized Indian tribes and tribal organizations of federally
4 recognized Indian tribes may use their tribal priority allo-
5 cations for unmet welfare assistance costs: Provided fur-
6 ther, That not to exceed $591,234,000 for school oper-
7 ations costs of Bureau-funded schools and other education
8 programs shall become available on July 1, 2014, and
9 shall remain available until September 30, 2015: Provided
10 further, That not to exceed $41,900,000 shall remain
11 available until expended for housing improvement, road
12 maintenance, attorney fees, litigation support, land
13 records improvement, and the Navajo-Hopi Settlement
14 Program: Provided further, That notwithstanding any
15 other provision of law, including but not limited to the
16 Indian Self-Determination Act of 1975 (25 U.S.C. 450f
17 et seq.) and section 1128 of the Education Amendments
18 of 1978 (25 U.S.C. 2008), not to exceed $48,253,000
19 within and only from such amounts made available for
20 school operations shall be available for administrative cost
21 grants associated with ongoing grants entered into with
22 the Bureau prior to or during fiscal year 2013 for the
23 operation of Bureau-funded schools, and up to $500,000
24 within and only from such amounts made available for ad-
25 ministrative cost grants shall be available for the transi-
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738
1 tional costs of initial administrative cost grants to grant-
2 ees that assume operation on or after July 1, 2013, of
3 Bureau-funded schools: Provided further, That any for-
4 estry funds allocated to a tribe which remain unobligated
5 as of September 30, 2015, may be transferred during fis-
6 cal year 2016 to an Indian forest land assistance account
7 established for the benefit of the holder of the funds within
8 the holder’s trust fund account: Provided further, That
9 any such unobligated balances not so transferred shall ex-
10 pire on September 30, 2016: Provided further, That in
11 order to enhance the safety of Bureau field employees, the
12 Bureau may use funds to purchase uniforms or other iden-
13 tifying articles of clothing for personnel.
14 CONSTRUCTION
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739
1 Reclamation: Provided further, That not to exceed 6 per-
2 cent of contract authority available to the Bureau of In-
3 dian Affairs from the Federal Highway Trust Fund may
4 be used to cover the road program management costs of
5 the Bureau: Provided further, That any funds provided for
6 the Safety of Dams program pursuant to 25 U.S.C. 13
7 shall be made available on a nonreimbursable basis: Pro-
8 vided further, That for fiscal year 2014, in implementing
9 new construction or facilities improvement and repair
10 project grants in excess of $100,000 that are provided to
11 grant schools under Public Law 100–297, the Secretary
12 of the Interior shall use the Administrative and Audit Re-
13 quirements and Cost Principles for Assistance Programs
14 contained in 43 CFR part 12 as the regulatory require-
15 ments: Provided further, That such grants shall not be
16 subject to section 12.61 of 43 CFR; the Secretary and
17 the grantee shall negotiate and determine a schedule of
18 payments for the work to be performed: Provided further,
19 That in considering grant applications, the Secretary shall
20 consider whether such grantee would be deficient in assur-
21 ing that the construction projects conform to applicable
22 building standards and codes and Federal, tribal, or State
23 health and safety standards as required by 25 U.S.C.
24 2005(b), with respect to organizational and financial man-
25 agement capabilities: Provided further, That if the Sec-
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740
1 retary declines a grant application, the Secretary shall fol-
2 low the requirements contained in 25 U.S.C. 2504(f): Pro-
3 vided further, That any disputes between the Secretary
4 and any grantee concerning a grant shall be subject to
5 the disputes provision in 25 U.S.C. 2507(e): Provided fur-
6 ther, That in order to ensure timely completion of con-
7 struction projects, the Secretary may assume control of
8 a project and all funds related to the project, if, within
9 18 months of the date of enactment of this Act, any grant-
10 ee receiving funds appropriated in this Act or in any prior
11 Act, has not completed the planning and design phase of
12 the project and commenced construction: Provided further,
13 That this appropriation may be reimbursed from the Of-
14 fice of the Special Trustee for American Indians appro-
15 priation for the appropriate share of construction costs for
16 space expansion needed in agency offices to meet trust re-
17 form implementation.
18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
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741
1 standing section 10807(b)(3) and section 10807(c)(3) of
2 Public Law 111–11, the Secretary is authorized to make
3 payments in fiscal year 2014 in such an amount as to sat-
4 isfy the total authorized amount for Duck Valley Indian
5 Irrigation Project Development Fund and Maintenance
6 Funds.
7 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
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742
1 agement, operation, and maintenance of the Power Divi-
2 sion of the San Carlos Irrigation Project.
3 Notwithstanding any other provision of law, no funds
4 available to the Bureau of Indian Affairs for central office
5 oversight and Executive Direction and Administrative
6 Services (except executive direction and administrative
7 services funding for Tribal Priority Allocations, regional
8 offices, and facilities operations and maintenance) shall be
9 available for contracts, grants, compacts, or cooperative
10 agreements with the Bureau of Indian Affairs under the
11 provisions of the Indian Self-Determination Act or the
12 Tribal Self-Governance Act of 1994 (Public Law 103–
13 413).
14 In the event any tribe returns appropriations made
15 available by this Act to the Bureau of Indian Affairs, this
16 action shall not diminish the Federal Government’s trust
17 responsibility to that tribe, or the government-to-govern-
18 ment relationship between the United States and that
19 tribe, or that tribe’s ability to access future appropria-
20 tions.
21 Notwithstanding any other provision of law, no funds
22 available to the Bureau of Indian Education, other than
23 the amounts provided herein for assistance to public
24 schools under 25 U.S.C. 452 et seq., shall be available to
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743
1 support the operation of any elementary or secondary
2 school in the State of Alaska.
3 No funds available to the Bureau of Indian Edu-
4 cation shall be used to support expanded grades for any
5 school or dormitory beyond the grade structure in place
6 or approved by the Secretary of the Interior at each school
7 in the Bureau of Indian Education school system as of
8 October 1, 1995, except that the Secretary of the Interior
9 may wave this prohibition to support expansion of up to
10 one additional grade when the Secretary determines such
11 waiver is needed to support accomplishment of the mission
12 of the Bureau of Indian Education. Appropriations made
13 available in this or any prior Act for schools funded by
14 the Bureau shall be available, in accordance with the Bu-
15 reau’s funding formula, only to the schools in the Bureau
16 school system as of September 1, 1996 and to any school
17 or school program that was reinstated in fiscal year 2012.
18 Funds made available under this Act may not be used to
19 establish a charter school at a Bureau-funded school (as
20 that term is defined in section 1141 of the Education
21 Amendments of 1978 (25 U.S.C. 2021)), except that a
22 charter school that is in existence on the date of the enact-
23 ment of this Act and that has operated at a Bureau-fund-
24 ed school before September 1, 1999, may continue to oper-
25 ate during that period, but only if the charter school pays
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744
1 to the Bureau a pro rata share of funds to reimburse the
2 Bureau for the use of the real and personal property (in-
3 cluding buses and vans), the funds of the charter school
4 are kept separate and apart from Bureau funds, and the
5 Bureau does not assume any obligation for charter school
6 programs of the State in which the school is located if
7 the charter school loses such funding. Employees of Bu-
8 reau-funded schools sharing a campus with a charter
9 school and performing functions related to the charter
10 school’s operation and employees of a charter school shall
11 not be treated as Federal employees for purposes of chap-
12 ter 171 of title 28, United States Code.
13 Notwithstanding any other provision of law, including
14 section 113 of title I of appendix C of Public Law 106–
15 113, if in fiscal year 2003 or 2004 a grantee received indi-
16 rect and administrative costs pursuant to a distribution
17 formula based on section 5(f) of Public Law 101–301, the
18 Secretary shall continue to distribute indirect and admin-
19 istrative cost funds to such grantee using the section 5(f)
20 distribution formula.
21 DEPARTMENTAL OFFICES
22 OFFICE OF THE SECRETARY
23 DEPARTMENTAL OPERATIONS
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745
1 bursement of royalties, fees, and other mineral revenue
2 proceeds, and for grants and cooperative agreements, as
3 authorized by law, $264,000,000, to remain available until
4 September 30, 2015; of which not to exceed $15,000 may
5 be for official reception and representation expenses; and
6 of which up to $1,000,000 shall be available for workers
7 compensation payments and unemployment compensation
8 payments associated with the orderly closure of the United
9 States Bureau of Mines; and of which $12,168,000 for
10 the Office of Valuation Services is to be derived from the
11 Land and Water Conservation Fund and shall remain
12 available until expended; and of which $38,300,000 shall
13 remain available until expended for the purpose of mineral
14 revenue management activities: Provided, That, for fiscal
15 year 2014, up to $400,000 of the payments authorized
16 by the Act of October 20, 1976 (31 U.S.C. 6901–6907)
17 may be retained for administrative expenses of the Pay-
18 ments in Lieu of Taxes Program: Provided further, That
19 no payment shall be made pursuant to that Act to other-
20 wise eligible units of local government if the computed
21 amount of the payment is less than $100: Provided fur-
22 ther, That the Secretary may reduce the payment author-
23 ized by 31 U.S.C. 6901–6907 for an individual county by
24 the amount necessary to correct prior year overpayments
25 to that county: Provided further, That the amount needed
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746
1 to correct a prior year underpayment to an individual
2 county shall be paid from any reductions for overpayments
3 to other counties and the amount necessary to cover any
4 remaining underpayment is hereby appropriated and shall
5 be paid to individual counties: Provided further, That not-
6 withstanding any other provision of law, $15,000 under
7 this heading shall be available for refunds of overpayments
8 in connection with certain Indian leases in which the Sec-
9 retary concurred with the claimed refund due, to pay
10 amounts owed to Indian allottees or tribes, or to correct
11 prior unrecoverable erroneous payments: Provided further,
12 That, notwithstanding the provisions of section 35(b) of
13 the Mineral Leasing Act (30 U.S.C. 191(b)), the Secretary
14 shall deduct 2 percent from the amount payable to each
15 State in fiscal year 2014 and deposit the amount deducted
16 to miscellaneous receipts of the Treasury.
17 INSULAR AFFAIRS
18 ASSISTANCE TO TERRITORIES
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747
1 ties, and brown tree snake control and research; grants
2 to the judiciary in American Samoa for compensation and
3 expenses, as authorized by law (48 U.S.C. 1661(c));
4 grants to the Government of American Samoa, in addition
5 to current local revenues, for construction and support of
6 governmental functions; grants to the Government of the
7 Virgin Islands as authorized by law; grants to the Govern-
8 ment of Guam, as authorized by law; and grants to the
9 Government of the Northern Mariana Islands as author-
10 ized by law (Public Law 94–241; 90 Stat. 272); and (2)
11 $9,448,000 shall be available until September 30, 2015,
12 for salaries and expenses of the Office of Insular Affairs:
13 Provided, That all financial transactions of the territorial
14 and local governments herein provided for, including such
15 transactions of all agencies or instrumentalities estab-
16 lished or used by such governments, may be audited by
17 the Government Accountability Office, at its discretion, in
18 accordance with chapter 35 of title 31, United States
19 Code: Provided further, That Northern Mariana Islands
20 Covenant grant funding shall be provided according to
21 those terms of the Agreement of the Special Representa-
22 tives on Future United States Financial Assistance for the
23 Northern Mariana Islands approved by Public Law 104–
24 134: Provided further, That the funds for the program of
25 operations and maintenance improvement are appro-
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748
1 priated to institutionalize routine operations and mainte-
2 nance improvement of capital infrastructure with terri-
3 torial participation and cost sharing to be determined by
4 the Secretary based on the grantee’s commitment to time-
5 ly maintenance of its capital assets: Provided further, That
6 any appropriation for disaster assistance under this head-
7 ing in this Act or previous appropriations Acts may be
8 used as non-Federal matching funds for the purpose of
9 hazard mitigation grants provided pursuant to section 404
10 of the Robert T. Stafford Disaster Relief and Emergency
11 Assistance Act (42 U.S.C. 5170c).
12 COMPACT OF FREE ASSOCIATION
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749
1 188 and Public Law 104–134, that are allocated for
2 Guam, to the Secretary of Agriculture for the subsidy cost
3 of direct or guaranteed loans, plus not to exceed three per-
4 cent of the amount of the subsidy transferred for the cost
5 of loan administration, for the purposes authorized by the
6 Rural Electrification Act of 1936 and section 306(a)(1)
7 of the Consolidated Farm and Rural Development Act for
8 construction and repair projects in Guam, and such funds
9 shall remain available until expended: Provided, That such
10 costs, including the cost of modifying such loans, shall be
11 as defined in section 502 of the Congressional Budget Act
12 of 1974: Provided further, That such loans or loan guaran-
13 tees may be made without regard to the population of the
14 area, credit elsewhere requirements, and restrictions on
15 the types of eligible entities under the Rural Electrifica-
16 tion Act of 1936 and section 306(a)(1) of the Consolidated
17 Farm and Rural Development Act: Provided further, That
18 any funds transferred to the Secretary of Agriculture shall
19 be in addition to funds otherwise made available to make
20 or guarantee loans under such authorities.
21 OFFICE OF THE SOLICITOR
22 SALARIES AND EXPENSES
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750
1 OFFICE OF INSPECTOR GENERAL
2 SALARIES AND EXPENSES
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751
1 standing any other provision of law, the statute of limita-
2 tions shall not commence to run on any claim, including
3 any claim in litigation pending on the date of the enact-
4 ment of this Act, concerning losses to or mismanagement
5 of trust funds, until the affected Indian tribe or individual
6 Indian has been furnished with an accounting of such
7 funds from which the beneficiary can determine whether
8 there has been a loss: Provided further, That, notwith-
9 standing any other provision of law, the Secretary shall
10 not be required to provide a quarterly statement of per-
11 formance for any Indian trust account that has not had
12 activity for at least 18 months and has a balance of $15
13 or less: Provided further, That the Secretary shall issue
14 an annual account statement and maintain a record of any
15 such accounts and shall permit the balance in each such
16 account to be withdrawn upon the express written request
17 of the account holder: Provided further, That not to exceed
18 $50,000 is available for the Secretary to make payments
19 to correct administrative errors of either disbursements
20 from or deposits to Individual Indian Money or Tribal ac-
21 counts after September 30, 2002: Provided further, That
22 erroneous payments that are recovered shall be credited
23 to and remain available in this account for this purpose.
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752
1 DEPARTMENT-WIDE PROGRAMS
2 WILDLAND FIRE MANAGEMENT
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753
1 limitation: Provided further, That using the amounts des-
2 ignated under this title of this Act, the Secretary of the
3 Interior may enter into procurement contracts, grants, or
4 cooperative agreements, for hazardous fuels reduction ac-
5 tivities, and for training and monitoring associated with
6 such hazardous fuels reduction activities, on Federal land,
7 or on adjacent non-Federal land for activities that benefit
8 resources on Federal land: Provided further, That the
9 costs of implementing any cooperative agreement between
10 the Federal Government and any non-Federal entity may
11 be shared, as mutually agreed on by the affected parties:
12 Provided further, That notwithstanding requirements of
13 the Competition in Contracting Act, the Secretary, for
14 purposes of hazardous fuels reduction activities, may ob-
15 tain maximum practicable competition among: (1) local
16 private, nonprofit, or cooperative entities; (2) Youth Con-
17 servation Corps crews, Public Lands Corps (Public Law
18 109–154), or related partnerships with State, local, or
19 nonprofit youth groups; (3) small or micro-businesses; or
20 (4) other entities that will hire or train locally a significant
21 percentage, defined as 50 percent or more, of the project
22 workforce to complete such contracts: Provided further,
23 That in implementing this section, the Secretary shall de-
24 velop written guidance to field units to ensure account-
25 ability and consistent application of the authorities pro-
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754
1 vided herein: Provided further, That funds appropriated
2 under this heading may be used to reimburse the United
3 States Fish and Wildlife Service and the National Marine
4 Fisheries Service for the costs of carrying out their re-
5 sponsibilities under the Endangered Species Act of 1973
6 (16 U.S.C. 1531 et seq.) to consult and conference, as
7 required by section 7 of such Act, in connection with
8 wildland fire management activities: Provided further,
9 That the Secretary of the Interior may use wildland fire
10 appropriations to enter into leases of real property with
11 local governments, at or below fair market value, to con-
12 struct capitalized improvements for fire facilities on such
13 leased properties, including but not limited to fire guard
14 stations, retardant stations, and other initial attack and
15 fire support facilities, and to make advance payments for
16 any such lease or for construction activity associated with
17 the lease: Provided further, That the Secretary of the Inte-
18 rior and the Secretary of Agriculture may authorize the
19 transfer of funds appropriated for wildland fire manage-
20 ment, in an aggregate amount not to exceed $50,000,000,
21 between the Departments when such transfers would fa-
22 cilitate and expedite wildland fire management programs
23 and projects: Provided further, That funds provided for
24 wildfire suppression shall be available for support of Fed-
25 eral emergency response actions: Provided further, That
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755
1 funds appropriated under this heading shall be available
2 for assistance to or through the Department of State in
3 connection with forest and rangeland research, technical
4 information, and assistance in foreign countries, and, with
5 the concurrence of the Secretary of State, shall be avail-
6 able to support forestry, wildland fire management, and
7 related natural resource activities outside the United
8 States and its territories and possessions, including tech-
9 nical assistance, education and training, and cooperation
10 with United States and international organizations: Pro-
11 vided further, That of the funds made available under sec-
12 tion 135 of Public Law 113–46, $7,500,000 are rescinded
13 and the remaining balances shall not be subject to the pro
14 rata replenishment requirement in section 102 of title I
15 of this division.
16 FLAME WILDFIRE SUPPRESSION RESERVE FUND
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756
1 with section 502 of the FLAME Act of 2009 (43 U.S.C.
2 1748a).
3 CENTRAL HAZARDOUS MATERIALS FUND
11 RESTORATION
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757
1 solidation of facilities and operations throughout the De-
2 partment, $57,000,000, to remain available until ex-
3 pended: Provided, That none of the funds appropriated in
4 this Act or any other Act may be used to establish reserves
5 in the Working Capital Fund account other than for ac-
6 crued annual leave and depreciation of equipment without
7 prior approval of the Committees on Appropriations of the
8 House of Representatives and the Senate: Provided fur-
9 ther, That the Secretary may assess reasonable charges
10 to State, local and tribal government employees for train-
11 ing services provided by the National Indian Program
12 Training Center, other than training related to Public
13 Law 93–638: Provided further, That the Secretary may
14 lease or otherwise provide space and related facilities,
15 equipment or professional services of the National Indian
16 Program Training Center to State, local and tribal govern-
17 ment employees or persons or organizations engaged in
18 cultural, educational, or recreational activities (as defined
19 in section 3306(a) of title 40, United States Code) at the
20 prevailing rate for similar space, facilities, equipment, or
21 services in the vicinity of the National Indian Program
22 Training Center: Provided further, That all funds received
23 pursuant to the two preceding provisos shall be credited
24 to this account, shall be available until expended, and shall
25 be used by the Secretary for necessary expenses of the
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758
1 National Indian Program Training Center: Provided fur-
2 ther, That the Secretary may enter into grants and cooper-
3 ative agreements to support the Office of Natural Re-
4 source Revenue’s collection and disbursement of royalties,
5 fees, and other mineral revenue proceeds, as authorized
6 by law.
7 ADMINISTRATIVE PROVISION
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1 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
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760
1 tential or actual earthquakes, floods, volcanoes, storms, or
2 other unavoidable causes; for contingency planning subse-
3 quent to actual oil spills; for response and natural resource
4 damage assessment activities related to actual oil spills or
5 releases of hazardous substances into the environment; for
6 the prevention, suppression, and control of actual or po-
7 tential grasshopper and Mormon cricket outbreaks on
8 lands under the jurisdiction of the Secretary, pursuant to
9 the authority in section 417(b) of Public Law 106–224
10 (7 U.S.C. 7717(b)); for emergency reclamation projects
11 under section 410 of Public Law 95–87; and shall trans-
12 fer, from any no year funds available to the Office of Sur-
13 face Mining Reclamation and Enforcement, such funds as
14 may be necessary to permit assumption of regulatory au-
15 thority in the event a primacy State is not carrying out
16 the regulatory provisions of the Surface Mining Act: Pro-
17 vided, That appropriations made in this title for wildland
18 fire operations shall be available for the payment of obliga-
19 tions incurred during the preceding fiscal year, and for
20 reimbursement to other Federal agencies for destruction
21 of vehicles, aircraft, or other equipment in connection with
22 their use for wildland fire operations, such reimbursement
23 to be credited to appropriations currently available at the
24 time of receipt thereof: Provided further, That for wildland
25 fire operations, no funds shall be made available under
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761
1 this authority until the Secretary determines that funds
2 appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME
3 Wildfire Suppression Reserve Fund’’ shall be exhausted
4 within 30 days: Provided further, That all funds used pur-
5 suant to this section must be replenished by a supple-
6 mental appropriation which must be requested as prompt-
7 ly as possible: Provided further, That such replenishment
8 funds shall be used to reimburse, on a pro rata basis, ac-
9 counts from which emergency funds were transferred.
10 AUTHORIZED USE OF FUNDS
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762
1 AUTHORIZED USE OF FUNDS, INDIAN TRUST
2 MANAGEMENT
13 AFFAIRS
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1 ELLIS, GOVERNORS, AND LIBERTY ISLANDS
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764
1 in place at the start of the fiscal year. Fees for fiscal year
2 2014 shall be:
3 (1) $10,500 for facilities with no wells, but with
4 processing equipment or gathering lines;
5 (2) $17,000 for facilities with 1 to 10 wells,
6 with any combination of active or inactive wells; and
7 (3) $31,500 for facilities with more than 10
8 wells, with any combination of active or inactive
9 wells.
10 (c) Fees for drilling rigs shall be assessed for all in-
11 spections completed in fiscal year 2014. Fees for fiscal
12 year 2014 shall be:
13 (1) $30,500 per inspection for rigs operating in
14 water depths of 500 feet or more; and
15 (2) $16,700 per inspection for rigs operating in
16 water depths of less than 500 feet.
17 (d) The Secretary shall bill designated operators
18 under subsection (b) within 60 days, with payment re-
19 quired within 30 days of billing. The Secretary shall bill
20 designated operators under subsection (c) within 30 days
21 of the end of the month in which the inspection occurred,
22 with payment required within 30 days of billing.
23 OIL AND GAS LEASING INTERNET PROGRAM
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765
1 retary of the Interior shall have the authority to imple-
2 ment an oil and gas leasing Internet program, under
3 which the Secretary may conduct lease sales through
4 methods other than oral bidding.
5 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION
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1 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND
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1 CONTRIBUTION AUTHORITY
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1 SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE
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1 to process or grant a right of way, lease or other property
2 interest for the siting of commercial energy generation fa-
3 cilities on those exclusion lands identified by the Record
4 of Decision for Solar Energy Development in Six South-
5 western States, signed by the Secretary of the Interior on
6 October 12, 2012, that lie within the boundaries of the
7 proposed Mojave Trails National Monument as identified
8 on the Bureau of Land Management map entitled ‘‘Pro-
9 posed Mojave Trails National Monument’’ dated Novem-
10 ber 20, 2009.
11 OFFSHORE PAY AUTHORITY EXTENSION
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770
1 Government of the United States of America and the Gov-
2 ernment of Palau (48 U.S.C. 1931 note) (referred to in
3 this section as the ‘‘Compact’’).
4 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub-
5 section (c), the United States shall provide programmatic
6 assistance to the Republic of Palau for fiscal year 2014
7 in amounts equal to the amounts provided in subsections
8 (a) and (b)(1) of section 221 of the Compact.
9 (c) LIMITATIONS ON ASSISTANCE.—
10 (1) IN GENERAL.—The grants and pro-
11 grammatic assistance provided under subsections (a)
12 and (b) shall be provided to the same extent and in
13 the same manner as the grants and assistance were
14 provided in fiscal year 2009.
15 (2) TRUST FUND.—If the Government of Palau
16 withdraws more than $5,000,000 from the trust
17 fund established under section 211(f) of the Com-
18 pact, amounts to be provided under subsections (a)
19 and (b) shall be withheld from the Government of
20 Palau.
21 EXTENSION OF NATIONAL HERITAGE AREA AUTHORITIES
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1 (b) Effective on October 12, 2013, section 7 of Public
2 Law 99–647, is amended by striking ‘‘2013’’ and inserting
3 ‘‘2015’’;
4 (c) Section 12 of Public Law 100–692 (16 U.S.C.
5 461 note) is amended—
6 (1) in subsection (c)(1), by striking ‘‘2013’’ and
7 inserting ‘‘2015’’; and
8 (2) in subsection (d), by striking ‘‘2013’’ and
9 inserting ‘‘2015’’; and
10 (d) Section 108 of Public Law 106–278 (16 U.S.C.
11 461 note) is amended by striking ‘‘2013’’ and inserting
12 ‘‘2015’’.
13 REDESIGNATION OF THE WHITE RIVER NATIONAL
14 WILDLIFE REFUGE
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1 CIVIL PENALTIES
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773
1 ing Technician (G–0802) job series at grades 5 through
2 14 at rates no greater than 25 percent above the minimum
3 rates of basic pay normally scheduled, and such higher
4 rates shall be consistent with subsections (e) through (h)
5 of section 5305 of title 5, United States Code.
6 WILD LANDS FUNDING PROHIBITION
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774
1 4 of title 43, Code of Federal Regulations, and subpart
2 4160 of part 4100 of such title.
3 REDESIGNATION OF THE NISQUALLY NATIONAL
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775
1 TITLE II
2 ENVIRONMENTAL PROTECTION AGENCY
3 SCIENCE AND TECHNOLOGY
4 For science and technology, including research and
5 development activities, which shall include research and
6 development activities under the Comprehensive Environ-
7 mental Response, Compensation, and Liability Act of
8 1980; necessary expenses for personnel and related costs
9 and travel expenses; procurement of laboratory equipment
10 and supplies; and other operating expenses in support of
11 research and development, $759,156,000, to remain avail-
12 able until September 30, 2015: Provided, That of the
13 funds included under this heading, $4,234,000 shall be for
14 Research: National Priorities as specified in the explana-
15 tory statement accompanying this Act.
16 ENVIRONMENTAL PROGRAMS AND MANAGEMENT
17 For environmental programs and management, in-
18 cluding necessary expenses, not otherwise provided for, for
19 personnel and related costs and travel expenses; hire of
20 passenger motor vehicles; hire, maintenance, and oper-
21 ation of aircraft; purchase of reprints; library member-
22 ships in societies or associations which issue publications
23 to members only or at a price to members lower than to
24 subscribers who are not members; administrative costs of
25 the brownfields program under the Small Business Liabil-
L:\vr\011314\R011314.008.xml
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776
1 ity Relief and Brownfields Revitalization Act of 2002; and
2 not to exceed $9,000 for official reception and representa-
3 tion expenses, $2,624,149,000, to remain available until
4 September 30, 2015: Provided, That of the funds included
5 under this heading, $12,700,000 shall be for Environ-
6 mental Protection: National Priorities as specified in the
7 explanatory statement accompanying this Act: Provided
8 further, That of the funds included under this heading,
9 $415,737,000 shall be for Geographic Programs specified
10 in the explanatory statement accompanying this Act.
11 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM
12 FUND
13 For necessary expenses to carry out section 3024 of
14 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ-
15 ing the development, operation, maintenance, and upgrad-
16 ing of the hazardous waste electronic manifest system es-
17 tablished by such section, $3,674,000, to remain available
18 until September 30, 2016.
19 OFFICE OF INSPECTOR GENERAL
20 For necessary expenses of the Office of Inspector
21 General in carrying out the provisions of the Inspector
22 General Act of 1978, $41,849,000, to remain available
23 until September 30, 2015.
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777
1 BUILDINGS AND FACILITIES
2 For construction, repair, improvement, extension, al-
3 teration, and purchase of fixed equipment or facilities of,
4 or for use by, the Environmental Protection Agency,
5 $34,467,000, to remain available until expended.
6 HAZARDOUS SUBSTANCE SUPERFUND
7 (INCLUDING TRANSFERS OF FUNDS)
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778
1 and Technology’’ appropriation to remain available until
2 September 30, 2015.
3 LEAKING UNDERGROUND STORAGE TANK TRUST FUND
4 PROGRAM
5 For necessary expenses to carry out leaking under-
6 ground storage tank cleanup activities authorized by sub-
7 title I of the Solid Waste Disposal Act, $94,566,000, to
8 remain available until expended, of which $68,937,000
9 shall be for carrying out leaking underground storage tank
10 cleanup activities authorized by section 9003(h) of the
11 Solid Waste Disposal Act; $25,629,000 shall be for car-
12 rying out the other provisions of the Solid Waste Disposal
13 Act specified in section 9508(c) of the Internal Revenue
14 Code: Provided, That the Administrator is authorized to
15 use appropriations made available under this heading to
16 implement section 9013 of the Solid Waste Disposal Act
17 to provide financial assistance to federally recognized In-
18 dian tribes for the development and implementation of
19 programs to manage underground storage tanks.
20 INLAND OIL SPILL PROGRAMS
21 For expenses necessary to carry out the Environ-
22 mental Protection Agency’s responsibilities under the Oil
23 Pollution Act of 1990, $18,209,000, to be derived from
24 the Oil Spill Liability trust fund, to remain available until
25 expended.
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779
1 STATE AND TRIBAL ASSISTANCE GRANTS
2 For environmental programs and infrastructure as-
3 sistance, including capitalization grants for State revolv-
4 ing funds and performance partnership grants,
5 $3,535,161,000, to remain available until expended, of
6 which—
7 (1) $1,448,887,000 shall be for making capital-
8 ization grants for the Clean Water State Revolving
9 Funds under title VI of the Federal Water Pollution
10 Control Act; and of which $906,896,000 shall be for
11 making capitalization grants for the Drinking Water
12 State Revolving Funds under section 1452 of the
13 Safe Drinking Water Act: Provided, That for fiscal
14 year 2014, to the extent there are sufficient eligible
15 project applications, not less than 10 percent of the
16 funds made available under this title to each State
17 for Clean Water State Revolving Fund capitalization
18 grants shall be used by the State for projects to ad-
19 dress green infrastructure, water or energy efficiency
20 improvements, or other environmentally innovative
21 activities: Provided further, That for fiscal year
22 2014, funds made available under this title to each
23 State for Drinking Water State Revolving Fund cap-
24 italization grants may, at the discretion of each
25 State, be used for projects to address green infra-
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780
1 structure, water or energy efficiency improvements,
2 or other environmentally innovative activities: Pro-
3 vided further, That notwithstanding section
4 603(d)(7) of the Federal Water Pollution Control
5 Act, the limitation on the amounts in a State water
6 pollution control revolving fund that may be used by
7 a State to administer the fund shall not apply to
8 amounts included as principal in loans made by such
9 fund in fiscal year 2014 and prior years where such
10 amounts represent costs of administering the fund
11 to the extent that such amounts are or were deemed
12 reasonable by the Administrator, accounted for sepa-
13 rately from other assets in the fund, and used for
14 eligible purposes of the fund, including administra-
15 tion: Provided further, That for fiscal year 2014,
16 notwithstanding the limitation on amounts in section
17 518(c) of the Federal Water Pollution Control Act
18 and section 1452(i) of the Safe Drinking Water Act,
19 up to a total of 2 percent of the funds appropriated
20 for State Revolving Funds under such Acts may be
21 reserved by the Administrator for grants under sec-
22 tion 518(c) and section 1452(i) of such Acts: Pro-
23 vided further, That for fiscal year 2014, notwith-
24 standing the amounts specified in section 205(c) of
25 the Federal Water Pollution Control Act, up to 1.5
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781
1 percent of the aggregate funds appropriated for the
2 Clean Water State Revolving Fund program under
3 the Act less any sums reserved under section 518(c)
4 of the Act, may be reserved by the Administrator for
5 grants made under title II of the Clean Water Act
6 for American Samoa, Guam, the Commonwealth of
7 the Northern Marianas, and United States Virgin
8 Islands: Provided further, That for fiscal year 2014,
9 notwithstanding the limitations on amounts specified
10 in section 1452(j) of the Safe Drinking Water Act,
11 up to 1.5 percent of the funds appropriated for the
12 Drinking Water State Revolving Fund programs
13 under the Safe Drinking Water Act may be reserved
14 by the Administrator for grants made under section
15 1452(j) of the Safe Drinking Water Act: Provided
16 further, That not less than 20 percent but not more
17 than 30 percent of the funds made available under
18 this title to each State for Clean Water State Re-
19 volving Fund capitalization grants and not less than
20 20 percent but not more than 30 percent of the
21 funds made available under this title to each State
22 for Drinking Water State Revolving Fund capitaliza-
23 tion grants shall be used by the State to provide ad-
24 ditional subsidy to eligible recipients in the form of
25 forgiveness of principal, negative interest loans, or
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782
1 grants (or any combination of these), and shall be
2 so used by the State only where such funds are pro-
3 vided as initial financing for an eligible recipient or
4 to buy, refinance, or restructure the debt obligations
5 of eligible recipients only where such debt was in-
6 curred on or after the date of enactment of this Act;
7 except that for the Clean Water State Revolving
8 Fund capitalization grant appropriation this section
9 shall only apply to the portion that exceeds
10 $1,000,000,000;
11 (2) $5,000,000 shall be for architectural, engi-
12 neering, planning, design, construction and related
13 activities in connection with the construction of high
14 priority water and wastewater facilities in the area
15 of the United States-Mexico Border, after consulta-
16 tion with the appropriate border commission; Pro-
17 vided, That no funds provided by this appropriations
18 Act to address the water, wastewater and other crit-
19 ical infrastructure needs of the colonias in the
20 United States along the United States-Mexico bor-
21 der shall be made available to a county or municipal
22 government unless that government has established
23 an enforceable local ordinance, or other zoning rule,
24 which prevents in that jurisdiction the development
25 or construction of any additional colonia areas, or
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783
1 the development within an existing colonia the con-
2 struction of any new home, business, or other struc-
3 ture which lacks water, wastewater, or other nec-
4 essary infrastructure;
5 (3) $10,000,000 shall be for grants to the State
6 of Alaska to address drinking water and wastewater
7 infrastructure needs of rural and Alaska Native Vil-
8 lages: Provided, That, of these funds: (A) the State
9 of Alaska shall provide a match of 25 percent; (B)
10 no more than 5 percent of the funds may be used
11 for administrative and overhead expenses; and (C)
12 the State of Alaska shall make awards consistent
13 with the Statewide priority list established in con-
14 junction with the Agency and the U.S. Department
15 of Agriculture for all water, sewer, waste disposal,
16 and similar projects carried out by the State of Alas-
17 ka that are funded under section 221 of the Federal
18 Water Pollution Control Act (33 U.S.C. 1301) or
19 the Consolidated Farm and Rural Development Act
20 (7 U.S.C. 1921 et seq.) which shall allocate not less
21 than 25 percent of the funds provided for projects
22 in regional hub communities;
23 (4) $90,000,000 shall be to carry out section
24 104(k) of the Comprehensive Environmental Re-
25 sponse, Compensation, and Liability Act of 1980
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784
1 (CERCLA), including grants, interagency agree-
2 ments, and associated program support costs;
3 (5) $20,000,000 shall be for grants under title
4 VII, subtitle G of the Energy Policy Act of 2005;
5 and
6 (6) $1,054,378,000 shall be for grants, includ-
7 ing associated program support costs, to States, fed-
8 erally recognized tribes, interstate agencies, tribal
9 consortia, and air pollution control agencies for
10 multi-media or single media pollution prevention,
11 control and abatement and related activities, includ-
12 ing activities pursuant to the provisions set forth
13 under this heading in Public Law 104–134, and for
14 making grants under section 103 of the Clean Air
15 Act for particulate matter monitoring and data col-
16 lection activities subject to terms and conditions
17 specified by the Administrator, of which:
18 $47,745,000 shall be for carrying out section 128 of
19 CERCLA; $9,646,000 shall be for Environmental
20 Information Exchange Network grants, including as-
21 sociated program support costs; $1,498,000 shall be
22 for grants to States under section 2007(f)(2) of the
23 Solid Waste Disposal Act, which shall be in addition
24 to funds appropriated under the heading ‘‘Leaking
25 Underground Storage Tank Trust Fund Program’’
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785
1 to carry out the provisions of the Solid Waste Dis-
2 posal Act specified in section 9508(c) of the Internal
3 Revenue Code other than section 9003(h) of the
4 Solid Waste Disposal Act; $17,848,000 of the funds
5 available for grants under section 106 of the Federal
6 Water Pollution Control Act shall be for State par-
7 ticipation in national- and State-level statistical sur-
8 veys of water resources and enhancements to State
9 monitoring programs.
10 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL
11 PROTECTION AGENCY
12 (INCLUDING TRANSFER OF FUNDS)
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786
1 The Administrator of the Environmental Protection
2 Agency is authorized to collect and obligate pesticide reg-
3 istration service fees in accordance with section 33 of the
4 Federal Insecticide, Fungicide, and Rodenticide Act, as
5 amended by Public Law 112–177, the Pesticide Registra-
6 tion Improvement Extension Act of 2012.
7 Notwithstanding section 33(d)(2) of the Federal In-
8 secticide, Fungicide, and Rodenticide Act (FIFRA) (7
9 U.S.C. 136w–8(d)(2)), the Administrator of the Environ-
10 mental Protection Agency may assess fees under section
11 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2014.
12 The Administrator is authorized to transfer up to
13 $300,000,000 of the funds appropriated for the Great
14 Lakes Restoration Initiative under the heading ‘‘Environ-
15 mental Programs and Management’’ to the head of any
16 Federal department or agency, with the concurrence of
17 such head, to carry out activities that would support the
18 Great Lakes Restoration Initiative and Great Lakes
19 Water Quality Agreement programs, projects, or activities;
20 to enter into an interagency agreement with the head of
21 such Federal department or agency to carry out these ac-
22 tivities; and to make grants to governmental entities, non-
23 profit organizations, institutions, and individuals for plan-
24 ning, research, monitoring, outreach, and implementation
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787
1 in furtherance of the Great Lakes Restoration Initiative
2 and the Great Lakes Water Quality Agreement.
3 The Science and Technology, Environmental Pro-
4 grams and Management, Office of Inspector General, Haz-
5 ardous Substance Superfund, and Leaking Underground
6 Storage Tank Trust Fund Program Accounts, are avail-
7 able for the construction, alteration, repair, rehabilitation,
8 and renovation of facilities provided that the cost does not
9 exceed $150,000 per project.
10 The fourth paragraph under the heading Administra-
11 tive Provisions of title II of Public Law 109–54, as amend-
12 ed by the fifth paragraph under such heading of title II
13 of division E of Public Law 111–8 and the third para-
14 graph under such heading of title II of Public Law 111–
15 88, is further amended by striking ‘‘thirty persons’’ and
16 inserting ‘‘fifty persons’’.
17 For fiscal year 2014, and notwithstanding section
18 518(f) of the Water Pollution Control Act, the Adminis-
19 trator is authorized to use the amounts appropriated for
20 any fiscal year under Section 319 of the Act to make
21 grants to federally recognized Indian tribes pursuant to
22 sections 319(h) and 518(e) of that Act.
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788
1 TITLE III
2 RELATED AGENCIES
3 DEPARTMENT OF AGRICULTURE
4 FOREST SERVICE
5 FOREST AND RANGELAND RESEARCH
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789
1 NATIONAL FOREST SYSTEM
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790
1 tion, decommissioning of roads that are no longer needed,
2 including unauthorized roads that are not part of the
3 transportation system, and maintenance of forest roads
4 and trails by the Forest Service as authorized by 16
5 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,
6 That $35,000,000 shall be designated for urgently needed
7 road decommissioning, road and trail repair and mainte-
8 nance and associated activities, and removal of fish pas-
9 sage barriers, especially in areas where Forest Service
10 roads may be contributing to water quality problems in
11 streams and water bodies which support threatened, en-
12 dangered, or sensitive species or community water sources:
13 Provided further, That funds becoming available in fiscal
14 year 2014 under the Act of March 4, 1913 (16 U.S.C.
15 501) shall be transferred to the General Fund of the
16 Treasury and shall not be available for transfer or obliga-
17 tion for any other purpose unless the funds are appro-
18 priated: Provided further, That of the funds provided for
19 decommissioning of roads, up to $12,000,000 may be
20 transferred to the ‘‘National Forest System’’ to support
21 the Integrated Resource Restoration pilot program.
22 LAND ACQUISITION
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791
1 penses, and for acquisition of land or waters, or interest
2 therein, in accordance with statutory authority applicable
3 to the Forest Service, $43,525,000, to be derived from the
4 Land and Water Conservation Fund and to remain avail-
5 able until expended.
6 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
7 ACTS
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792
1 RANGE BETTERMENT FUND
12 RANGELAND RESEARCH
17 SUBSISTENCE USES
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793
1 WILDLAND FIRE MANAGEMENT
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794
1 tracts, grants, research joint venture agreements, and co-
2 operative agreements: Provided further, That all authori-
3 ties for the use of funds, including the use of contracts,
4 grants, and cooperative agreements, available to execute
5 the Forest and Rangeland Research appropriation, are
6 also available in the utilization of these funds for Fire
7 Science Research: Provided further, That funds provided
8 shall be available for emergency rehabilitation and restora-
9 tion, hazardous fuels reduction activities, support to Fed-
10 eral emergency response, and wildfire suppression activi-
11 ties of the Forest Service: Provided further, That of the
12 funds provided, $306,500,000 is for hazardous fuels re-
13 duction activities, $19,795,000 is for research activities
14 and to make competitive research grants pursuant to the
15 Forest and Rangeland Renewable Resources Research
16 Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State
17 fire assistance, and $13,025,000 is for volunteer fire as-
18 sistance under section 10 of the Cooperative Forestry As-
19 sistance Act of 1978 (16 U.S.C. 2106): Provided further,
20 That amounts in this paragraph may be transferred to
21 the ‘‘National Forest System’’, and ‘‘Forest and Range-
22 land Research’’ accounts to fund forest and rangeland re-
23 search, the Joint Fire Science Program, vegetation and
24 watershed management, heritage site rehabilitation, and
25 wildlife and fish habitat management and restoration: Pro-
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795
1 vided further, That the costs of implementing any coopera-
2 tive agreement between the Federal Government and any
3 non-Federal entity may be shared, as mutually agreed on
4 by the affected parties: Provided further, That up to
5 $15,000,000 of the funds provided herein may be used by
6 the Secretary of Agriculture to enter into procurement
7 contracts or cooperative agreements or to issue grants for
8 hazardous fuels reduction and for training or monitoring
9 associated with such hazardous fuels reduction activities
10 on Federal land or on non-Federal land if the Secretary
11 determines such activities implement a community wildfire
12 protection plan (or equivalent) and benefit resources on
13 Federal land: Provided further, That funds made available
14 to implement the Community Forest Restoration Act,
15 Public Law 106–393, title VI, shall be available for use
16 on non-Federal lands in accordance with authorities made
17 available to the Forest Service under the ‘‘State and Pri-
18 vate Forestry’’ appropriation: Provided further, That the
19 Secretary of the Interior and the Secretary of Agriculture
20 may authorize the transfer of funds appropriated for
21 wildland fire management, in an aggregate amount not to
22 exceed $50,000,000, between the Departments when such
23 transfers would facilitate and expedite wildland fire man-
24 agement programs and projects: Provided further, That
25 notwithstanding 42 U.S.C. 1856d, sums received by the
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796
1 Forest Service for fire protection rendered pursuant to 42
2 U.S.C. 1856 et seq. may be credited to this appropriation,
3 and are available without fiscal year limitation: Provided
4 further, That of the funds provided for hazardous fuels
5 reduction, not to exceed $10,000,000 may be used to make
6 grants, using any authorities available to the Forest Serv-
7 ice under the ‘‘State and Private Forestry’’ appropriation,
8 for the purpose of creating incentives for increased use
9 of biomass from National Forest System lands: Provided
10 further, That funds designated for wildfire suppression, in-
11 cluding funds transferred from the ‘‘FLAME Wildfire
12 Suppression Reserve Fund’’, shall be assessed for cost
13 pools on the same basis as such assessments are calculated
14 against other agency programs: Provided further, That of
15 the funds for hazardous fuels reduction, up to
16 $24,000,000 may be transferred to the ‘‘National Forest
17 System’’ to support the Integrated Resource Restoration
18 pilot program.
19 FLAME WILDFIRE SUPPRESSION RESERVE FUND
20 (INCLUDING TRANSFERS OF FUNDS)
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797
1 fer to the ‘‘Wildland Fire Management’’ account following
2 a declaration by the Secretary in accordance with section
3 502 of the FLAME Act of 2009 (43 U.S.C. 1748a).
4 ADMINISTRATIVE PROVISIONS—FOREST SERVICE
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798
1 (7) for debt collection contracts in accordance with 31
2 U.S.C. 3718(c).
3 Any appropriations or funds available to the Forest
4 Service may be transferred to the Wildland Fire Manage-
5 ment appropriation for forest firefighting, emergency re-
6 habilitation of burned-over or damaged lands or waters
7 under its jurisdiction, and fire preparedness due to severe
8 burning conditions upon the Secretary’s notification of the
9 House and Senate Committees on Appropriations that all
10 fire suppression funds appropriated under the headings
11 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire
12 Suppression Reserve Fund’’ will be obligated within 30
13 days: Provided, That all funds used pursuant to this para-
14 graph must be replenished by a supplemental appropria-
15 tion which must be requested as promptly as possible.
16 Funds appropriated to the Forest Service shall be
17 available for assistance to or through the Agency for Inter-
18 national Development in connection with forest and range-
19 land research, technical information, and assistance in for-
20 eign countries, and shall be available to support forestry
21 and related natural resource activities outside the United
22 States and its territories and possessions, including tech-
23 nical assistance, education and training, and cooperation
24 with U.S., private, and international organizations. The
25 Forest Service, acting for the International Program, may
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799
1 sign direct funding agreements with foreign governments
2 and institutions as well as other domestic agencies (includ-
3 ing the U.S. Agency for International Development, the
4 Department of State, and the Millennium Challenge Cor-
5 poration), U.S. private sector firms, institutions and orga-
6 nizations to provide technical assistance and training pro-
7 grams overseas on forestry and rangeland management.
8 Funds appropriated to the Forest Service shall be
9 available for expenditure or transfer to the Department
10 of the Interior, Bureau of Land Management, for removal,
11 preparation, and adoption of excess wild horses and burros
12 from National Forest System lands, and for the perform-
13 ance of cadastral surveys to designate the boundaries of
14 such lands.
15 None of the funds made available to the Forest Serv-
16 ice in this Act or any other Act with respect to any fiscal
17 year shall be subject to transfer under the provisions of
18 section 702(b) of the Department of Agriculture Organic
19 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law
20 106–224 (7 U.S.C. 7772), or section 10417(b) of Public
21 Law 107–107 (7 U.S.C. 8316(b)).
22 None of the funds available to the Forest Service may
23 be reprogrammed without the advance approval of the
24 House and Senate Committees on Appropriations in ac-
25 cordance with the reprogramming procedures contained in
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800
1 the joint explanatory statement of the managers accom-
2 panying this Act.
3 Not more than $82,000,000 of funds available to the
4 Forest Service shall be transferred to the Working Capital
5 Fund of the Department of Agriculture and not more than
6 $14,500,000 of funds available to the Forest Service shall
7 be transferred to the Department of Agriculture for De-
8 partment Reimbursable Programs, commonly referred to
9 as Greenbook charges. Nothing in this paragraph shall
10 prohibit or limit the use of reimbursable agreements re-
11 quested by the Forest Service in order to obtain services
12 from the Department of Agriculture’s National Informa-
13 tion Technology Center. Nothing in this paragraph shall
14 limit the Forest Service portion of implementation costs
15 to be paid to the Department of Agriculture for the Finan-
16 cial Management Modernization Initiative.
17 Of the funds available to the Forest Service, up to
18 $5,000,000 shall be available for priority projects within
19 the scope of the approved budget, which shall be carried
20 out by the Youth Conservation Corps and shall be carried
21 out under the authority of the Public Lands Corps Act
22 of 1993, Public Law 103–82, as amended by Public Lands
23 Corps Healthy Forests Restoration Act of 2005, Public
24 Law 109–154.
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801
1 Of the funds available to the Forest Service, $4,000
2 is available to the Chief of the Forest Service for official
3 reception and representation expenses.
4 Pursuant to sections 405(b) and 410(b) of Public
5 Law 101–593, of the funds available to the Forest Service,
6 up to $3,000,000 may be advanced in a lump sum to the
7 National Forest Foundation to aid conservation partner-
8 ship projects in support of the Forest Service mission,
9 without regard to when the Foundation incurs expenses,
10 for projects on or benefitting National Forest System
11 lands or related to Forest Service programs: Provided,
12 That of the Federal funds made available to the Founda-
13 tion, no more than $300,000 shall be available for admin-
14 istrative expenses: Provided further, That the Foundation
15 shall obtain, by the end of the period of Federal financial
16 assistance, private contributions to match on at least one-
17 for-one basis funds made available by the Forest Service:
18 Provided further, That the Foundation may transfer Fed-
19 eral funds to a Federal or a non-Federal recipient for a
20 project at the same rate that the recipient has obtained
21 the non-Federal matching funds: Provided further, That
22 for fiscal year 2014 and thereafter, the National Forest
23 Foundation may hold Federal funds made available but
24 not immediately disbursed and may use any interest or
25 other investment income earned (before, on, or after the
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802
1 date of the enactment of this Act) on Federal funds to
2 carry out the purposes of Public Law 101–593: Provided
3 further, That such investments may be made only in inter-
4 est-bearing obligations of the United States or in obliga-
5 tions guaranteed as to both principal and interest by the
6 United States.
7 Pursuant to section 2(b)(2) of Public Law 98–244,
8 up to $3,000,000 of the funds available to the Forest
9 Service may be advanced to the National Fish and Wildlife
10 Foundation in a lump sum to aid cost-share conservation
11 projects, without regard to when expenses are incurred,
12 on or benefitting National Forest System lands or related
13 to Forest Service programs: Provided, That such funds
14 shall be matched on at least a one-for-one basis by the
15 Foundation or its sub-recipients: Provided further, That
16 the Foundation may transfer Federal funds to a Federal
17 or non-Federal recipient for a project at the same rate
18 that the recipient has obtained the non-Federal matching
19 funds.
20 Funds appropriated to the Forest Service shall be
21 available for interactions with and providing technical as-
22 sistance to rural communities and natural resource-based
23 businesses for sustainable rural development purposes.
24 Funds appropriated to the Forest Service shall be
25 available for payments to counties within the Columbia
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803
1 River Gorge National Scenic Area, pursuant to section
2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
3 663.
4 Any funds appropriated to the Forest Service may
5 be used to meet the non-Federal share requirement in sec-
6 tion 502(c) of the Older Americans Act of 1965 (42
7 U.S.C. 3056(c)(2)).
8 Funds available to the Forest Service, not to exceed
9 $55,000,000, shall be assessed for the purpose of per-
10 forming fire, administrative and other facilities mainte-
11 nance and decommissioning. Such assessments shall occur
12 using a square foot rate charged on the same basis the
13 agency uses to assess programs for payment of rent, utili-
14 ties, and other support services.
15 Notwithstanding any other provision of law, any ap-
16 propriations or funds available to the Forest Service not
17 to exceed $500,000 may be used to reimburse the Office
18 of the General Counsel (OGC), Department of Agri-
19 culture, for travel and related expenses incurred as a re-
20 sult of OGC assistance or participation requested by the
21 Forest Service at meetings, training sessions, management
22 reviews, land purchase negotiations and similar nonlitiga-
23 tion-related matters. Future budget justifications for both
24 the Forest Service and the Department of Agriculture
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804
1 should clearly display the sums previously transferred and
2 the requested funding transfers.
3 An eligible individual who is employed in any project
4 funded under title V of the Older Americans Act of 1965
5 (42 U.S.C. 3056 et seq.) and administered by the Forest
6 Service shall be considered to be a Federal employee for
7 purposes of chapter 171 of title 28, United States Code.
8 The 19th unnumbered paragraph under heading
9 ‘‘Administrative Provisions, Forest Service’’ in title III of
10 the Department of the Interior, Environment, and Related
11 Agencies Appropriations Act, 2006 (Public Law 109–54)
12 is amended by striking ‘‘2014’’ and inserting ‘‘2019’’.
13 DEPARTMENT OF HEALTH AND HUMAN
14 SERVICES
15 INDIAN HEALTH SERVICE
16 INDIAN HEALTH SERVICES
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805
1 contracts, grant agreements, or any other agreements or
2 compacts authorized by the Indian Self-Determination and
3 Education Assistance Act of 1975 (25 U.S.C. 450), shall
4 be deemed to be obligated at the time of the grant or con-
5 tract award and thereafter shall remain available to the
6 tribe or tribal organization without fiscal year limitation:
7 Provided further, That, $878,575,000 for Purchased/Re-
8 ferred Care, including $51,500,000 for the Indian Cata-
9 strophic Health Emergency Fund, shall remain available
10 until expended: Provided further, That, of the funds pro-
11 vided, up to $36,000,000 shall remain available until ex-
12 pended for implementation of the loan repayment program
13 under section 108 of the Indian Health Care Improvement
14 Act: Provided further, That the amounts collected by the
15 Federal Government as authorized by sections 104 and
16 108 of the Indian Health Care Improvement Act (25
17 U.S.C. 1613a and 1616a) during the preceding fiscal year
18 for breach of contracts shall be deposited to the Fund au-
19 thorized by section 108A of the Act (25 U.S.C. 1616a–
20 1) and shall remain available until expended and, notwith-
21 standing section 108A(c) of the Act (25 U.S.C. 1616a–
22 1(c)), funds shall be available to make new awards under
23 the loan repayment and scholarship programs under sec-
24 tions 104 and 108 of the Act (25 U.S.C. 1613a and
25 1616a): Provided further, That notwithstanding any other
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806
1 provision of law, the amounts made available within this
2 account for the methamphetamine and suicide prevention
3 and treatment initiative and for the domestic violence pre-
4 vention initiative shall be allocated at the discretion of the
5 Director of the Indian Health Service and shall remain
6 available until expended: Provided further, That funds pro-
7 vided in this Act may be used for annual contracts and
8 grants that fall within 2 fiscal years, provided the total
9 obligation is recorded in the year the funds are appro-
10 priated: Provided further, That the amounts collected by
11 the Secretary of Health and Human Services under the
12 authority of title IV of the Indian Health Care Improve-
13 ment Act shall remain available until expended for the
14 purpose of achieving compliance with the applicable condi-
15 tions and requirements of titles XVIII and XIX of the So-
16 cial Security Act, except for those related to the planning,
17 design, or construction of new facilities: Provided further,
18 That funding contained herein for scholarship programs
19 under the Indian Health Care Improvement Act (25
20 U.S.C. 1613) shall remain available until expended: Pro-
21 vided further, That amounts received by tribes and tribal
22 organizations under title IV of the Indian Health Care Im-
23 provement Act shall be reported and accounted for and
24 available to the receiving tribes and tribal organizations
25 until expended: Provided further, That the Bureau of In-
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807
1 dian Affairs may collect from the Indian Health Service,
2 tribes and tribal organizations operating health facilities
3 pursuant to Public Law 93–638, such individually identifi-
4 able health information relating to disabled children as
5 may be necessary for the purpose of carrying out its func-
6 tions under the Individuals with Disabilities Education
7 Act (20 U.S.C. 1400, et seq.): Provided further, That the
8 Indian Health Care Improvement Fund may be used, as
9 needed, to carry out activities typically funded under the
10 Indian Health Facilities account.
11 INDIAN HEALTH FACILITIES
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808
1 vided, That notwithstanding any other provision of law,
2 funds appropriated for the planning, design, construction,
3 renovation or expansion of health facilities for the benefit
4 of an Indian tribe or tribes may be used to purchase land
5 on which such facilities will be located: Provided further,
6 That not to exceed $500,000 may be used by the Indian
7 Health Service to purchase TRANSAM equipment from
8 the Department of Defense for distribution to the Indian
9 Health Service and tribal facilities: Provided further, That
10 none of the funds appropriated to the Indian Health Serv-
11 ice may be used for sanitation facilities construction for
12 new homes funded with grants by the housing programs
13 of the United States Department of Housing and Urban
14 Development: Provided further, That not to exceed
15 $2,700,000 from this account and the ‘‘Indian Health
16 Services’’ account may be used by the Indian Health Serv-
17 ice to obtain ambulances for the Indian Health Service
18 and tribal facilities in conjunction with an existing inter-
19 agency agreement between the Indian Health Service and
20 the General Services Administration: Provided further,
21 That not to exceed $500,000 may be placed in a Demoli-
22 tion Fund, to remain available until expended, and be used
23 by the Indian Health Service for the demolition of Federal
24 buildings.
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809
1 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
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810
1 opment to the Indian Health Service shall be administered
2 under Public Law 86–121, the Indian Sanitation Facilities
3 Act and Public Law 93–638: Provided further, That funds
4 appropriated to the Indian Health Service in this Act, ex-
5 cept those used for administrative and program direction
6 purposes, shall not be subject to limitations directed at
7 curtailing Federal travel and transportation: Provided fur-
8 ther, That none of the funds made available to the Indian
9 Health Service in this Act shall be used for any assess-
10 ments or charges by the Department of Health and
11 Human Services unless identified in the budget justifica-
12 tion and provided in this Act, or approved by the House
13 and Senate Committees on Appropriations through the re-
14 programming process: Provided further, That notwith-
15 standing any other provision of law, funds previously or
16 herein made available to a tribe or tribal organization
17 through a contract, grant, or agreement authorized by
18 title I or title V of the Indian Self-Determination and
19 Education Assistance Act of 1975 (25 U.S.C. 450), may
20 be deobligated and reobligated to a self-determination con-
21 tract under title I, or a self-governance agreement under
22 title V of such Act and thereafter shall remain available
23 to the tribe or tribal organization without fiscal year limi-
24 tation: Provided further, That none of the funds made
25 available to the Indian Health Service in this Act shall
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811
1 be used to implement the final rule published in the Fed-
2 eral Register on September 16, 1987, by the Department
3 of Health and Human Services, relating to the eligibility
4 for the health care services of the Indian Health Service
5 until the Indian Health Service has submitted a budget
6 request reflecting the increased costs associated with the
7 proposed final rule, and such request has been included
8 in an appropriations Act and enacted into law: Provided
9 further, That with respect to functions transferred by the
10 Indian Health Service to tribes or tribal organizations, the
11 Indian Health Service is authorized to provide goods and
12 services to those entities on a reimbursable basis, includ-
13 ing payments in advance with subsequent adjustment, and
14 the reimbursements received therefrom, along with the
15 funds received from those entities pursuant to the Indian
16 Self-Determination Act, may be credited to the same or
17 subsequent appropriation account from which the funds
18 were originally derived, with such amounts to remain
19 available until expended: Provided further, That reim-
20 bursements for training, technical assistance, or services
21 provided by the Indian Health Service will contain total
22 costs, including direct, administrative, and overhead asso-
23 ciated with the provision of goods, services, or technical
24 assistance: Provided further, That the appropriation struc-
25 ture for the Indian Health Service may not be altered
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812
1 without advance notification to the House and Senate
2 Committees on Appropriations.
3 NATIONAL INSTITUTES OF HEALTH
4 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
5 SCIENCES
16 HEALTH
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813
1 Registry shall remain available until expended for Indi-
2 vidual Learning Accounts: Provided, That notwith-
3 standing any other provision of law, in lieu of performing
4 a health assessment under section 104(i)(6) of CERCLA,
5 the Administrator of ATSDR may conduct other appro-
6 priate health studies, evaluations, or activities, including,
7 without limitation, biomedical testing, clinical evaluations,
8 medical monitoring, and referral to accredited healthcare
9 providers: Provided further, That in performing any such
10 health assessment or health study, evaluation, or activity,
11 the Administrator of ATSDR shall not be bound by the
12 deadlines in section 104(i)(6)(A) of CERCLA: Provided
13 further, That none of the funds appropriated under this
14 heading shall be available for ATSDR to issue in excess
15 of 40 toxicological profiles pursuant to section 104(I) of
16 CERCLA during fiscal year 2014, and existing profiles
17 may be updated as necessary.
18 OTHER RELATED AGENCIES
19 EXECUTIVE OFFICE OF THE PRESIDENT
20 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
21 ENVIRONMENTAL QUALITY
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814
1 Improvement Act of 1970, and Reorganization Plan No.
2 1 of 1977, and not to exceed $750 for official reception
3 and representation expenses, $3,000,000: Provided, That
4 notwithstanding section 202 of the National Environ-
5 mental Policy Act of 1970, the Council shall consist of
6 one member, appointed by the President, by and with the
7 advice and consent of the Senate, serving as chairman and
8 exercising all powers, functions, and duties of the Council.
9 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
10 SALARIES AND EXPENSES
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815
1 ther, That notwithstanding any other provision of law, the
2 Inspector General of the Board shall utilize personnel of
3 the Office of Inspector General of EPA in performing the
4 duties of the Inspector General of the Board, and shall
5 not appoint any individuals to positions within the Board.
6 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
7 SALARIES AND EXPENSES
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816
1 shall relocate any certified eligible relocatees who have se-
2 lected and received an approved homesite on the Navajo
3 reservation or selected a replacement residence off the
4 Navajo reservation or on the land acquired pursuant to
5 25 U.S.C. 640d–10: Provided further, That $200,000 shall
6 be transferred to the Office of Inspector General of the
7 Department of the Interior, to remain available until ex-
8 pended, for audits and investigations of the Office of Nav-
9 ajo and Hopi Indian Relocation, consistent with the In-
10 spector General Act of 1978 (5 U.S.C. App.).
11 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
12 CULTURE AND ARTS DEVELOPMENT
13 PAYMENT TO THE INSTITUTE
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817
1 dissemination, and exchange of information and publica-
2 tions; conduct of education, training, and museum assist-
3 ance programs; maintenance, alteration, operation, lease
4 agreements of no more than 30 years, and protection of
5 buildings, facilities, and approaches; not to exceed
6 $100,000 for services as authorized by 5 U.S.C. 3109; and
7 purchase, rental, repair, and cleaning of uniforms for em-
8 ployees, $647,000,000, to remain available until Sep-
9 tember 30, 2015, except as otherwise provided herein; of
10 which not to exceed $41,082,000 for the instrumentation
11 program, collections acquisition, exhibition reinstallation,
12 the National Museum of African American History and
13 Culture, and the repatriation of skeletal remains program
14 shall remain available until expended; and including such
15 funds as may be necessary to support American overseas
16 research centers: Provided, That funds appropriated here-
17 in are available for advance payments to independent con-
18 tractors performing research services or participating in
19 official Smithsonian presentations.
20 FACILITIES CAPITAL
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818
1 $158,000,000, to remain available until expended, of
2 which not to exceed $10,000 shall be for services as au-
3 thorized by 5 U.S.C. 3109, and of which $55,000,000
4 shall be for construction of the National Museum of Afri-
5 can American History and Culture.
6 NATIONAL GALLERY OF ART
7 SALARIES AND EXPENSES
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819
1 repair of works of art for the National Gallery of Art by
2 contracts made, without advertising, with individuals,
3 firms, or organizations at such rates or prices and under
4 such terms and conditions as the Gallery may deem prop-
5 er, $118,000,000, to remain available until September 30,
6 2015, of which not to exceed $3,533,000 for the special
7 exhibition program shall remain available until expended.
8 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
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820
1 JOHN F. KENNEDY CENTER FOR THE PERFORMING
2 ARTS
3 OPERATIONS AND MAINTENANCE
13 SCHOLARS
14 SALARIES AND EXPENSES
21 HUMANITIES
22 NATIONAL ENDOWMENT FOR THE ARTS
23 GRANTS AND ADMINISTRATION
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821
1 $146,021,000 shall be available to the National Endow-
2 ment for the Arts for the support of projects and produc-
3 tions in the arts, including arts education and public out-
4 reach activities, through assistance to organizations and
5 individuals pursuant to section 5 of the Act, for program
6 support, and for administering the functions of the Act,
7 to remain available until expended.
8 NATIONAL ENDOWMENT FOR THE HUMANITIES
9 GRANTS AND ADMINISTRATION
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822
1 ceding fiscal years for which equal amounts have not pre-
2 viously been appropriated.
3 ADMINISTRATIVE PROVISIONS
4 None of the funds appropriated to the National
5 Foundation on the Arts and the Humanities may be used
6 to process any grant or contract documents which do not
7 include the text of 18 U.S.C. 1913: Provided, That none
8 of the funds appropriated to the National Foundation on
9 the Arts and the Humanities may be used for official re-
10 ception and representation expenses: Provided further,
11 That funds from nonappropriated sources may be used as
12 necessary for official reception and representation ex-
13 penses: Provided further, That the Chairperson of the Na-
14 tional Endowment for the Arts may approve grants of up
15 to $10,000, if in the aggregate the amount of such grants
16 does not exceed 5 percent of the sums appropriated for
17 grantmaking purposes per year: Provided further, That
18 such small grant actions are taken pursuant to the terms
19 of an expressed and direct delegation of authority from
20 the National Council on the Arts to the Chairperson.
21 COMMISSION OF FINE ARTS
22 SALARIES AND EXPENSES
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823
1 fees to cover the full costs of its publications, and such
2 fees shall be credited to this account as an offsetting col-
3 lection, to remain available until expended without further
4 appropriation: Provided further, That the Commission is
5 authorized to accept gifts, including objects, papers, art-
6 work, drawings and artifacts, that pertain to the history
7 and design of the Nation’s Capital or the history and ac-
8 tivities of the Commission of Fine Arts, for the purpose
9 of artistic display, study or education.
10 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
11 For necessary expenses as authorized by Public Law
12 99–190 (20 U.S.C. 956a), $2,000,000.
13 ADVISORY COUNCIL ON HISTORIC PRESERVATION
14 SALARIES AND EXPENSES
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824
1 ated with hosting international visitors engaged in the
2 planning and physical development of world capitals.
3 UNITED STATES HOLOCAUST MEMORIAL MUSEUM
4 HOLOCAUST MEMORIAL MUSEUM
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825
1 TITLE IV
2 GENERAL PROVISIONS
3 (INCLUDING TRANSFERS OF FUNDS)
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826
1 OBLIGATION OF APPROPRIATIONS
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827
1 retary on or before September 30, 1994; and (2) all re-
2 quirements established under sections 2325 and 2326 of
3 the Revised Statutes (30 U.S.C. 29 and 30) for vein or
4 lode claims, sections 2329, 2330, 2331, and 2333 of the
5 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer
6 claims, and section 2337 of the Revised Statutes (30
7 U.S.C. 42) for mill site claims, as the case may be, were
8 fully complied with by the applicant by that date.
9 (c) REPORT.—On September 30, 2015, the Secretary
10 of the Interior shall file with the House and Senate Com-
11 mittees on Appropriations and the Committee on Natural
12 Resources of the House and the Committee on Energy and
13 Natural Resources of the Senate a report on actions taken
14 by the Department under the plan submitted pursuant to
15 section 314(c) of the Department of the Interior and Re-
16 lated Agencies Appropriations Act, 1997 (Public Law
17 104–208).
18 (d) MINERAL EXAMINATIONS.—In order to process
19 patent applications in a timely and responsible manner,
20 upon the request of a patent applicant, the Secretary of
21 the Interior shall allow the applicant to fund a qualified
22 third-party contractor to be selected by the Director of the
23 Bureau of Land Management to conduct a mineral exam-
24 ination of the mining claims or mill sites contained in a
25 patent application as set forth in subsection (b). The Bu-
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828
1 reau of Land Management shall have the sole responsi-
2 bility to choose and pay the third-party contractor in ac-
3 cordance with the standard procedures employed by the
4 Bureau of Land Management in the retention of third-
5 party contractors.
6 CONTRACT SUPPORT COSTS
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829
1 contract support costs of ongoing contracts, grants, self-
2 governance compacts, or annual funding agreements.
3 FOREST MANAGEMENT PLANS
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830
1 U.S.C. 431 et seq.) as such boundary existed on January
2 20, 2001, except where such activities are allowed under
3 the Presidential proclamation establishing such monu-
4 ment.
5 LIMITATION ON TAKINGS
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831
1 be made available to domestic processors in the contiguous
2 48 United States at prevailing domestic prices. All addi-
3 tional western red cedar volume not sold to Alaska or con-
4 tiguous 48 United States domestic processors may be ex-
5 ported to foreign markets at the election of the timber sale
6 holder. All Alaska yellow cedar may be sold at prevailing
7 export prices at the election of the timber sale holder.
8 EXTENSION OF GRAZING PERMITS
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832
1 Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or
2 by any other Federal laws that specifically authorize
3 a contract within an Indian tribe as defined in sec-
4 tion 4(e) of that Act (25 U.S.C. 450b(e)); or
5 (3) such contract was awarded prior to the date
6 of enactment of this Act.
7 POSTING OF REPORTS
23 GUIDELINES
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833
1 (1) The Chairperson shall only award a grant
2 to an individual if such grant is awarded to such in-
3 dividual for a literature fellowship, National Herit-
4 age Fellowship, or American Jazz Masters Fellow-
5 ship.
6 (2) The Chairperson shall establish procedures
7 to ensure that no funding provided through a grant,
8 except a grant made to a State or local arts agency,
9 or regional group, may be used to make a grant to
10 any other organization or individual to conduct ac-
11 tivity independent of the direct grant recipient.
12 Nothing in this subsection shall prohibit payments
13 made in exchange for goods and services.
14 (3) No grant shall be used for seasonal support
15 to a group, unless the application is specific to the
16 contents of the season, including identified programs
17 and/or projects.
18 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM
19 PRIORITIES
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834
1 projects, productions, workshops, or programs that serve
2 underserved populations.
3 (b) In this section:
4 (1) The term ‘‘underserved population’’ means
5 a population of individuals, including urban minori-
6 ties, who have historically been outside the purview
7 of arts and humanities programs due to factors such
8 as a high incidence of income below the poverty line
9 or to geographic isolation.
10 (2) The term ‘‘poverty line’’ means the poverty
11 line (as defined by the Office of Management and
12 Budget, and revised annually in accordance with sec-
13 tion 673(2) of the Community Services Block Grant
14 Act (42 U.S.C. 9902(2))) applicable to a family of
15 the size involved.
16 (c) In providing services and awarding financial as-
17 sistance under the National Foundation on the Arts and
18 Humanities Act of 1965 with funds appropriated by this
19 Act, the Chairperson of the National Endowment for the
20 Arts shall ensure that priority is given to providing serv-
21 ices or awarding financial assistance for projects, produc-
22 tions, workshops, or programs that will encourage public
23 knowledge, education, understanding, and appreciation of
24 the arts.
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835
1 (d) With funds appropriated by this Act to carry out
2 section 5 of the National Foundation on the Arts and Hu-
3 manities Act of 1965—
4 (1) the Chairperson shall establish a grant cat-
5 egory for projects, productions, workshops, or pro-
6 grams that are of national impact or availability or
7 are able to tour several States;
8 (2) the Chairperson shall not make grants ex-
9 ceeding 15 percent, in the aggregate, of such funds
10 to any single State, excluding grants made under the
11 authority of paragraph (1);
12 (3) the Chairperson shall report to the Con-
13 gress annually and by State, on grants awarded by
14 the Chairperson in each grant category under sec-
15 tion 5 of such Act; and
16 (4) the Chairperson shall encourage the use of
17 grants to improve and support community-based
18 music performance and education.
19 NATIONAL ENDOWMENT FOR THE ARTS GRANT AWARDS
20 TO STATES
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836
1 that the Chairperson exercise such discretion, the
2 Chairperson shall—
3 ‘‘(i) give consideration to the various cir-
4 cumstances the State is encountering at the time of
5 such request; and
6 ‘‘(ii) ensure that such discretion is not exercised
7 with respect to such State in perpetuity.’’; and
8 (2) in subparagraph (C) by adding at the end
9 the following: ‘‘The non-Federal funds required by
10 subparagraph (A) to pay 50 percent of the cost of
11 a program or production shall be provided from
12 funds directly controlled and appropriated by the
13 State involved and directly managed by the State
14 agency of such State.’’.
15 EXPANSION AND EXTENSION OF GOOD NEIGHBOR
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837
1 (1) in the section heading, by striking ‘‘IN
2 COLORADO’’;
3 (2) in subsection (a)—
4 (A) in the subsection heading, by striking
5 ‘‘COLORADO’’;
6 (B) by striking ‘‘may permit the Colorado
7 State Forest Service’’ and inserting ‘‘may per-
8 mit the head of a State agency with jurisdiction
9 over State forestry programs in a State con-
10 taining National Forest System land (in this
11 section referred to as a ‘State Forester’)’’; and
12 (C) by striking ‘‘of Colorado’’;
13 (3) in subsection (b)—
14 (A) in the first sentence, by striking ‘‘of
15 Colorado’’; and
16 (B) in the second sentence, by striking
17 ‘‘the Colorado State Forest Service’’ and insert-
18 ing ‘‘a State Forester’’;
19 (4) in subsection (c)—
20 (A) by striking ‘‘the Colorado State Forest
21 Service’’ the first place it appears and inserting
22 ‘‘a State Forester’’;
23 (B) by striking ‘‘of Colorado’’; and
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838
1 (C) by striking ‘‘the Colorado State Forest
2 Service’’ the second place it appears and insert-
3 ing ‘‘the State’’;
4 (5) in subsection (d)—
5 (A) in the subsection heading, by striking
6 ‘‘COLORADO’’; and
7 (B) by striking ‘‘the State of Colorado’’
8 and inserting ‘‘a State’’; and
9 (6) in subsection (e), by striking ‘‘September
10 30, 2013’’ and inserting ‘‘September 30, 2018’’.
11 STATUS OF BALANCES OF APPROPRIATIONS
20 SEC. 419. Not later than 120 days after the date on
21 which the President’s fiscal year 2015 budget request is
22 submitted to the Congress, the President shall submit a
23 comprehensive report to the Committees on Appropria-
24 tions of the House of Representatives and the Senate de-
25 scribing in detail all Federal agency funding, domestic and
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839
1 international, for climate change programs, projects, and
2 activities in fiscal years 2013 and 2014, including an ac-
3 counting of funding by agency with each agency identi-
4 fying climate change programs, projects, and activities
5 and associated costs by line item as presented in the Presi-
6 dent’s Budget Appendix, and including citations and link-
7 ages where practicable to each strategic plan that is driv-
8 ing funding within each climate change program, project,
9 and activity listed in the report.
10 PROHIBITION ON USE OF FUNDS
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840
1 FUNDING PROHIBITION
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841
1 mination that this further action is not necessary to pro-
2 tect the interests of the Government.
3 ALASKA NATIVE REGIONAL HEALTH ENTITIES
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842
1 enacted into law by section 1000(a)(3) of Public Law 106–
2 113; 16 U.S.C. 497 note) is amended—
3 (1) by striking subsection (a) and inserting the
4 following new subsection:
5 ‘‘(a) PROGRAM REQUIRED.—For fiscal year 2014
6 and each fiscal year thereafter, the Secretary of Agri-
7 culture shall conduct a program for the purpose of enhanc-
8 ing Forest Service administration of rights-of-way and
9 other land uses.’’; and
10 (2) in subsection (b), by striking ‘‘during fiscal
11 years 2000 through 2012’’ and inserting ‘‘each fiscal
12 year’’.
13 FOREST SERVICE PARTNERSHIP AGREEMENTS
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843
1 Administrator of General Services on or in the vicin-
2 ity of National Forest System lands for the sale or
3 distribution of educational and interpretive mate-
4 rials, products, programs, and services.
5 (4) To operate facilities (including providing the
6 services of Forest Service employees to staff facili-
7 ties) in any public or private building or on land not
8 under the jurisdiction, custody, or control of the Ad-
9 ministrator of General Services for the sale or dis-
10 tribution of educational and interpretive materials,
11 products, programs, and services, pertaining to Na-
12 tional Forest System lands, private lands, and lands
13 administered by other public entities.
14 (5) To sell health and safety products, visitor
15 convenience items, or other similar items (as deter-
16 mined by the Secretary) in facilities not under the
17 jurisdiction, custody, or control of the Administrator
18 of General Services on or in the vicinity of National
19 Forest System lands.
20 (6) To collect funds on behalf of cooperators
21 from the sale of materials, products, programs, and
22 services, as authorized by a preceding paragraph,
23 when the collection of such funds is incidental to
24 other duties of Forest Service employees.
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844
1 (b) TREATMENT OF CONTRIBUTIONS OF VOLUN-
2 TEERS.—The Forest Service may consider the value of
3 services performed by persons who volunteer their services
4 to the Forest Service and who are recruited, trained, and
5 supported by a cooperator as an in-kind contribution of
6 the cooperator for purposes of any cost sharing require-
7 ment under any Forest Service authority to enter into mu-
8 tual benefit agreements.
9 (c) DURATION.—The authority provided by sub-
10 sections (a) and (b) expires September 30, 2019.
11 CONTRACTING AUTHORITIES
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845
1 COOPERATIVE ACTION AND SHARING OF RESOURCES BY
17 APPEALS PROCESS
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846
1 Resources Planning Act of 1974 (16 U.S.C. 1604) that
2 is categorically excluded from documentation in an envi-
3 ronmental assessment or an environmental impact state-
4 ment under the National Environmental Policy Act of
5 1969 (42 U.S.C. 4321 et seq.).
6 EXTENSION OF FOREST BOTANICAL PRODUCTS
7 AUTHORITIES
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847
1 is amended in subsection (a) by striking ‘‘Until September
2 30, 2013,’’ and inserting ‘‘Until September 30, 2014,’’.
3 MINING ACCESS
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848
1 (b) Subsection (a) shall not apply in any case or cat-
2 egory of cases in which the Administrator of the Environ-
3 mental Protection Agency (in this section referred to as
4 the ‘‘Administrator’’) finds that—
5 (1) applying subsection (a) would be incon-
6 sistent with the public interest;
7 (2) iron and steel products are not produced in
8 the United States in sufficient and reasonably avail-
9 able quantities and of a satisfactory quality; or
10 (3) inclusion of iron and steel products pro-
11 duced in the United States will increase the cost of
12 the overall project by more than 25 percent.
13 (c) If the Administrator receives a request for a waiv-
14 er under this section, the Administrator shall make avail-
15 able to the public on an informal basis a copy of the re-
16 quest and information available to the Administrator con-
17 cerning the request, and shall allow for informal public
18 input on the request for at least 15 days prior to making
19 a finding based on the request. The Administrator shall
20 make the request and accompanying information available
21 by electronic means, including on the official public Inter-
22 net Web site of the Environmental Protection Agency.
23 (d) This section shall be applied in a manner con-
24 sistent with United States obligations under international
25 agreements.
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849
1 (e) The Administrator may retain up to 0.25 percent
2 of the funds appropriated in this Act for the Clean and
3 Drinking Water State Revolving Funds for carrying out
4 the provisions described in subsection (a)(1) for manage-
5 ment and oversight of the requirements of this section.
6 (f) This section does not apply with respect to a
7 project if a State agency approves the engineering plans
8 and specifications for the project, in that agency’s capacity
9 to approve such plans and specifications prior to a project
10 requesting bids, prior to the date of the enactment of this
11 Act.
12 MODIFICATION OF AUTHORITIES
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850
1 DIVISION H—DEPARTMENTS OF LABOR,
2 HEALTH AND HUMAN SERVICES, AND
3 EDUCATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2014
5 TITLE I
6 DEPARTMENT OF LABOR
7 EMPLOYMENT AND TRAINING ADMINISTRATION
8 TRAINING AND EMPLOYMENT SERVICES
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851
1 $712,000,000 shall be available for the period
2 October 1, 2014 through June 30, 2015;
3 (B) $820,430,000 for youth activities,
4 which shall be available for the period April 1,
5 2014 through June 30, 2015; and
6 (C) $1,001,598,000 for dislocated worker
7 employment and training activities, of which
8 $141,598,000 shall be available for the period
9 July 1, 2014 through June 30, 2015, and of
10 which $860,000,000 shall be available for the
11 period October 1, 2014 through June 30, 2015:
12 Provided, That notwithstanding the transfer limitation
13 under section 133(b)(4) of the WIA, up to 30 percent of
14 such funds may be transferred by a local board if approved
15 by the Governor: Provided further, That a local board may
16 award a contract to an institution of higher education or
17 other eligible training provider if the local board deter-
18 mines that it would facilitate the training of multiple indi-
19 viduals in high-demand occupations, if such contract does
20 not limit customer choice: Provided further, That notwith-
21 standing section 128(a)(1) of the WIA, the amount avail-
22 able to the Governor for statewide workforce investment
23 activities shall not exceed 8.75 percent of the amount al-
24 lotted to the State from each of the appropriations under
25 the preceding subparagraphs;
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852
1 (2) for federally administered programs,
2 $474,669,000 as follows:
3 (A) $220,859,000 for the dislocated work-
4 ers assistance national reserve, of which
5 $20,859,000 shall be available for the period
6 July 1, 2014 through June 30, 2015, and of
7 which $200,000,000 shall be available for the
8 period October 1, 2014 through June 30, 2015:
9 Provided, That funds provided to carry out sec-
10 tion 132(a)(2)(A) of the WIA may be used to
11 provide assistance to a State for statewide or
12 local use in order to address cases where there
13 have been worker dislocations across multiple
14 sectors or across multiple local areas and such
15 workers remain dislocated; coordinate the State
16 workforce development plan with emerging eco-
17 nomic development needs; and train such eligi-
18 ble dislocated workers: Provided further, That
19 funds provided to carry out section 171(d) of
20 the WIA may be used for demonstration
21 projects that provide assistance to new entrants
22 in the workforce and incumbent workers: Pro-
23 vided further, That none of the funds shall be
24 obligated to carry out section 173(e) of the
25 WIA;
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853
1 (B) $46,082,000 for Native American pro-
2 grams, which shall be available for the period
3 July 1, 2014 through June 30, 2015;
4 (C) $81,896,000 for migrant and seasonal
5 farmworker programs under section 167 of the
6 WIA, including $75,885,000 for formula grants
7 (of which not less than 70 percent shall be for
8 employment and training services), $5,517,000
9 for migrant and seasonal housing (of which not
10 less than 70 percent shall be for permanent
11 housing), and $494,000 for other discretionary
12 purposes, which shall be available for the period
13 July 1, 2014 through June 30, 2015: Provided,
14 That notwithstanding any other provision of
15 law or related regulation, the Department of
16 Labor shall take no action limiting the number
17 or proportion of eligible participants receiving
18 related assistance services or discouraging
19 grantees from providing such services;
20 (D) $994,000 for carrying out the
21 WANTO Act, which shall be available for the
22 period July 1, 2014 through June 30, 2015;
23 (E) $77,534,000 for YouthBuild activities
24 as described in section 173A of the WIA, which
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854
1 shall be available for the period April 1, 2014
2 through June 30, 2015; and
3 (F) $47,304,000 to be available to the Sec-
4 retary of Labor (referred to in this title as
5 ‘‘Secretary’’) for the Workforce Innovation
6 Fund to carry out projects that demonstrate in-
7 novative strategies or replicate effective evi-
8 dence-based strategies that align and strength-
9 en the workforce investment system in order to
10 improve program delivery and education and
11 employment outcomes for beneficiaries, which
12 shall be for the period July 1, 2014 through
13 September 30, 2015: Provided, That amounts
14 shall be available for awards to States or State
15 agencies that are eligible for assistance under
16 any program authorized under the WIA, con-
17 sortia of States, or partnerships, including re-
18 gional partnerships: Provided further, That not
19 more than 5 percent of the funds available for
20 workforce innovation activities shall be for tech-
21 nical assistance and evaluations related to the
22 projects carried out with these funds: Provided
23 further, That the Secretary may authorize
24 awardees to use a portion of awarded funds for
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855
1 evaluation, upon the Chief Evaluation Officer’s
2 approval of an evaluation plan;
3 (3) for national activities, $86,078,000, as fol-
4 lows:
5 (A) $80,078,000 for ex-offender activities,
6 under the authority of section 171 of the WIA
7 and section 212 of the Second Chance Act of
8 2007, which shall be available for the period
9 April 1, 2014 through June 30, 2015, notwith-
10 standing the requirements of section
11 171(b)(2)(B) or 171(c)(4)(D) of the WIA: Pro-
12 vided, That of this amount, $20,000,000 shall
13 be for competitive grants to national and re-
14 gional intermediaries for activities that prepare
15 young ex-offenders and school dropouts for em-
16 ployment, with a priority for projects serving
17 high-crime, high-poverty areas; and
18 (B) $6,000,000 for the Workforce Data
19 Quality Initiative, under the authority of section
20 171(c)(2) of the WIA, which shall be available
21 for the period July 1, 2014 through June 30,
22 2015, and which shall not be subject to the re-
23 quirements of section 171(c)(4)(D).
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856
1 OFFICE OF JOB CORPS
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857
1 (3) $30,147,000 for necessary expenses of the
2 Office of Job Corps, which shall be available for obli-
3 gation for the period October 1, 2013 through Sep-
4 tember 30, 2014:
5 Provided further, That no funds from any other appropria-
6 tion shall be used to provide meal services at or for Job
7 Corps centers.
8 COMMUNITY SERVICE EMPLOYMENT FOR OLDER
9 AMERICANS
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858
1 vided pursuant to section 231(a) of the Trade Adjustment
2 Assistance Extension Act of 2011, $656,000,000, together
3 with such amounts as may be necessary to be charged to
4 the subsequent appropriation for payments for any period
5 subsequent to September 15, 2014.
6 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
7 SERVICE OPERATIONS
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859
1 assistance, and alternative trade adjustment assist-
2 ance under the Trade Act of 1974 and under section
3 231(a) of the Trade Adjustment Assistance Exten-
4 sion Act of 2011, and shall be available for obliga-
5 tion by the States through December 31, 2014, ex-
6 cept that funds used for automation acquisitions or
7 competitive grants awarded to States for improved
8 operations, reemployment and eligibility assessments
9 and improper payments, or activities to address
10 misclassification of workers shall be available for
11 Federal obligation through December 31, 2014 and
12 for obligation by the States through September 30,
13 2016, and funds used for unemployment insurance
14 workloads experienced by the States through Sep-
15 tember 30, 2014 shall be available for Federal obli-
16 gation through December 31, 2014;
17 (2) $10,676,000 from the Trust Fund is for na-
18 tional activities necessary to support the administra-
19 tion of the Federal-State unemployment insurance
20 system;
21 (3) $642,771,000 from the Trust Fund, to-
22 gether with $21,413,000 from the General Fund of
23 the Treasury, is for grants to States in accordance
24 with section 6 of the Wagner-Peyser Act, and shall
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860
1 be available for Federal obligation for the period
2 July 1, 2014 through June 30, 2015;
3 (4) $19,818,000 from the Trust Fund is for na-
4 tional activities of the Employment Service, includ-
5 ing administration of the work opportunity tax cred-
6 it under section 51 of the Internal Revenue Code of
7 1986, and the provision of technical assistance and
8 staff training under the Wagner-Peyser Act, includ-
9 ing not to exceed $1,166,000 that may be used for
10 amortization payments to States which had inde-
11 pendent retirement plans in their State employment
12 service agencies prior to 1980;
13 (5) $61,973,000 from the Trust Fund is for the
14 administration of foreign labor certifications and re-
15 lated activities under the Immigration and Nation-
16 ality Act and related laws, of which $47,691,000
17 shall be available for the Federal administration of
18 such activities, and $14,282,000 shall be available
19 for grants to States for the administration of such
20 activities; and
21 (6) $60,153,000 from the General Fund is to
22 provide workforce information, national electronic
23 tools, and one-stop system building under the Wag-
24 ner-Peyser Act and section 171 (e)(2)(C) of the
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861
1 WIA and shall be available for Federal obligation for
2 the period July 1, 2014 through June 30, 2015:
3 Provided, That to the extent that the Average Weekly In-
4 sured Unemployment (‘‘AWIU’’) for fiscal year 2014 is
5 projected by the Department of Labor to exceed
6 3,357,000, an additional $28,600,000 from the Trust
7 Fund shall be available for obligation for every 100,000
8 increase in the AWIU level (including a pro rata amount
9 for any increment less than 100,000) to carry out title
10 III of the Social Security Act: Provided further, That
11 funds appropriated in this Act that are allotted to a State
12 to carry out activities under title III of the Social Security
13 Act may be used by such State to assist other States in
14 carrying out activities under such title III if the other
15 States include areas that have suffered a major disaster
16 declared by the President under the Robert T. Stafford
17 Disaster Relief and Emergency Assistance Act: Provided
18 further, That the Secretary may use funds appropriated
19 for grants to States under title III of the Social Security
20 Act to make payments on behalf of States for the use of
21 the National Directory of New Hires under section
22 453(j)(8) of such Act: Provided further, That funds appro-
23 priated in this Act which are used to establish a national
24 one-stop career center system, or which are used to sup-
25 port the national activities of the Federal-State unemploy-
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862
1 ment insurance or immigration programs, may be obli-
2 gated in contracts, grants, or agreements with non-State
3 entities: Provided further, That States awarded competi-
4 tive grants for improved operations under title III of the
5 Social Security Act, or awarded grants to support the na-
6 tional activities of the Federal-State unemployment insur-
7 ance system, may award subgrants to other States under
8 such grants, subject to the conditions applicable to the
9 grants: Provided further, That funds appropriated under
10 this Act for activities authorized under title III of the So-
11 cial Security Act and the Wagner-Peyser Act may be used
12 by States to fund integrated Unemployment Insurance
13 and Employment Service automation efforts, notwith-
14 standing cost allocation principles prescribed under the
15 Office of Management and Budget Circular A–87: Pro-
16 vided further, That the Secretary, at the request of a State
17 participating in a consortium with other States, may
18 reallot funds allotted to such State under title III of the
19 Social Security Act to other States participating in the
20 consortium in order to carry out activities that benefit the
21 administration of the unemployment compensation law of
22 the State making the request: Provided further, That the
23 Secretary may collect fees for the costs associated with
24 additional data collection, analyses, and reporting services
25 relating to the National Agricultural Workers Survey re-
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863
1 quested by State and local governments, public and private
2 institutions of higher education, and non-profit organiza-
3 tions and may utilize such sums, in accordance with the
4 provisions of 29 U.S.C. 9a, for the National Agricultural
5 Workers Survey infrastructure, methodology, and data to
6 meet the information collection and reporting needs of
7 such entities, which shall be credited to this appropriation
8 and shall remain available until September 30, 2015, for
9 such purposes.
10 In addition, $20,000,000 from the Employment Se-
11 curity Administration Account of the Unemployment
12 Trust Fund shall be available to conduct in-person reem-
13 ployment and eligibility assessments and unemployment
14 insurance improper payment reviews.
15 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
16 OTHER FUNDS
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864
1 sums as may be necessary, which shall be available for
2 obligation through September 30, 2015.
3 PROGRAM ADMINISTRATION
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865
1 none of the funds available to the Corporation for fiscal
2 year 2014 shall be available for obligations for administra-
3 tive expenses in excess of $505,441,000: Provided further,
4 That to the extent that the number of new plan partici-
5 pants in plans terminated by the Corporation exceeds
6 100,000 in fiscal year 2014, an amount not to exceed an
7 additional $9,200,000 shall be available through Sep-
8 tember 30, 2015, for obligation for administrative ex-
9 penses for every 20,000 additional terminated partici-
10 pants: Provided further, That an additional $50,000 shall
11 be made available through September 30, 2015, for obliga-
12 tion for investment management fees for every
13 $25,000,000 in assets received by the Corporation as a
14 result of new plan terminations or asset growth, after ap-
15 proval by the Office of Management and Budget and noti-
16 fication of the Committees on Appropriations of the House
17 of Representatives and the Senate: Provided further, That
18 obligations in excess of the amounts provided in this para-
19 graph may be incurred for unforeseen and extraordinary
20 pretermination expenses or extraordinary multiemployer
21 program related expenses after approval by the Office of
22 Management and Budget and notification of the Commit-
23 tees on Appropriations of the House of Representatives
24 and the Senate.
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866
1 WAGE AND HOUR DIVISION
2 SALARIES AND EXPENSES
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867
1 SPECIAL BENEFITS
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868
1 from the Postal Service and from any other corporation
2 or instrumentality required under 5 U.S.C. 8147(c) to pay
3 an amount for its fair share of the cost of administration,
4 such sums as the Secretary determines to be the cost of
5 administration for employees of such fair share entities
6 through September 30, 2014: Provided further, That of
7 those funds transferred to this account from the fair share
8 entities to pay the cost of administration of the Federal
9 Employees’ Compensation Act, $60,017,000 shall be made
10 available to the Secretary as follows:
11 (1) For enhancement and maintenance of auto-
12 mated data processing systems operations and tele-
13 communications systems, $19,499,000;
14 (2) For automated workload processing oper-
15 ations, including document imaging, centralized mail
16 intake, and medical bill processing, $22,968,000;
17 (3) For periodic roll disability management and
18 medical review, $16,190,000;
19 (4) For program integrity, $1,360,000; and
20 (5) The remaining funds shall be paid into the
21 Treasury as miscellaneous receipts:
22 Provided further, That the Secretary may require that any
23 person filing a notice of injury or a claim for benefits
24 under 5 U.S.C. 81, or the Longshore and Harbor Work-
25 ers’ Compensation Act, provide as part of such notice and
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869
1 claim, such identifying information (including Social Secu-
2 rity account number) as such regulations may prescribe.
3 SPECIAL BENEFITS FOR DISABLED COAL MINERS
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870
1 BLACK LUNG DISABILITY TRUST FUND
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871
1 amount available for grants to States under section 23(g)
2 of the Occupational Safety and Health Act (the ‘‘Act’’),
3 which grants shall be no less than 50 percent of the costs
4 of State occupational safety and health programs required
5 to be incurred under plans approved by the Secretary
6 under section 18 of the Act; and, in addition, notwith-
7 standing 31 U.S.C. 3302, the Occupational Safety and
8 Health Administration may retain up to $200,000 per fis-
9 cal year of training institute course tuition fees, otherwise
10 authorized by law to be collected, and may utilize such
11 sums for occupational safety and health training and edu-
12 cation: Provided, That notwithstanding 31 U.S.C. 3302,
13 the Secretary is authorized, during the fiscal year ending
14 September 30, 2014, to collect and retain fees for services
15 provided to Nationally Recognized Testing Laboratories,
16 and may utilize such sums, in accordance with the provi-
17 sions of 29 U.S.C. 9a, to administer national and inter-
18 national laboratory recognition programs that ensure the
19 safety of equipment and products used by workers in the
20 workplace: Provided further, That none of the funds ap-
21 propriated under this paragraph shall be obligated or ex-
22 pended to prescribe, issue, administer, or enforce any
23 standard, rule, regulation, or order under the Act which
24 is applicable to any person who is engaged in a farming
25 operation which does not maintain a temporary labor
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872
1 camp and employs 10 or fewer employees: Provided fur-
2 ther, That no funds appropriated under this paragraph
3 shall be obligated or expended to administer or enforce
4 any standard, rule, regulation, or order under the Act with
5 respect to any employer of 10 or fewer employees who is
6 included within a category having a Days Away, Re-
7 stricted, or Transferred (‘‘DART’’) occupational injury
8 and illness rate, at the most precise industrial classifica-
9 tion code for which such data are published, less than the
10 national average rate as such rates are most recently pub-
11 lished by the Secretary, acting through the Bureau of
12 Labor Statistics, in accordance with section 24 of the Act,
13 except—
14 (1) to provide, as authorized by the Act, con-
15 sultation, technical assistance, educational and train-
16 ing services, and to conduct surveys and studies;
17 (2) to conduct an inspection or investigation in
18 response to an employee complaint, to issue a cita-
19 tion for violations found during such inspection, and
20 to assess a penalty for violations which are not cor-
21 rected within a reasonable abatement period and for
22 any willful violations found;
23 (3) to take any action authorized by the Act
24 with respect to imminent dangers;
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873
1 (4) to take any action authorized by the Act
2 with respect to health hazards;
3 (5) to take any action authorized by the Act
4 with respect to a report of an employment accident
5 which is fatal to one or more employees or which re-
6 sults in hospitalization of two or more employees,
7 and to take any action pursuant to such investiga-
8 tion authorized by the Act; and
9 (6) to take any action authorized by the Act
10 with respect to complaints of discrimination against
11 employees for exercising rights under the Act:
12 Provided further, That the foregoing proviso shall not
13 apply to any person who is engaged in a farming operation
14 which does not maintain a temporary labor camp and em-
15 ploys 10 or fewer employees: Provided further, That
16 $10,687,000 shall be available for Susan Harwood train-
17 ing grants.
18 MINE SAFETY AND HEALTH ADMINISTRATION
19 SALARIES AND EXPENSES
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874
1 mine rescue and recovery activities and not less than
2 $8,441,000 for state assistance grants; in addition, not to
3 exceed $750,000 may be collected by the National Mine
4 Health and Safety Academy for room, board, tuition, and
5 the sale of training materials, otherwise authorized by law
6 to be collected, to be available for mine safety and health
7 education and training activities, notwithstanding 31
8 U.S.C. 3302; and, in addition, the Mine Safety and Health
9 Administration may retain up to $2,499,000 in this fiscal
10 year and each fiscal year thereafter from fees collected for
11 the approval and certification of equipment, materials, and
12 explosives for use in mines, and may utilize such sums
13 for such activities; the Secretary is authorized to accept
14 lands, buildings, equipment, and other contributions from
15 public and private sources and to prosecute projects in co-
16 operation with other agencies, Federal, State, or private;
17 the Mine Safety and Health Administration is authorized
18 to promote health and safety education and training in
19 the mining community through cooperative programs with
20 States, industry, and safety associations; the Secretary is
21 authorized to recognize the Joseph A. Holmes Safety As-
22 sociation as a principal safety association and, notwith-
23 standing any other provision of law, may provide funds
24 and, with or without reimbursement, personnel, including
25 service of Mine Safety and Health Administration officials
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875
1 as officers in local chapters or in the national organiza-
2 tion; and any funds available to the Department of Labor
3 may be used, with the approval of the Secretary, to pro-
4 vide for the costs of mine rescue and survival operations
5 in the event of a major disaster: Provided, That the Sec-
6 retary may transfer such sums as may be necessary to
7 ‘‘Departmental Management’’ for the Office of the Solic-
8 itor move related to the relocation of the Mine Safety and
9 Health Administration headquarters.
10 BUREAU OF LABOR STATISTICS
11 SALARIES AND EXPENSES
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1 DEPARTMENTAL MANAGEMENT
2 SALARIES AND EXPENSES
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1 funds available for program evaluation may be transferred
2 to any other appropriate account in the Department for
3 such purpose: Provided further, That the funds available
4 to the Women’s Bureau may be used for grants to serve
5 and promote the interests of women in the workforce.
6 VETERANS EMPLOYMENT AND TRAINING
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1 Armed Forces who are wounded, ill, or injured and
2 receiving treatment in military treatment facilities or
3 warrior transition units, and to the spouses or other
4 family caregivers of such wounded, ill, or injured
5 members;
6 (2) $14,000,000 is for carrying out the Transi-
7 tion Assistance Program under 38 U.S.C. 4113 and
8 10 U.S.C. 1144;
9 (3) $39,000,000 is for Federal administration
10 of chapters 41, 42, and 43 of title 38, United States
11 Code; and
12 (4) $3,414,000 is for the National Veterans’
13 Employment and Training Services Institute under
14 38 U.S.C. 4109:
15 Provided further, That the Secretary may reallocate
16 among the appropriations provided under paragraphs (1)
17 through (4) above an amount not to exceed 3 percent of
18 the appropriation from which such reallocation is made.
19 In addition, from the General Fund of the Treasury,
20 $38,109,000 is for carrying out the Homeless Veterans
21 Reintegration Programs under 38 U.S.C. 2021.
22 IT MODERNIZATION
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1 OFFICE OF INSPECTOR GENERAL
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1 tees on Appropriations of the House of Representatives
2 and the Senate are notified at least 15 days in advance
3 of any transfer.
4 SEC. 103. In accordance with Executive Order
5 13126, none of the funds appropriated or otherwise made
6 available pursuant to this Act shall be obligated or ex-
7 pended for the procurement of goods mined, produced,
8 manufactured, or harvested or services rendered, in whole
9 or in part, by forced or indentured child labor in industries
10 and host countries already identified by the United States
11 Department of Labor prior to enactment of this Act.
12 SEC. 104. None of the funds made available to the
13 Department of Labor for grants under section 414(c) of
14 the American Competitiveness and Workforce Improve-
15 ment Act of 1998 may be used for any purpose other than
16 competitive grants for training individuals over the age of
17 16 who are not currently enrolled in school within a local
18 educational agency in the occupations and industries for
19 which employers are using H–1B visas to hire foreign
20 workers, and the related activities necessary to support
21 such training: Provided, That the preceding limitation
22 shall not apply to funding provided pursuant to solicita-
23 tions for grant applications issued prior to January 15,
24 2014.
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1 SEC. 105. None of the funds made available by this
2 Act under the heading ‘‘Employment and Training Ad-
3 ministration’’ shall be used by a recipient or subrecipient
4 of such funds to pay the salary and bonuses of an indi-
5 vidual, either as direct costs or indirect costs, at a rate
6 in excess of Executive Level II. This limitation shall not
7 apply to vendors providing goods and services as defined
8 in Office of Management and Budget Circular A–133.
9 Where States are recipients of such funds, States may es-
10 tablish a lower limit for salaries and bonuses of those re-
11 ceiving salaries and bonuses from subrecipients of such
12 funds, taking into account factors including the relative
13 cost-of-living in the State, the compensation levels for
14 comparable State or local government employees, and the
15 size of the organizations that administer Federal pro-
16 grams involved including Employment and Training Ad-
17 ministration programs. Notwithstanding this section, the
18 limitation on salaries for the Job Corps shall continue to
19 be governed by section 101.
20 SEC. 106. The Secretary shall take no action to
21 amend, through regulatory or administration action, the
22 definition established in section 667.220 of title 20 of the
23 Code of Federal Regulations for functions and activities
24 under title I of WIA, or to modify, through regulatory or
25 administrative action, the procedure for redesignation of
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1 local areas as specified in subtitle B of title I of that Act
2 (including applying the standards specified in section
3 116(a)(3)(B) of that Act, but notwithstanding the time
4 limits specified in section 116(a)(3)(B) of that Act), until
5 such time as legislation reauthorizing the Act is enacted.
6 Nothing in the preceding sentence shall permit or require
7 the Secretary to withdraw approval for such redesignation
8 from a State that received the approval not later than Oc-
9 tober 12, 2005, or to revise action taken or modify the
10 redesignation procedure being used by the Secretary in
11 order to complete such redesignation for a State that initi-
12 ated the process of such redesignation by submitting any
13 request for such redesignation not later than October 26,
14 2005.
15 (INCLUDING TRANSFER OF FUNDS)
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1 (INCLUDING TRANSFER OF FUNDS)
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1 istration’’, funding made available to the ‘‘Bureau of
2 International Affairs’’ and ‘‘Women’s Bureau’’ within the
3 ‘‘Departmental Management, Salaries and Expenses’’ ac-
4 count, and ‘‘Veterans Employment and Training’’.
5 SEC. 109. None of the funds made available by this
6 Act may be used to promulgate the Definition of ‘‘Fidu-
7 ciary’’ regulation (Regulatory Identification Number
8 1210–AB32) published by the Employee Benefits Security
9 Administration of the Department of Labor on October
10 22, 2010 (75 Fed. Reg. 65263).
11 SEC. 110. (a) Of the funds appropriated under sec-
12 tion 272(b) of the Trade Act of 1974 for fiscal year 2014,
13 the Secretary may reserve no more than 3 percent of such
14 funds to conduct evaluations and provide technical assist-
15 ance relating to the activities carried out under section
16 271 of such Act, including activities carried out under
17 such section supported by the appropriations provided for
18 fiscal years 2011 through 2013.
19 (b) Institutions of higher education awarded grants
20 under section 271 of the Trade Act of 1974 may award
21 subgrants to other institutions of higher education that
22 meet the definition of ‘‘eligible institution’’ under section
23 271(b)(1)(A) of such Act, subject to the conditions appli-
24 cable to such grants.
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1 SEC. 111. (a) Section 5315 of title 5, United States
2 Code, is amended after the item relating to the Assistant
3 Secretaries of Labor by inserting ‘‘Administrator, Wage
4 and Hour Division, Department of Labor.’’
5 (b) Section 5316, title 5, United States Code, is
6 amended by striking ‘‘Administrator, Wage and Hour and
7 Public Contracts Division, Department of Labor.’’
8 DIRECTIVE FOR THE SECRETARY OF LABOR
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1 SEC. 113. (a) FLEXIBILITY WITH RESPECT TO THE
3 SEAFOOD INDUSTRY.—
4 (1) IN GENERAL.—Subject to paragraph (2), if
5 a petition for H–2B nonimmigrants filed by an em-
6 ployer in the seafood industry is granted, the em-
7 ployer may bring the nonimmigrants described in
8 the petition into the United States at any time dur-
9 ing the 120-day period beginning on the start date
10 for which the employer is seeking the services of the
11 nonimmigrants without filing another petition.
12 (2) REQUIREMENTS FOR CROSSINGS AFTER
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1 (B) offers the job to an equally or better
2 qualified United States worker who—
3 (i) applies for the job; and
4 (ii) will be available at the time and
5 place of need.
6 (3) EXEMPTION FROM RULES WITH RESPECT
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888
1 TITLE II
2 DEPARTMENT OF HEALTH AND HUMAN
3 SERVICES
4 HEALTH RESOURCES AND SERVICES ADMINISTRATION
5 PRIMARY HEALTH CARE
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1 applications from fiscal year 2013, grants to expand med-
2 ical services, behavioral health, oral health, pharmacy, and
3 vision services, and costs associated with the HHS admin-
4 istration of these grants.
5 HEALTH WORKFORCE
6 For carrying out titles III, VII, and VIII of the PHS
7 Act with respect to the health workforce, section 1128E
8 of the Social Security Act, and the Health Care Quality
9 Improvement Act of 1986, $734,236,000: Provided, That
10 sections 747(c)(2), 751(j)(2), 762(k), and the proportional
11 funding amounts in paragraphs (1) through (4) of section
12 756(e) of the PHS Act shall not apply to funds made
13 available under this heading: Provided further, That for
14 any program operating under section 751 of the PHS Act
15 on or before January 1, 2009, the Secretary may hereafter
16 waive any of the requirements contained in sections
17 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
18 project period of a grant under such section: Provided fur-
19 ther, That no funds shall be available for section 340G–
20 1 of the PHS Act: Provided further, That in addition to
21 fees authorized by section 427(b) of the Health Care Qual-
22 ity Improvement Act of 1986, fees shall be collected for
23 the full disclosure of information under such Act sufficient
24 to recover the full costs of operating the National Practi-
25 tioner Data Bank and shall remain available until ex-
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890
1 pended to carry out that Act: Provided further, That fees
2 collected for the full disclosure of information under the
3 ‘‘Health Care Fraud and Abuse Data Collection Pro-
4 gram’’, authorized by section 1128E(d)(2) of the Social
5 Security Act, shall be sufficient to recover the full costs
6 of operating the program, and shall remain available until
7 expended to carry out that Act: Provided further, That fees
8 collected for the disclosure of information under the infor-
9 mation reporting requirement program authorized by sec-
10 tion 1921 of the Social Security Act shall be sufficient
11 to recover the full costs of operating the program and shall
12 remain available until expended to carry out that Act: Pro-
13 vided further, That funds transferred to this account to
14 carry out section 846 and subpart 3 of part D of title
15 III of the PHS Act may be used to make prior year adjust-
16 ments to awards made under such sections.
17 MATERNAL AND CHILD HEALTH
18 For carrying out titles III, XI, XII, and XIX of the
19 PHS Act with respect to maternal and child health, title
20 V of the Social Security Act, and section 712 of the Amer-
21 ican Jobs Creation Act of 2004, $846,017,000: Provided,
22 That notwithstanding sections 502(a)(1) and 502(b)(1) of
23 the Social Security Act, not more than $77,093,000 shall
24 be available for carrying out special projects of regional
25 and national significance pursuant to section 501(a)(2) of
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891
1 such Act and $10,276,000 shall be available for projects
2 described in paragraphs (A) through (F) of section
3 501(a)(3) of such Act.
4 RYAN WHITE HIV/AIDS PROGRAM
19 For carrying out titles III and XII of the PHS Act
20 with respect to health care systems, and the Stem Cell
21 Therapeutic and Research Act of 2005, $103,193,000, of
22 which $122,000 shall be available until expended for facili-
23 ties renovations at the Gillis W. Long Hansen’s Disease
24 Center.
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892
1 RURAL HEALTH
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893
1 FAMILY PLANNING
21 ACCOUNT
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894
1 teed loan program, including section 709 of the PHS Act,
2 $2,687,000.
3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
15 For carrying out titles II, III, XVII, and XXI, and
16 section 2821 of the PHS Act, titles II and IV of the Immi-
17 gration and Nationality Act, and section 501 of the Ref-
18 ugee Education Assistance Act, with respect to immuniza-
19 tion and respiratory diseases, $571,536,000: Provided,
20 That in addition to amounts provided herein, $12,864,000
21 shall be available from amounts available under section
22 241 of the PHS Act to carry out the National Immuniza-
23 tion Surveys.
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895
1 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED
8 For carrying out titles II, III, and XVII, and section
9 2821 of the PHS Act, titles II and IV of the Immigration
10 and Nationality Act, and section 501 of the Refugee Edu-
11 cation Assistance Act, with respect to emerging and
12 zoonotic infectious diseases, $287,300,000: Provided, That
13 of the funds provided for the Advanced Molecular Detec-
14 tion initiative, the CDC Director shall establish and pub-
15 lish a five-year program implementation plan within 90
16 days of enactment.
17 CHRONIC DISEASE PREVENTION AND HEALTH
18 PROMOTION
19 For carrying out titles II, III, XI, XV, XVII, and
20 XIX of the PHS Act with respect to chronic disease pre-
21 vention and health promotion, $711,650,000: Provided,
22 That funds appropriated under this account may be avail-
23 able for making grants under section 1509 of the PHS
24 Act for not less than 21 States, tribes, or tribal organiza-
25 tions: Provided further, That of the funds available under
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896
1 this heading, $5,000,000 shall be available to conduct an
2 extension and outreach program to combat obesity in
3 counties with the highest levels of obesity: Provided fur-
4 ther, That of the funds provided under this heading,
5 $80,000,000 shall be available for a program consisting
6 of three-year grants of no less than $100,000 per year
7 to non-governmental entities, local public health offices,
8 school districts, local housing authorities, local transpor-
9 tation authorities or Indian tribes to implement evidence-
10 based chronic disease prevention strategies: Provided fur-
11 ther, That applicants for grants described in the previous
12 proviso shall determine the population to be served and
13 shall agree to work in collaboration with multi-sector part-
14 ners.
15 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES,
17 For carrying out titles II, III, XI, and XVII of the
18 PHS Act with respect to birth defects, developmental dis-
19 abilities, disabilities and health, $122,435,000.
20 PUBLIC HEALTH SCIENTIFIC SERVICES
21 For carrying out titles II, III, and XVII of the PHS
22 Act with respect to health statistics, surveillance,
23 informatics, and workforce development, $347,179,000:
24 Provided, That in addition to amounts provided herein,
25 $85,691,000 shall be available from amounts available
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897
1 under section 241 of the PHS Act to carry out public
2 health scientific services.
3 ENVIRONMENTAL HEALTH
4 For carrying out titles II, III, and XVII of the PHS
5 Act with respect to environmental health, $147,555,000.
6 INJURY PREVENTION AND CONTROL
7 For carrying out titles II, III, and XVII of the PHS
8 Act with respect to injury prevention and control,
9 $142,311,000.
10 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
11 HEALTH
12 For carrying out titles II, III, and XVII of the PHS
13 Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and
14 514 of the Federal Mine Safety and Health Act, section
15 13 of the Mine Improvement and New Emergency Re-
16 sponse Act, and sections 20, 21, and 22 of the Occupa-
17 tional Safety and Health Act, with respect to occupational
18 safety and health, $180,300,000: Provided, That in addi-
19 tion to amounts provided herein, $112,000,000 shall be
20 available from amounts available under section 241 of the
21 PHS Act.
22 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
23 COMPENSATION PROGRAM
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898
1 Act, $55,358,000, to remain available until expended: Pro-
2 vided, That this amount shall be available consistent with
3 the provision regarding administrative expenses in section
4 151(b) of division B, title I of Public Law 106–554.
5 GLOBAL HEALTH
6 For carrying out titles II, III, and XVII of the PHS
7 Act with respect to global health, $383,000,000, of which
8 $114,250,000 for international HIV/AIDS shall remain
9 available through September 30, 2015, and of which
10 $7,500,000 shall remain available through September 30,
11 2015, to support national public health institutes: Pro-
12 vided, That funds may be used for purchase and insurance
13 of official motor vehicles in foreign countries.
14 PUBLIC HEALTH PREPAREDNESS AND RESPONSE
15 For carrying out titles II, III, and XVII of the PHS
16 Act with respect to public health preparedness and re-
17 sponse, and for expenses necessary to support activities
18 related to countering potential biological, nuclear, radio-
19 logical, and chemical threats to civilian populations,
20 $1,323,450,000, of which $535,000,000 shall remain
21 available until expended for the Strategic National Stock-
22 pile: Provided, That in the event the Director of the CDC
23 activates the Emergency Operations Center, the Director
24 of the CDC may detail CDC staff without reimbursement
25 for up to 30 days to support the work of the CDC Emer-
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899
1 gency Operations Center, so long as the Director provides
2 a notice to the Committees on Appropriations of the
3 House of Representatives and the Senate within 15 days
4 of the use of this authority and a full report within 30
5 days after use of this authority which includes the number
6 of staff and funding level broken down by the originating
7 center and number of days detailed: Provided further,
8 That in the previous proviso the annual reimbursement
9 cannot exceed $3,000,000 across CDC: Provided further,
10 That of the funds provided for the Strategic National
11 Stockpile, up to $2,000,000 shall be used to support a
12 comprehensive IOM evaluation of the distribution system.
13 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
15 For carrying out titles II, III, XVII and XIX, and
16 section 2821 of the PHS Act and for cross-cutting activi-
17 ties and program support that supplement activities fund-
18 ed under the headings ‘‘Immunization and Respiratory
19 Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually Trans-
20 mitted Diseases, and Tuberculosis Prevention’’, ‘‘Emerg-
21 ing and Zoonotic Infectious Diseases’’, ‘‘Chronic Disease
22 Prevention and Health Promotion’’, ‘‘Birth Defects, De-
23 velopmental Disabilities, Disabilities and Health’’, ‘‘Envi-
24 ronmental Health’’, ‘‘Injury Prevention and Control’’,
25 ‘‘National Institute for Occupational Safety and Health’’,
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900
1 ‘‘Energy Employees Occupational Illness Compensation
2 Program’’, ‘‘Global Health’’, ‘‘Public Health Preparedness
3 and Response’’, and ‘‘Public Health Scientific Services’’,
4 $517,570,000, of which $380,000,000 shall be available
5 until September 30, 2015, for business services and trans-
6 fer to the Working Capital Fund, and of which
7 $24,000,000 shall be available until September 30, 2018,
8 for acquisition of real property, equipment, construction
9 and renovation of facilities: Provided, That paragraphs (1)
10 through (3) of subsection (b) of section 2821 of the PHS
11 Act shall not apply to funds appropriated under this head-
12 ing and in all other accounts of the CDC: Provided further,
13 That funds appropriated under this heading and in all
14 other accounts of CDC may be used to support the pur-
15 chase, hire, maintenance, and operation of aircraft for use
16 and support of the activities of CDC: Provided further,
17 That employees of CDC or the Public Health Service, both
18 civilian and commissioned officers, detailed to States, mu-
19 nicipalities, or other organizations under authority of sec-
20 tion 214 of the PHS Act, or in overseas assignments, shall
21 be treated as non-Federal employees for reporting pur-
22 poses only and shall not be included within any personnel
23 ceiling applicable to the Agency, Service, or HHS during
24 the period of detail or assignment: Provided further, That
25 CDC may use up to $10,000 from amounts appropriated
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901
1 to CDC in this Act for official reception and representa-
2 tion expenses when specifically approved by the Director
3 of CDC: Provided further, That in addition, such sums as
4 may be derived from authorized user fees, which shall be
5 credited to the appropriation charged with the cost there-
6 of: Provided further, That with respect to the previous pro-
7 viso, authorized user fees from the Vessel Sanitation Pro-
8 gram shall be available through September 30, 2015: Pro-
9 vided further, That of the funds made available under this
10 heading and in all other accounts of CDC, up to $1,000
11 per eligible employee of CDC shall be made available until
12 expended for Individual Learning Accounts: Provided fur-
13 ther, That to facilitate the implementation of the perma-
14 nent Working Capital Fund (‘‘WCF’’) authorized under
15 this heading in division F of Public Law 112–74, on or
16 after enactment of this Act, unobligated balances of
17 amounts appropriated for business services for fiscal year
18 2013 shall be transferred to the WCF: Provided further,
19 That on or after enactment of this Act, CDC shall transfer
20 amounts available for business services to other CDC ap-
21 propriations consistent with the benefit each appropriation
22 received from the business services appropriation in fiscal
23 year 2013: Provided further, That once the WCF is imple-
24 mented in fiscal year 2014, assets purchased in any prior
25 fiscal year with funds appropriated for or reimbursed to
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902
1 business services may be transferred to the WCF and cus-
2 tomers billed for depreciation of those assets: Provided
3 further, That CDC shall, consistent with the authorities
4 provided in 42 U.S.C. 231, ensure that the WCF is used
5 only for administrative support services and not for pro-
6 grammatic activities: Provided further, That CDC shall no-
7 tify the Committees on Appropriations of the House of
8 Representatives and the Senate not later than 15 days
9 prior to any transfers made with funds provided under this
10 heading.
11 NATIONAL INSTITUTES OF HEALTH
12 NATIONAL CANCER INSTITUTE
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903
1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
2 RESEARCH
7 KIDNEY DISEASES
12 AND STROKE
17 DISEASES
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904
1 $273,325,000 is provided for the Institutional Develop-
2 ment Awards program.
3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF
13 SCIENCES
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905
1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER
2 COMMUNICATION DISORDERS
10 ALCOHOLISM
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906
1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
2 BIOENGINEERING
7 ALTERNATIVE MEDICINE
12 HEALTH DISPARITIES
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907
1 brary of Medicine may enter into personal services con-
2 tracts for the provision of services in facilities owned, oper-
3 ated, or constructed under the jurisdiction of the National
4 Institutes of Health (referred to in this title as ‘‘NIH’’):
5 Provided further, That in addition to amounts provided
6 herein, $8,200,000 shall be available from amounts avail-
7 able under section 241 of the PHS Act to carry out the
8 purposes of the National Information Center on Health
9 Services Research and Health Care Technology estab-
10 lished under section 478A of the PHS Act and related
11 health information services.
12 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL
13 SCIENCES
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908
1 chase of not to exceed 29 passenger motor vehicles for re-
2 placement only: Provided further, That NIH is authorized
3 to collect third-party payments for the cost of clinical serv-
4 ices that are incurred in NIH research facilities and that
5 such payments shall be credited to the NIH Management
6 Fund: Provided further, That all funds credited to the
7 NIH Management Fund shall remain available for one fis-
8 cal year after the fiscal year in which they are deposited:
9 Provided further, That $165,000,000 shall be for the Na-
10 tional Children’s Study (‘‘NCS’’), except that not later
11 than July 15, 2014, the Director shall estimate the
12 amount needed for the NCS during fiscal year 2014, and
13 any funds in excess of the estimated need shall be trans-
14 ferred to and merged with the accounts for the various
15 Institutes and Centers in proportion to their shares of
16 total NIH appropriations made by this Act: Provided fur-
17 ther, That $533,039,000 shall be available for the Com-
18 mon Fund established under section 402A(c)(1) of the
19 PHS Act: Provided further, That of the funds provided
20 $10,000 shall be for official reception and representation
21 expenses when specifically approved by the Director of the
22 NIH: Provided further, That the Office of AIDS Research
23 within the Office of the Director of the NIH may spend
24 up to $8,000,000 to make grants for construction or ren-
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909
1 ovation of facilities as provided for in section
2 2354(a)(5)(B) of the PHS Act.
3 BUILDINGS AND FACILITIES
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910
1 shall not exceed 5 percent of the amounts appropriated
2 for subpart I of part B of title XIX: Provided further, That
3 section 520E(b)(2) of the PHS Act shall not apply to
4 funds appropriated under this Act for fiscal year 2014:
5 Provided further, That of the amount appropriated under
6 this heading, $46,000,000 shall be for the National Child
7 Traumatic Stress Initiative as described in section 582 of
8 the PHS Act: Provided further, That States shall expend
9 at least 5 percent of the amount each receives for carrying
10 out section 1911 of the PHS Act to support evidence-
11 based programs that address the needs of individuals with
12 early serious mental illness, including psychotic disorders,
13 regardless of the age of the individual at onset: Provided
14 further, That none of the funds provided for section 1911
15 of the PHS Act shall be subject to section 241 of such
16 Act.
17 SUBSTANCE ABUSE TREATMENT
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911
1 ance, national data, data collection and evaluation activi-
2 ties, and further that the total available under this Act
3 for section 1935(b) activities shall not exceed 5 percent
4 of the amounts appropriated for subpart II of part B of
5 title XIX; and (2) $2,000,000 to evaluate substance abuse
6 treatment programs: Provided further, That none of the
7 funds provided for section 1921 of the PHS Act shall be
8 subject to section 241 of such Act.
9 SUBSTANCE ABUSE PREVENTION
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912
1 Provided further, That, in addition, fees may be collected
2 for the costs of publications, data, data tabulations, and
3 data analysis completed under title V of the PHS Act and
4 provided to a public or private entity upon request, which
5 shall be credited to this appropriation and shall remain
6 available until expended for such purposes: Provided fur-
7 ther, That funds made available under this heading may
8 be used to supplement program support funding provided
9 under the headings ‘‘Mental Health’’, ‘‘Substance Abuse
10 Treatment’’, and ‘‘Substance Abuse Prevention’’.
11 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
12 HEALTHCARE RESEARCH AND QUALITY
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913
1 CENTERS FOR MEDICARE AND MEDICAID SERVICES
2 GRANTS TO STATES FOR MEDICAID
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914
1 103(c) and 111(d) of the Social Security Amendments of
2 1965, section 278(d)(3) of Public Law 97–248, and for
3 administrative expenses incurred pursuant to section
4 201(g) of the Social Security Act, $255,185,000,000.
5 In addition, for making matching payments under
6 section 1844 and benefit payments under section 1860D–
7 16 of the Social Security Act that were not anticipated
8 in budget estimates, such sums as may be necessary.
9 PROGRAM MANAGEMENT
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915
1 vided, That all funds derived in accordance with 31 U.S.C.
2 9701 from organizations established under title XIII of
3 the PHS Act shall be credited to and available for carrying
4 out the purposes of this appropriation: Provided further,
5 That the Secretary is directed to collect fees in fiscal year
6 2014 from Medicare Advantage organizations pursuant to
7 section 1857(e)(2) of the Social Security Act and from eli-
8 gible organizations with risk-sharing contracts under sec-
9 tion 1876 of that Act pursuant to section 1876(k)(4)(D)
10 of that Act: Provided further, That $22,004,000 shall be
11 available for the State high-risk health insurance pool pro-
12 gram as authorized by the State High Risk Pool Funding
13 Extension Act of 2006.
14 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
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916
1 under Part D of the Social Security Act and for activities
2 described in section 1893(b) of such Act, of which
3 $28,122,000 shall be for the Department of Health and
4 Human Services Office of Inspector General to carry out
5 fraud and abuse activities authorized by section
6 1817(k)(3) of such Act, of which $29,708,000 shall be for
7 the Medicaid and Children’s Health Insurance Program
8 (‘‘CHIP’’) program integrity activities, and of which
9 $28,122,000 shall be for the Department of Justice to
10 carry out fraud and abuse activities authorized by section
11 1817(k)(3) of such Act: Provided, That the report re-
12 quired by section 1817(k)(5) of the Social Security Act
13 for fiscal year 2014 shall include measures of the oper-
14 ational efficiency and impact on fraud, waste, and abuse
15 in the Medicare, Medicaid, and CHIP programs for the
16 funds provided by this appropriation.
17 ADMINISTRATION FOR CHILDREN AND FAMILIES
18 PAYMENTS TO STATES FOR CHILD SUPPORT
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917
1 For making, after May 31 of the current fiscal year,
2 payments to States or other non-Federal entities under
3 titles I, IV–D, X, XI, XIV, and XVI of the Social Security
4 Act and the Act of July 5, 1960, for the last 3 months
5 of the current fiscal year for unanticipated costs, incurred
6 for the current fiscal year, such sums as may be necessary.
7 LOW INCOME HOME ENERGY ASSISTANCE
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918
1 gration and Nationality Act and section 501 of the Ref-
2 ugee Education Assistance Act of 1980, and for carrying
3 out section 462 of the Homeland Security Act of 2002,
4 section 235 of the William Wilberforce Trafficking Victims
5 Protection Reauthorization Act of 2008, the Trafficking
6 Victims Protection Act of 2000 (‘‘TVPA’’), section 203
7 of the Trafficking Victims Protection Reauthorization Act
8 of 2005, and the Torture Victims Relief Act of 1998,
9 $1,486,095,000 of which $1,461,605,000 shall remain
10 available through September 30, 2016 for carrying out
11 such sections 414, 501, 462, and 235: Provided, That
12 amounts available under this heading to carry out such
13 section 203 and the TVPA shall also be available for re-
14 search and evaluation with respect to activities under
15 those authorities.
16 PAYMENTS TO STATES FOR THE CHILD CARE AND
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919
1 ation of a national toll free referral line and Web site to
2 develop and disseminate child care consumer education in-
3 formation for parents and help parents access child care
4 in their local community: Provided further, That, in addi-
5 tion to the amounts required to be reserved by the States
6 under section 658G of the CCDBG Act, $296,484,000
7 shall be reserved by the States for activities authorized
8 under section 658G, of which $108,732,000 shall be for
9 activities that improve the quality of infant and toddler
10 care: Provided further, That $9,851,000 shall be for use
11 by the Secretary for child care research, demonstration,
12 and evaluation activities: Provided further, That technical
13 assistance under section 658I(a)(3) of such Act may be
14 provided directly, or through the use of contracts, grants,
15 cooperative agreements, or interagency agreements.
16 SOCIAL SERVICES BLOCK GRANT
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920
1 CHILDREN AND FAMILIES SERVICES PROGRAMS
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921
1 2015, shall be for grants to States for adoption incentive
2 payments, as authorized by section 473A of the Social Se-
3 curity Act and may be made for adoptions completed be-
4 fore September 30, 2014: Provided, That subsection (b)(5)
5 of such section 473A shall apply to funds appropriated
6 under this heading by substituting ‘‘2013’’ for ‘‘2012’’:
7 Provided further, That $8,598,095,000 shall be for mak-
8 ing payments under the Head Start Act: Provided further,
9 That of the amount in the previous proviso,
10 $8,073,095,000 shall be available for payments under sec-
11 tion 640 of the Head Start Act, of which $100,000,000
12 shall be available for a cost of living adjustment notwith-
13 standing section 640(a)(3)(A) of such Act: Provided fur-
14 ther, That for purposes of allocating funds under section
15 640 of the Head Start Act, subsection (a)(2) of such sec-
16 tion shall be applied by substituting ‘‘fiscal year 2012’’
17 for ‘‘the prior fiscal year’’ each place it appears in such
18 subsection: Provided further, That of the amount provided
19 for making payments under the Head Start Act,
20 $25,000,000 shall be available for allocation by the Sec-
21 retary to supplement activities described in paragraphs
22 (7)(B) and (9) of section 641(c) of such Act under the
23 Designation Renewal System, established under the au-
24 thority of sections 641(c)(7), 645A(b)(12) and 645A(d)
25 of such Act: Provided further, That amounts allocated to
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922
1 Head Start grantees at the discretion of the Secretary to
2 supplement activities pursuant to the previous proviso
3 shall not be included in the calculation of the ‘‘base grant’’
4 in subsequent fiscal years, as such term is used in section
5 640(a)(7)(A) of the Head Start Act: Provided further,
6 That notwithstanding section 640 of the Head Start Act,
7 of the amount provided for making payments under the
8 Head Start Act, $500,000,000 shall be available through
9 March 31, 2015 for expansion of Early Head Start pro-
10 grams as described in section 645A of such Act, for con-
11 version of Head Start services to Early Head Start serv-
12 ices as described in section 645(a)(5)(A) of such Act, and
13 for new discretionary grants for high quality infant and
14 toddler care through Early Head Start-Child Care Part-
15 nerships, to entities defined as eligible under section
16 645A(d) of such Act, and, notwithstanding section
17 645A(c)(2) of such Act, these funds are available to serve
18 children under age 4: Provided further, That of the
19 amount made available in the immediately preceding pro-
20 viso, up to $10,000,000 shall be available for the Federal
21 costs of administration and evaluation activities of the
22 program described in such proviso: Provided further, That
23 an Early Head Start agency awarded funds for an Early
24 Head Start-Child Care Partnership after October 1, 2014,
25 shall not be subject to the requirements of the system for
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923
1 designation renewal as defined by section 641 of the Head
2 Start Act, for this award only, prior to 18 months after
3 the date of such award: Provided further, That
4 $709,854,000 shall be for making payments under the
5 CSBG Act: Provided further, That $36,204,000 shall be
6 for sections 680 and 678E(b)(2) of the CSBG Act, of
7 which not less than $29,883,000 shall be for section
8 680(a)(2) and not less than $5,971,000 shall be for sec-
9 tion 680(a)(3)(B) of such Act: Provided further, That to
10 the extent Community Services Block Grant funds are dis-
11 tributed as grant funds by a State to an eligible entity
12 as provided under the CSBG Act, and have not been ex-
13 pended by such entity, they shall remain with such entity
14 for carryover into the next fiscal year for expenditure by
15 such entity consistent with program purposes: Provided
16 further, That the Secretary shall establish procedures re-
17 garding the disposition of intangible assets and program
18 income that permit such assets acquired with, and pro-
19 gram income derived from, grant funds authorized under
20 section 680 of the CSBG Act to become the sole property
21 of such grantees after a period of not more than 12 years
22 after the end of the grant period for any activity consistent
23 with section 680(a)(2)(A) of the CSBG Act: Provided fur-
24 ther, That intangible assets in the form of loans, equity
25 investments and other debt instruments, and program in-
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924
1 come may be used by grantees for any eligible purpose
2 consistent with section 680(a)(2)(A) of the CSBG Act:
3 Provided further, That these procedures shall apply to
4 such grant funds made available after November 29, 1999:
5 Provided further, That funds appropriated for section
6 680(a)(2) of the CSBG Act shall be available for financing
7 construction and rehabilitation and loans or investments
8 in private business enterprises owned by community devel-
9 opment corporations: Provided further, That in addition
10 to amounts provided herein, $5,762,000 shall be available
11 from amounts available under section 241 of the PHS Act
12 to carry out the provisions of section 1110 of the Social
13 Security Act: Provided further, That section
14 303(a)(2)(A)(i) of the Family Violence Prevention and
15 Services Act shall not apply to amounts provided herein:
16 Provided further, That $1,864,000 shall be for a human
17 services case management system for federally declared
18 disasters, to include a comprehensive national case man-
19 agement contract and Federal costs of administering the
20 system: Provided further, That up to $2,000,000 shall be
21 for improving the Public Assistance Reporting Informa-
22 tion System, including grants to States to support data
23 collection for a study of the system’s effectiveness.
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925
1 PROMOTING SAFE AND STABLE FAMILIES
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926
1 Rights Act, parts 2 and 5 of subtitle D of title II of the
2 Help America Vote Act of 2002, and for Department-wide
3 coordination of policy and program activities that assist
4 individuals with disabilities, $1,610,143,000, together
5 with $52,115,000 to be transferred from the Federal Hos-
6 pital Insurance Trust Fund and the Federal Supple-
7 mentary Medical Insurance Trust Fund to carry out sec-
8 tion 4360 of the Omnibus Budget Reconciliation Act of
9 1990: Provided, That amounts appropriated under this
10 heading may be used for grants to States under section
11 361 of the OAA only for disease prevention and health
12 promotion programs and activities which have been dem-
13 onstrated through rigorous evaluation to be evidence-
14 based and effective: Provided further, That none of the
15 funds provided shall be used to carry out sections 1701
16 and 1703 of the PHS Act (with respect to chronic disease
17 self-management activity grants), except that such funds
18 may be used for necessary expenses associated with ad-
19 ministering any such grants awarded prior to the date of
20 the enactment of this Act: Provided further, That notwith-
21 standing any other provision of this Act, funds made avail-
22 able under this heading to carry out section 311 of the
23 OAA may be transferred to the Secretary of Agriculture
24 in accordance with such section.
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927
1 OFFICE OF THE SECRETARY
2 GENERAL DEPARTMENTAL MANAGEMENT
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928
1 search and demonstration grants to develop, replicate, re-
2 fine, and test additional models and innovative strategies
3 for preventing teenage pregnancy, and of which any re-
4 maining amounts shall be available for training and tech-
5 nical assistance, evaluation, outreach, and additional pro-
6 gram support activities: Provided further, That of the
7 amounts provided under this heading from amounts avail-
8 able under section 241 of the PHS Act, $8,455,000 shall
9 be available to carry out evaluations (including longitu-
10 dinal evaluations) of teenage pregnancy prevention ap-
11 proaches: Provided further, That of the funds made avail-
12 able under this heading, $1,750,000 is for strengthening
13 the Department’s acquisition workforce capacity and capa-
14 bilities: Provided further, That with respect to the previous
15 proviso, such funds shall be available for training, recruit-
16 ment, retention and hiring members of the acquisition
17 workforce as defined by 41 U.S.C. 1703, and for informa-
18 tion technology in support of acquisition workforce effec-
19 tiveness or for management solutions to improve acquisi-
20 tion management: Provided further, That of the funds
21 made available under this heading, $5,000,000 shall be
22 for making competitive grants to provide abstinence edu-
23 cation (as defined by section 510(b)(2)(A)–(H) of the So-
24 cial Security Act) to adolescents, and for Federal costs
25 of administering the grant: Provided further, That grants
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929
1 made under the authority of section 510(b)(2)(A)–(H) of
2 the Social Security Act shall be made only to public and
3 private entities that agree that, with respect to an adoles-
4 cent to whom the entities provide abstinence education
5 under such grant, the entities will not provide to that ado-
6 lescent any other education regarding sexual conduct, ex-
7 cept that, in the case of an entity expressly required by
8 law to provide health information or services the adoles-
9 cent shall not be precluded from seeking health informa-
10 tion or services from the entity in a different setting than
11 the setting in which abstinence education was provided:
12 Provided further, That funds provided in this Act for em-
13 bryo adoption activities may be used to provide to individ-
14 uals adopting embryos, through grants and other mecha-
15 nisms, medical and administrative services deemed nec-
16 essary for such adoptions: Provided further, That such
17 services shall be provided consistent with 42 CFR
18 59.5(a)(4).
19 OFFICE OF MEDICARE HEARINGS AND APPEALS
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930
1 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
2 INFORMATION TECHNOLOGY
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931
1 RETIREMENT PAY AND MEDICAL BENEFITS FOR
2 COMMISSIONED OFFICERS
11 FUND
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932
1 of acquisition of security countermeasures shall be in addi-
2 tion to any other funds available for such purpose: Pro-
3 vided further, That products purchased with funds pro-
4 vided under this heading may, at the discretion of the Sec-
5 retary, be deposited in the Strategic National Stockpile
6 pursuant to section 319F–2 of the PHS Act: Provided fur-
7 ther, That $5,000,000 of the amounts made available to
8 support emergency operations shall remain available
9 through September 30, 2016.
10 For necessary expenses for procuring security coun-
11 termeasures (as defined in section 319F–2(c)(1)(B) of the
12 PHS Act), $255,000,000, to remain available until ex-
13 pended.
14 For expenses necessary to prepare for and respond
15 to an influenza pandemic, $115,009,000; of which
16 $83,000,000 shall be available until expended, for activi-
17 ties including the development and purchase of vaccine,
18 antivirals, necessary medical supplies, diagnostics, and
19 other surveillance tools: Provided further, That notwith-
20 standing section 496(b) of the PHS Act, funds may be
21 used for the construction or renovation of privately owned
22 facilities for the production of pandemic influenza vaccines
23 and other biologics, if the Secretary finds such construc-
24 tion or renovation necessary to secure sufficient supplies
25 of such vaccines or biologics.
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933
1 In addition, for expenses necessary for replacement
2 of building leases and associated renovation costs for Pub-
3 lic Health Service agencies and other components of HHS,
4 including relocation and fit-out costs, $16,131,000, to re-
5 main available until expended.
6 GENERAL PROVISIONS
7 SEC. 201. Funds appropriated in this title shall be
8 available for not to exceed $50,000 for official reception
9 and representation expenses when specifically approved by
10 the Secretary.
11 SEC. 202. The Secretary shall make available through
12 assignment not more than 60 employees of the Public
13 Health Service to assist in child survival activities and to
14 work in AIDS programs through and with funds provided
15 by the Agency for International Development, the United
16 Nations International Children’s Emergency Fund or the
17 World Health Organization.
18 SEC. 203. None of the funds appropriated in this title
19 shall be used to pay the salary of an individual, through
20 a grant or other extramural mechanism, at a rate in excess
21 of Executive Level II.
22 SEC. 204. None of the funds appropriated in this Act
23 may be expended pursuant to section 241 of the PHS Act,
24 except for funds specifically provided for in this Act, or
25 for other taps and assessments made by any office located
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934
1 in HHS, prior to the preparation and submission of a re-
2 port by the Secretary to the Committees on Appropria-
3 tions of the House of Representatives and the Senate de-
4 tailing the planned uses of such funds.
5 SEC. 205. Notwithstanding section 241(a) of the
6 PHS Act, such portion as the Secretary shall determine,
7 but not more than 2.5 percent, of any amounts appro-
8 priated for programs authorized under such Act shall be
9 made available for the evaluation (directly, or by grants
10 or contracts) and the implementation and effectiveness of
11 programs funded in this title.
12 (TRANSFER OF FUNDS)
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935
1 (TRANSFER OF FUNDS)
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936
1 SEC. 210. Notwithstanding any other provision of
2 law, no provider of services under title X of the PHS Act
3 shall be exempt from any State law requiring notification
4 or the reporting of child abuse, child molestation, sexual
5 abuse, rape, or incest.
6 SEC. 211. None of the funds appropriated by this Act
7 (including funds appropriated to any trust fund) may be
8 used to carry out the Medicare Advantage program if the
9 Secretary denies participation in such program to an oth-
10 erwise eligible entity (including a Provider Sponsored Or-
11 ganization) because the entity informs the Secretary that
12 it will not provide, pay for, provide coverage of, or provide
13 referrals for abortions: Provided, That the Secretary shall
14 make appropriate prospective adjustments to the capita-
15 tion payment to such an entity (based on an actuarially
16 sound estimate of the expected costs of providing the serv-
17 ice to such entity’s enrollees): Provided further, That noth-
18 ing in this section shall be construed to change the Medi-
19 care program’s coverage for such services and a Medicare
20 Advantage organization described in this section shall be
21 responsible for informing enrollees where to obtain infor-
22 mation about all Medicare covered services.
23 SEC. 212. In order for HHS to carry out inter-
24 national health activities, including HIV/AIDS and other
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937
1 infectious disease, chronic and environmental disease, and
2 other health activities abroad during fiscal year 2014:
3 (1) The Secretary may exercise authority equiv-
4 alent to that available to the Secretary of State in
5 section 2(c) of the State Department Basic Authori-
6 ties Act of 1956. The Secretary shall consult with
7 the Secretary of State and relevant Chief of Mission
8 to ensure that the authority provided in this section
9 is exercised in a manner consistent with section 207
10 of the Foreign Service Act of 1980 and other appli-
11 cable statutes administered by the Department of
12 State.
13 (2) The Secretary is authorized to provide such
14 funds by advance or reimbursement to the Secretary
15 of State as may be necessary to pay the costs of ac-
16 quisition, lease, alteration, renovation, and manage-
17 ment of facilities outside of the United States for
18 the use of HHS. The Department of State shall co-
19 operate fully with the Secretary to ensure that HHS
20 has secure, safe, functional facilities that comply
21 with applicable regulation governing location, set-
22 back, and other facilities requirements and serve the
23 purposes established by this Act. The Secretary is
24 authorized, in consultation with the Secretary of
25 State, through grant or cooperative agreement, to
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1 make available to public or nonprofit private institu-
2 tions or agencies in participating foreign countries,
3 funds to acquire, lease, alter, or renovate facilities in
4 those countries as necessary to conduct programs of
5 assistance for international health activities, includ-
6 ing activities relating to HIV/AIDS and other infec-
7 tious diseases, chronic and environmental diseases,
8 and other health activities abroad.
9 (3) The Secretary is authorized to provide to
10 personnel appointed or assigned by the Secretary to
11 serve abroad, allowances and benefits similar to
12 those provided under chapter 9 of title I of the For-
13 eign Service Act of 1980, and 22 U.S.C. 4081
14 through 4086 and subject to such regulations pre-
15 scribed by the Secretary. The Secretary is further
16 authorized to provide locality-based comparability
17 payments (stated as a percentage) up to the amount
18 of the locality-based comparability payment (stated
19 as a percentage) that would be payable to such per-
20 sonnel under section 5304 of title 5, United States
21 Code if such personnel’s official duty station were in
22 the District of Columbia. Leaves of absence for per-
23 sonnel under this subsection shall be on the same
24 basis as that provided under subchapter I of chapter
25 63 of title 5, United States Code, or section 903 of
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939
1 the Foreign Service Act of 1980, to individuals serv-
2 ing in the Foreign Service.
3 SEC. 213. (a) AUTHORITY.—Notwithstanding any
4 other provision of law, the Director of NIH (‘‘Director’’)
5 may use funds available under section 402(b)(7) or
6 402(b)(12) of the PHS Act to enter into transactions
7 (other than contracts, cooperative agreements, or grants)
8 to carry out research identified pursuant to such section
9 402(b)(7) (pertaining to the Common Fund) or research
10 and activities described in such section 402(b)(12).
11 (b) PEER REVIEW.—In entering into transactions
12 under subsection (a), the Director may utilize such peer
13 review procedures (including consultation with appropriate
14 scientific experts) as the Director determines to be appro-
15 priate to obtain assessments of scientific and technical
16 merit. Such procedures shall apply to such transactions
17 in lieu of the peer review and advisory council review pro-
18 cedures that would otherwise be required under sections
19 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
20 and 494 of the PHS Act.
21 SEC. 214. Funds which are available for Individual
22 Learning Accounts for employees of CDC and the Agency
23 for Toxic Substances and Disease Registry (‘‘ATSDR’’)
24 may be transferred to appropriate accounts of CDC, to
25 be available only for Individual Learning Accounts: Pro-
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940
1 vided, That such funds may be used for any individual
2 full-time equivalent employee while such employee is em-
3 ployed either by CDC or ATSDR.
4 SEC. 215. Not to exceed $45,000,000 of funds appro-
5 priated by this Act to the institutes and centers of the
6 National Institutes of Health may be used for alteration,
7 repair, or improvement of facilities, as necessary for the
8 proper and efficient conduct of the activities authorized
9 herein, at not to exceed $3,500,000 per project.
10 (TRANSFER OF FUNDS)
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941
1 SEC. 218. (a) The Secretary shall establish a publicly
2 accessible Web site to provide information regarding the
3 uses of funds made available under section 4002 of the
4 Patient Protection and Affordable Care Act of 2010
5 (‘‘ACA’’).
6 (b) With respect to funds provided under section
7 4002 of the ACA, the Secretary shall include on the Web
8 site established under subsection (a) at a minimum the
9 following information:
10 (1) In the case of each transfer of funds under
11 section 4002(c), a statement indicating the program
12 or activity receiving funds, the operating division or
13 office that will administer the funds, and the
14 planned uses of the funds, to be posted not later
15 than the day after the transfer is made.
16 (2) Identification (along with a link to the full
17 text) of each funding opportunity announcement, re-
18 quest for proposals, or other announcement or solici-
19 tation of proposals for grants, cooperative agree-
20 ments, or contracts intended to be awarded using
21 such funds, to be posted not later than the day after
22 the announcement or solicitation is issued.
23 (3) Identification of each grant, cooperative
24 agreement, or contract with a value of $25,000 or
25 more awarded using such funds, including the pur-
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942
1 pose of the award and the identity of the recipient,
2 to be posted not later than 5 days after the award
3 is made.
4 (4) A report detailing the uses of all funds
5 transferred under section 4002(c) during the fiscal
6 year, to be posted not later than 90 days after the
7 end of the fiscal year.
8 (c) With respect to awards made in fiscal years 2013
9 and 2014, the Secretary shall also include on the Web site
10 established under subsection (a), semi-annual reports from
11 each entity awarded a grant, cooperative agreement, or
12 contract from such funds with a value of $25,000 or more,
13 summarizing the activities undertaken and identifying any
14 sub-grants or sub-contracts awarded (including the pur-
15 pose of the award and the identity of the recipient), to
16 be posted not later than 30 days after the end of each
17 6-month period.
18 (d) In carrying out this section, the Secretary shall:
19 (1) present the information required in sub-
20 section (b)(1) on a single webpage or on a single
21 database;
22 (2) ensure that all information required in this
23 section is directly accessible from the single webpage
24 or database; and
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943
1 (3) ensure that all information required in this
2 section is able to be organized by program or State.
3 (TRANSFER OF FUNDS)
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1 (A) for the full period of the contract or
2 for the first fiscal year in which the contract is
3 in effect; and
4 (B) for the estimated costs associated with
5 a necessary termination of the contract; and
6 (2) the Secretary determines that a multi-year
7 contract will serve the best interests of the Federal
8 Government by encouraging full and open competi-
9 tion or promoting economy in administration, per-
10 formance, and operation of BARDA’s programs.
11 (b) A contract entered into under this section:
12 (1) shall include a termination clause as de-
13 scribed by subsection (c) of section 3903 of title 41,
14 United States Code; and
15 (2) shall be subject to the congressional notice
16 requirement stated in subsection (d) of such section.
17 SEC. 221. (a) The Secretary shall publish in the fiscal
18 year 2015 budget justification and on Departmental Web
19 sites information concerning the employment of full-time
20 equivalent Federal employees or contractors for the pur-
21 poses of implementing, administering, enforcing, or other-
22 wise carrying out the provisions of the Patient Protection
23 and Affordable Care Act of 2010 (‘‘ACA’’), and the
24 amendments made by that Act, in the proposed fiscal year
25 and the 4 prior fiscal years.
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1 (b) With respect to employees or contractors sup-
2 ported by all funds appropriated for purposes of carrying
3 out the ACA (and the amendments made by that Act),
4 the Secretary shall include, at a minimum, the following
5 information:
6 (1) For each such fiscal year, the section of
7 such Act under which such funds were appropriated,
8 a statement indicating the program, project, or ac-
9 tivity receiving such funds, the Federal operating di-
10 vision or office that administers such program, and
11 the amount of funding received in discretionary or
12 mandatory appropriations.
13 (2) For each such fiscal year, the number of
14 full-time equivalent employees or contracted employ-
15 ees assigned to each authorized and funded provision
16 detailed in accordance with paragraph (1).
17 (c) In carrying out this section, the Secretary may
18 exclude from the report employees or contractors who:
19 (1) Are supported through appropriations en-
20 acted in laws other than the ACA and work on pro-
21 grams that existed prior to the passage of the ACA;
22 (2) spend less than 50 percent of their time on
23 activities funded by or newly authorized in the ACA;
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1 (3) or who work on contracts for which FTE
2 reporting is not a requirement of their contract,
3 such as fixed-price contracts.
4 SEC. 222. In addition to the amounts otherwise avail-
5 able for ‘‘Centers for Medicare and Medicaid Services,
6 Program Management’’, the Secretary of Health and
7 Human Services may transfer up to $305,000,000 to such
8 account from the Federal Hospital Insurance Trust Fund
9 and the Federal Supplementary Medical Insurance Trust
10 Fund to support program management activity related to
11 the Medicare Program: Provided, That except for the fore-
12 going purpose, such funds may not be used to support any
13 provision of Public Law 111–148 or Public Law 111–152
14 (or any amendment made by either such Public Law) or
15 to supplant any other amounts within such account.
16 SEC. 223. In lieu of the timeframe specified in section
17 338E(c)(2) of the PHS Act, terminations described in
18 such section may occur up to 60 days after the execution
19 of a contract awarded in fiscal year 2014 under section
20 338B of such Act.
21 SEC. 224. The Secretary shall publish, as part of the
22 fiscal year 2015 budget of the President submitted under
23 section 1105(a) of title 31, United States Code, informa-
24 tion that details the uses of all funds used by the Centers
25 for Medicare and Medicaid Services specifically for Health
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947
1 Insurance Marketplaces for each fiscal year since the en-
2 actment of the Patient Protection and Affordable Care Act
3 (Public Law 111–148) and the proposed uses for such
4 funds for fiscal year 2015. Such information shall include,
5 for each such fiscal year—
6 (1) the section(s) of such Act under which such
7 funds were appropriated or used;
8 (2) the program, project, or activity for which
9 such funds were used;
10 (3) the amount of funds that were used for the
11 Health Insurance Marketplaces within each such
12 program, project, or activity; and
13 (4) the milestones completed for data hub
14 functionality and implementation readiness.
15 SEC. 225. Activities authorized under part A of title
16 IV and section 1108(b) of the Social Security Act (except
17 for activities authorized in section 403(b)) shall continue
18 through September 30, 2014, in the manner authorized
19 for fiscal year 2013, and out of any money in the Treasury
20 of the United States not otherwise appropriated, there are
21 hereby appropriated such sums as may be necessary for
22 such purpose.
23 SEC. 226. The Secretary shall include in the fiscal
24 year 2016 budget justification an analysis of how section
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1 2713 of the PHS Act will impact eligibility for discre-
2 tionary HHS programs.
3 This title may be cited as the ‘‘Department of Health
4 and Human Services Appropriations Act, 2014’’.
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1 TITLE III
2 DEPARTMENT OF EDUCATION
3 EDUCATION FOR THE DISADVANTAGED
4 For carrying out title I of the Elementary and Sec-
5 ondary Education Act of 1965 (referred to in this Act as
6 ‘‘ESEA’’) and section 418A of the Higher Education Act
7 of 1965 (referred to in this Act as ‘‘HEA’’),
8 $15,552,693,000, of which $4,625,762,000 shall become
9 available on July 1, 2014, and shall remain available
10 through September 30, 2015, and of which
11 $10,841,177,000 shall become available on October 1,
12 2014, and shall remain available through September 30,
13 2015, for academic year 2014–2015: Provided, That
14 $6,459,401,000 shall be for basic grants under section
15 1124 of the ESEA: Provided further, That up to
16 $3,984,000 of these funds shall be available to the Sec-
17 retary of Education (referred to in this title as ‘‘Sec-
18 retary’’) on October 1, 2013, to obtain annually updated
19 local educational agency-level census poverty data from
20 the Bureau of the Census: Provided further, That
21 $1,362,301,000 shall be for concentration grants under
22 section 1124A of the ESEA: Provided further, That
23 $3,281,550,000 shall be for targeted grants under section
24 1125 of the ESEA: Provided further, That
25 $3,281,550,000 shall be for education finance incentive
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1 grants under section 1125A of the ESEA: Provided fur-
2 ther, That funds available under sections 1124, 1124A,
3 1125 and 1125A of the ESEA may be used to provide
4 homeless children and youths with services not ordinarily
5 provided to other students under those sections, including
6 supporting the liaison designated pursuant to section
7 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assist-
8 ance Act, and providing transportation pursuant to section
9 722(g)(1)(J)(iii) of such Act: Provided further, That
10 $880,000 shall be to carry out sections 1501 and 1503
11 of the ESEA: Provided further, That $505,756,000 shall
12 be available for school improvement grants under section
13 1003(g) of the ESEA, which shall be allocated by the Sec-
14 retary through the formula described in section
15 1003(g)(2) and shall be used consistent with the require-
16 ments of section 1003(g), except that State and local edu-
17 cational agencies may use such funds to serve any school
18 eligible to receive assistance under part A of title I that
19 has not made adequate yearly progress for at least 2 years
20 or is in the State’s lowest quintile of performance based
21 on proficiency rates and, in the case of secondary schools,
22 priority shall be given to those schools with graduation
23 rates below 60 percent: Provided further, That notwith-
24 standing section 1003(g)(5)(C) of the ESEA, the Sec-
25 retary may permit a State educational agency to establish
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951
1 an award period of up to 5 years for each participating
2 local educational agency: Provided further, That funds
3 available for school improvement grants may be used by
4 a local educational agency to implement a whole-school re-
5 form strategy for a school using an evidence-based strat-
6 egy that ensures whole-school reform is undertaken in
7 partnership with a strategy developer offering a whole-
8 school reform program that is based on at least a mod-
9 erate level of evidence that the program will have a statis-
10 tically significant effect on student outcomes, including
11 more than one well-designed or well-implemented experi-
12 mental or quasi-experimental study: Provided further,
13 That funds available for school improvement grants may
14 be used by a local educational agency to implement an al-
15 ternative State-determined school improvement strategy
16 that has been established by a State educational agency
17 with the approval of the Secretary: Provided further, That
18 a local educational agency that is determined to be eligible
19 for services under subpart 1 or 2 of part B of title VI
20 of the ESEA may modify not more than one element of
21 a school improvement grant model: Provided further, That
22 notwithstanding section 1003(g)(5)(A), each State edu-
23 cational agency may establish a maximum subgrant size
24 of not more than $2,000,000 for each participating school
25 applicable to such funds: Provided further, That the Sec-
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952
1 retary may reserve up to 5 percent of the funds available
2 for section 1003(g) of the ESEA to carry out activities
3 to build State and local educational agency capacity to im-
4 plement effectively the school improvement grants pro-
5 gram: Provided further, That $158,000,000 shall be avail-
6 able under section 1502 of the ESEA for a comprehensive
7 literacy development and education program to advance
8 literacy skills, including pre-literacy skills, reading, and
9 writing, for students from birth through grade 12, includ-
10 ing limited-English-proficient students and students with
11 disabilities, of which one-half of 1 percent shall be reserved
12 for the Secretary of the Interior for such a program at
13 schools funded by the Bureau of Indian Education, one-
14 half of 1 percent shall be reserved for grants to the out-
15 lying areas for such a program, up to 5 percent may be
16 reserved for national activities, and the remainder shall
17 be used to award competitive grants to State educational
18 agencies for such a program, of which a State educational
19 agency may reserve up to 5 percent for State leadership
20 activities, including technical assistance and training, data
21 collection, reporting, and administration, and shall
22 subgrant not less than 95 percent to local educational
23 agencies or, in the case of early literacy, to local edu-
24 cational agencies or other nonprofit providers of early
25 childhood education that partner with a public or private
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1 nonprofit organization or agency with a demonstrated
2 record of effectiveness in improving the early literacy de-
3 velopment of children from birth through kindergarten
4 entry and in providing professional development in early
5 literacy, giving priority to such agencies or other entities
6 serving greater numbers or percentages of disadvantaged
7 children: Provided further, That the State educational
8 agency shall ensure that at least 15 percent of the sub-
9 granted funds are used to serve children from birth
10 through age 5, 40 percent are used to serve students in
11 kindergarten through grade 5, and 40 percent are used
12 to serve students in middle and high school including an
13 equitable distribution of funds between middle and high
14 schools: Provided further, That eligible entities receiving
15 subgrants from State educational agencies shall use such
16 funds for services and activities that have the characteris-
17 tics of effective literacy instruction through professional
18 development, screening and assessment, targeted interven-
19 tions for students reading below grade level and other re-
20 search-based methods of improving classroom instruction
21 and practice.
22 IMPACT AID
23 For carrying out programs of financial assistance to
24 federally affected schools authorized by title VIII of the
25 ESEA, $1,288,603,000, of which $1,151,233,000 shall be
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954
1 for basic support payments under section 8003(b),
2 $48,316,000 shall be for payments for children with dis-
3 abilities under section 8003(d), $17,406,000 shall be for
4 construction under section 8007(a), $66,813,000 shall be
5 for Federal property payments under section 8002, and
6 $4,835,000, to remain available until expended, shall be
7 for facilities maintenance under section 8008: Provided,
8 That for purposes of computing the amount of a payment
9 for an eligible local educational agency under section
10 8003(a) for school year 2013–2014, children enrolled in
11 a school of such agency that would otherwise be eligible
12 for payment under section 8003(a)(1)(B) of such Act, but
13 due to the deployment of both parents or legal guardians,
14 or a parent or legal guardian having sole custody of such
15 children, or due to the death of a military parent or legal
16 guardian while on active duty (so long as such children
17 reside on Federal property as described in section
18 8003(a)(1)(B)), are no longer eligible under such section,
19 shall be considered as eligible students under such section,
20 provided such students remain in average daily attendance
21 at a school in the same local educational agency they at-
22 tended prior to their change in eligibility status.
23 SCHOOL IMPROVEMENT PROGRAMS
24 For carrying out school improvement activities au-
25 thorized by parts A and B of title II, part B of title IV,
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955
1 parts A and B of title VI, and parts B and C of title VII
2 of the ESEA; the McKinney-Vento Homeless Assistance
3 Act; section 203 of the Educational Technical Assistance
4 Act of 2002; the Compact of Free Association Amend-
5 ments Act of 2003; and the Civil Rights Act of 1964,
6 $4,397,391,000, of which $2,580,358,000 shall become
7 available on July 1, 2014, and remain available through
8 September 30, 2015, and of which $1,681,441,000 shall
9 become available on October 1, 2014, and shall remain
10 available through September 30, 2015, for academic year
11 2014–2015: Provided, That funds made available to carry
12 out part B of title VII of the ESEA may be used for con-
13 struction, renovation, and modernization of any elemen-
14 tary school, secondary school, or structure related to an
15 elementary school or secondary school, run by the Depart-
16 ment of Education of the State of Hawaii, that serves a
17 predominantly Native Hawaiian student body: Provided
18 further, That funds made available to carry out part C
19 of title VII of the ESEA shall be awarded on a competitive
20 basis, and also may be used for construction: Provided fur-
21 ther, That $48,445,000 shall be available to carry out sec-
22 tion 203 of the Educational Technical Assistance Act of
23 2002: Provided further, That $16,699,000 shall be avail-
24 able to carry out the Supplemental Education Grants pro-
25 gram for the Federated States of Micronesia and the Re-
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1 public of the Marshall Islands: Provided further, That up
2 to 5 percent of the amount referred to in the previous pro-
3 viso may be reserved by the Federated States of Micro-
4 nesia and the Republic of the Marshall Islands to admin-
5 ister the Supplemental Education Grants programs and
6 to obtain technical assistance, oversight and consultancy
7 services in the administration of these grants and to reim-
8 burse the United States Departments of Labor, Health
9 and Human Services, and Education for such services:
10 Provided further, That up to 2 percent of the funds for
11 subpart 1 of part A of title II of the ESEA shall be re-
12 served by the Secretary for competitive awards for teacher
13 or principal recruitment and training or professional en-
14 hancement activities to national not-for-profit organiza-
15 tions, of which up to 10 percent may be used for related
16 research, dissemination, evaluation, technical assistance,
17 and outreach activities: Provided further, That
18 $149,717,000 shall be to carry out part B of title II of
19 the ESEA.
20 INDIAN EDUCATION
21 For expenses necessary to carry out, to the extent
22 not otherwise provided, title VII, part A of the ESEA,
23 $123,939,000.
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957
1 INNOVATION AND IMPROVEMENT
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958
1 Start programs and licensed child care providers), or con-
2 sortia thereof, for the implementation of high-quality pre-
3 school programs for children from families at or below 200
4 percent of the Federal poverty line: Provided further, That
5 subgrantees that are local educational agencies shall form
6 strong partnerships with early learning providers and that
7 subgrantees that are early learning providers shall form
8 strong partnerships with local educational agencies, in
9 order to carry out the requirements of the subgrant: Pro-
10 vided further, That, notwithstanding the second proviso,
11 up to 3 percent of such funds for improving early child-
12 hood care and education shall be available for technical
13 assistance, evaluation, and other national activities related
14 to such grants: Provided further, That not later than 30
15 days prior to the announcement of a competition under
16 such section 14006 pursuant to the requirements of this
17 Act, the Secretary shall submit a report outlining the pro-
18 posed competition and priorities to the Committees on Ap-
19 propriations of the House of Representatives and the Sen-
20 ate: Provided further, That the Secretary shall administer
21 State grants for improving early childhood care and edu-
22 cation under such section jointly with the Secretary of
23 HHS on such terms as such Secretaries set forth in an
24 interagency agreement: Provided further, That up to
25 $141,602,000 shall be available through December 31,
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959
1 2014 for section 14007 of division A of Public Law 111–
2 5, and up to 5 percent of such funds may be used for
3 technical assistance and the evaluation of activities carried
4 out under such section: Provided further, That the Sec-
5 retary may renew a grant made under section 14007 for
6 additional 1-year periods, for fiscal year 2014 and there-
7 after, if the grantee is meeting its performance targets,
8 up to a total award period of 6 years: Provided further,
9 That the education facilities clearinghouse established
10 through a competitive award process in fiscal year 2013
11 is authorized to collect and disseminate information on ef-
12 fective educational practices and the latest research re-
13 garding the planning, design, financing, construction, im-
14 provement, operation, and maintenance of safe, healthy,
15 high-performance public facilities for early learning pro-
16 grams, kindergarten through grade 12, and higher edu-
17 cation: Provided further, That $288,771,000 of the funds
18 for subpart 1 of part D of title V of the ESEA shall be
19 for competitive grants to local educational agencies, in-
20 cluding charter schools that are local educational agencies,
21 or States, or partnerships of: (1) a local educational agen-
22 cy, a State, or both; and (2) at least one nonprofit organi-
23 zation to develop and implement performance-based com-
24 pensation systems for teachers, principals, and other per-
25 sonnel in high-need schools: Provided further, That such
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960
1 performance-based compensation systems must consider
2 gains in student academic achievement as well as class-
3 room evaluations conducted multiple times during each
4 school year among other factors and provide educators
5 with incentives to take on additional responsibilities and
6 leadership roles: Provided further, That recipients of such
7 grants shall demonstrate that such performance-based
8 compensation systems are developed with the input of
9 teachers and school leaders in the schools and local edu-
10 cational agencies to be served by the grant: Provided fur-
11 ther, That recipients of such grants may use such funds
12 to develop or improve systems and tools (which may be
13 developed and used for the entire local educational agency
14 or only for schools served under the grant) that would en-
15 hance the quality and success of the compensation system,
16 such as high-quality teacher evaluations and tools to meas-
17 ure growth in student achievement: Provided further, That
18 applications for such grants shall include a plan to sustain
19 financially the activities conducted and systems developed
20 under the grant once the grant period has expired: Pro-
21 vided further, That up to 5 percent of such funds for com-
22 petitive grants shall be available for technical assistance,
23 training, peer review of applications, program outreach,
24 and evaluation activities: Provided further, That of the
25 funds available for part B of title V of the ESEA, the
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961
1 Secretary shall use not less than $11,000,000 to carry out
2 activities under section 5205(b) and shall use not less than
3 $12,000,000 for subpart 2: Provided further, That of the
4 funds available for subpart 1 of part B of title V of the
5 ESEA, and notwithstanding section 5205(a), the Sec-
6 retary shall reserve not less than $45,000,000 to make
7 multiple awards to non-profit charter management organi-
8 zations and other entities that are not for-profit entities
9 for the replication and expansion of successful charter
10 school models and shall reserve up to $11,000,000 to carry
11 out the activities described in section 5205(a), including
12 improving quality and oversight of charter schools and
13 providing technical assistance and grants to authorized
14 public chartering agencies in order to increase the number
15 of high-performing charter schools: Provided further, That
16 funds available for part B of title V of the ESEA may
17 be used for grants that support preschool education in
18 charter schools: Provided further, That each application
19 submitted pursuant to section 5203(a) shall describe a
20 plan to monitor and hold accountable authorized public
21 chartering agencies through such activities as providing
22 technical assistance or establishing a professional develop-
23 ment program, which may include evaluation, planning,
24 training, and systems development for staff of authorized
25 public chartering agencies to improve the capacity of such
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962
1 agencies in the State to authorize, monitor, and hold ac-
2 countable charter schools: Provided further, That each ap-
3 plication submitted pursuant to section 5203(a) shall con-
4 tain assurances that State law, regulations, or other poli-
5 cies require that: (1) each authorized charter school in the
6 State operate under a legally binding charter or perform-
7 ance contract between itself and the school’s authorized
8 public chartering agency that describes the rights and re-
9 sponsibilities of the school and the public chartering agen-
10 cy; conduct annual, timely, and independent audits of the
11 school’s financial statements that are filed with the
12 school’s authorized public chartering agency; and dem-
13 onstrate improved student academic achievement; and (2)
14 authorized public chartering agencies use increases in stu-
15 dent academic achievement for all groups of students de-
16 scribed in section 1111(b)(2)(C)(v) of the ESEA as the
17 most important factor when determining to renew or re-
18 voke a school’s charter.
19 SAFE SCHOOLS AND CITIZENSHIP EDUCATION
20 For carrying out activities authorized by part A of
21 title IV and subparts 1, 2, and 10 of part D of title V
22 of the ESEA, $270,892,000: Provided, That $90,000,000
23 shall be available for subpart 2 of part A of title IV, of
24 which up to $8,000,000, to remain available until ex-
25 pended, shall be for the Project School Emergency Re-
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963
1 sponse to Violence (‘‘Project SERV’’) program to provide
2 education-related services to local educational agencies
3 and institutions of higher education in which the learning
4 environment has been disrupted due to a violent or trau-
5 matic crisis: Provided further, That $56,754,000 shall be
6 available for Promise Neighborhoods and shall be available
7 through December 31, 2014.
8 ENGLISH LANGUAGE ACQUISITION
9 For carrying out part A of title III of the ESEA,
10 $723,400,000, which shall become available on July 1,
11 2014, and shall remain available through September 30,
12 2015, except that 6.5 percent of such amount shall be
13 available on October 1, 2013, and shall remain available
14 through September 30, 2015, to carry out activities under
15 section 3111(c)(1)(C): Provided, That the Secretary shall
16 use estimates of the American Community Survey child
17 counts for the most recent 3-year period available to cal-
18 culate allocations under such part.
19 SPECIAL EDUCATION
20 For carrying out the Individuals with Disabilities
21 Education Act (IDEA) and the Special Olympics Sport
22 and Empowerment Act of 2004, $12,497,300,000, of
23 which $2,981,201,000 shall become available on July 1,
24 2014, and shall remain available through September 30,
25 2015, and of which $9,283,383,000 shall become available
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964
1 on October 1, 2014, and shall remain available through
2 September 30, 2015, for academic year 2014–2015: Pro-
3 vided, That the amount for section 611(b)(2) of the IDEA
4 shall be equal to the lesser of the amount available for
5 that activity during fiscal year 2013, increased by the
6 amount of inflation as specified in section 619(d)(2)(B)
7 of the IDEA, or the percent change in the funds appro-
8 priated under section 611(i) of the IDEA, but not less
9 than the amount for that activity during fiscal year 2013:
10 Provided further, That the Secretary shall, without regard
11 to section 611(d) of the IDEA, distribute to all other
12 States (as that term is defined in section 611(g)(2)), sub-
13 ject to the third proviso, any amount by which a State’s
14 allocation under section 611(d), from funds appropriated
15 under this heading, is reduced under section
16 612(a)(18)(B), according to the following: 85 percent on
17 the basis of the States’ relative populations of children
18 aged 3 through 21 who are of the same age as children
19 with disabilities for whom the State ensures the avail-
20 ability of a free appropriate public education under this
21 part, and 15 percent to States on the basis of the States’
22 relative populations of those children who are living in pov-
23 erty: Provided further, That the Secretary may not dis-
24 tribute any funds under the previous proviso to any State
25 whose reduction in allocation from funds appropriated
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965
1 under this heading made funds available for such a dis-
2 tribution: Provided further, That the States shall allocate
3 such funds distributed under the second proviso to local
4 educational agencies in accordance with section 611(f):
5 Provided further, That the amount by which a State’s allo-
6 cation under section 611(d) of the IDEA is reduced under
7 section 612(a)(18)(B) and the amounts distributed to
8 States under the previous provisos in fiscal year 2012 or
9 any subsequent year shall not be considered in calculating
10 the awards under section 611(d) for fiscal year 2013 or
11 for any subsequent fiscal years: Provided further, That the
12 funds reserved under 611(c) of the IDEA may be used
13 to provide technical assistance to States to improve the
14 capacity of the States to meet the data collection require-
15 ments of sections 616 and 618 and to administer and
16 carry out other services and activities to improve data col-
17 lection, coordination, quality, and use under parts B and
18 C of the IDEA: Provided further, That funds made avail-
19 able for the Special Olympics Sport and Empowerment
20 Act of 2004 may be used to support expenses associated
21 with the Special Olympics National and World Games:
22 Provided further, That the level of effort a local edu-
23 cational agency must meet under section 613(a)(2)(A)(iii)
24 of the IDEA, in the year after it fails to maintain effort
25 is the level of effort that would have been required in the
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966
1 absence of that failure and not the LEA’s reduced level
2 of expenditures.
3 REHABILITATION SERVICES AND DISABILITY RESEARCH
4 For carrying out, to the extent not otherwise pro-
5 vided, the Rehabilitation Act of 1973, the Assistive Tech-
6 nology Act of 1998, and the Helen Keller National Center
7 Act, $3,680,497,000, of which $3,302,053,000 shall be for
8 grants for vocational rehabilitation services under title I
9 of the Rehabilitation Act: Provided, That the Secretary
10 may use amounts provided in this Act that remain avail-
11 able subsequent to the reallotment of funds to States pur-
12 suant to section 110(b) of the Rehabilitation Act for inno-
13 vative activities aimed at improving the outcomes of indi-
14 viduals with disabilities as defined in section 7(20)(B) of
15 the Rehabilitation Act, including activities aimed at im-
16 proving the education and post-school outcomes of chil-
17 dren receiving Supplemental Security Income (‘‘SSI’’) and
18 their families that may result in long-term improvement
19 in the SSI child recipient’s economic status and self-suffi-
20 ciency: Provided further, That from the remaining avail-
21 able amounts that are not used to carry out activities
22 aimed at improving the education and post-school out-
23 comes of children receiving SSI and their families author-
24 ized in the previous proviso, up to $20,000,000 may be
25 used for other innovative activities aimed at improving the
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967
1 outcomes of individuals with disabilities as defined in sec-
2 tion 7(20)(B) of the Rehabilitation Act: Provided further,
3 That States may award subgrants for a portion of the
4 funds to other public and private, non-profit entities: Pro-
5 vided further, That any funds made available subsequent
6 to reallotment for innovative activities aimed at improving
7 the outcomes of individuals with disabilities shall remain
8 available until September 30, 2015: Provided further, That
9 $2,000,000 shall be for competitive grants to support al-
10 ternative financing programs that provide for the purchase
11 of assistive technology devices, such as a low-interest loan
12 fund; an interest buy-down program; a revolving loan
13 fund; a loan guarantee; or insurance program: Provided
14 further, That applicants shall provide an assurance that,
15 and information describing the manner in which, the alter-
16 native financing program will expand and emphasize con-
17 sumer choice and control: Provided further, That State
18 agencies and community-based disability organizations
19 that are directed by and operated for individuals with dis-
20 abilities shall be eligible to compete.
21 SPECIAL INSTITUTIONS FOR PERSONS WITH
22 DISABILITIES
23 AMERICAN PRINTING HOUSE FOR THE BLIND
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968
1 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
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969
1 Education State Grants, $70,811,000 shall be made avail-
2 able for integrated English literacy and civics education
3 services to immigrants and other limited-English-pro-
4 ficient populations: Provided further, That of the amount
5 reserved for integrated English literacy and civics edu-
6 cation, notwithstanding section 211 of the AEFLA, 65
7 percent shall be allocated to States based on a State’s ab-
8 solute need as determined by calculating each State’s
9 share of a 10-year average of the United States Citizen-
10 ship and Immigration Services data for immigrants admit-
11 ted for legal permanent residence for the 10 most recent
12 years, and 35 percent allocated to States that experienced
13 growth as measured by the average of the 3 most recent
14 years for which United States Citizenship and Immigra-
15 tion Services data for immigrants admitted for legal per-
16 manent residence are available, except that no State shall
17 be allocated an amount less than $60,000: Provided fur-
18 ther, That of the amounts made available for AEFLA,
19 $13,712,000 shall be for national leadership activities
20 under section 243.
21 STUDENT FINANCIAL ASSISTANCE
22 For carrying out subparts 1, 3, and 10 of part A,
23 and part C of title IV of the HEA, $24,486,210,000,
24 which shall remain available through September 30, 2015.
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970
1 The maximum Pell Grant for which a student shall
2 be eligible during award year 2014–2015 shall be $4,860.
3 STUDENT AID ADMINISTRATION
4 For Federal administrative expenses to carry out part
5 D of title I, and subparts 1, 3, 9, and 10 of part A, and
6 parts B, C, D, and E of title IV of the HEA,
7 $1,166,000,000, to remain available until September 30,
8 2015.
9 HIGHER EDUCATION
10 For carrying out, to the extent not otherwise pro-
11 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA,
12 the Mutual Educational and Cultural Exchange Act of
13 1961, and section 117 of the Carl D. Perkins Career and
14 Technical Education Act of 2006, $1,925,408,000: Pro-
15 vided, That $575,000 shall be for data collection and eval-
16 uation activities for programs under the HEA, including
17 such activities needed to comply with the Government Per-
18 formance and Results Act of 1993: Provided further, That
19 notwithstanding any other provision of law, funds made
20 available in this Act to carry out title VI of the HEA and
21 section 102(b)(6) of the Mutual Educational and Cultural
22 Exchange Act of 1961 may be used to support visits and
23 study in foreign countries by individuals who are partici-
24 pating in advanced foreign language training and inter-
25 national studies in areas that are vital to United States
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971
1 national security and who plan to apply their language
2 skills and knowledge of these countries in the fields of gov-
3 ernment, the professions, or international development:
4 Provided further, That of the funds referred to in the pre-
5 ceding proviso up to 1 percent may be used for program
6 evaluation, national outreach, and information dissemina-
7 tion activities: Provided further, That, of the amount avail-
8 able under subpart 2 of part A of title VII of the HEA,
9 the Secretary may use up to $1,485,000 to fund continu-
10 ation awards for projects originally supported under sub-
11 part 1 of part A of title VII of the HEA: Provided further,
12 That up to 1.5 percent of the funds made available under
13 chapter 2 of subpart 2 of part A of title IV may be used
14 for evaluation.
15 HOWARD UNIVERSITY
16 For partial support of Howard University,
17 $221,821,000, of which not less than $3,405,000 shall be
18 for a matching endowment grant pursuant to the Howard
19 University Endowment Act and shall remain available
20 until expended.
21 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
22 PROGRAM
23 For Federal administrative expenses to carry out ac-
24 tivities related to existing facility loans pursuant to section
25 121 of the HEA, $435,000.
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972
1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY
2 CAPITAL FINANCING PROGRAM ACCOUNT
3 For the cost of guaranteed loans, $19,096,000, as au-
4 thorized pursuant to part D of title III of the HEA, which
5 shall remain available through September 30, 2015: Pro-
6 vided, That such costs, including the cost of modifying
7 such loans, shall be as defined in section 502 of the Con-
8 gressional Budget Act of 1974: Provided further, That
9 these funds are available to subsidize total loan principal,
10 any part of which is to be guaranteed, not to exceed
11 $303,593,000: Provided further, That these funds may be
12 used to support loans to public and private Historically
13 Black Colleges and Universities without regard to the limi-
14 tations within section 344(a) of the HEA.
15 In addition, for administrative expenses to carry out
16 the Historically Black College and University Capital Fi-
17 nancing Program entered into pursuant to part D of title
18 III of the HEA, $334,000.
19 INSTITUTE OF EDUCATION SCIENCES
20 For carrying out activities authorized by the Edu-
21 cation Sciences Reform Act of 2002, the National Assess-
22 ment of Educational Progress Authorization Act, section
23 208 of the Educational Technical Assistance Act of 2002,
24 and section 664 of the Individuals with Disabilities Edu-
25 cation Act, $576,935,000, which shall remain available
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973
1 through September 30, 2015: Provided, That funds avail-
2 able to carry out section 208 of the Educational Technical
3 Assistance Act may be used to link Statewide elementary
4 and secondary data systems with early childhood, postsec-
5 ondary, and workforce data systems, or to further develop
6 such systems: Provided further, That up to $6,000,000 of
7 the funds available to carry out section 208 of the Edu-
8 cational Technical Assistance Act may be used for awards
9 to public or private organizations or agencies to support
10 activities to improve data coordination, quality, and use
11 at the local, State, and national levels.
12 DEPARTMENTAL MANAGEMENT
13 PROGRAM ADMINISTRATION
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1 OFFICE OF INSPECTOR GENERAL
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1 clustering. The prohibition described in this section does
2 not include the establishment of magnet schools.
3 SEC. 303. No funds appropriated in this Act may be
4 used to prevent the implementation of programs of vol-
5 untary prayer and meditation in the public schools.
6 (TRANSFER OF FUNDS)
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1 1921d(f)(1)(B)(ix)) shall be applied by substituting
2 ‘‘2014’’ for ‘‘2009’’.
3 SEC. 307. (a) Section 206 of the Department of Edu-
4 cation Organization Act (20 U.S.C. 3416) is amended—
5 (1) by striking out the heading and inserting
6 ‘‘Office of Career, Technical, and Adult Education’’;
7 (2) by striking out ‘‘Office of Vocational and
8 Adult Education’’ and inserting ‘‘Office of Career,
9 Technical, and Adult Education’’;
10 (3) by striking out ‘‘Assistant Secretary for Vo-
11 cational and Adult Education’’ and inserting ‘‘As-
12 sistant Secretary for Career, Technical, and Adult
13 Education’’; and
14 (4) by striking out ‘‘vocational and adult edu-
15 cation’’ each place it appears and inserting ‘‘career,
16 technical, and adult education’’.
17 (b) Section 202 of the Department of Education Or-
18 ganization Act (20 U.S.C. 3412) is amended—
19 (1) in subsection (b)(1)(C), by striking out ‘‘As-
20 sistant Secretary for Vocational and Adult Edu-
21 cation’’ and inserting ‘‘Assistant Secretary for Ca-
22 reer, Technical, and Adult Education’’; and
23 (2) in subsection (h), by striking out ‘‘Assistant
24 Secretary for Vocational and Adult Education’’ each
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977
1 place it appears and inserting ‘‘Assistant Secretary
2 for Career, Technical, and Adult Education’’.
3 (c) Section 1 of the Department of Education Organi-
4 zation Act (20 U.S.C. 3401 note) is amended by striking
5 out the entry for section 206 and inserting ‘‘Sec. 206. Of-
6 fice of Career, Technical, and Adult Education.’’.
7 (d) Section 114(b)(1) of the Carl D. Perkins Career
8 and Technical Education Act of 2006 (20 U.S.C.
9 2324(b)(1)) is amended by striking out ‘‘Office of Voca-
10 tional and Adult Education’’ and inserting ‘‘Office of Ca-
11 reer, Technical, and Adult Education’’.
12 SEC. 308. The Secretary may reserve funds under
13 section 9601 of the ESEA (subject to the limitations in
14 subsections (b) and (c) of that section) in order to carry
15 out activities authorized under that section with respect
16 to any ESEA program funded in this Act and without re-
17 spect to the source of funds for those activities: Provided,
18 That any funds reserved under this section shall be avail-
19 able from July 1, 2014 through September 30, 2015: Pro-
20 vided further, That not later than 10 days prior to the
21 initial obligation of funds reserved under this section, the
22 Secretary shall submit an evaluation plan to the Senate
23 Committees on Appropriations and Health, Education,
24 Labor, and Pensions and the House Committees on Ap-
25 propriations and Education and the Workforce which
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978
1 identifies the source and amount of funds reserved under
2 this section, the impact on program grantees if funds are
3 withheld, and the programs to be evaluated with such
4 funds.
5 SEC. 309. (a) CONSOLIDATIONS.—For fiscal year
6 2006 and each succeeding fiscal year, if a local educational
7 agency described in subsection (b) is formed at any time
8 after 1938 by the consolidation of 2 or more former school
9 districts, the local educational agency may elect to have
10 the Secretary determine its eligibility for any fiscal year
11 on the basis of 1 or more of those former districts, as
12 designated by the local educational agency.
13 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A
14 local educational agency referred to in subsection (a) is—
15 (1) any local educational agency that, for fiscal
16 year 1994 or any preceding fiscal year, applied, and
17 was determined to be eligible under, section 2(c) of
18 the Act of September 30, 1950 (Public Law 874,
19 81st Congress) as that section was in effect for that
20 fiscal year; or
21 (2) a local educational agency formed by the
22 consolidation of 2 or more districts, at least 1 of
23 which was eligible for assistance under this section
24 for the fiscal year preceding the year of the consoli-
25 dation, if—
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979
1 (A) for fiscal years 2006 through 2013 the
2 local educational agency notified the Secretary
3 not later than 30 days after the date of enact-
4 ment of this Act; and
5 (B) for fiscal year 2014 the local edu-
6 cational agency includes the designation in its
7 application under section 8005 or any timely
8 amendment to such application.
9 (c) AMOUNT.—A local educational agency eligible
10 under subsection (b) shall receive a foundation payment
11 as provided for under subparagraphs (A) and (B) of sub-
12 section (h)(1), as in effect on the date of enactment of
13 this Act, except that the foundation payment shall be cal-
14 culated based on the most recent payment received by the
15 local educational agency based on its former common sta-
16 tus.
17 SEC. 310. The Secretary of Education shall—
18 (1) modify the Free Application for Federal
19 Student Aid described in section 483 of the HEA so
20 that the Free Application for Federal Student Aid
21 contains an individual box for the purpose of identi-
22 fying students who are foster youth or were in the
23 foster care system; and
24 (2) utilize such identification as a tool to notify
25 students who are foster youth or were in the foster
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980
1 care system of their potential eligibility for Federal
2 student aid, including postsecondary education pro-
3 grams through the John H. Chafee Foster Care
4 Independence Program and any other Federal pro-
5 grams under which such students may be eligible to
6 receive assistance.
7 This title may be cited as the ‘‘Department of Edu-
8 cation Appropriations Act, 2014’’.
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981
1 TITLE IV
2 RELATED AGENCIES
3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
4 BLIND OR SEVERELY DISABLED
5 SALARIES AND EXPENSES
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982
1 available to provide assistance to State commissions on na-
2 tional and community service, under section 126(a) of the
3 1990 Act and notwithstanding section 501(a)(5)(B) of the
4 1990 Act; (4) $30,000,000 shall be available to carry out
5 subtitle E of the 1990 Act; and (5) $3,800,000 shall be
6 available for expenses authorized under section
7 501(a)(4)(F) of the 1990 Act, which, notwithstanding the
8 provisions of section 198P shall be awarded by CNCS on
9 a competitive basis: Provided further, That not to exceed
10 20 percent of funds made available under section
11 501(a)(4)(E) of the 1990 Act may be used for Social Inno-
12 vation Funds Pilot Program-related performance-based
13 awards for Pay for Success projects: Provided further,
14 That, with respect to the previous proviso, any funds obli-
15 gated for such projects shall remain available for disburse-
16 ment until expended, notwithstanding 31 U.S.C. 1552(a),
17 and that any funds deobligated from such projects shall
18 immediately be available for activities authorized under
19 198K of such Act.
20 PAYMENT TO THE NATIONAL SERVICE TRUST
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983
1 amount provided within ‘‘Operating Expenses’’ allocated
2 to grants under subtitle C of title I of the 1990 Act to
3 the National Service Trust upon determination that such
4 transfer is necessary to support the activities of national
5 service participants and after notice is transmitted to the
6 Committees on Appropriations of the House of Represent-
7 atives and the Senate: Provided further, That amounts ap-
8 propriated for or transferred to the National Service Trust
9 may be invested under section 145(b) of the 1990 Act
10 without regard to the requirement to apportion funds
11 under 31 U.S.C. 1513(b).
12 SALARIES AND EXPENSES
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984
1 ADMINISTRATIVE PROVISIONS
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985
1 shall be used to supplement and not supplant current pro-
2 grams and operations.
3 SEC. 404. In addition to the requirements in section
4 146(a) of the 1990 Act, use of an educational award for
5 the purpose described in section 148(a)(4) shall be limited
6 to individuals who are veterans as defined under section
7 101 of the Act.
8 SEC. 405. For the purpose of carrying out section
9 189D of the 1990 Act:
10 (1) Entities described in paragraph (a) of such
11 section shall be considered ‘‘qualified entities’’ under
12 section 3 of the National Child Protection Act of
13 1993 (‘‘NCPA’’); and
14 (2) Individuals described in such section shall
15 be considered ‘‘volunteers’’ under section 3 of
16 NCPA; and
17 (3) State Commissions on National and Com-
18 munity Service established pursuant to section 178
19 of the 1990 Act, are authorized to receive criminal
20 history record information, consistent with Public
21 Law 92–544.
22 CORPORATION FOR PUBLIC BROADCASTING
23 For payment to the Corporation for Public Broad-
24 casting (‘‘CPB’’), as authorized by the Communications
25 Act of 1934, an amount which shall be available within
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986
1 limitations specified by that Act, for the fiscal year 2016,
2 $445,000,000: Provided, That none of the funds made
3 available to CPB by this Act shall be used to pay for re-
4 ceptions, parties, or similar forms of entertainment for
5 Government officials or employees: Provided further, That
6 none of the funds made available to CPB by this Act shall
7 be available or used to aid or support any program or ac-
8 tivity from which any person is excluded, or is denied ben-
9 efits, or is discriminated against, on the basis of race,
10 color, national origin, religion, or sex: Provided further,
11 That none of the funds made available to CPB by this
12 Act shall be used to apply any political test or qualification
13 in selecting, appointing, promoting, or taking any other
14 personnel action with respect to officers, agents, and em-
15 ployees of CPB: Provided further, That none of the funds
16 made available to CPB by this Act shall be used to support
17 the Television Future Fund or any similar purpose.
18 FEDERAL MEDIATION AND CONCILIATION SERVICE
19 SALARIES AND EXPENSES
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987
1 to carry out the functions vested in it by the Civil Service
2 Reform Act, $45,149,000, including up to $400,000 to re-
3 main available through September 30, 2015 for activities
4 authorized by the Labor-Management Cooperation Act of
5 1978: Provided, That notwithstanding 31 U.S.C. 3302,
6 fees charged, up to full-cost recovery, for special training
7 activities and other conflict resolution services and tech-
8 nical assistance, including those provided to foreign gov-
9 ernments and international organizations, and for arbitra-
10 tion services shall be credited to and merged with this ac-
11 count, and shall remain available until expended: Provided
12 further, That fees for arbitration services shall be available
13 only for education, training, and professional development
14 of the agency workforce: Provided further, That the Direc-
15 tor of the Service is authorized to accept and use on behalf
16 of the United States gifts of services and real, personal,
17 or other property in the aid of any projects or functions
18 within the Director’s jurisdiction.
19 FEDERAL MINE SAFETY AND HEALTH REVIEW
20 COMMISSION
21 SALARIES AND EXPENSES
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988
1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES
2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS
3 AND ADMINISTRATION
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989
1 NATIONAL LABOR RELATIONS BOARD
2 SALARIES AND EXPENSES
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990
1 in an election to determine a representative for the pur-
2 poses of collective bargaining.
3 NATIONAL MEDIATION BOARD
4 SALARIES AND EXPENSES
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991
1 equal amounts on the first day of each month in the fiscal
2 year.
3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
4 ACCOUNTS
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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
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993
1 vided further, That not more than $47,000,000 shall be
2 available for research and demonstrations under sections
3 1110, 1115, and 1144 of the Social Security Act and re-
4 main available through September 30, 2015.
5 For making, after June 15 of the current fiscal year,
6 benefit payments to individuals under title XVI of the So-
7 cial Security Act, for unanticipated costs incurred for the
8 current fiscal year, such sums as may be necessary.
9 For making benefit payments under title XVI of the
10 Social Security Act for the first quarter of fiscal year
11 2015, $19,700,000,000, to remain available until ex-
12 pended.
13 LIMITATION ON ADMINISTRATIVE EXPENSES
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994
1 and telecommunications hardware and software infra-
2 structure, including related equipment and non-payroll ad-
3 ministrative expenses associated solely with this informa-
4 tion technology and telecommunications infrastructure:
5 Provided further, That the Commissioner of Social Secu-
6 rity shall notify the Committees on Appropriations of the
7 House of Representatives and the Senate prior to making
8 unobligated balances available under the authority in the
9 previous proviso: Provided further, That reimbursement to
10 the trust funds under this heading for expenditures for
11 official time for employees of the Social Security Adminis-
12 tration pursuant to 5 U.S.C. 7131, and for facilities or
13 support services for labor organizations pursuant to poli-
14 cies, regulations, or procedures referred to in section
15 7135(b) of such title shall be made by the Secretary of
16 the Treasury, with interest, from amounts in the general
17 fund not otherwise appropriated, as soon as possible after
18 such expenditures are made.
19 In addition, for the costs associated with continuing
20 disability reviews under titles II and XVI of the Social
21 Security Act and for the cost associated with conducting
22 redeterminations of eligibility under title XVI of the Social
23 Security Act, $1,197,000,000 may be expended, as au-
24 thorized by section 201(g)(1) of the Social Security Act,
25 from any one or all of the trust funds referred to therein:
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995
1 Provided, That, of such amount, $273,000,000 is provided
2 to meet the terms of section 251(b)(2)(B)(ii)(III) of the
3 Balanced Budget and Emergency Deficit Control Act of
4 1985, as amended, and $924,000,000 is additional new
5 budget authority specified for purposes of section
6 251(b)(2)(B) of such Act: Provided further, That the Com-
7 missioner shall provide to the Congress (at the conclusion
8 of the fiscal year) a report on the obligation and expendi-
9 ture of these funds, similar to the reports that were re-
10 quired by section 103(d)(2) of Public Law 104–121 for
11 fiscal years 1996 through 2002.
12 In addition, $171,000,000 to be derived from admin-
13 istration fees in excess of $5.00 per supplementary pay-
14 ment collected pursuant to section 1616(d) of the Social
15 Security Act or section 212(b)(3) of Public Law 93–66,
16 which shall remain available until expended. To the extent
17 that the amounts collected pursuant to such sections in
18 fiscal year 2014 exceed $171,000,000, the amounts shall
19 be available in fiscal year 2015 only to the extent provided
20 in advance in appropriations Acts.
21 In addition, up to $1,000,000 to be derived from fees
22 collected pursuant to section 303(c) of the Social Security
23 Protection Act, which shall remain available until ex-
24 pended.
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1 OFFICE OF INSPECTOR GENERAL
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1 TITLE V
2 GENERAL PROVISIONS
3 (TRANSFER OF FUNDS)
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998
1 lation, administrative action, or order issued by the execu-
2 tive branch of any State or local government, except in
3 presentation to the executive branch of any State or local
4 government itself.
5 (b) No part of any appropriation contained in this
6 Act or transferred pursuant to section 4002 of Public Law
7 111–148 shall be used to pay the salary or expenses of
8 any grant or contract recipient, or agent acting for such
9 recipient, related to any activity designed to influence the
10 enactment of legislation, appropriations, regulation, ad-
11 ministrative action, or Executive order proposed or pend-
12 ing before the Congress or any State government, State
13 legislature or local legislature or legislative body, other
14 than for normal and recognized executive-legislative rela-
15 tionships or participation by an agency or officer of a
16 State, local or tribal government in policymaking and ad-
17 ministrative processes within the executive branch of that
18 government.
19 (c) The prohibitions in subsections (a) and (b) shall
20 include any activity to advocate or promote any proposed,
21 pending or future Federal, State or local tax increase, or
22 any proposed, pending, or future requirement or restric-
23 tion on any legal consumer product, including its sale or
24 marketing, including but not limited to the advocacy or
25 promotion of gun control.
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1 SEC. 504. The Secretaries of Labor and Education
2 are authorized to make available not to exceed $28,000
3 and $20,000, respectively, from funds available for sala-
4 ries and expenses under titles I and III, respectively, for
5 official reception and representation expenses; the Direc-
6 tor of the Federal Mediation and Conciliation Service is
7 authorized to make available for official reception and rep-
8 resentation expenses not to exceed $5,000 from the funds
9 available for ‘‘Federal Mediation and Conciliation Service,
10 Salaries and Expenses’’; and the Chairman of the Na-
11 tional Mediation Board is authorized to make available for
12 official reception and representation expenses not to ex-
13 ceed $5,000 from funds available for ‘‘National Mediation
14 Board, Salaries and Expenses’’.
15 SEC. 505. When issuing statements, press releases,
16 requests for proposals, bid solicitations and other docu-
17 ments describing projects or programs funded in whole or
18 in part with Federal money, all grantees receiving Federal
19 funds included in this Act, including but not limited to
20 State and local governments and recipients of Federal re-
21 search grants, shall clearly state—
22 (1) the percentage of the total costs of the pro-
23 gram or project which will be financed with Federal
24 money;
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1 (2) the dollar amount of Federal funds for the
2 project or program; and
3 (3) percentage and dollar amount of the total
4 costs of the project or program that will be financed
5 by non-governmental sources.
6 SEC. 506. (a) None of the funds appropriated in this
7 Act, and none of the funds in any trust fund to which
8 funds are appropriated in this Act, shall be expended for
9 any abortion.
10 (b) None of the funds appropriated in this Act, and
11 none of the funds in any trust fund to which funds are
12 appropriated in this Act, shall be expended for health ben-
13 efits coverage that includes coverage of abortion.
14 (c) The term ‘‘health benefits coverage’’ means the
15 package of services covered by a managed care provider
16 or organization pursuant to a contract or other arrange-
17 ment.
18 SEC. 507. (a) The limitations established in the pre-
19 ceding section shall not apply to an abortion—
20 (1) if the pregnancy is the result of an act of
21 rape or incest; or
22 (2) in the case where a woman suffers from a
23 physical disorder, physical injury, or physical illness,
24 including a life-endangering physical condition
25 caused by or arising from the pregnancy itself, that
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1 would, as certified by a physician, place the woman
2 in danger of death unless an abortion is performed.
3 (b) Nothing in the preceding section shall be con-
4 strued as prohibiting the expenditure by a State, locality,
5 entity, or private person of State, local, or private funds
6 (other than a State’s or locality’s contribution of Medicaid
7 matching funds).
8 (c) Nothing in the preceding section shall be con-
9 strued as restricting the ability of any managed care pro-
10 vider from offering abortion coverage or the ability of a
11 State or locality to contract separately with such a pro-
12 vider for such coverage with State funds (other than a
13 State’s or locality’s contribution of Medicaid matching
14 funds).
15 (d)(1) None of the funds made available in this Act
16 may be made available to a Federal agency or program,
17 or to a State or local government, if such agency, program,
18 or government subjects any institutional or individual
19 health care entity to discrimination on the basis that the
20 health care entity does not provide, pay for, provide cov-
21 erage of, or refer for abortions.
22 (2) In this subsection, the term ‘‘health care entity’’
23 includes an individual physician or other health care pro-
24 fessional, a hospital, a provider-sponsored organization, a
25 health maintenance organization, a health insurance plan,
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1 or any other kind of health care facility, organization, or
2 plan.
3 SEC. 508. (a) None of the funds made available in
4 this Act may be used for—
5 (1) the creation of a human embryo or embryos
6 for research purposes; or
7 (2) research in which a human embryo or em-
8 bryos are destroyed, discarded, or knowingly sub-
9 jected to risk of injury or death greater than that
10 allowed for research on fetuses in utero under 45
11 CFR 46.204(b) and section 498(b) of the Public
12 Health Service Act (42 U.S.C. 289g(b)).
13 (b) For purposes of this section, the term ‘‘human
14 embryo or embryos’’ includes any organism, not protected
15 as a human subject under 45 CFR 46 as of the date of
16 the enactment of this Act, that is derived by fertilization,
17 parthenogenesis, cloning, or any other means from one or
18 more human gametes or human diploid cells.
19 SEC. 509. (a) None of the funds made available in
20 this Act may be used for any activity that promotes the
21 legalization of any drug or other substance included in
22 schedule I of the schedules of controlled substances estab-
23 lished under section 202 of the Controlled Substances Act
24 except for normal and recognized executive-congressional
25 communications.
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1 (b) The limitation in subsection (a) shall not apply
2 when there is significant medical evidence of a therapeutic
3 advantage to the use of such drug or other substance or
4 that federally sponsored clinical trials are being conducted
5 to determine therapeutic advantage.
6 SEC. 510. None of the funds made available in this
7 Act may be used to promulgate or adopt any final stand-
8 ard under section 1173(b) of the Social Security Act pro-
9 viding for, or providing for the assignment of, a unique
10 health identifier for an individual (except in an individ-
11 ual’s capacity as an employer or a health care provider),
12 until legislation is enacted specifically approving the
13 standard.
14 SEC. 511. None of the funds made available in this
15 Act may be obligated or expended to enter into or renew
16 a contract with an entity if—
17 (1) such entity is otherwise a contractor with
18 the United States and is subject to the requirement
19 in 38 U.S.C. 4212(d) regarding submission of an
20 annual report to the Secretary of Labor concerning
21 employment of certain veterans; and
22 (2) such entity has not submitted a report as
23 required by that section for the most recent year for
24 which such requirement was applicable to such enti-
25 ty.
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1 SEC. 512. None of the funds made available in this
2 Act may be transferred to any department, agency, or in-
3 strumentality of the United States Government, except
4 pursuant to a transfer made by, or transfer authority pro-
5 vided in, this Act or any other appropriation Act.
6 SEC. 513. None of the funds made available by this
7 Act to carry out the Library Services and Technology Act
8 may be made available to any library covered by para-
9 graph (1) of section 224(f) of such Act, as amended by
10 the Children’s Internet Protection Act, unless such library
11 has made the certifications required by paragraph (4) of
12 such section.
13 SEC. 514. (a) None of the funds provided under this
14 Act, or provided under previous appropriations Acts to the
15 agencies funded by this Act that remain available for obli-
16 gation or expenditure in fiscal year 2014, or provided from
17 any accounts in the Treasury of the United States derived
18 by the collection of fees available to the agencies funded
19 by this Act, shall be available for obligation or expenditure
20 through a reprogramming of funds that—
21 (1) creates new programs;
22 (2) eliminates a program, project, or activity;
23 (3) increases funds or personnel by any means
24 for any project or activity for which funds have been
25 denied or restricted;
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1 (4) relocates an office or employees;
2 (5) reorganizes or renames offices;
3 (6) reorganizes programs or activities; or
4 (7) contracts out or privatizes any functions or
5 activities presently performed by Federal employees;
6 unless the Committees on Appropriations of the House of
7 Representatives and the Senate are consulted 15 days in
8 advance of such reprogramming or of an announcement
9 of intent relating to such reprogramming, whichever oc-
10 curs earlier, and are notified in writing 10 days in advance
11 of such reprogramming.
12 (b) None of the funds provided under this Act, or
13 provided under previous appropriations Acts to the agen-
14 cies funded by this Act that remain available for obligation
15 or expenditure in fiscal year 2014, or provided from any
16 accounts in the Treasury of the United States derived by
17 the collection of fees available to the agencies funded by
18 this Act, shall be available for obligation or expenditure
19 through a reprogramming of funds in excess of $500,000
20 or 10 percent, whichever is less, that—
21 (1) augments existing programs, projects (in-
22 cluding construction projects), or activities;
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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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;
5 unless the Committees on Appropriations of the House of
6 Representatives and the Senate are consulted 15 days in
7 advance of such reprogramming or of an announcement
8 of intent relating to such reprogramming, whichever oc-
9 curs earlier, and are notified in writing 10 days in advance
10 of such reprogramming.
11 SEC. 515. (a) None of the funds made available in
12 this Act may be used to request that a candidate for ap-
13 pointment to a Federal scientific advisory committee dis-
14 close the political affiliation or voting history of the can-
15 didate or the position that the candidate holds with re-
16 spect to political issues not directly related to and nec-
17 essary for the work of the committee involved.
18 (b) None of the funds made available in this Act may
19 be used to disseminate information that is deliberately
20 false or misleading.
21 SEC. 516. Within 45 days of enactment of this Act,
22 each department and related agency funded through this
23 Act shall submit an operating plan that details at the pro-
24 gram, project, and activity level any funding allocations
25 for fiscal year 2014 that are different than those specified
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1007
1 in this Act, the accompanying detailed table in the explan-
2 atory statement described in section 4 (in the matter pre-
3 ceding division A of this consolidated Act) accompanying
4 this Act, or the fiscal year 2014 budget request.
5 SEC. 517. The Secretaries of Labor, Health and
6 Human Services, and Education shall each prepare and
7 submit to the Committees on Appropriations of the House
8 of Representatives and the Senate a report on the number
9 and amount of contracts, grants, and cooperative agree-
10 ments exceeding $500,000 in value and awarded by the
11 Department on a non-competitive basis during each quar-
12 ter of fiscal year 2014, but not to include grants awarded
13 on a formula basis or directed by law. Such report shall
14 include the name of the contractor or grantee, the amount
15 of funding, the governmental purpose, including a jus-
16 tification for issuing the award on a non-competitive basis.
17 Such report shall be transmitted to the Committees within
18 30 days after the end of the quarter for which the report
19 is submitted.
20 SEC. 518. None of the funds appropriated or other-
21 wise made available by this Act may be used to enter into
22 a contract in an amount greater than $5,000,000 or to
23 award a grant in excess of such amount unless the pro-
24 spective contractor or grantee certifies in writing to the
25 agency awarding the contract or grant that, to the best
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1008
1 of its knowledge and belief, the contractor or grantee has
2 filed all Federal tax returns required during the 3 years
3 preceding the certification, has not been convicted of a
4 criminal offense under the Internal Revenue Code of 1986,
5 and has not, more than 90 days prior to certification, been
6 notified of any unpaid Federal tax assessment for which
7 the liability remains unsatisfied, unless the assessment is
8 the subject of an installment agreement or offer in com-
9 promise that has been approved by the Internal Revenue
10 Service and is not in default, or the assessment is the sub-
11 ject of a non-frivolous administrative or judicial pro-
12 ceeding.
13 SEC. 519. None of the funds appropriated in this Act
14 shall be expended or obligated by the Commissioner of So-
15 cial Security, for purposes of administering Social Security
16 benefit payments under title II of the Social Security Act,
17 to process any claim for credit for a quarter of coverage
18 based on work performed under a social security account
19 number that is not the claimant’s number and the per-
20 formance of such work under such number has formed the
21 basis for a conviction of the claimant of a violation of sec-
22 tion 208(a)(6) or (7) of the Social Security Act.
23 SEC. 520. None of the funds appropriated by this Act
24 may be used by the Commissioner of Social Security or
25 the Social Security Administration to pay the compensa-
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1 tion of employees of the Social Security Administration
2 to administer Social Security benefit payments, under any
3 agreement between the United States and Mexico estab-
4 lishing totalization arrangements between the social secu-
5 rity system established by title II of the Social Security
6 Act and the social security system of Mexico, which would
7 not otherwise be payable but for such agreement.
8 (RESCISSION)
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1 priations of the House of Representatives and Senate a
2 quarterly report on the status of balances of appropria-
3 tions: Provided, That for balances that are unobligated
4 and uncommitted, committed, and obligated but unex-
5 pended, the quarterly reports shall separately identify the
6 amounts attributable to each source year of appropriation
7 (beginning with fiscal year 2012, or, to the extent feasible,
8 earlier fiscal years) from which balances were derived.
9 (INCLUDING TRANSFER OF FUNDS)
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1011
1 ices and the Secretary of Education shall carry out the
2 transfer of the HEAL program described in subsection
3 (a), including the transfer of the functions, assets, and
4 liabilities specified in subsection (b), in the manner that
5 they determine is most appropriate.
6 (d) USE OF AUTHORITIES UNDER HEA OF 1965.—
7 In servicing, collecting, and enforcing the loans described
8 in subsection (a), the Secretary of Education shall have
9 available any and all authorities available to such Sec-
10 retary in servicing, collecting, or enforcing a loan made,
11 insured, or guaranteed under part B of title IV of the
12 HEA of 1965.
13 (e) CONFORMING AMENDMENTS.—Effective as of the
14 date on which the transfer of the HEAL program under
15 subsection (a) takes effect, section 719 of the PHS Act
16 is amended by adding at the end the following new para-
17 graph:
18 ‘‘(6) The term ‘Secretary’ means the Secretary
19 of Education.’’.
20 (INCLUDING TRANSFER OF FUNDS)
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1 viding services at the State, regional, or local level
2 that—
3 (A) involve two or more Federal programs
4 (administered by one or more Federal agen-
5 cies)—
6 (i) which have related policy goals,
7 and
8 (ii) at least one of which is adminis-
9 tered (in whole or in part) by a State,
10 local, or tribal government; and
11 (B) achieve better results for regions, com-
12 munities, or specific at-risk populations through
13 making better use of the budgetary resources
14 that are available for supporting such pro-
15 grams.
16 (2) ‘‘To improve outcomes for disconnected
17 youth’’ means to increase the rate at which individ-
18 uals between the ages of 14 and 24 (who are low-
19 income and either homeless, in foster care, involved
20 in the juvenile justice system, unemployed, or not
21 enrolled in or at risk of dropping out of an edu-
22 cational institution) achieve success in meeting edu-
23 cational, employment, or other key goals.
24 (3) The ‘‘lead Federal administering agency’’ is
25 the Federal agency, to be designated by the Director
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1 of the Office of Management and Budget (from
2 among the participating Federal agencies that have
3 statutory responsibility for the Federal discretionary
4 funds that will be used in a Performance Partner-
5 ship Pilot), that will enter into and administer the
6 particular Performance Partnership Agreement on
7 behalf of that agency and the other participating
8 Federal agencies.
9 (b) USE OF DISCRETIONARY FUNDS IN FISCAL YEAR
10 2014.—Federal agencies may use Federal discretionary
11 funds that are made available in this Act to carry out up
12 to 10 Performance Partnership Pilots. Such Pilots shall:
13 (1) be designed to improve outcomes for discon-
14 nected youth, and
15 (2) involve Federal programs targeted on dis-
16 connected youth, or designed to prevent youth from
17 disconnecting from school or work, that provide edu-
18 cation, training, employment, and other related so-
19 cial services.
20 (c) PERFORMANCE PARTNERSHIP AGREEMENTS.—
21 Federal agencies may use Federal discretionary funds, as
22 authorized in subsection (b), to participate in a Perform-
23 ance Partnership Pilot only in accordance with the terms
24 of a Performance Partnership Agreement that—
25 (1) is entered into between—
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1 (A) the head of the lead Federal admin-
2 istering agency, on behalf of all of the partici-
3 pating Federal agencies (subject to the head of
4 the lead Federal administering agency having
5 received from the heads of each of the other
6 participating agencies their written concurrence
7 for entering into the Agreement), and
8 (B) the respective representatives of all of
9 the State, local, or tribal governments that are
10 participating in the Agreement; and
11 (2) specifies, at a minimum, the following infor-
12 mation:
13 (A) the length of the Agreement (which
14 shall not extend beyond September 30, 2018);
15 (B) the Federal programs and federally
16 funded services that are involved in the Pilot;
17 (C) the Federal discretionary funds that
18 are being used in the Pilot (by the respective
19 Federal account identifier, and the total
20 amount from such account that is being used in
21 the Pilot), and the period (or periods) of avail-
22 ability for obligation (by the Federal Govern-
23 ment) of such funds;
24 (D) the non-Federal funds that are in-
25 volved in the Pilot, by source (which may in-
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1015
1 clude private funds as well as governmental
2 funds) and by amount;
3 (E) the State, local, or tribal programs
4 that are involved in the Pilot;
5 (F) the populations to be served by the
6 Pilot;
7 (G) the cost-effective Federal oversight
8 procedures that will be used for the purpose of
9 maintaining the necessary level of account-
10 ability for the use of the Federal discretionary
11 funds;
12 (H) the cost-effective State, local, or tribal
13 oversight procedures that will be used for the
14 purpose of maintaining the necessary level of
15 accountability for the use of the Federal discre-
16 tionary funds;
17 (I) the outcome (or outcomes) that the
18 Pilot is designed to achieve;
19 (J) the appropriate, reliable, and objective
20 outcome-measurement methodology that the
21 Federal Government and the participating
22 State, local, or tribal governments will use, in
23 carrying out the Pilot, to determine whether the
24 Pilot is achieving, and has achieved, the speci-
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1 fied outcomes that the Pilot is designed to
2 achieve;
3 (K) the statutory, regulatory, or adminis-
4 trative requirements related to Federal manda-
5 tory programs that are barriers to achieving im-
6 proved outcomes of the Pilot; and
7 (L) in cases where, during the course of
8 the Pilot, it is determined that the Pilot is not
9 achieving the specified outcomes that it is de-
10 signed to achieve,
11 (i) the consequences that will result
12 from such deficiencies with respect to the
13 Federal discretionary funds that are being
14 used in the Pilot, and
15 (ii) the corrective actions that will be
16 taken in order to increase the likelihood
17 that the Pilot, upon completion, will have
18 achieved such specified outcomes.
19 (d) AGENCY HEAD DETERMINATIONS.—A Federal
20 agency may participate in a Performance Partnership
21 Pilot (including by providing Federal discretionary funds
22 that have been appropriated to such agency) only upon
23 the written determination by the head of such agency that
24 the agency’s participation in such Pilot—
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1017
1 (1) will not result in denying or restricting the
2 eligibility of any individual for any of the services
3 that (in whole or in part) are funded by the agency’s
4 programs and Federal discretionary funds that are
5 involved in the Pilot, and
6 (2) based on the best available information, will
7 not otherwise adversely affect vulnerable populations
8 that are the recipients of such services.
9 In making this determination, the head of the agency may
10 take into consideration the other Federal discretionary
11 funds that will be used in the Pilot as well as any non-
12 Federal funds (including from private sources as well as
13 governmental sources) that will be used in the Pilot.
14 (e) TRANSFER AUTHORITY.—For the purpose of car-
15 rying out the Pilot in accordance with the Performance
16 Partnership Agreement, and subject to the written ap-
17 proval of the Director of the Office of Management and
18 Budget, the head of each participating Federal agency
19 may transfer Federal discretionary funds that are being
20 used in the Pilot to an account of the lead Federal admin-
21 istering agency that includes Federal discretionary funds
22 that are being used in the Pilot. Subject to the waiver
23 authority under subsection (f), such transferred funds
24 shall remain available for the same purposes for which
25 such funds were originally appropriated: Provided, That
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1018
1 such transferred funds shall remain available for obliga-
2 tion by the Federal Government until the expiration of the
3 period of availability for those Federal discretionary funds
4 (which are being used in the Pilot) that have the longest
5 period of availability, except that any such transferred
6 funds shall not remain available beyond September 30,
7 2018.
8 (f) WAIVER AUTHORITY.—In connection with a Fed-
9 eral agency’s participation in a Performance Partnership
10 Pilot, and subject to the other provisions of this section
11 (including subsection (e)), the head of the Federal agency
12 to which the Federal discretionary funds were appro-
13 priated may waive (in whole or in part) the application,
14 solely to such discretionary funds that are being used in
15 the Pilot, of any statutory, regulatory, or administrative
16 requirement that such agency head—
17 (1) is otherwise authorized to waive (in accord-
18 ance with the terms and conditions of such other au-
19 thority), and
20 (2) is not otherwise authorized to waive, pro-
21 vided that in such case the agency head shall—
22 (A) not waive any requirement related to
23 nondiscrimination, wage and labor standards,
24 or allocation of funds to State and substate lev-
25 els;
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1019
1 (B) issue a written determination, prior to
2 granting the waiver, with respect to such discre-
3 tionary funds that the granting of such waiver
4 for purposes of the Pilot—
5 (i) is consistent with both—
6 (I) the statutory purposes of the
7 Federal program for which such dis-
8 cretionary funds were appropriated,
9 and
10 (II) the other provisions of this
11 section, including the written deter-
12 mination by the agency head issued
13 under subsection (d);
14 (ii) is necessary to achieve the out-
15 comes of the Pilot as specified in the Per-
16 formance Partnership Agreement, and is
17 no broader in scope than is necessary to
18 achieve such outcomes; and
19 (iii) will result in either—
20 (I) realizing efficiencies by sim-
21 plifying reporting burdens or reducing
22 administrative barriers with respect to
23 such discretionary funds, or
24 (II) increasing the ability of indi-
25 viduals to obtain access to services
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1020
1 that are provided by such discre-
2 tionary funds; and
3 (C) provide at least 60 days advance writ-
4 ten notice to the Committees on Appropriations
5 and other committees of jurisdiction in the
6 House of Representatives and the Senate.
7 SEC. 527. Each Federal agency, or in the case of an
8 agency with multiple bureaus, each bureau (or operating
9 division) funded under this Act that has research and de-
10 velopment expenditures in excess of $100,000,000 per
11 year shall develop a Federal research public access policy
12 that provides for—
13 (1) the submission to the agency, agency bu-
14 reau, or designated entity acting on behalf of the
15 agency, a machine-readable version of the author’s
16 final peer-reviewed manuscripts that have been ac-
17 cepted for publication in peer-reviewed journals de-
18 scribing research supported, in whole or in part,
19 from funding by the Federal Government;
20 (2) free online public access to such final peer-
21 reviewed manuscripts or published versions not later
22 than 12 months after the official date of publication;
23 and
24 (3) compliance with all relevant copyright laws.
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1021
1 SEC. 528. (a) None of the funds made available in
2 this Act may be used to maintain or establish a computer
3 network unless such network blocks the viewing,
4 downloading, and exchanging of pornography.
5 (b) Nothing in subsection (a) shall limit the use of
6 funds necessary for any Federal, State, tribal, or local law
7 enforcement agency or any other entity carrying out crimi-
8 nal investigations, prosecution, or adjudication activities.
9 This division may be cited as the ‘‘Departments of
10 Labor, Health and Human Services, and Education, and
11 Related Agencies Appropriations Act, 2014’’.
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1022
1 DIVISION I—LEGISLATIVE BRANCH
2 APPROPRIATIONS ACT, 2014
3 TITLE I
4 LEGISLATIVE BRANCH
5 SENATE
6 EXPENSE ALLOWANCES
7 For expense allowances of the Vice President,
8 $18,760; the President Pro Tempore of the Senate,
9 $37,520; Majority Leader of the Senate, $39,920; Minor-
10 ity Leader of the Senate, $39,920; Majority Whip of the
11 Senate, $9,980; Minority Whip of the Senate, $9,980;
12 Chairmen of the Majority and Minority Conference Com-
13 mittees, $4,690 for each Chairman; and Chairmen of the
14 Majority and Minority Policy Committees, $4,690 for each
15 Chairman; in all, $174,840.
16 REPRESENTATION ALLOWANCES FOR THE MAJORITY
17 AND MINORITY LEADERS
18 For representation allowances of the Majority and
19 Minority Leaders of the Senate, $14,070 for each such
20 Leader; in all, $28,140.
21 SALARIES, OFFICERS AND EMPLOYEES
22 For compensation of officers, employees, and others
23 as authorized by law, including agency contributions,
24 $175,950,812, which shall be paid from this appropriation
25 without regard to the following limitations:
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1023
1 OFFICE OF THE VICE PRESIDENT
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1024
1 POLICY COMMITTEES
13 MINORITY
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1025
1 EXPENSE ALLOWANCES OF THE SECRETARY OF THE
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1026
1 SECRETARY OF THE SENATE
13 ACCOUNT
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1027
1 the Employees’ Compensation Fund required by section
2 8147(b) of title 5, United States Code.
3 (b) EFFECTIVE DATE.—This section shall apply with
4 respect to appropriations for fiscal year 2014, and each
5 fiscal year thereafter.
6 HOUSE OF REPRESENTATIVES
7 PAYMENT TO WIDOWS AND HEIRS OF DECEASED
8 MEMBERS OF CONGRESS
9 For payment to Beverly A. Young, widow of C.W.
10 Bill Young, late a Representative from the State of Flor-
11 ida, $174,000.
12 SALARIES AND EXPENSES
13 For salaries and expenses of the House of Represent-
14 atives, $1,180,736,000, as follows:
15 HOUSE LEADERSHIP OFFICES
16 For salaries and expenses, as authorized by law,
17 $22,278,891, including: Office of the Speaker,
18 $6,645,417, including $25,000 for official expenses of the
19 Speaker; Office of the Majority Floor Leader, $2,180,048,
20 including $10,000 for official expenses of the Majority
21 Leader; Office of the Minority Floor Leader, $7,114,471,
22 including $10,000 for official expenses of the Minority
23 Leader; Office of the Majority Whip, including the Chief
24 Deputy Majority Whip, $1,886,632, including $5,000 for
25 official expenses of the Majority Whip; Office of the Mi-
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1028
1 nority Whip, including the Chief Deputy Minority Whip,
2 $1,459,639, including $5,000 for official expenses of the
3 Minority Whip; Republican Conference, $1,505,426;
4 Democratic Caucus, $1,487,258: Provided, That such
5 amount for salaries and expenses shall remain available
6 from January 3, 2014 until January 2, 2015.
7 MEMBERS’ REPRESENTATIONAL ALLOWANCES
8 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL
9 EXPENSES OF MEMBERS, AND OFFICIAL MAIL
10 For Members’ representational allowances, including
11 Members’ clerk hire, official expenses, and official mail,
12 $554,317,732.
13 COMMITTEE EMPLOYEES
14 STANDING COMMITTEES, SPECIAL AND SELECT
15 For salaries and expenses of standing committees,
16 special and select, authorized by House resolutions,
17 $123,903,173: Provided, That such amount shall remain
18 available for such salaries and expenses until December
19 31, 2014, except that $2,300,000 of such amount shall
20 remain available until expended for committee room up-
21 grading.
22 COMMITTEE ON APPROPRIATIONS
23 For salaries and expenses of the Committee on Ap-
24 propriations, $23,271,004, including studies and examina-
25 tions of executive agencies and temporary personal serv-
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1029
1 ices for such committee, to be expended in accordance with
2 section 202(b) of the Legislative Reorganization Act of
3 1946 and to be available for reimbursement to agencies
4 for services performed: Provided, That such amount shall
5 remain available for such salaries and expenses until De-
6 cember 31, 2014.
7 SALARIES, OFFICERS AND EMPLOYEES
8 For compensation and expenses of officers and em-
9 ployees, as authorized by law, $172,654,864, including:
10 for salaries and expenses of the Office of the Clerk, includ-
11 ing the positions of the Chaplain and the Historian, in-
12 cluding not more than $25,000, of which not more than
13 $20,000 is for the Family Room and not more than
14 $2,000 is for the Office of the Chaplain, for official rep-
15 resentation and reception expenses, $24,009,473; for sala-
16 ries and expenses of the Office of the Sergeant at Arms,
17 including the position of Superintendent of Garages and
18 the Office of Emergency Management, and including not
19 more than $3,000 for official representation and reception
20 expenses, $14,776,729, of which $7,063,000 shall remain
21 available until expended; for salaries and expenses of the
22 Office of the Chief Administrative Officer including not
23 more than $3,000 for official representation and reception
24 expenses, $113,100,000, of which $6,200,000 shall remain
25 available until expended; for salaries and expenses of the
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1030
1 Office of the Inspector General, $4,741,809; for salaries
2 and expenses of the Office of General Counsel,
3 $1,340,987; for salaries and expenses of the Office of the
4 Parliamentarian, including the Parliamentarian, $2,000
5 for preparing the Digest of Rules, and not more than
6 $1,000 for official representation and reception expenses,
7 $1,952,249; for salaries and expenses of the Office of the
8 Law Revision Counsel of the House, $3,087,587; for sala-
9 ries and expenses of the Office of the Legislative Counsel
10 of the House, $8,352,975; for salaries and expenses of the
11 Office of Interparliamentary Affairs, $814,069; and for
12 other authorized employees, $478,986.
13 ALLOWANCES AND EXPENSES
14 For allowances and expenses as authorized by House
15 resolution or law, $284,310,336, including: supplies, mate-
16 rials, administrative costs and Federal tort claims,
17 $3,502,789; official mail for committees, leadership of-
18 fices, and administrative offices of the House, $190,486;
19 Government contributions for health, retirement, Social
20 Security, and other applicable employee benefits,
21 $258,081,289, to remain available until March 31, 2015;
22 Business Continuity and Disaster Recovery, $16,217,008,
23 of which $5,000,000 shall remain available until expended;
24 transition activities for new Members and staff
25 $1,631,487 to remain available until expended; Wounded
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1031
1 Warrior Program $2,500,000, to remain available until
2 expended; Office of Congressional Ethics, $1,467,030; and
3 miscellaneous items including purchase, exchange, mainte-
4 nance, repair and operation of House motor vehicles,
5 interparliamentary receptions, and gratuities to heirs of
6 deceased employees of the House, $720,247.
7 ADMINISTRATIVE PROVISIONS
8 SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN
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1032
1 (c) DEFINITION.—As used in this section, the term
2 ‘‘Member of the House of Representatives’’ means a Rep-
3 resentative in, or a Delegate or Resident Commissioner
4 to, the Congress.
5 SEC. 102. (a) Section 109(a) of the Legislative
6 Branch Appropriations Act, 1998 (2 U.S.C. 95d(a)) is
7 amended by striking the period at the end and inserting
8 the following: ‘‘, and for reimbursing the Secretary of
9 Labor for any amounts paid with respect to unemployment
10 compensation payments for former employees of the
11 House.’’.
12 (b) The amendment made by subsection (a) shall
13 apply with respect to fiscal year 2014 and each succeeding
14 fiscal year.
15 SEC. 103. (a) Section 101(c)(2) of the Legislative
16 Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)(2)) is
17 amended by striking ‘‘and ‘Allowances and Expenses’ ’’
18 and inserting the following: ‘‘ ‘Allowances and Expenses’,
19 the heading for any joint committee under the heading
20 ‘Joint Items’ (to the extent that amounts appropriated for
21 the joint committee are disbursed by the Chief Adminis-
22 trative Officer of the House of Representatives), and ‘Of-
23 fice of the Attending Physician’ ’’.
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1033
1 (b) The amendment made by subsection (a) shall
2 apply with respect to fiscal year 2014 and each succeeding
3 fiscal year.
4 JOINT ITEMS
5 For Joint Committees, as follows:
6 JOINT ECONOMIC COMMITTEE
7 For salaries and expenses of the Joint Economic
8 Committee, $4,203,000, to be disbursed by the Secretary
9 of the Senate.
10 JOINT COMMITTEE ON TAXATION
11 For salaries and expenses of the Joint Committee on
12 Taxation, $10,004,000, to be disbursed by the Chief Ad-
13 ministrative Officer of the House of Representatives.
14 For other joint items, as follows:
15 OFFICE OF THE ATTENDING PHYSICIAN
16 For medical supplies, equipment, and contingent ex-
17 penses of the emergency rooms, and for the Attending
18 Physician and his assistants, including:
19 (1) an allowance of $2,175 per month to the
20 Attending Physician;
21 (2) an allowance of $1,300 per month to the
22 Senior Medical Officer;
23 (3) an allowance of $725 per month each to
24 three medical officers while on duty in the Office of
25 the Attending Physician;
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1034
1 (4) an allowance of $725 per month to 2 assist-
2 ants and $580 per month each not to exceed 11 as-
3 sistants on the basis heretofore provided for such as-
4 sistants; and
5 (5) $2,625,000 for reimbursement to the De-
6 partment of the Navy for expenses incurred for staff
7 and equipment assigned to the Office of the Attend-
8 ing Physician, which shall be advanced and credited
9 to the applicable appropriation or appropriations
10 from which such salaries, allowances, and other ex-
11 penses are payable and shall be available for all the
12 purposes thereof, $3,400,000, to be disbursed by the
13 Chief Administrative Officer of the House of Rep-
14 resentatives.
15 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES
16 SALARIES AND EXPENSES
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1035
1 benefits, $279,000,000, of which overtime shall not exceed
2 $22,802,195 unless the Committees on Appropriations of
3 the House and Senate are notified, to be disbursed by the
4 Chief of the Capitol Police or his designee.
5 GENERAL EXPENSES
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1036
1 ADMINISTRATIVE PROVISIONS
2 (INCLUDING TRANSFER OF FUNDS)
12 PAYMENTS
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1037
1 OFFICE OF COMPLIANCE
2 SALARIES AND EXPENSES
3 For salaries and expenses of the Office of Compli-
4 ance, as authorized by section 305 of the Congressional
5 Accountability Act of 1995 (2 U.S.C. 1385), $3,868,000,
6 of which $780,000 shall remain available until September
7 30, 2015: Provided, That not more than $500 may be ex-
8 pended on the certification of the Executive Director of
9 the Office of Compliance in connection with official rep-
10 resentation and reception expenses.
11 ADMINISTRATIVE PROVISIONS
12 SEC. 1101. (a) The second sentence of section 415(a)
13 of the Congressional Accountability Act of 1995 (2 U.S.C.
14 1415(a)) is amended to read as follows: ‘‘There are appro-
15 priated for such account such sums as may be necessary
16 to pay such awards and settlements.’’.
17 (b) The amendment made by subsection (a) shall
18 apply with respect to fiscal year 2014 and each succeeding
19 fiscal year.
20 SEMIANNUAL REPORT OF DISBURSEMENTS
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1038
1 on Rules and Administration of the Senate, and the Com-
2 mittees on Appropriations of the House of Representatives
3 and Senate, with respect to that period, a detailed,
4 itemized report of the disbursements for the operations of
5 the Office of Compliance.
6 (b) CONTENTS.—
7 (1) IN GENERAL.—The report required by sub-
8 section (a) shall include—
9 (A) the identification of each person who
10 receives a payment from the Office of Compli-
11 ance, except that in the case of an individual,
12 the identification shall be provided in a manner
13 that does not identify the individual by name;
14 (B) the quantity and price of any item fur-
15 nished to the Office of Compliance;
16 (C) a description of any service rendered to
17 the Office of Compliance, together with a state-
18 ment of the time required for the service, and
19 the name, title, and amount paid to each person
20 who renders the service;
21 (D) a statement of all amounts appro-
22 priated to, or received or expended by, the Of-
23 fice of Compliance and any unexpended bal-
24 ances of such amounts; and
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1039
1 (E) such additional information as may be
2 required by regulation of the Committee on
3 House Administration of the House of Rep-
4 resentatives, the Committee on Rules and Ad-
5 ministration of the Senate, or the Committees
6 on Appropriations of the House of Representa-
7 tives or Senate.
8 (2) EXCEPTION FOR CONFIDENTIAL INFORMA-
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1040
1 ADMINISTRATIVE PROVISION
2 ACCEPTANCE OF VOLUNTARY STUDENT SERVICES
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1041
1 ARCHITECT OF THE CAPITOL
2 GENERAL ADMINISTRATION
3 For salaries for the Architect of the Capitol, and
4 other personal services, at rates of pay provided by law;
5 for surveys and studies in connection with activities under
6 the care of the Architect of the Capitol; for all necessary
7 expenses for the general and administrative support of the
8 operations under the Architect of the Capitol including the
9 Botanic Garden; electrical substations of the Capitol, Sen-
10 ate and House office buildings, and other facilities under
11 the jurisdiction of the Architect of the Capitol; including
12 furnishings and office equipment; including not more than
13 $5,000 for official reception and representation expenses,
14 to be expended as the Architect of the Capitol may ap-
15 prove; for purchase or exchange, maintenance, and oper-
16 ation of a passenger motor vehicle, $90,276,946, of which
17 $599,000 shall remain available until September 30, 2018.
18 CAPITOL BUILDING
19 For all necessary expenses for the maintenance, care
20 and operation of the Capitol, $61,376,000, of which
21 $21,400,000 shall remain available until September 30,
22 2018, and of which $15,940,000 shall remain available
23 until expended solely for expenses related to rehabilitation
24 of the U.S. Capitol Dome.
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1042
1 CAPITOL GROUNDS
2 For all necessary expenses for care and improvement
3 of grounds surrounding the Capitol, the Senate and House
4 office buildings, and the Capitol Power Plant,
5 $13,860,000, of which $4,000,000 shall remain available
6 until September 30, 2018.
7 SENATE OFFICE BUILDINGS
8 For all necessary expenses for the maintenance, care
9 and operation of Senate office buildings; and furniture and
10 furnishings to be expended under the control and super-
11 vision of the Architect of the Capitol, $72,990,000, of
12 which $16,000,000 shall remain available until September
13 30, 2018.
14 HOUSE OFFICE BUILDINGS
15 For all necessary expenses for the maintenance, care
16 and operation of the House office buildings, $71,622,000,
17 of which $9,100,000 shall remain available until Sep-
18 tember 30, 2018.
19 In addition, for a payment to the House Historic
20 Buildings Revitalization Trust Fund, $70,000,000, shall
21 remain available until expended.
22 CAPITOL POWER PLANT
23 For all necessary expenses for the maintenance, care
24 and operation of the Capitol Power Plant; lighting, heat-
25 ing, power (including the purchase of electrical energy)
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1043
1 and water and sewer services for the Capitol, Senate and
2 House office buildings, Library of Congress buildings, and
3 the grounds about the same, Botanic Garden, Senate ga-
4 rage, and air conditioning refrigeration not supplied from
5 plants in any of such buildings; heating the Government
6 Printing Office and Washington City Post Office, and
7 heating and chilled water for air conditioning for the Su-
8 preme Court Building, the Union Station complex, the
9 Thurgood Marshall Federal Judiciary Building and the
10 Folger Shakespeare Library, expenses for which shall be
11 advanced or reimbursed upon request of the Architect of
12 the Capitol and amounts so received shall be deposited
13 into the Treasury to the credit of this appropriation,
14 $116,678,000, of which $32,500,000 shall remain avail-
15 able until September 30, 2018: Provided, That not more
16 than $9,000,000 of the funds credited or to be reimbursed
17 to this appropriation as herein provided shall be available
18 for obligation during fiscal year 2014.
19 LIBRARY BUILDINGS AND GROUNDS
20 For all necessary expenses for the mechanical and
21 structural maintenance, care and operation of the Library
22 buildings and grounds, $53,391,000, of which
23 $28,531,000 shall remain available until September 30,
24 2018.
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1044
1 CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY
2 For all necessary expenses for the maintenance, care
3 and operation of buildings, grounds and security enhance-
4 ments of the United States Capitol Police, wherever lo-
5 cated, the Alternate Computer Facility, and AOC security
6 operations, $19,348,000, of which $1,814,000 shall re-
7 main available until September 30, 2018.
8 BOTANIC GARDEN
9 For all necessary expenses for the maintenance, care
10 and operation of the Botanic Garden and the nurseries,
11 buildings, grounds, and collections; and purchase and ex-
12 change, maintenance, repair, and operation of a passenger
13 motor vehicle; all under the direction of the Joint Com-
14 mittee on the Library, $11,856,000, of which $2,082,000
15 shall remain available until September 30, 2018: Provided,
16 That of the amount made available under this heading,
17 the Architect of the Capitol may obligate and expend such
18 sums as may be necessary for the maintenance, care and
19 operation of the National Garden established under sec-
20 tion 307E of the Legislative Branch Appropriations Act,
21 1989 (2 U.S.C. 2146), upon vouchers approved by the Ar-
22 chitect of the Capitol or a duly authorized designee.
23 CAPITOL VISITOR CENTER
24 For all necessary expenses for the operation of the
25 Capitol Visitor Center, $20,632,000.
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1045
1 ADMINISTRATIVE PROVISIONS
2 SEMIANNUAL REPORT OF DISBURSEMENTS
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1046
1 (5) the information submitted to the Comp-
2 troller General under section 3523(b) of title 31,
3 United States Code; and
4 (6) such additional information as may be re-
5 quired by regulation of the Committee on House Ad-
6 ministration of the House of Representatives or the
7 Committee on Rules and Administration of the Sen-
8 ate.
9 (c) PRINTING.—Each report under this section shall
10 be printed as a House document.
11 (d) EFFECTIVE DATE.—This section shall apply with
12 respect to the semiannual periods of January 1 through
13 June 30 and July 1 through December 31 of each year,
14 beginning with the semiannual period in which this section
15 is enacted.
16 USE OF BUILDING
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1047
1 the House or by other persons as the Commission con-
2 siders appropriate.
3 (b) EFFECTIVE DATE.—This section shall apply with
4 respect to fiscal year 2014 and each succeeding fiscal year.
5 COLLECTION AND SALE OF RECYCLABLE MATERIALS
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1048
1 chargeable to the income of any trust fund held by the
2 Board, $412,052,000, of which not more than $6,000,000
3 shall be derived from collections credited to this appropria-
4 tion during fiscal year 2014, and shall remain available
5 until expended, under the Act of June 28, 1902 (chapter
6 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
7 $350,000 shall be derived from collections during fiscal
8 year 2014 and shall remain available until expended for
9 the development and maintenance of an international legal
10 information database and activities related thereto: Pro-
11 vided, That the Library of Congress may not obligate or
12 expend any funds derived from collections under the Act
13 of June 28, 1902, in excess of the amount authorized for
14 obligation or expenditure in appropriations Acts: Provided
15 further, That the total amount available for obligation
16 shall be reduced by the amount by which collections are
17 less than $6,350,000: Provided further, That of the total
18 amount appropriated, not more than $12,000 may be ex-
19 pended, on the certification of the Librarian of Congress,
20 in connection with official representation and reception ex-
21 penses for the Overseas Field Offices: Provided further,
22 That of the total amount appropriated, $7,119,000 shall
23 remain available until expended for the digital collections
24 and educational curricula program.
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1049
1 COPYRIGHT OFFICE
2 SALARIES AND EXPENSES
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1050
1 of the International Copyright Institute and for copyright
2 delegations, visitors, and seminars: Provided further, That
3 notwithstanding any provision of chapter 8 of title 17,
4 United States Code, any amounts made available under
5 this heading which are attributable to royalty fees and
6 payments received by the Copyright Office pursuant to
7 sections 111, 119, and chapter 10 of such title may be
8 used for the costs incurred in the administration of the
9 Copyright Royalty Judges program, with the exception of
10 the costs of salaries and benefits for the Copyright Royalty
11 Judges and staff under section 802(e).
12 CONGRESSIONAL RESEARCH SERVICE
13 SALARIES AND EXPENSES
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1051
1 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
2 SALARIES AND EXPENSES
21 CATEGORIES OF APPROPRIATIONS
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1052
1 under law for the Library of Congress for the fiscal year,
2 upon the approval of the Committees on Appropriations
3 of the House of Representatives and Senate.
4 (b) LIMITATION.—Not more than 10 percent of the
5 total amount of funds appropriated to the account under
6 any category of appropriations for the Library of Congress
7 for a fiscal year may be transferred from that account by
8 all transfers made under subsection (a).
9 GOVERNMENT PRINTING OFFICE
10 CONGRESSIONAL PRINTING AND BINDING
11 (INCLUDING TRANSFER OF FUNDS)
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1053
1 Provided further, That this appropriation shall be available
2 for the payment of obligations incurred under the appro-
3 priations for similar purposes for preceding fiscal years:
4 Provided further, That notwithstanding the 2-year limita-
5 tion under section 718 of title 44, United States Code,
6 none of the funds appropriated or made available under
7 this Act or any other Act for printing and binding and
8 related services provided to Congress under chapter 7 of
9 title 44, United States Code, may be expended to print
10 a document, report, or publication after the 27-month pe-
11 riod beginning on the date that such document, report,
12 or publication is authorized by Congress to be printed, un-
13 less Congress reauthorizes such printing in accordance
14 with section 718 of title 44, United States Code: Provided
15 further, That any unobligated or unexpended balances in
16 this account or accounts for similar purposes for preceding
17 fiscal years may be transferred to the Government Print-
18 ing Office revolving fund for carrying out the purposes of
19 this heading, subject to the approval of the Committees
20 on Appropriations of the House of Representatives and
21 Senate: Provided further, That notwithstanding sections
22 901, 902, and 906 of title 44, United States Code, this
23 appropriation may be used to prepare indexes to the Con-
24 gressional Record on only a monthly and session basis.
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1054
1 OFFICE OF SUPERINTENDENT OF DOCUMENTS
2 SALARIES AND EXPENSES
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1055
1 fice is hereby authorized to make such expenditures, with-
2 in the limits of funds available and in accordance with law,
3 and to make such contracts and commitments without re-
4 gard to fiscal year limitations as provided by section 9104
5 of title 31, United States Code, as may be necessary in
6 carrying out the programs and purposes set forth in the
7 budget for the current fiscal year for the Government
8 Printing Office Revolving Fund: Provided further, That
9 not more than $7,500 may be expended on the certifi-
10 cation of the Public Printer in connection with official rep-
11 resentation and reception expenses: Provided further, That
12 the revolving fund shall be available for the hire or pur-
13 chase of not more than 12 passenger motor vehicles: Pro-
14 vided further, That expenditures in connection with travel
15 expenses of the advisory councils to the Public Printer
16 shall be deemed necessary to carry out the provisions of
17 title 44, United States Code: Provided further, That the
18 revolving fund shall be available for temporary or intermit-
19 tent services under section 3109(b) of title 5, United
20 States Code, but at rates for individuals not more than
21 the daily equivalent of the annual rate of basic pay for
22 level V of the Executive Schedule under section 5316 of
23 such title: Provided further, That activities financed
24 through the revolving fund may provide information in any
25 format: Provided further, That the revolving fund and the
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1056
1 funds provided under the headings ‘‘Office of Super-
2 intendent of Documents’’ and ‘‘Salaries and Expenses’’
3 may not be used for contracted security services at GPO’s
4 passport facility in the District of Columbia.
5 GOVERNMENT ACCOUNTABILITY OFFICE
6 SALARIES AND EXPENSES
7 For necessary expenses of the Government Account-
8 ability Office, including not more than $12,500 to be ex-
9 pended on the certification of the Comptroller General of
10 the United States in connection with official representa-
11 tion and reception expenses; temporary or intermittent
12 services under section 3109(b) of title 5, United States
13 Code, but at rates for individuals not more than the daily
14 equivalent of the annual rate of basic pay for level IV of
15 the Executive Schedule under section 5315 of such title;
16 hire of one passenger motor vehicle; advance payments in
17 foreign countries in accordance with section 3324 of title
18 31, United States Code; benefits comparable to those pay-
19 able under sections 901(5), (6), and (8) of the Foreign
20 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8));
21 and under regulations prescribed by the Comptroller Gen-
22 eral of the United States, rental of living quarters in for-
23 eign countries, $505,383,000: Provided, That in addition,
24 $32,368,000 of payments received under sections 782,
25 3521, and 9105 of title 31, United States Code, shall be
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1057
1 available without fiscal year limitation: Provided further,
2 That this appropriation and appropriations for adminis-
3 trative expenses of any other department or agency which
4 is a member of the National Intergovernmental Audit
5 Forum or a Regional Intergovernmental Audit Forum
6 shall be available to finance an appropriate share of either
7 Forum’s costs as determined by the respective Forum, in-
8 cluding necessary travel expenses of non-Federal partici-
9 pants: Provided further, That payments hereunder to the
10 Forum may be credited as reimbursements to any appro-
11 priation from which costs involved are initially financed.
12 ADMINISTRATIVE PROVISION
13 USE OF ELECTRONIC FILING FOR PROCUREMENT
14 PROTEST SYSTEM
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1058
1 ‘‘(A) a person filing a protest under this
2 subchapter may file the protest through elec-
3 tronic means; and
4 ‘‘(B) all documents and information re-
5 quired with respect to the protest may be dis-
6 seminated and made available to the parties to
7 the protest through electronic means.
8 ‘‘(2) IMPOSITION OF FEES.—
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1059
1 amounts received as fees under paragraph (2)
2 into the account.
3 ‘‘(B) USE OF AMOUNTS.—Amounts in the
4 account maintained under this paragraph shall
5 be available to the Comptroller General, without
6 fiscal year limitation, solely to establish and op-
7 erate the electronic system under this sub-
8 section.’’.
9 OPEN WORLD LEADERSHIP CENTER TRUST
10 FUND
11 For a payment to the Open World Leadership Center
12 Trust Fund for financing activities of the Open World
13 Leadership Center under section 313 of the Legislative
14 Branch Appropriations Act, 2001 (2 U.S.C. 1151),
15 $6,000,000.
16 JOHN C. STENNIS CENTER FOR PUBLIC
17 SERVICE TRAINING AND DEVELOPMENT
18 For payment to the John C. Stennis Center for Pub-
19 lic Service Development Trust Fund established under
20 section 116 of the John C. Stennis Center for Public Serv-
21 ice Training and Development Act (2 U.S.C. 1105),
22 $430,000.
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1060
1 TITLE II
2 GENERAL PROVISIONS
3 MAINTENANCE AND CARE OF PRIVATE VEHICLES
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1061
1 resentatives, and clerk hire for Senators and Members of
2 the House of Representatives shall be the permanent law
3 with respect thereto.
4 CONSULTING SERVICES
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1062
1 tain and improve the landscape features, excluding streets,
2 in the irregular shaped grassy areas bounded by Wash-
3 ington Avenue, SW on the northeast, Second Street, SW,
4 on the west, Square 582 on the south, and the beginning
5 of the I–395 tunnel on the southeast.
6 LIMITATION ON TRANSFERS
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1063
1 lated reasons to the same extent as guided tours of the
2 United States Capitol which are led by the Architect of
3 the Capitol.
4 DELIVERY OF BILLS AND RESOLUTIONS
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1064
1 LIMITATION ON PRINTED COPIES OF U.S. CODE TO
2 HOUSE
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1065
1 Capitol Police (hereafter referred to as the
2 ‘‘Chief’’)—
3 (A) may issue a permit authorizing a per-
4 son to engage in commercial activity in Union
5 Square if the activity is similar to the types of
6 commercial activity permitted in Union Square
7 prior to the transfer of jurisdiction and control
8 of Union Square to the Architect of the Capitol
9 under section 1202 of the Legislative Branch
10 Appropriations Act, 2012 (Public Law 112–74);
11 and
12 (B) under the terms and conditions of such
13 a permit, may require the person to whom the
14 permit is issued to pay a fee to cover any costs
15 incurred by the Architect of the Capitol as a re-
16 sult of the issuance of the permit, if the fees
17 are similar to the fees collected by the Director
18 of the National Park Service for commercial ac-
19 tivity permitted in Union Square prior to such
20 transfer of jurisdiction and control.
21 (2) REGULATIONS.—The Chief shall carry out
22 this section in accordance with such regulations as
23 the Capitol Police Board may promulgate pursuant
24 to the Board’s authority under section 14 of the Act
25 of July 31, 1946 (2 U.S.C. 1969), except that the
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1066
1 Board shall promulgate the regulations in consulta-
2 tion with the Committee on House Administration of
3 the House of Representatives and the Committee on
4 Rules and Administration of the Senate.
5 (c) CAPITOL TRUST ACCOUNT.—
6 (1) ESTABLISHMENT.—There is established in
7 the Treasury of the United States an account for
8 the Architect of the Capitol to be known as the
9 ‘‘Capitol Trust Account’’, consisting of all fees col-
10 lected by the Chief under subsection (b)(2).
11 (2) TRANSFER.—Immediately upon receiving
12 any fees collected under subsection (b)(2), the Chief
13 shall transfer the fees to the Capitol Trust Account.
14 (3) USE OF FUNDS.—Amounts in the Capitol
15 Trust Account shall be available without fiscal year
16 limitation for such maintenance, improvements, and
17 projects with respect to Union Square as the Archi-
18 tect of the Capitol considers appropriate, subject to
19 the approval of the Committees on Appropriations of
20 the House of Representatives and Senate.
21 (d) EFFECTIVE DATE.—This section shall take effect
22 on the date of the enactment of the Legislative Branch
23 Appropriations Act, 2012 (Public Law 112–74).
24 This division may be cited as the ‘‘Legislative Branch
25 Appropriations Act, 2014’’.
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1067
1 DIVISION J—MILITARY CONSTRUCTION
2 AND VETERANS AFFAIRS, AND RE-
3 LATED AGENCIES APPROPRIATIONS
4 ACT, 2014
5 TITLE I
6 DEPARTMENT OF DEFENSE
7 MILITARY CONSTRUCTION, ARMY
8 For acquisition, construction, installation, and equip-
9 ment of temporary or permanent public works, military
10 installations, facilities, and real property for the Army as
11 currently authorized by law, including personnel in the
12 Army Corps of Engineers and other personal services nec-
13 essary for the purposes of this appropriation, and for con-
14 struction and operation of facilities in support of the func-
15 tions of the Commander in Chief, $1,104,875,000, to re-
16 main available until September 30, 2018: Provided, That
17 of this amount, not to exceed $64,575,000 shall be avail-
18 able for study, planning, design, architect and engineer
19 services, and host nation support, as authorized by law,
20 unless the Secretary of the Army determines that addi-
21 tional obligations are necessary for such purposes and no-
22 tifies the Committees on Appropriations of both Houses
23 of Congress of the determination and the reasons therefor.
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1068
1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
2 For acquisition, construction, installation, and equip-
3 ment of temporary or permanent public works, naval in-
4 stallations, facilities, and real property for the Navy and
5 Marine Corps as currently authorized by law, including
6 personnel in the Naval Facilities Engineering Command
7 and other personal services necessary for the purposes of
8 this appropriation, $1,629,690,000, to remain available
9 until September 30, 2018: Provided, That of this amount,
10 not to exceed $80,638,000 shall be available for study,
11 planning, design, and architect and engineer services, as
12 authorized by law, unless the Secretary of the Navy deter-
13 mines that additional obligations are necessary for such
14 purposes and notifies the Committees on Appropriations
15 of both Houses of Congress of the determination and the
16 reasons therefor.
17 MILITARY CONSTRUCTION, AIR FORCE
18 For acquisition, construction, installation, and equip-
19 ment of temporary or permanent public works, military
20 installations, facilities, and real property for the Air Force
21 as currently authorized by law, $1,052,796,000, to remain
22 available until September 30, 2018: Provided, That of this
23 amount, not to exceed $11,314,000 shall be available for
24 study, planning, design, and architect and engineer serv-
25 ices, as authorized by law, unless the Secretary of the Air
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1069
1 Force determines that additional obligations are necessary
2 for such purposes and notifies the Committees on Appro-
3 priations of both Houses of Congress of the determination
4 and the reasons therefor: Provided further, That none of
5 the funds provided under this heading for military con-
6 struction in the United Kingdom as identified in the table
7 entitled ‘‘Military Construction’’ in the explanatory state-
8 ment described in section 4 (in the matter preceding divi-
9 sion A of this consolidated Act) may be obligated or ex-
10 pended until the Department of Defense completes a Eu-
11 ropean Consolidation Study, and the Secretary of Defense
12 (1) provides to the Committees on Appropriations of both
13 Houses of Congress a comprehensive European basing
14 strategy reflecting the findings of the Consolidation Study,
15 and (2) certifies in writing the requirement identified in
16 the study for each of the military construction projects
17 in the United Kingdom funded in this section: Provided
18 further, That none of the funds provided under this head-
19 ing for military construction in Saipan or for Pacific Air-
20 power Resiliency projects in Guam, Joint Region Mari-
21 anas, as identified in the table entitled ‘‘Military Construc-
22 tion’’ in the explanatory statement described in section 4
23 (in the matter preceding division A of this consolidated
24 Act) may be obligated or expended until the Department
25 of Defense completes a Pacific Resiliency Study and the
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1070
1 Secretary of Defense (1) provides to the Committees on
2 Appropriations of both Houses of Congress a comprehen-
3 sive Pacific Resiliency Plan, and (2) certifies in writing
4 the requirement identified in the study for each of the
5 military construction projects in Saipan, and for the Pa-
6 cific Airpower Resiliency projects in Guam funded in this
7 section.
8 MILITARY CONSTRUCTION, DEFENSE-WIDE
9 (INCLUDING TRANSFER OF FUNDS)
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1071
1 ices, as authorized by law, unless the Secretary of Defense
2 determines that additional obligations are necessary for
3 such purposes and notifies the Committees on Appropria-
4 tions of both Houses of Congress of the determination and
5 the reasons therefor: Provided further, That none of the
6 funds provided under this heading for military construc-
7 tion in Germany or the United Kingdom as identified in
8 the table entitled ‘‘Military Construction’’ in the explana-
9 tory statement described in section 4 (in the matter pre-
10 ceding division A of this consolidated Act) may be obli-
11 gated or expended until the Department of Defense com-
12 pletes a European Consolidation Study, and the Secretary
13 of Defense (1) provides to the Committees on Appropria-
14 tions of both Houses of Congress a comprehensive Euro-
15 pean basing strategy reflecting the findings of the Consoli-
16 dation Study, and (2) certifies in writing the requirement
17 identified in the study for each of the military construction
18 projects in Germany and the United Kingdom funded in
19 this section: Provided further, That of the amount appro-
20 priated, notwithstanding any other provision of law,
21 $38,513,000 shall be available for payments to the North
22 Atlantic Treaty Organization for the planning, design, and
23 construction of a new North Atlantic Treaty Organization
24 headquarters.
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1072
1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
2 For construction, acquisition, expansion, rehabilita-
3 tion, and conversion of facilities for the training and ad-
4 ministration of the Army National Guard, and contribu-
5 tions therefor, as authorized by chapter 1803 of title 10,
6 United States Code, and Military Construction Authoriza-
7 tion Acts, $314,740,000, to remain available until Sep-
8 tember 30, 2018: Provided, That of the amount appro-
9 priated, not to exceed $22,930,000 shall be available for
10 study, planning, design, and architect and engineer serv-
11 ices, as authorized by law, unless the Director of the Army
12 National Guard determines that additional obligations are
13 necessary for such purposes and notifies the Committees
14 on Appropriations of both Houses of Congress of the de-
15 termination and the reasons therefor.
16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD
17 For construction, acquisition, expansion, rehabilita-
18 tion, and conversion of facilities for the training and ad-
19 ministration of the Air National Guard, and contributions
20 therefor, as authorized by chapter 1803 of title 10, United
21 States Code, and Military Construction Authorization
22 Acts, $119,800,000, to remain available until September
23 30, 2018: Provided, That of the amount appropriated, not
24 to exceed $13,400,000 shall be available for study, plan-
25 ning, design, and architect and engineer services, as au-
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1073
1 thorized by law, unless the Director of the Air National
2 Guard determines that additional obligations are nec-
3 essary for such purposes and notifies the Committees on
4 Appropriations of both Houses of Congress of the deter-
5 mination and the reasons therefor.
6 MILITARY CONSTRUCTION, ARMY RESERVE
7 For construction, acquisition, expansion, rehabilita-
8 tion, and conversion of facilities for the training and ad-
9 ministration of the Army Reserve as authorized by chapter
10 1803 of title 10, United States Code, and Military Con-
11 struction Authorization Acts, $156,560,000, to remain
12 available until September 30, 2018: Provided, That of the
13 amount appropriated, not to exceed $14,212,000 shall be
14 available for study, planning, design, and architect and en-
15 gineer services, as authorized by law, unless the Chief of
16 the Army Reserve determines that additional obligations
17 are necessary for such purposes and notifies the Commit-
18 tees on Appropriations of both Houses of Congress of the
19 determination and the reasons therefor.
20 MILITARY CONSTRUCTION, NAVY RESERVE
21 For construction, acquisition, expansion, rehabilita-
22 tion, and conversion of facilities for the training and ad-
23 ministration of the reserve components of the Navy and
24 Marine Corps as authorized by chapter 1803 of title 10,
25 United States Code, and Military Construction Authoriza-
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1074
1 tion Acts, $29,000,000, to remain available until Sep-
2 tember 30, 2018: Provided, That of the amount appro-
3 priated, not to exceed $2,540,000 shall be available for
4 study, planning, design, and architect and engineer serv-
5 ices, as authorized by law, unless the Secretary of the
6 Navy determines that additional obligations are necessary
7 for such purposes and notifies the Committees on Appro-
8 priations of both Houses of Congress of the determination
9 and the reasons therefor.
10 MILITARY CONSTRUCTION, AIR FORCE RESERVE
11 For construction, acquisition, expansion, rehabilita-
12 tion, and conversion of facilities for the training and ad-
13 ministration of the Air Force Reserve as authorized by
14 chapter 1803 of title 10, United States Code, and Military
15 Construction Authorization Acts, $45,659,000, to remain
16 available until September 30, 2018: Provided, That of the
17 amount appropriated, not to exceed $2,229,000 shall be
18 available for study, planning, design, and architect and en-
19 gineer services, as authorized by law, unless the Chief of
20 the Air Force Reserve determines that additional obliga-
21 tions are necessary for such purposes and notifies the
22 Committees on Appropriations of both Houses of Congress
23 of the determination and the reasons therefor.
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1075
1 NORTH ATLANTIC TREATY ORGANIZATION
2 SECURITY INVESTMENT PROGRAM
3 For the United States share of the cost of the North
4 Atlantic Treaty Organization Security Investment Pro-
5 gram for the acquisition and construction of military fa-
6 cilities and installations (including international military
7 headquarters) and for related expenses for the collective
8 defense of the North Atlantic Treaty Area as authorized
9 by section 2806 of title 10, United States Code, and Mili-
10 tary Construction Authorization Acts, $199,700,000, to
11 remain available until expended.
12 FAMILY HOUSING CONSTRUCTION, ARMY
13 For expenses of family housing for the Army for con-
14 struction, including acquisition, replacement, addition, ex-
15 pansion, extension, and alteration, as authorized by law,
16 $27,408,000, to remain available until September 30,
17 2018.
18 FAMILY HOUSING OPERATION AND MAINTENANCE,
19 ARMY
20 For expenses of family housing for the Army for op-
21 eration and maintenance, including debt payment, leasing,
22 minor construction, principal and interest charges, and in-
23 surance premiums, as authorized by law, $512,871,000.
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1076
1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE
2 CORPS
3 For expenses of family housing for the Navy and Ma-
4 rine Corps for construction, including acquisition, replace-
5 ment, addition, expansion, extension, and alteration, as
6 authorized by law, $73,407,000, to remain available until
7 September 30, 2018.
8 FAMILY HOUSING OPERATION AND MAINTENANCE,
9 NAVY AND MARINE CORPS
10 For expenses of family housing for the Navy and Ma-
11 rine Corps for operation and maintenance, including debt
12 payment, leasing, minor construction, principal and inter-
13 est charges, and insurance premiums, as authorized by
14 law, $379,444,000.
15 FAMILY HOUSING CONSTRUCTION, AIR FORCE
16 For expenses of family housing for the Air Force for
17 construction, including acquisition, replacement, addition,
18 expansion, extension, and alteration, as authorized by law,
19 $76,360,000, to remain available until September 30,
20 2018.
21 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR
22 FORCE
23 For expenses of family housing for the Air Force for
24 operation and maintenance, including debt payment, leas-
25 ing, minor construction, principal and interest charges,
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1077
1 and insurance premiums, as authorized by law,
2 $388,598,000.
3 FAMILY HOUSING OPERATION AND MAINTENANCE,
4 DEFENSE-WIDE
5 For expenses of family housing for the activities and
6 agencies of the Department of Defense (other than the
7 military departments) for operation and maintenance,
8 leasing, and minor construction, as authorized by law,
9 $55,845,000.
10 DEPARTMENT OF DEFENSE FAMILY HOUSING
11 IMPROVEMENT FUND
12 For the Department of Defense Family Housing Im-
13 provement Fund, $1,780,000, to remain available until ex-
14 pended, for family housing initiatives undertaken pursu-
15 ant to section 2883 of title 10, United States Code, pro-
16 viding alternative means of acquiring and improving mili-
17 tary family housing and supporting facilities.
18 CHEMICAL DEMILITARIZATION CONSTRUCTION,
19 DEFENSE-WIDE
20 For expenses of construction, not otherwise provided
21 for, necessary for the destruction of the United States
22 stockpile of lethal chemical agents and munitions in ac-
23 cordance with section 1412 of the Department of Defense
24 Authorization Act, 1986 (50 U.S.C. 1521), and for the
25 destruction of other chemical warfare materials that are
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1078
1 not in the chemical weapon stockpile, as currently author-
2 ized by law, $122,536,000, to remain available until Sep-
3 tember 30, 2018, which shall be only for the Assembled
4 Chemical Weapons Alternatives program.
5 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
6 For deposit into the Department of Defense Base
7 Closure Account, established by section 2906(a)(1) of the
8 Defense Base Closure and Realignment Act of 1990 (10
9 U.S.C. 2687 note), as amended by section 2711 of the
10 National Defense Authorization Act for Fiscal Year 2013
11 (Public Law 112–239), $451,357,000, to remain available
12 until expended.
13 ADMINISTRATIVE PROVISIONS
14 SEC. 101. None of the funds made available in this
15 title shall be expended for payments under a cost-plus-a-
16 fixed-fee contract for construction, where cost estimates
17 exceed $25,000, to be performed within the United States,
18 except Alaska, without the specific approval in writing of
19 the Secretary of Defense setting forth the reasons there-
20 for.
21 SEC. 102. Funds made available in this title for con-
22 struction shall be available for hire of passenger motor ve-
23 hicles.
24 SEC. 103. Funds made available in this title for con-
25 struction may be used for advances to the Federal High-
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1079
1 way Administration, Department of Transportation, for
2 the construction of access roads as authorized by section
3 210 of title 23, United States Code, when projects author-
4 ized therein are certified as important to the national de-
5 fense by the Secretary of Defense.
6 SEC. 104. None of the funds made available in this
7 title may be used to begin construction of new bases in
8 the United States for which specific appropriations have
9 not been made.
10 SEC. 105. None of the funds made available in this
11 title shall be used for purchase of land or land easements
12 in excess of 100 percent of the value as determined by
13 the Army Corps of Engineers or the Naval Facilities Engi-
14 neering Command, except: (1) where there is a determina-
15 tion of value by a Federal court; (2) purchases negotiated
16 by the Attorney General or the designee of the Attorney
17 General; (3) where the estimated value is less than
18 $25,000; or (4) as otherwise determined by the Secretary
19 of Defense to be in the public interest.
20 SEC. 106. None of the funds made available in this
21 title shall be used to: (1) acquire land; (2) provide for site
22 preparation; or (3) install utilities for any family housing,
23 except housing for which funds have been made available
24 in annual Acts making appropriations for military con-
25 struction.
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1080
1 SEC. 107. None of the funds made available in this
2 title for minor construction may be used to transfer or
3 relocate any activity from one base or installation to an-
4 other, without prior notification to the Committees on Ap-
5 propriations of both Houses of Congress.
6 SEC. 108. None of the funds made available in this
7 title may be used for the procurement of steel for any con-
8 struction project or activity for which American steel pro-
9 ducers, fabricators, and manufacturers have been denied
10 the opportunity to compete for such steel procurement.
11 SEC. 109. None of the funds available to the Depart-
12 ment of Defense for military construction or family hous-
13 ing during the current fiscal year may be used to pay real
14 property taxes in any foreign nation.
15 SEC. 110. None of the funds made available in this
16 title may be used to initiate a new installation overseas
17 without prior notification to the Committees on Appro-
18 priations of both Houses of Congress.
19 SEC. 111. None of the funds made available in this
20 title may be obligated for architect and engineer contracts
21 estimated by the Government to exceed $500,000 for
22 projects to be accomplished in Japan, in any North Atlan-
23 tic Treaty Organization member country, or in countries
24 bordering the Arabian Sea, unless such contracts are
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1081
1 awarded to United States firms or United States firms
2 in joint venture with host nation firms.
3 SEC. 112. None of the funds made available in this
4 title for military construction in the United States terri-
5 tories and possessions in the Pacific and on Kwajalein
6 Atoll, or in countries bordering the Arabian Sea, may be
7 used to award any contract estimated by the Government
8 to exceed $1,000,000 to a foreign contractor: Provided,
9 That this section shall not be applicable to contract
10 awards for which the lowest responsive and responsible bid
11 of a United States contractor exceeds the lowest respon-
12 sive and responsible bid of a foreign contractor by greater
13 than 20 percent: Provided further, That this section shall
14 not apply to contract awards for military construction on
15 Kwajalein Atoll for which the lowest responsive and re-
16 sponsible bid is submitted by a Marshallese contractor.
17 SEC. 113. The Secretary of Defense shall inform the
18 appropriate committees of both Houses of Congress, in-
19 cluding the Committees on Appropriations, of plans and
20 scope of any proposed military exercise involving United
21 States personnel 30 days prior to its occurring, if amounts
22 expended for construction, either temporary or permanent,
23 are anticipated to exceed $100,000.
24 SEC. 114. Not more than 20 percent of the funds
25 made available in this title which are limited for obligation
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1082
1 during the current fiscal year shall be obligated during
2 the last 2 months of the fiscal year.
3 SEC. 115. Funds appropriated to the Department of
4 Defense for construction in prior years shall be available
5 for construction authorized for each such military depart-
6 ment by the authorizations enacted into law during the
7 current session of Congress.
8 SEC. 116. For military construction or family housing
9 projects that are being completed with funds otherwise ex-
10 pired or lapsed for obligation, expired or lapsed funds may
11 be used to pay the cost of associated supervision, inspec-
12 tion, overhead, engineering and design on those projects
13 and on subsequent claims, if any.
14 SEC. 117. Notwithstanding any other provision of
15 law, any funds made available to a military department
16 or defense agency for the construction of military projects
17 may be obligated for a military construction project or
18 contract, or for any portion of such a project or contract,
19 at any time before the end of the fourth fiscal year after
20 the fiscal year for which funds for such project were made
21 available, if the funds obligated for such project: (1) are
22 obligated from funds available for military construction
23 projects; and (2) do not exceed the amount appropriated
24 for such project, plus any amount by which the cost of
25 such project is increased pursuant to law.
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1083
1 (INCLUDING TRANSFER OF FUNDS)
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1084
1 Military Unaccompanied Housing Improvement Fund
2 from amounts appropriated for construction of military
3 unaccompanied housing in ‘‘Military Construction’’ ac-
4 counts, to be merged with and to be available for the same
5 purposes and for the same period of time as amounts ap-
6 propriated directly to the Fund: Provided, That appropria-
7 tions made available to the Funds shall be available to
8 cover the costs, as defined in section 502(5) of the Con-
9 gressional Budget Act of 1974, of direct loans or loan
10 guarantees issued by the Department of Defense pursuant
11 to the provisions of subchapter IV of chapter 169 of title
12 10, United States Code, pertaining to alternative means
13 of acquiring and improving military family housing, mili-
14 tary unaccompanied housing, and supporting facilities.
15 (INCLUDING TRANSFER OF FUNDS)
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1085
1 merged with and be available for the same purposes and
2 for the same time period as the fund to which transferred.
3 SEC. 121. Notwithstanding any other provision of
4 law, funds made available in this title for operation and
5 maintenance of family housing shall be the exclusive
6 source of funds for repair and maintenance of all family
7 housing units, including general or flag officer quarters:
8 Provided, That not more than $35,000 per unit may be
9 spent annually for the maintenance and repair of any gen-
10 eral or flag officer quarters without 30 days prior notifica-
11 tion, or 14 days for a notification provided in an electronic
12 medium pursuant to sections 480 and 2883 of title 10,
13 United States Code, to the Committees on Appropriations
14 of both Houses of Congress, except that an after-the-fact
15 notification shall be submitted if the limitation is exceeded
16 solely due to costs associated with environmental remedi-
17 ation that could not be reasonably anticipated at the time
18 of the budget submission: Provided further, That the
19 Under Secretary of Defense (Comptroller) is to report an-
20 nually to the Committees on Appropriations of both
21 Houses of Congress all operation and maintenance ex-
22 penditures for each individual general or flag officer quar-
23 ters for the prior fiscal year.
24 SEC. 122. Amounts contained in the Ford Island Im-
25 provement Account established by subsection (h) of sec-
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1086
1 tion 2814 of title 10, United States Code, are appro-
2 priated and shall be available until expended for the pur-
3 poses specified in subsection (i)(1) of such section or until
4 transferred pursuant to subsection (i)(3) of such section.
5 SEC. 123. None of the funds made available in this
6 title, or in any Act making appropriations for military con-
7 struction which remain available for obligation, may be ob-
8 ligated or expended to carry out a military construction,
9 land acquisition, or family housing project at or for a mili-
10 tary installation approved for closure, or at a military in-
11 stallation for the purposes of supporting a function that
12 has been approved for realignment to another installation,
13 in 2005 under the Defense Base Closure and Realignment
14 Act of 1990 (part A of title XXIX of Public Law 101–
15 510; 10 U.S.C. 2687 note), unless such a project at a mili-
16 tary installation approved for realignment will support a
17 continuing mission or function at that installation or a
18 new mission or function that is planned for that installa-
19 tion, or unless the Secretary of Defense certifies that the
20 cost to the United States of carrying out such project
21 would be less than the cost to the United States of cancel-
22 ling such project, or if the project is at an active compo-
23 nent base that shall be established as an enclave or in the
24 case of projects having multi-agency use, that another
25 Government agency has indicated it will assume ownership
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1087
1 of the completed project. The Secretary of Defense may
2 not transfer funds made available as a result of this limi-
3 tation from any military construction project, land acquisi-
4 tion, or family housing project to another account or use
5 such funds for another purpose or project without the
6 prior approval of the Committees on Appropriations of
7 both Houses of Congress. This section shall not apply to
8 military construction projects, land acquisition, or family
9 housing projects for which the project is vital to the na-
10 tional security or the protection of health, safety, or envi-
11 ronmental quality: Provided, That the Secretary of De-
12 fense shall notify the congressional defense committees
13 within 7 days of a decision to carry out such a military
14 construction project.
15 (INCLUDING TRANSFER OF FUNDS)
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1088
1 rency Fluctuations, Construction, Defense’’, to be merged
2 with and to be available for the same time period and for
3 the same purposes as the appropriation to which trans-
4 ferred.
5 SEC. 125. (a) Except as provided in subsection (b),
6 none of the funds made available in this Act may be used
7 by the Secretary of the Army to relocate a unit in the
8 Army that—
9 (1) performs a testing mission or function that
10 is not performed by any other unit in the Army and
11 is specifically stipulated in title 10, United States
12 Code; and
13 (2) is located at a military installation at which
14 the total number of civilian employees of the Depart-
15 ment of the Army and Army contractor personnel
16 employed exceeds 10 percent of the total number of
17 members of the regular and reserve components of
18 the Army assigned to the installation.
19 (b) EXCEPTION.—Subsection (a) shall not apply if
20 the Secretary of the Army certifies to the congressional
21 defense committees that in proposing the relocation of the
22 unit of the Army, the Secretary complied with Army Regu-
23 lation 5–10 relating to the policy, procedures, and respon-
24 sibilities for Army stationing actions.
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1089
1 SEC. 126. Amounts appropriated or otherwise made
2 available in an account funded under the headings in this
3 title may be transferred among projects and activities
4 within the account in accordance with the reprogramming
5 guidelines for military construction and family housing
6 construction contained in Department of Defense Finan-
7 cial Management Regulation 7000.14–R, Volume 3, Chap-
8 ter 7, of February 2009, as in effect on the date of enact-
9 ment of this Act.
10 SEC. 127. None of the funds made available in this
11 title may be obligated or expended for planning and design
12 and construction of projects at Arlington National Ceme-
13 tery.
14 SEC. 128. None of the funds appropriated or other-
15 wise made available by this Act may be used for decom-
16 missioning the Combined Heat and Power Plant at Clear
17 Air Force Station, Alaska, until the Comptroller General
18 of the United States conducts a review of the data used
19 by the Department of Defense, including data in the Envi-
20 ronmental Impact Statement and Fiscal Year 2010 Feasi-
21 bility Study, to determine whether decommissioning the
22 Combined Heat and Power Plant is the most cost-effective
23 and beneficial option for the day-to-day operations and
24 missions at the installation in support of United States
25 national security.
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1090
1 SEC. 129. Notwithstanding section 116, the Sec-
2 retary of Army may obligate from any available military
3 construction funds such additional funds that the Sec-
4 retary determines are necessary to complete the Explosive
5 Research and Development Loading Facility, Picatinny
6 Arsenal, New Jersey.
7 (INCLUDING RESCISSION OF FUNDS)
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1091
1 global war on terrorism or as an emergency requirement),
2 $39,700,000 are hereby rescinded.
3 (INCLUDING RESCISSION OF FUNDS)
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1092
1 TITLE II
2 DEPARTMENT OF VETERANS AFFAIRS
3 VETERANS BENEFITS ADMINISTRATION
4 COMPENSATION AND PENSIONS
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1093
1 essary expenses in implementing the provisions of chapters
2 51, 53, and 55 of title 38, United States Code, the funding
3 source for which is specifically provided as the ‘‘Com-
4 pensation and Pensions’’ appropriation: Provided further,
5 That such sums as may be earned on an actual qualifying
6 patient basis, shall be reimbursed to ‘‘Medical Care Collec-
7 tions Fund’’ to augment the funding of individual medical
8 facilities for nursing home care provided to pensioners as
9 authorized.
10 READJUSTMENT BENEFITS
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1094
1 erans insurance, and veterans mortgage life insurance as
2 authorized by chapters 19 and 21, title 38, United States
3 Code, $77,567,000, to remain available until expended.
4 VETERANS HOUSING BENEFIT PROGRAM FUND
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1095
1 In addition, for administrative expenses necessary to
2 carry out the direct loan program, $354,000, which may
3 be paid to the appropriation for ‘‘General Operating Ex-
4 penses, Veterans Benefits Administration’’.
5 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
6 ACCOUNT
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1096
1 Services Act of 2010 (Public Law 111–163; 124 Stat.
2 1174; 38 U.S.C. 7681 note), and hospital care and med-
3 ical services authorized by section 1787 of title 38, United
4 States Code; $40,000,000, which shall be in addition to
5 funds previously appropriated under this heading that be-
6 came available on October 1, 2013; and, in addition,
7 $45,015,527,000, plus reimbursements, shall become
8 available on October 1, 2014, and shall remain available
9 until September 30, 2015: Provided, That notwithstanding
10 any other provision of law, the Secretary of Veterans Af-
11 fairs shall establish a priority for the provision of medical
12 treatment for veterans who have service-connected disabil-
13 ities, lower income, or have special needs: Provided further,
14 That notwithstanding any other provision of law, the Sec-
15 retary of Veterans Affairs shall give priority funding for
16 the provision of basic medical benefits to veterans in en-
17 rollment priority groups 1 through 6: Provided further,
18 That notwithstanding any other provision of law, the Sec-
19 retary of Veterans Affairs may authorize the dispensing
20 of prescription drugs from Veterans Health Administra-
21 tion facilities to enrolled veterans with privately written
22 prescriptions based on requirements established by the
23 Secretary: Provided further, That the implementation of
24 the program described in the previous proviso shall incur
25 no additional cost to the Department of Veterans Affairs.
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1097
1 MEDICAL SUPPORT AND COMPLIANCE
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1098
1 ment, not otherwise provided for, either by contract or by
2 the hire of temporary employees and purchase of mate-
3 rials; for leases of facilities; and for laundry services;
4 $85,000,000 which shall be in addition to funds previously
5 appropriated under this heading that became available on
6 October 1, 2013; and, in addition, $4,739,000,000, plus
7 reimbursements, shall become available on October 1,
8 2014, and shall remain available until September 30,
9 2015.
10 MEDICAL AND PROSTHETIC RESEARCH
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1099
1 of which not to exceed $25,000,000 shall remain available
2 until September 30, 2015.
3 DEPARTMENTAL ADMINISTRATION
4 GENERAL ADMINISTRATION
22 ADMINISTRATION
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1100
1 of the General Services Administration for security guard
2 services, and reimbursement of the Department of De-
3 fense for the cost of overseas employee mail,
4 $2,465,490,000: Provided, That expenses for services and
5 assistance authorized under paragraphs (1), (2), (5), and
6 (11) of section 3104(a) of title 38, United States Code,
7 that the Secretary of Veterans Affairs determines are nec-
8 essary to enable entitled veterans: (1) to the maximum ex-
9 tent feasible, to become employable and to obtain and
10 maintain suitable employment; or (2) to achieve maximum
11 independence in daily living, shall be charged to this ac-
12 count: Provided further, That of the funds made available
13 under this heading, not to exceed $123,000,000 shall re-
14 main available until September 30, 2015.
15 INFORMATION TECHNOLOGY SYSTEMS
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1101
1 vided, That $1,026,400,000 shall be for pay and associ-
2 ated costs, of which not to exceed $30,792,000 shall re-
3 main available until September 30, 2015: Provided further,
4 That $2,181,653,000 shall be for operations and mainte-
5 nance, of which not to exceed $151,316,000 shall remain
6 available until September 30, 2015: Provided further, That
7 $495,291,000 shall be for information technology systems
8 development, modernization, and enhancement, and shall
9 remain available until September 30, 2015: Provided fur-
10 ther, That amounts made available for information tech-
11 nology systems development, modernization, and enhance-
12 ment may not be obligated or expended until the Secretary
13 of Veterans Affairs or the Chief Information Officer of
14 the Department of Veterans Affairs submits to the Com-
15 mittees on Appropriations of both Houses of Congress a
16 certification of the amounts, in parts or in full, to be obli-
17 gated and expended for each development project: Pro-
18 vided further, That amounts made available for salaries
19 and expenses, operations and maintenance, and informa-
20 tion technology systems development, modernization, and
21 enhancement may be transferred among the three sub-
22 accounts after the Secretary of Veterans Affairs requests
23 from the Committees on Appropriations of both Houses
24 of Congress the authority to make the transfer and an
25 approval is issued: Provided further, That amounts made
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1102
1 available for the ‘‘Information Technology Systems’’ ac-
2 count for development, modernization, and enhancement
3 may be transferred among projects or to newly defined
4 projects: Provided further, That no project may be in-
5 creased or decreased by more than $1,000,000 of cost
6 prior to submitting a request to the Committees on Appro-
7 priations of both Houses of Congress to make the transfer
8 and an approval is issued, or absent a response, a period
9 of 30 days has elapsed: Provided further, That funds under
10 this heading may be used by the Interagency Program Of-
11 fice through the Department of Veterans Affairs to de-
12 velop a standard data reference terminology model: Pro-
13 vided further, That of the funds provided for information
14 technology systems development, modernization, and en-
15 hancement for VistA Evolution, not more than 25 percent
16 may be obligated until the Secretary of the Department
17 of Veterans Affairs submits to the Committees on Appro-
18 priations of both Houses of Congress, and such Commit-
19 tees approve, a plan for expenditure that: (1) defines the
20 budget and cost for full operating capability and the total
21 life cycle cost of the project; (2) identifies the deployment
22 timeline, including benchmarks, for full operating capa-
23 bility; (3) describes how VistA Evolution will adhere to
24 data standardization as defined by the Interagency Pro-
25 gram Office and how testing will be conducted in order
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1103
1 to ensure interoperability between current and future De-
2 partment of Veterans Affairs and Department of Defense
3 electronic health record systems; (4) has been submitted
4 to the Government Accountability Office for review; and
5 (5) complies with the acquisition rules, requirements,
6 guidelines, and systems acquisition management practices
7 of the Federal Government: Provided further, That the
8 funds made available under this heading for information
9 technology systems development, modernization, and en-
10 hancement, shall be for the projects, and in the amounts,
11 specified under this heading in the explanatory statement
12 described in section 4 (in the matter preceding division
13 A of this consolidated Act).
14 OFFICE OF INSPECTOR GENERAL
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1104
1 CONSTRUCTION, MAJOR PROJECTS
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1105
1 activities funded through the design fund, including needs
2 assessments which may or may not lead to capital invest-
3 ments, and salaries and associated costs of the resident
4 engineers who oversee those capital investments funded
5 through this account, and funds provided for the purchase
6 of land for the National Cemetery Administration through
7 the land acquisition line item, none of the funds made
8 available under this heading shall be used for any project
9 which has not been approved by the Congress in the budg-
10 etary process: Provided further, That funds made available
11 under this heading for fiscal year 2014, for each approved
12 project shall be obligated: (1) by the awarding of a con-
13 struction documents contract by September 30, 2014; and
14 (2) by the awarding of a construction contract by Sep-
15 tember 30, 2015: Provided further, That the Secretary of
16 Veterans Affairs shall promptly submit to the Committees
17 on Appropriations of both Houses of Congress a written
18 report on any approved major construction project for
19 which obligations are not incurred within the time limita-
20 tions established above.
21 CONSTRUCTION, MINOR PROJECTS
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1106
1 which may lead to capital investments, architectural and
2 engineering services, maintenance or guarantee period
3 services costs associated with equipment guarantees pro-
4 vided under the project, services of claims analysts, offsite
5 utility and storm drainage system construction costs, and
6 site acquisition, or for any of the purposes set forth in
7 sections 316, 2404, 2406, and chapter 81 of title 38,
8 United States Code, not otherwise provided for, where the
9 estimated cost of a project is equal to or less than the
10 amount set forth in section 8104(a)(3)(A) of title 38,
11 United States Code, $714,870,000, to remain available
12 until September 30, 2018, along with unobligated balances
13 of previous ‘‘Construction, Minor Projects’’ appropriations
14 which are hereby made available for any project where the
15 estimated cost is equal to or less than the amount set forth
16 in such section: Provided, That funds made available
17 under this heading shall be for: (1) repairs to any of the
18 nonmedical facilities under the jurisdiction or for the use
19 of the Department which are necessary because of loss or
20 damage caused by any natural disaster or catastrophe;
21 and (2) temporary measures necessary to prevent or to
22 minimize further loss by such causes.
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1107
1 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE
2 FACILITIES
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1108
1 issue an approval, or absent a response, a period of 30
2 days has elapsed.
3 (INCLUDING TRANSFER OF FUNDS)
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1109
1 mittees on Appropriations of both Houses of Congress the
2 authority to make the transfer and an approval is issued.
3 SEC. 203. Appropriations available in this title for
4 salaries and expenses shall be available for services au-
5 thorized by section 3109 of title 5, United States Code;
6 hire of passenger motor vehicles; lease of a facility or land
7 or both; and uniforms or allowances therefore, as author-
8 ized by sections 5901 through 5902 of title 5, United
9 States Code.
10 SEC. 204. No appropriations in this title (except the
11 appropriations for ‘‘Construction, Major Projects’’ and
12 ‘‘Construction, Minor Projects’’) shall be available for the
13 purchase of any site for or toward the construction of any
14 new hospital or home.
15 SEC. 205. No appropriations in this title shall be
16 available for hospitalization or examination of any persons
17 (except beneficiaries entitled to such hospitalization or ex-
18 amination under the laws providing such benefits to vet-
19 erans, and persons receiving such treatment under sec-
20 tions 7901 through 7904 of title 5, United States Code,
21 or the Robert T. Stafford Disaster Relief and Emergency
22 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim-
23 bursement of the cost of such hospitalization or examina-
24 tion is made to the ‘‘Medical Services’’ account at such
25 rates as may be fixed by the Secretary of Veterans Affairs.
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1110
1 SEC. 206. Appropriations available in this title for
2 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’,
3 and ‘‘Veterans Insurance and Indemnities’’ shall be avail-
4 able for payment of prior year accrued obligations re-
5 quired to be recorded by law against the corresponding
6 prior year accounts within the last quarter of fiscal year
7 2013.
8 SEC. 207. Appropriations available in this title shall
9 be available to pay prior year obligations of corresponding
10 prior year appropriations accounts resulting from sections
11 3328(a), 3334, and 3712(a) of title 31, United States
12 Code, except that if such obligations are from trust fund
13 accounts they shall be payable only from ‘‘Compensation
14 and Pensions’’.
15 (INCLUDING TRANSFER OF FUNDS)
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1111
1 the cost of administration of the insurance programs fi-
2 nanced through those accounts: Provided, That reimburse-
3 ment shall be made only from the surplus earnings accu-
4 mulated in such an insurance program during fiscal year
5 2014 that are available for dividends in that program after
6 claims have been paid and actuarially determined reserves
7 have been set aside: Provided further, That if the cost of
8 administration of such an insurance program exceeds the
9 amount of surplus earnings accumulated in that program,
10 reimbursement shall be made only to the extent of such
11 surplus earnings: Provided further, That the Secretary
12 shall determine the cost of administration for fiscal year
13 2014 which is properly allocable to the provision of each
14 such insurance program and to the provision of any total
15 disability income insurance included in that insurance pro-
16 gram.
17 SEC. 209. Amounts deducted from enhanced-use
18 lease proceeds to reimburse an account for expenses in-
19 curred by that account during a prior fiscal year for pro-
20 viding enhanced-use lease services, may be obligated dur-
21 ing the fiscal year in which the proceeds are received.
22 (INCLUDING TRANSFER OF FUNDS)
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1112
1 ment of the Department of Veterans Affairs and the Of-
2 fice of Employment Discrimination Complaint Adjudica-
3 tion under section 319 of title 38, United States Code,
4 for all services provided at rates which will recover actual
5 costs but not to exceed $42,904,000 for the Office of Reso-
6 lution Management and $3,360,000 for the Office of Em-
7 ployment Discrimination Complaint Adjudication: Pro-
8 vided, That payments may be made in advance for services
9 to be furnished based on estimated costs: Provided further,
10 That amounts received shall be credited to the ‘‘General
11 Administration’’ and ‘‘Information Technology Systems’’
12 accounts for use by the office that provided the service.
13 SEC. 211. No appropriations in this title shall be
14 available to enter into any new lease of real property if
15 the estimated annual rental cost is more than $1,000,000,
16 unless the Secretary submits a report which the Commit-
17 tees on Appropriations of both Houses of Congress ap-
18 prove within 30 days following the date on which the re-
19 port is received.
20 SEC. 212. No funds of the Department of Veterans
21 Affairs shall be available for hospital care, nursing home
22 care, or medical services provided to any person under
23 chapter 17 of title 38, United States Code, for a non-serv-
24 ice-connected disability described in section 1729(a)(2) of
25 such title, unless that person has disclosed to the Sec-
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1113
1 retary of Veterans Affairs, in such form as the Secretary
2 may require, current, accurate third-party reimbursement
3 information for purposes of section 1729 of such title: Pro-
4 vided, That the Secretary may recover, in the same man-
5 ner as any other debt due the United States, the reason-
6 able charges for such care or services from any person who
7 does not make such disclosure as required: Provided fur-
8 ther, That any amounts so recovered for care or services
9 provided in a prior fiscal year may be obligated by the
10 Secretary during the fiscal year in which amounts are re-
11 ceived.
12 (INCLUDING TRANSFER OF FUNDS)
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1114
1 (1) for furnishing recreational facilities, sup-
2 plies, and equipment; and
3 (2) for funeral expenses, burial expenses, and
4 other expenses incidental to funerals and burials for
5 beneficiaries receiving care in the Department.
6 (INCLUDING TRANSFER OF FUNDS)
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1115
1 Claims Settlement Act, as amended (43 U.S.C. 1606), and
2 those lands within the Alaska Native regions specified in
3 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
4 Settlement Act, as amended (43 U.S.C. 1606), which are
5 not within the boundaries of the municipality of Anchor-
6 age, the Fairbanks North Star Borough, the Kenai Penin-
7 sula Borough or the Matanuska Susitna Borough.
8 (INCLUDING TRANSFER OF FUNDS)
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1116
1 (INCLUDING TRANSFER OF FUNDS)
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1117
1 percent of the funds made available shall be obligated dur-
2 ing the last 2 months of that fiscal year: Provided, That
3 the Secretary may waive this requirement after providing
4 written notice to the Committees on Appropriations of
5 both Houses of Congress.
6 (INCLUDING TRANSFER OF FUNDS)
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1118
1 Committees on Appropriations of both Houses of Con-
2 gress.
3 (INCLUDING TRANSFER OF FUNDS)
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1119
1 United States Code, to remain available until expended,
2 for any purpose authorized by section 8111 of title 38,
3 United States Code.
4 (INCLUDING RESCISSIONS OF FUNDS)
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1120
1 SEC. 227. The Secretary of the Department of Vet-
2 erans Affairs shall notify the Committees on Appropria-
3 tions of both Houses of Congress of all bid savings in
4 major construction projects that total at least $5,000,000,
5 or 5 percent of the programmed amount of the project,
6 whichever is less: Provided, That such notification shall
7 occur within 14 days of a contract identifying the pro-
8 grammed amount: Provided further, That the Secretary
9 shall notify the Committees on Appropriations of both
10 Houses of Congress 14 days prior to the obligation of such
11 bid savings and shall describe the anticipated use of such
12 savings.
13 SEC. 228. The scope of work for a project included
14 in ‘‘Construction, Major Projects’’ may not be increased
15 above the scope specified for that project in the original
16 justification data provided to the Congress as part of the
17 request for appropriations.
18 SEC. 229. The Secretary of the Department of Vet-
19 erans Affairs shall provide on a quarterly basis to the
20 Committees on Appropriations of both Houses of Congress
21 notification of any single national outreach and awareness
22 marketing campaign in which obligations exceed
23 $2,000,000.
24 SEC. 230. The Secretary of Veterans Affairs shall
25 submit to the Committees on Appropriations of both
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1121
1 Houses of Congress a quarterly report that contains the
2 following information from each Veterans Benefits Admin-
3 istration Regional Office: (1) the average time to complete
4 a disability compensation claim; (2) the number of claims
5 pending more than 125 days; (3) error rates; (4) the num-
6 ber of claims personnel; (5) any corrective action taken
7 within the quarter to address poor performance; (6) train-
8 ing programs undertaken; and (7) the number and results
9 of Quality Review Team audits: Provided, That each quar-
10 terly report shall be submitted no later than 30 days after
11 the end of the respective quarter.
12 SEC. 231. The Secretary shall submit to the Commit-
13 tees on Appropriations of both Houses of Congress a re-
14 programming request if at any point during fiscal year
15 2014, the funding allocated for a medical care initiative
16 identified in the fiscal year 2014 expenditure plan is ad-
17 justed by more than $25,000,000 from the allocation
18 shown in the corresponding congressional budget justifica-
19 tion. Such a reprogramming request may go forward only
20 if the Committees on Appropriations of both Houses of
21 Congress approve the request or if a period of 14 days
22 has elapsed.
23 SEC. 232. Of the funds provided to the Department
24 of Veterans Affairs for fiscal year 2014 for ‘‘Medical Serv-
25 ices’’ and ‘‘Medical Support and Compliance’’, a maximum
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1122
1 of $1,139,000 may be obligated from the ‘‘Medical Serv-
2 ices’’ account and a maximum of $69,804,000 may be ob-
3 ligated from the ‘‘Medical Support and Compliance’’ ac-
4 count for the VistA Evolution and electronic health record
5 interoperability projects: Provided, That funds in addition
6 to these amounts may be obligated for the VistA Evolution
7 and electronic health record interoperability projects upon
8 written notification by the Secretary of Veterans Affairs
9 to the Committees on Appropriations of both Houses of
10 Congress.
11 SEC. 233. The Secretary of Veterans Affairs shall
12 provide written notification to the Committees on Appro-
13 priations of both Houses of Congress 15 days prior to or-
14 ganizational changes which result in the transfer of 25 or
15 more full-time equivalents from one organizational unit of
16 the Department of Veterans Affairs to another.
17 (INCLUDING RESCISSION OF FUNDS)
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1123
1 TITLE III
2 RELATED AGENCIES
3 AMERICAN BATTLE MONUMENTS COMMISSION
4 SALARIES AND EXPENSES
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1124
1 UNITED STATES COURT OF APPEALS FOR VETERANS
2 CLAIMS
3 SALARIES AND EXPENSES
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1125
1 of Department of Defense Real Property for Defense
2 Agencies’’ account.
3 ARMED FORCES RETIREMENT HOME
4 TRUST FUND
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1126
1 TITLE IV
2 GENERAL PROVISIONS
3 SEC. 401. No part of any appropriation contained in
4 this Act shall remain available for obligation beyond the
5 current fiscal year unless expressly so provided herein.
6 SEC. 402. None of the funds made available in this
7 Act may be used for any program, project, or activity,
8 when it is made known to the Federal entity or official
9 to which the funds are made available that the program,
10 project, or activity is not in compliance with any Federal
11 law relating to risk assessment, the protection of private
12 property rights, or unfunded mandates.
13 SEC. 403. No part of any funds appropriated in this
14 Act shall be used by an agency of the executive branch,
15 other than for normal and recognized executive-legislative
16 relationships, for publicity or propaganda purposes, and
17 for the preparation, distribution, or use of any kit, pam-
18 phlet, booklet, publication, radio, television, or film presen-
19 tation designed to support or defeat legislation pending
20 before Congress, except in presentation to Congress itself.
21 SEC. 404. All departments and agencies funded under
22 this Act are encouraged, within the limits of the existing
23 statutory authorities and funding, to expand their use of
24 ‘‘E-Commerce’’ technologies and procedures in the con-
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1127
1 duct of their business practices and public service activi-
2 ties.
3 SEC. 405. Unless stated otherwise, all reports and no-
4 tifications required by this Act shall be submitted to the
5 Subcommittee on Military Construction and Veterans Af-
6 fairs, and Related Agencies of the Committee on Appro-
7 priations of the House of Representatives and the Sub-
8 committee on Military Construction and Veterans Affairs,
9 and Related Agencies of the Committee on Appropriations
10 of the Senate.
11 SEC. 406. None of the funds made available in this
12 Act may be transferred to any department, agency, or in-
13 strumentality of the United States Government except
14 pursuant to a transfer made by, or transfer authority pro-
15 vided in, this or any other appropriations Act.
16 SEC. 407. None of the funds made available in this
17 Act may be used for a project or program named for an
18 individual serving as a Member, Delegate, or Resident
19 Commissioner of the United States House of Representa-
20 tives.
21 SEC. 408. (a) Any agency receiving funds made avail-
22 able in this Act, shall, subject to subsections (b) and (c),
23 post on the public Web site of that agency any report re-
24 quired to be submitted by the Congress in this or any
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1128
1 other Act, upon the determination by the head of the agen-
2 cy that it shall serve the national interest.
3 (b) Subsection (a) shall not apply to a report if—
4 (1) the public posting of the report com-
5 promises national security; or
6 (2) the report contains confidential or propri-
7 etary information.
8 (c) The head of the agency posting such report shall
9 do so only after such report has been made available to
10 the requesting Committee or Committees of Congress for
11 no less than 45 days.
12 SEC. 409. (a) None of the funds made available in
13 this Act may be used to maintain or establish a computer
14 network unless such network blocks the viewing,
15 downloading, and exchanging of pornography.
16 (b) Nothing in subsection (a) shall limit the use of
17 funds necessary for any Federal, State, tribal, or local law
18 enforcement agency or any other entity carrying out crimi-
19 nal investigations, prosecution, or adjudication activities.
20 SEC. 410. None of the funds made available in this
21 Act may be distributed to the Association of Community
22 Organizations for Reform Now (ACORN) or its subsidi-
23 aries or successors.
24 SEC. 411. None of the funds made available in this
25 Act may be used by an agency of the executive branch
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1129
1 to pay for first-class travel by an employee of the agency
2 in contravention of sections 301–10.122 through 301–
3 10.124 of title 41, Code of Federal Regulations.
4 SEC. 412. (a) IN GENERAL.—None of the funds ap-
5 propriated or otherwise made available to the Department
6 of Defense in this Act may be used to construct, renovate,
7 or expand any facility in the United States, its territories,
8 or possessions to house any individual detained at United
9 States Naval Station, Guantánamo Bay, Cuba, for the
10 purposes of detention or imprisonment in the custody or
11 under the control of the Department of Defense.
12 (b) The prohibition in subsection (a) shall not apply
13 to any modification of facilities at United States Naval
14 Station, Guantánamo Bay, Cuba.
15 (c) An individual described in this subsection is any
16 individual who, as of June 24, 2009, is located at United
17 States Naval Station, Guantánamo Bay, Cuba, and who—
18 (1) is not a citizen of the United States or a
19 member of the Armed Forces of the United States;
20 and
21 (2) is—
22 (A) in the custody or under the effective
23 control of the Department of Defense; or
24 (B) otherwise under detention at United
25 States Naval Station, Guantánamo Bay, Cuba.
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1130
1 SEC. 413. None of the funds made available in this
2 Act may be used to execute a contract for goods or serv-
3 ices, including construction services, where the contractor
4 has not complied with Executive Order No. 12989.
5 SEC. 414. None of the funds made available by this
6 Act may be used to enter into a contract, memorandum
7 of understanding, or cooperative agreement with, make a
8 grant to, or provide a loan or loan guarantee to, any cor-
9 poration that was convicted of a felony criminal violation
10 under any Federal law within the preceding 24 months,
11 where the awarding agency is aware of the conviction, un-
12 less the agency has considered suspension or debarment
13 of the corporation and has made a determination that this
14 further action is not necessary to protect the interests of
15 the Government.
16 SEC. 415. None of the funds made available by this
17 Act may be used to enter into a contract, memorandum
18 of understanding, or cooperative agreement with, make a
19 grant to, or provide a loan or loan guarantee to, any cor-
20 poration that has any unpaid Federal tax liability that has
21 been assessed, for which all judicial and administrative
22 remedies have been exhausted or have lapsed, and that
23 is not being paid in a timely manner pursuant to an agree-
24 ment with the authority responsible for collecting the tax
25 liability, where the awarding agency is aware of the unpaid
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1131
1 tax liability, unless the agency has considered suspension
2 or debarment of the corporation and has made a deter-
3 mination that this further action is not necessary to pro-
4 tect the interests of the Government.
5 SEC. 416. None of the funds made available by this
6 Act may be used by the Department of Defense or the
7 Department of Veterans Affairs to lease or purchase new
8 light duty vehicles for any executive fleet, or for an agen-
9 cy’s fleet inventory, except in accordance with Presidential
10 Memorandum—Federal Fleet Performance, dated May
11 24, 2011.
12 This division may be cited as the ‘‘Military Construc-
13 tion and Veterans Affairs, and Related Agencies Appro-
14 priations Act, 2014’’.
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1132
1 DIVISION K—DEPARTMENT OF STATE,
2 FOREIGN OPERATIONS, AND RELATED
3 PROGRAMS APPROPRIATIONS ACT,
4 2014
5 TITLE I
6 DEPARTMENT OF STATE AND RELATED
7 AGENCY
8 DEPARTMENT OF STATE
9 ADMINISTRATION OF FOREIGN AFFAIRS
10 DIPLOMATIC AND CONSULAR PROGRAMS
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1133
1 mation and Educational Exchange Act of 1948,
2 $2,360,312,000, of which not less than
3 $131,713,000 shall be available only for public diplo-
4 macy American salaries, and up to $255,866,000 is
5 for Worldwide Security Protection.
6 (2) OVERSEAS PROGRAMS.—For necessary ex-
7 penses for the regional bureaus of the Department
8 of State and overseas activities as authorized by law,
9 $1,760,255,000, of which not less than
10 $369,589,000 shall be available only for public diplo-
11 macy international information programs.
12 (3) DIPLOMATIC POLICY AND SUPPORT.—For
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1134
1 (5) FEES AND PAYMENTS COLLECTED.—In ad-
2 dition to amounts otherwise made available under
3 this heading—
4 (A) not to exceed $1,806,600 shall be de-
5 rived from fees collected from other executive
6 agencies for lease or use of facilities located at
7 the International Center in accordance with sec-
8 tion 4 of the International Center Act, and, in
9 addition, as authorized by section 5 of such
10 Act, $520,150, to be derived from the reserve
11 authorized by that section, to be used for the
12 purposes set out in that section;
13 (B) as authorized by section 810 of the
14 United States Information and Educational Ex-
15 change Act, not to exceed $5,000,000, to re-
16 main available until expended, may be credited
17 to this appropriation from fees or other pay-
18 ments received from English teaching, library,
19 motion pictures, and publication programs and
20 from fees from educational advising and coun-
21 seling and exchange visitor programs; and
22 (C) not to exceed $15,000, which shall be
23 derived from reimbursements, surcharges, and
24 fees for use of Blair House facilities.
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1135
1 (6) TRANSFER, REPROGRAMMING, AND OTHER
2 MATTERS.—
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1136
1 ations’’ in title I of prior acts making appro-
2 priations for the Department of State, foreign
3 operations, and related programs.
4 (E) None of the funds appropriated under
5 this heading may be used for the preservation
6 of religious sites unless the Secretary of State
7 determines and reports to the Committees on
8 Appropriations that such sites are historically,
9 artistically, or culturally significant, that the
10 purpose of the project is neither to advance nor
11 to inhibit the free exercise of religion, and that
12 the project is in the national interest of the
13 United States.
14 CAPITAL INVESTMENT FUND
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1137
1 funds appropriated under this heading, $10,400,000 may
2 remain available until September 30, 2015.
3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
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1138
1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
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1139
1 on Appropriations the proposed allocation of funds made
2 available under this heading and the actual and antici-
3 pated proceeds of sales for all projects in fiscal year 2014.
4 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
5 SERVICE
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1140
1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
2 DISABILITY FUND
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1141
1 United States, including from the United Nations Tax
2 Equalization Fund (TEF), and provide updated fiscal year
3 2015 assessment costs including offsets from available
4 TEF credits and updated foreign currency exchange rates:
5 Provided further, That any such credits shall only be avail-
6 able for United States assessed contributions to the
7 United Nations and shall be subject to the regular notifi-
8 cation procedures of the Committees on Appropriations:
9 Provided further, That any payment of arrearages under
10 this heading shall be directed toward activities that are
11 mutually agreed upon by the United States and the re-
12 spective international organization: Provided further, That
13 none of the funds appropriated under this heading shall
14 be available for a United States contribution to an inter-
15 national organization for the United States share of inter-
16 est costs made known to the United States Government
17 by such organization for loans incurred on or after Octo-
18 ber 1, 1984, through external borrowings.
19 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
20 ACTIVITIES
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1142
1 none of the funds made available by this Act shall be obli-
2 gated or expended for any new or expanded United Na-
3 tions peacekeeping mission unless, at least 15 days in ad-
4 vance of voting for the new or expanded mission in the
5 United Nations Security Council (or in an emergency as
6 far in advance as is practicable), the Committees on Ap-
7 propriations are notified: (1) of the estimated cost and du-
8 ration of the mission, the national interest that will be
9 served, and the exit strategy; (2) that the United Nations
10 has in place measures to prevent United Nations employ-
11 ees, contractor personnel, and peacekeeping troops serving
12 in the mission from trafficking in persons, exploiting vic-
13 tims of trafficking, or committing acts of illegal sexual ex-
14 ploitation or other violations of human rights, and to bring
15 to justice individuals who engage in such acts while par-
16 ticipating in the peacekeeping mission, including prosecu-
17 tion in their home countries of such individuals in connec-
18 tion with such acts, and to make information about such
19 cases publicly available in the country where an alleged
20 crime occurs and on the United Nations’ Web site; and
21 (3) pursuant to section 7015 of this Act and the proce-
22 dures therein followed, of the source of funds that will be
23 used to pay the cost of the new or expanded mission: Pro-
24 vided further, That funds shall be available for peace-
25 keeping expenses unless the Secretary of State determines
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1143
1 that American manufacturers and suppliers are not being
2 given opportunities to provide equipment, services, and
3 material for United Nations peacekeeping activities equal
4 to those being given to foreign manufacturers and sup-
5 pliers: Provided further, That the Secretary of State shall
6 work with the United Nations and foreign governments
7 contributing peacekeeping troops to implement effective
8 vetting procedures to ensure that such troops have not vio-
9 lated human rights: Provided further, That none of the
10 funds appropriated or otherwise made available under this
11 heading may be used for any United Nations peacekeeping
12 mission that will involve United States Armed Forces
13 under the command or operational control of a foreign na-
14 tional, unless the President’s military advisors have sub-
15 mitted to the President a recommendation that such in-
16 volvement is in the national interests of the United States
17 and the President has submitted to the Congress such a
18 recommendation: Provided further, That the Secretary of
19 State shall report to the Committees on Appropriations
20 any credits available to the United States, including those
21 resulting from United Nations peacekeeping missions or
22 the United Nations Tax Equalization Fund: Provided fur-
23 ther, That any such credits shall only be available for
24 United States assessed contributions to the United Na-
25 tions and shall be subject to the regular notification proce-
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1144
1 dures of the Committees on Appropriations: Provided fur-
2 ther, That notwithstanding any other provision of law,
3 funds appropriated or otherwise made available under this
4 heading shall be available for United States assessed con-
5 tributions up to the amount specified in Annex IV accom-
6 panying United Nations General Assembly Resolution 64/
7 220: Provided further, That such funds may be made
8 available above the amount authorized in section
9 404(b)(2)(B) of the Foreign Relations Authorization Act,
10 fiscal years 1994 and 1995 (22 U.S.C. 287e note) only
11 if the Secretary of State determines and reports to the
12 appropriate congressional committees that it is important
13 to the national interest of the United States.
14 INTERNATIONAL COMMISSIONS
15 For necessary expenses, not otherwise provided for,
16 to meet obligations of the United States arising under
17 treaties, or specific Acts of Congress, as follows:
18 INTERNATIONAL BOUNDARY AND WATER COMMISSION,
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1145
1 SALARIES AND EXPENSES
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1146
1 RELATED AGENCY
2 BROADCASTING BOARD OF GOVERNORS
3 INTERNATIONAL BROADCASTING OPERATIONS
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1147
1 September 30, 2014: Provided further, That the BBG
2 shall notify the Committees on Appropriations within 15
3 days of any determination by the Board that any of its
4 broadcast entities, including its grantee organizations,
5 provides an open platform for international terrorists or
6 those who support international terrorism, or is in viola-
7 tion of the principles and standards set forth in sub-
8 sections (a) and (b) of section 303 of the United States
9 International Broadcasting Act of 1994 (22 U.S.C. 6202)
10 or the entity’s journalistic code of ethics: Provided further,
11 That significant modifications to BBG broadcast hours
12 previously justified to Congress, including changes to
13 transmission platforms (shortwave, medium wave, sat-
14 ellite, Internet, and television), for all BBG language serv-
15 ices shall be subject to the regular notification procedures
16 of the Committees on Appropriations: Provided further,
17 That in addition to funds made available under this head-
18 ing, and notwithstanding any other provision of law, up
19 to $2,000,000 in receipts from advertising and revenue
20 from business ventures, up to $500,000 in receipts from
21 cooperating international organizations, and up to
22 $1,000,000 in receipts from privatization efforts of the
23 Voice of America and the International Broadcasting Bu-
24 reau, shall remain available until expended for carrying
25 out authorized purposes.
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1148
1 BROADCASTING CAPITAL IMPROVEMENTS
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1149
1 State, the Judiciary, and Related Agencies Appropriations
2 Act, 2004 (22 U.S.C. 2078), the total amount of the inter-
3 est and earnings accruing to such Fund on or before Sep-
4 tember 30, 2014, to remain available until expended.
5 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
6 For necessary expenses of Eisenhower Exchange Fel-
7 lowships, Incorporated, as authorized by sections 4 and
8 5 of the Eisenhower Exchange Fellowship Act of 1990 (20
9 U.S.C. 5204–5205), all interest and earnings accruing to
10 the Eisenhower Exchange Fellowship Program Trust
11 Fund on or before September 30, 2014, to remain avail-
12 able until expended: Provided, That none of the funds ap-
13 propriated herein shall be used to pay any salary or other
14 compensation, or to enter into any contract providing for
15 the payment thereof, in excess of the rate authorized by
16 5 U.S.C. 5376; or for purposes which are not in accord-
17 ance with OMB Circulars A–110 (Uniform Administrative
18 Requirements) and A–122 (Cost Principles for Non-profit
19 Organizations), including the restrictions on compensation
20 for personal services.
21 ISRAELI ARAB SCHOLARSHIP PROGRAM
22 For necessary expenses of the Israeli Arab Scholar-
23 ship Program, as authorized by section 214 of the Foreign
24 Relations Authorization Act, Fiscal Years 1992 and 1993
25 (22 U.S.C. 2452), all interest and earnings accruing to
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1150
1 the Israeli Arab Scholarship Fund on or before September
2 30, 2014, to remain available until expended.
3 EAST-WEST CENTER
4 To enable the Secretary of State to provide for car-
5 rying out the provisions of the Center for Cultural and
6 Technical Interchange Between East and West Act of
7 1960, by grant to the Center for Cultural and Technical
8 Interchange Between East and West in the State of Ha-
9 waii, $16,700,000: Provided, That none of the funds ap-
10 propriated herein shall be used to pay any salary, or enter
11 into any contract providing for the payment thereof, in
12 excess of the rate authorized by 5 U.S.C. 5376.
13 NATIONAL ENDOWMENT FOR DEMOCRACY
14 For grants made by the Department of State to the
15 National Endowment for Democracy, as authorized by the
16 National Endowment for Democracy Act, $135,000,000,
17 to remain available until expended, of which $100,000,000
18 shall be allocated in the traditional and customary man-
19 ner, including for the core institutes, and $35,000,000
20 shall be for democracy, human rights, and rule of law pro-
21 grams.
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1151
1 OTHER COMMISSIONS
2 COMMISSION FOR THE PRESERVATION OF AMERICA’S
3 HERITAGE ABROAD
4 SALARIES AND EXPENSES
9 RELIGIOUS FREEDOM
10 SALARIES AND EXPENSES
21 EUROPE
22 SALARIES AND EXPENSES
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1152
1 for representation expenses, to remain available until Sep-
2 tember 30, 2015.
3 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE
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1153
1 2014 and shall apply to funds appropriated under this
2 heading as if included in this Act.
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1154
1 TITLE II
2 UNITED STATES AGENCY FOR INTERNATIONAL
3 DEVELOPMENT
4 FUNDS APPROPRIATED TO THE PRESIDENT
5 OPERATING EXPENSES
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1155
1 out chapter 1 of part I of such Act to ‘‘Operating Ex-
2 penses’’ in accordance with the provisions of those sec-
3 tions: Provided further, That of the funds appropriated or
4 made available under this heading, not to exceed $250,000
5 may be available for representation and entertainment ex-
6 penses, of which not to exceed $5,000 may be available
7 for entertainment expenses, for USAID during the current
8 fiscal year.
9 CAPITAL INVESTMENT FUND
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1156
1 tion only pursuant to the regular notification procedures
2 of the Committees on Appropriations.
3 OFFICE OF INSPECTOR GENERAL
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1157
1 TITLE III
2 BILATERAL ECONOMIC ASSISTANCE
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 For necessary expenses to enable the President to
5 carry out the provisions of the Foreign Assistance Act of
6 1961, and for other purposes, as follows:
7 GLOBAL HEALTH PROGRAMS
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1158
1 grams for the prevention, treatment, control of, and re-
2 search on HIV/AIDS, tuberculosis, polio, malaria, and
3 other infectious diseases including neglected tropical dis-
4 eases, and for assistance to communities severely affected
5 by HIV/AIDS, including children infected or affected by
6 AIDS; and (6) family planning/reproductive health: Pro-
7 vided further, That funds appropriated under this para-
8 graph may be made available for a United States contribu-
9 tion to the GAVI Alliance: Provided further, That none
10 of the funds made available in this Act nor any unobli-
11 gated balances from prior appropriations Acts may be
12 made available to any organization or program which, as
13 determined by the President of the United States, sup-
14 ports or participates in the management of a program of
15 coercive abortion or involuntary sterilization: Provided fur-
16 ther, That any determination made under the previous
17 proviso must be made not later than 6 months after the
18 date of enactment of this Act, and must be accompanied
19 by the evidence and criteria utilized to make the deter-
20 mination: Provided further, That none of the funds made
21 available under this Act may be used to pay for the per-
22 formance of abortion as a method of family planning or
23 to motivate or coerce any person to practice abortions:
24 Provided further, That nothing in this paragraph shall be
25 construed to alter any existing statutory prohibitions
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1159
1 against abortion under section 104 of the Foreign Assist-
2 ance Act of 1961: Provided further, That none of the funds
3 made available under this Act may be used to lobby for
4 or against abortion: Provided further, That in order to re-
5 duce reliance on abortion in developing nations, funds
6 shall be available only to voluntary family planning
7 projects which offer, either directly or through referral to,
8 or information about access to, a broad range of family
9 planning methods and services, and that any such vol-
10 untary family planning project shall meet the following re-
11 quirements: (1) service providers or referral agents in the
12 project shall not implement or be subject to quotas, or
13 other numerical targets, of total number of births, number
14 of family planning acceptors, or acceptors of a particular
15 method of family planning (this provision shall not be con-
16 strued to include the use of quantitative estimates or indi-
17 cators for budgeting and planning purposes); (2) the
18 project shall not include payment of incentives, bribes,
19 gratuities, or financial reward to: (A) an individual in ex-
20 change for becoming a family planning acceptor; or (B)
21 program personnel for achieving a numerical target or
22 quota of total number of births, number of family planning
23 acceptors, or acceptors of a particular method of family
24 planning; (3) the project shall not deny any right or ben-
25 efit, including the right of access to participate in any pro-
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1160
1 gram of general welfare or the right of access to health
2 care, as a consequence of any individual’s decision not to
3 accept family planning services; (4) the project shall pro-
4 vide family planning acceptors comprehensible information
5 on the health benefits and risks of the method chosen, in-
6 cluding those conditions that might render the use of the
7 method inadvisable and those adverse side effects known
8 to be consequent to the use of the method; and (5) the
9 project shall ensure that experimental contraceptive drugs
10 and devices and medical procedures are provided only in
11 the context of a scientific study in which participants are
12 advised of potential risks and benefits; and, not less than
13 60 days after the date on which the USAID Administrator
14 determines that there has been a violation of the require-
15 ments contained in paragraph (1), (2), (3), or (5) of this
16 proviso, or a pattern or practice of violations of the re-
17 quirements contained in paragraph (4) of this proviso, the
18 Administrator shall submit to the Committees on Appro-
19 priations a report containing a description of such viola-
20 tion and the corrective action taken by the Agency: Pro-
21 vided further, That in awarding grants for natural family
22 planning under section 104 of the Foreign Assistance Act
23 of 1961 no applicant shall be discriminated against be-
24 cause of such applicant’s religious or conscientious com-
25 mitment to offer only natural family planning; and, addi-
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1161
1 tionally, all such applicants shall comply with the require-
2 ments of the previous proviso: Provided further, That for
3 purposes of this or any other Act authorizing or appro-
4 priating funds for the Department of State, foreign oper-
5 ations, and related programs, the term ‘‘motivate’’, as it
6 relates to family planning assistance, shall not be con-
7 strued to prohibit the provision, consistent with local law,
8 of information or counseling about all pregnancy options:
9 Provided further, That information provided about the use
10 of condoms as part of projects or activities that are funded
11 from amounts appropriated by this Act shall be medically
12 accurate and shall include the public health benefits and
13 failure rates of such use.
14 In addition, for necessary expenses to carry out the
15 provisions of the Foreign Assistance Act of 1961 for the
16 prevention, treatment, and control of, and research on,
17 HIV/AIDS, $5,670,000,000, to remain available until
18 September 30, 2018, which shall be apportioned directly
19 to the Department of State: Provided, That funds appro-
20 priated under this paragraph may be made available, not-
21 withstanding any other provision of law, except for the
22 United States Leadership Against HIV/AIDS, Tuber-
23 culosis and Malaria Act of 2003 (Public Law 108–25),
24 as amended, for a United States contribution to the Global
25 Fund to Fight AIDS, Tuberculosis and Malaria (Global
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1162
1 Fund), and shall be expended at the minimum rate nec-
2 essary to make timely payment for projects and activities:
3 Provided further, That the amount of such contribution
4 should be $1,650,000,000: Provided further, That up to
5 5 percent of the aggregate amount of funds made available
6 to the Global Fund in fiscal year 2014 may be made avail-
7 able to USAID for technical assistance related to the ac-
8 tivities of the Global Fund: Provided further, That the an-
9 nual report required by section 104(A)(f) of the Foreign
10 Assistance Act of 1961 shall also be submitted hereafter
11 to the Committees on Appropriations: Provided further,
12 That funds appropriated under this paragraph shall be
13 made available for a challenge grant pilot program: Pro-
14 vided further, That of the funds appropriated under this
15 paragraph, up to $14,250,000 may be made available, in
16 addition to amounts otherwise available for such purposes,
17 for administrative expenses of the Office of the United
18 States Global AIDS Coordinator.
19 DEVELOPMENT ASSISTANCE
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1163
1 shall be made available for the American Schools and Hos-
2 pitals Abroad program, and not less than $10,000,000
3 shall be made available for cooperative development pro-
4 grams of the United States Agency for International De-
5 velopment.
6 INTERNATIONAL DISASTER ASSISTANCE
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1164
1 to beginning a new program of assistance: Provided fur-
2 ther, That if the Secretary of State determines that it is
3 important to the national interests of the United States
4 to provide transition assistance in excess of the amount
5 appropriated under this heading, up to $15,000,000 of the
6 funds appropriated by this Act to carry out the provisions
7 of part I of the Foreign Assistance Act of 1961 may be
8 used for purposes of this heading and under the authori-
9 ties applicable to funds appropriated under this heading:
10 Provided further, That funds made available pursuant to
11 the previous proviso shall be made available subject to
12 prior consultation with the Committees on Appropriations.
13 COMPLEX CRISES FUND
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1165
1 funds appropriated under this heading may be made avail-
2 able notwithstanding any other provision of law, except
3 sections 7007, 7008, and 7018 of this Act and section
4 620M of the Foreign Assistance Act of 1961: Provided
5 further, That funds appropriated under this heading may
6 be used for administrative expenses, in addition to funds
7 otherwise made available for such purposes, except that
8 such expenses may not exceed 5 percent of the funds ap-
9 propriated under this heading: Provided further, That
10 funds appropriated under this heading shall be subject to
11 the regular notification procedures of the Committees on
12 Appropriations, except that such notifications shall be
13 transmitted at least 5 days prior to the obligation of
14 funds.
15 DEVELOPMENT CREDIT AUTHORITY
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1166
1 sistance Act of 1961 shall be made available only for
2 micro- and small enterprise programs, urban programs,
3 and other programs which further the purposes of part
4 I of such Act: Provided further, That such costs, including
5 the cost of modifying such direct and guaranteed loans,
6 shall be as defined in section 502 of the Congressional
7 Budget Act of 1974, as amended: Provided further, That
8 funds made available by this paragraph may be used for
9 the cost of modifying any such guaranteed loans under
10 this Act or prior Acts, and funds used for such costs shall
11 be subject to the regular notification procedures of the
12 Committees on Appropriations: Provided further, That the
13 provisions of section 107A(d) (relating to general provi-
14 sions applicable to the Development Credit Authority) of
15 the Foreign Assistance Act of 1961, as contained in sec-
16 tion 306 of H.R. 1486 as reported by the House Com-
17 mittee on International Relations on May 9, 1997, shall
18 be applicable to direct loans and loan guarantees provided
19 under this heading, except that the principal amount of
20 loans made or guaranteed under this heading with respect
21 to any single country shall not exceed $300,000,000: Pro-
22 vided further, That these funds are available to subsidize
23 total loan principal, any portion of which is to be guaran-
24 teed, of up to $1,500,000,000.
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1167
1 In addition, for administrative expenses to carry out
2 credit programs administered by USAID, $8,041,000,
3 which may be transferred to, and merged with, funds
4 made available under the heading ‘‘Operating Expenses’’
5 in title II of this Act: Provided, That funds made available
6 under this heading shall remain available until September
7 30, 2016.
8 ECONOMIC SUPPORT FUND
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1168
1 DEPARTMENT OF STATE
2 MIGRATION AND REFUGEE ASSISTANCE
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1169
1 UNITED STATES EMERGENCY REFUGEE AND MIGRATION
2 ASSISTANCE FUND
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1170
1 Provided further, That any decision to open, close, signifi-
2 cantly reduce, or suspend a domestic or overseas office or
3 country program shall be subject to prior consultation
4 with, and the regular notification procedures of, the Com-
5 mittees on Appropriations, except that prior consultation
6 and regular notification procedures may be waived when
7 there is a substantial security risk to volunteers or other
8 Peace Corps personnel, pursuant to section 7015(e) of this
9 Act: Provided further, That none of the funds appropriated
10 under this heading shall be used to pay for abortions.
11 MILLENNIUM CHALLENGE CORPORATION
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1171
1 section 609 of the MCA only if such Compact obligates,
2 or contains a commitment to obligate subject to the avail-
3 ability of funds and the mutual agreement of the parties
4 to the Compact to proceed, the entire amount of the
5 United States Government funding anticipated for the du-
6 ration of the Compact: Provided further, That the Chief
7 Executive Officer of the Corporation shall notify the Com-
8 mittees on Appropriations not later than 15 days prior to
9 commencing negotiations for any country compact or
10 threshold country program; signing any such compact or
11 threshold program; or terminating or suspending any such
12 compact or threshold program: Provided further, That
13 funds appropriated under this heading by this Act and
14 prior Acts making appropriations for the Department of
15 State, foreign operations, and related programs that are
16 available to implement section 609(g) of the MCA shall
17 be subject to the regular notification procedures of the
18 Committees on Appropriations: Provided further, That no
19 country should be eligible for a threshold program after
20 such country has completed a country compact: Provided
21 further, That any funds that are deobligated from a Mil-
22 lennium Challenge Compact shall be subject to the regular
23 notification procedures of the Committees on Appropria-
24 tions prior to re-obligation: Provided further, That not-
25 withstanding section 606(a)(2) of the MCA, a country
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1172
1 shall be a candidate country for purposes of eligibility for
2 assistance for the fiscal year if the country has a per cap-
3 ita income equal to or below the World Bank’s lower mid-
4 dle income country threshold for the fiscal year and is
5 among the 75 lowest per capita income countries as identi-
6 fied by the World Bank; and the country meets the re-
7 quirements of section 606(a)(1)(B) of the MCA: Provided
8 further, That notwithstanding section 606(b)(1) of the
9 MCA, in addition to countries described in the preceding
10 proviso, a country shall be a candidate country for pur-
11 poses of eligibility for assistance for the fiscal year if the
12 country has a per capita income equal to or below the
13 World Bank’s lower middle income country threshold for
14 the fiscal year and is not among the 75 lowest per capita
15 income countries as identified by the World Bank; and the
16 country meets the requirements of section 606(a)(1)(B)
17 of the MCA: Provided further, That any Millennium Chal-
18 lenge Corporation candidate country under section 606 of
19 the MCA with a per capita income that changes in the
20 fiscal year such that the country would be reclassified
21 from a low income country to a lower middle income coun-
22 try or from a lower middle income country to a low income
23 country shall retain its candidacy status in its former in-
24 come classification for the fiscal year and the 2 subsequent
25 fiscal years: Provided further, That publication in the Fed-
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1173
1 eral Register of a notice of availability of a copy of a Com-
2 pact on the Millennium Challenge Corporation Web site
3 shall be deemed to satisfy the requirements of section
4 610(b)(2) of the MCA for such Compact: Provided further,
5 That none of the funds made available by this Act or prior
6 Acts making appropriations for the Department of State,
7 foreign operations, and related programs shall be available
8 for a threshold program in a country that is not currently
9 a candidate country: Provided further, That of the funds
10 appropriated under this heading, not to exceed $100,000
11 may be available for representation and entertainment ex-
12 penses, of which not to exceed $5,000 may be available
13 for entertainment expenses.
14 INTER-AMERICAN FOUNDATION
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1174
1 available until September 30, 2015, of which not to exceed
2 $2,000 may be available for representation expenses: Pro-
3 vided, That section 503(a) of the African Development
4 Foundation Act (Public Law 96–533; 22 U.S.C. 290h–
5 1(a)) is hereby amended by inserting ‘‘United States’’ be-
6 fore ‘‘African Development’’: Provided further, That funds
7 made available to grantees may be invested pending ex-
8 penditure for project purposes when authorized by the
9 Board of Directors of the United States African Develop-
10 ment Foundation (USADF): Provided further, That inter-
11 est earned shall be used only for the purposes for which
12 the grant was made: Provided further, That notwith-
13 standing section 505(a)(2) of the African Development
14 Foundation Act, in exceptional circumstances the Board
15 of Directors of the USADF may waive the $250,000 limi-
16 tation contained in that section with respect to a project
17 and a project may exceed the limitation by up to 10 per-
18 cent if the increase is due solely to foreign currency fluc-
19 tuation: Provided further, That the USADF shall provide
20 a report to the Committees on Appropriations after each
21 time such waiver authority is exercised.
22 DEPARTMENT OF THE TREASURY
23 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
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1175
1 $23,500,000, to remain available until September 30,
2 2016, which shall be available notwithstanding any other
3 provision of law.
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1176
1 TITLE IV
2 INTERNATIONAL SECURITY ASSISTANCE
3 DEPARTMENT OF STATE
4 INTERNATIONAL NARCOTICS CONTROL AND LAW
5 ENFORCEMENT
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1177
1 egy: Provided further, That of the funds appropriated
2 under this heading, $5,000,000 shall be made available,
3 on a competitive basis, for rule of law programs for transi-
4 tional and post-conflict states, and for activities to coordi-
5 nate rule of law programs among foreign governments,
6 international and nongovernmental organizations, and
7 other United States Government agencies: Provided fur-
8 ther, That funds appropriated under this heading shall be
9 made available to support training and technical assist-
10 ance for foreign law enforcement, corrections, and other
11 judicial authorities, utilizing regional partners: Provided
12 further, That the Department of State may use the au-
13 thority of section 608 of the Foreign Assistance Act of
14 1961, without regard to its restrictions, to receive excess
15 property from an agency of the United States Government
16 for the purpose of providing such property to a foreign
17 country or international organization under chapter 8 of
18 part I of that Act, subject to the regular notification pro-
19 cedures of the Committees on Appropriations: Provided
20 further, That funds appropriated under this heading that
21 are made available for the International Police Peace-
22 keeping Operations Support Program shall only be made
23 available on a cost-matching basis from sources other than
24 the United States Government, to the maximum extent
25 practicable: Provided further, That section 482(b) of the
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1178
1 Foreign Assistance Act of 1961 shall not apply to funds
2 appropriated under this heading, except that any funds
3 made available notwithstanding such section shall be sub-
4 ject to the regular notification procedures of the Commit-
5 tees on Appropriations.
6 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
7 RELATED PROGRAMS
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1179
1 unexploded ordnance, the Secretary of State should
2 prioritize those areas where such ordnance was caused by
3 the United States: Provided further, That funds made
4 available under this heading for the Nonproliferation and
5 Disarmament Fund shall be available notwithstanding any
6 other provision of law and subject to prior consultation
7 with, and the regular notification procedures of, the Com-
8 mittees on Appropriations, to promote bilateral and multi-
9 lateral activities relating to nonproliferation, disarmament
10 and weapons destruction, and shall remain available until
11 expended: Provided further, That such funds may also be
12 used for such countries other than the Independent States
13 of the former Soviet Union and international organiza-
14 tions when it is in the national security interest of the
15 United States to do so: Provided further, That funds ap-
16 propriated under this heading may be made available for
17 the IAEA unless the Secretary of State determines that
18 Israel is being denied its right to participate in the activi-
19 ties of that Agency: Provided further, That funds made
20 available for conventional weapons destruction programs,
21 including demining and related activities, in addition to
22 funds otherwise available for such purposes, may be used
23 for administrative expenses related to the operation and
24 management of such programs and activities.
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1180
1 PEACEKEEPING OPERATIONS
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1181
1 FUNDS APPROPRIATED TO THE PRESIDENT
2 INTERNATIONAL MILITARY EDUCATION AND TRAINING
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1182
1 priated under this heading to procure defense articles and
2 services to enhance the capacity of foreign security forces:
3 Provided further, That of the funds appropriated under
4 this heading, not less than $3,100,000,000 shall be avail-
5 able for grants only for Israel, and funds are available for
6 assistance for Jordan and Egypt subject to section 7041
7 of this Act: Provided further, That the funds appropriated
8 under this heading for assistance for Israel shall be dis-
9 bursed within 30 days of enactment of this Act: Provided
10 further, That to the extent that the Government of Israel
11 requests that funds be used for such purposes, grants
12 made available for Israel under this heading shall, as
13 agreed by the United States and Israel, be available for
14 advanced weapons systems, of which not less than
15 $815,300,000 shall be available for the procurement in
16 Israel of defense articles and defense services, including
17 research and development: Provided further, That none of
18 the funds made available under this heading shall be made
19 available to support or continue any program initially
20 funded under the authority of section 1206 of the National
21 Defense Authorization Act for Fiscal Year 2006 (Public
22 Law 109–163; 119 Stat. 3456) unless the Secretary of
23 State, in coordination with the Secretary of Defense, has
24 justified such program to the Committees on Appropria-
25 tions: Provided further, That funds appropriated or other-
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1183
1 wise made available under this heading shall be nonrepay-
2 able notwithstanding any requirement in section 23 of the
3 Arms Export Control Act: Provided further, That funds
4 made available under this heading shall be obligated upon
5 apportionment in accordance with paragraph (5)(C) of
6 title 31, United States Code, section 1501(a).
7 None of the funds made available under this heading
8 shall be available to finance the procurement of defense
9 articles, defense services, or design and construction serv-
10 ices that are not sold by the United States Government
11 under the Arms Export Control Act unless the foreign
12 country proposing to make such procurement has first
13 signed an agreement with the United States Government
14 specifying the conditions under which such procurement
15 may be financed with such funds: Provided, That all coun-
16 try and funding level increases in allocations shall be sub-
17 mitted through the regular notification procedures of sec-
18 tion 7015 of this Act: Provided further, That funds made
19 available under this heading may be used, notwithstanding
20 any other provision of law, for demining, the clearance of
21 unexploded ordnance, and related activities, and may in-
22 clude activities implemented through nongovernmental
23 and international organizations: Provided further, That
24 only those countries for which assistance was justified for
25 the ‘‘Foreign Military Sales Financing Program’’ in the
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1184
1 fiscal year 1989 congressional presentation for security as-
2 sistance programs may utilize funds made available under
3 this heading for procurement of defense articles, defense
4 services or design and construction services that are not
5 sold by the United States Government under the Arms
6 Export Control Act: Provided further, That funds appro-
7 priated under this heading shall be expended at the min-
8 imum rate necessary to make timely payment for defense
9 articles and services: Provided further, That not more than
10 $60,000,000 of the funds appropriated under this heading
11 may be obligated for necessary expenses, including the
12 purchase of passenger motor vehicles for replacement only
13 for use outside of the United States, for the general costs
14 of administering military assistance and sales, except that
15 this limitation may be exceeded only through the regular
16 notification procedures of the Committees on Appropria-
17 tions: Provided further, That of the funds made available
18 under this heading for general costs of administering mili-
19 tary assistance and sales, not to exceed $4,000 may be
20 available for entertainment expenses and not to exceed
21 $130,000 may be available for representation expenses:
22 Provided further, That not more than $885,000,000 of
23 funds realized pursuant to section 21(e)(1)(A) of the Arms
24 Export Control Act may be obligated for expenses incurred
25 by the Department of Defense during fiscal year 2014
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1185
1 pursuant to section 43(b) of the Arms Export Control Act,
2 except that this limitation may be exceeded only through
3 the regular notification procedures of the Committees on
4 Appropriations.
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1186
1 TITLE V
2 MULTILATERAL ASSISTANCE
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS
22 ASSOCIATION
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1187
1 CONTRIBUTION TO THE INTERNATIONAL BANK FOR
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1188
1 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
6 BANK
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1189
1 the paid-in portion of increase in capital stock,
2 $106,586,000, to remain available until expended.
3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
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1190
1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
6 AGRICULTURAL DEVELOPMENT
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1191
1 TITLE VI
2 EXPORT AND INVESTMENT ASSISTANCE
3 EXPORT-IMPORT BANK OF THE UNITED STATES
4 INSPECTOR GENERAL
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1192
1 of the enactment of this Act: Provided further, That not
2 less than 20 percent of the aggregate loan, guarantee, and
3 insurance authority available to the Bank under this Act
4 should be used to finance exports directly by small busi-
5 ness concerns (as defined under section 3 of the Small
6 Business Act): Provided further, That not less than 10
7 percent of the aggregate loan, guarantee, and insurance
8 authority available to the Bank under this Act should be
9 used for renewable energy technologies or energy efficiency
10 technologies: Provided further, That notwithstanding sec-
11 tion 1(c) of Public Law 103–428, as amended, sections
12 1(a) and (b) of Public Law 103–428 shall remain in effect
13 through October 1, 2014.
14 ADMINISTRATIVE EXPENSES
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1193
1 legal, financial, or technical services in connection with
2 any transaction for which an application for a loan, guar-
3 antee or insurance commitment has been made: Provided
4 further, That notwithstanding subsection (b) of section
5 117 of the Export Enhancement Act of 1992, subsection
6 (a) thereof shall remain in effect until September 30,
7 2014: Provided further, That the Bank shall charge fees
8 for necessary expenses (including special services per-
9 formed on a contract or fee basis, but not including other
10 personal services) in connection with the collection of mon-
11 eys owed the Bank, repossession or sale of pledged collat-
12 eral or other assets acquired by the Bank in satisfaction
13 of moneys owed the Bank, or the investigation or appraisal
14 of any property, or the evaluation of the legal, financial,
15 or technical aspects of any transaction for which an appli-
16 cation for a loan, guarantee or insurance commitment has
17 been made, or systems infrastructure directly supporting
18 transactions: Provided further, That, in addition to other
19 funds appropriated for administrative expenses, such fees
20 shall be credited to this account, to remain available until
21 expended.
22 RECEIPTS COLLECTED
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1194
1 exceed the amount appropriated herein, shall be credited
2 as offsetting collections to this account: Provided, That the
3 sums herein appropriated from the General Fund shall be
4 reduced on a dollar-for-dollar basis by such offsetting col-
5 lections so as to result in a final fiscal year appropriation
6 from the General Fund estimated at $0: Provided further,
7 That amounts collected in fiscal year 2014 in excess of
8 obligations, up to $10,000,000, shall become available on
9 September 1, 2014, and shall remain available until Sep-
10 tember 30, 2017.
11 OVERSEAS PRIVATE INVESTMENT CORPORATION
12 NONCREDIT ACCOUNT
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1195
1 vestors pursuant to section 234 of the Foreign Assistance
2 Act of 1961, shall not be considered administrative ex-
3 penses for the purposes of this heading.
4 PROGRAM ACCOUNT
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1196
1 to the regular notification procedures of the Committees
2 on Appropriations.
3 In addition, such sums as may be necessary for ad-
4 ministrative expenses to carry out the credit program may
5 be derived from amounts available for administrative ex-
6 penses to carry out the credit and insurance programs in
7 the Overseas Private Investment Corporation Noncredit
8 Account and merged with said account.
9 TRADE AND DEVELOPMENT AGENCY
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1197
1 TITLE VII
2 GENERAL PROVISIONS
3 ALLOWANCES AND DIFFERENTIALS
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1198
1 CONSULTING SERVICES
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1199
1 (b) Notwithstanding the prohibition in subsection (a),
2 a project to construct a diplomatic facility of the United
3 States may include office space or other accommodations
4 for members of the United States Marine Corps.
5 (c) For the purposes of calculating the fiscal year
6 2014 costs of providing new United States diplomatic fa-
7 cilities in accordance with section 604(e) of the Secure
8 Embassy Construction and Counterterrorism Act of 1999
9 (22 U.S.C. 4865 note), the Secretary of State, in consulta-
10 tion with the Director of the Office of Management and
11 Budget, shall determine the annual program level and
12 agency shares in a manner that is proportional to the De-
13 partment of State’s contribution for this purpose.
14 (d) Funds appropriated by this Act, and any prior
15 Act making appropriations for the Department of State,
16 foreign operations, and related programs, which may be
17 made available for the acquisition of property for diplo-
18 matic facilities in Afghanistan, Pakistan, and Iraq, shall
19 be subject to prior consultation with, and the regular noti-
20 fication procedures of, the Committees on Appropriations.
21 (e)(1) The limitation and reporting requirement re-
22 garding the New London Embassy contained in section
23 7004(f) of division I of Public Law 112–74 shall remain
24 in effect during fiscal year 2014.
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1200
1 (2) Funds appropriated or otherwise made available
2 by this Act and prior Acts making appropriations for the
3 Department of State, foreign operations, and related pro-
4 grams, under the heading ‘‘Embassy Security, Construc-
5 tion, and Maintenance’’ may be obligated for the reloca-
6 tion of the United States Embassy to the Holy See only
7 if the Secretary of State reports in writing to the Commit-
8 tees on Appropriations that—
9 (A) the United States Ambassador to the Holy
10 See and embassy staff will retain their independence
11 from other United States missions located in Rome,
12 including by maintaining a separate building with a
13 discrete address and entrance; and
14 (B) any relocation of the chancery will not in-
15 crease annual operating costs, will not result in a re-
16 duction in staff, and will enhance overall security for
17 the United States Embassy to the Holy See.
18 (f)(1) Of the funds appropriated by this Act under
19 the heading ‘‘Embassy Security, Construction, and Main-
20 tenance’’, not less than $25,000,000 shall be made avail-
21 able to address security vulnerabilities at expeditionary,
22 interim, and temporary facilities abroad, including phys-
23 ical security upgrades and local guard staffing: Provided,
24 That the uses of such funds should be the responsibility
25 of the Assistant Secretary of State for the Bureau of Dip-
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1201
1 lomatic Security and Foreign Missions, in consultation
2 with the Director of the Bureau of Overseas Buildings Op-
3 erations: Provided further, That such funds shall be sub-
4 ject to prior consultation with the Committees on Appro-
5 priations.
6 (2) Not later than 90 days after enactment of this
7 Act, the Secretary of State shall submit a report to the
8 appropriate congressional committees detailing the poli-
9 cies, standards, and procedures for the construction and
10 operation of expeditionary, interim, and temporary diplo-
11 matic facilities, including any waiver of security require-
12 ments and accommodation of temporary surges in per-
13 sonnel or programs: Provided, That such report shall in-
14 clude a list of all expeditionary, interim, and temporary
15 diplomatic facilities and the number of personnel and se-
16 curity costs for each such facility: Provided further, That
17 the report required by this paragraph may be submitted
18 in classified form if necessary.
19 (3) Notwithstanding any other provision of law, the
20 opening, closure, or any significant modification to an ex-
21 peditionary, interim, or temporary diplomatic facility shall
22 be subject to prior consultation with the appropriate con-
23 gressional committees and the regular notification proce-
24 dures of the Committees on Appropriations, except that
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1202
1 such consultation and notification may be waived if there
2 is a security risk to personnel.
3 PERSONNEL ACTIONS
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1203
1 scribed in Federal Acquisition Regulation part 15.101),
2 notwithstanding subsection (c)(3) of such section, for high
3 risk, high threat posts: Provided, That the authority in
4 this section shall apply to any options for renewal that
5 may be exercised under such contracts.
6 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
7 COUNTRIES
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1204
1 certifies to the Committees on Appropriations that subse-
2 quent to the termination of assistance a democratically
3 elected government has taken office: Provided further,
4 That the provisions of this section shall not apply to as-
5 sistance to promote democratic elections or public partici-
6 pation in democratic processes: Provided further, That
7 funds made available pursuant to the previous provisos
8 shall be subject to the regular notification procedures of
9 the Committees on Appropriations.
10 TRANSFER AUTHORITY
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1205
1 be increased by more than 10 percent by any such
2 transfers.
3 (3) Any transfer pursuant to this section shall
4 be treated as a reprogramming of funds under sec-
5 tion 7015(a) and (b) of this Act and shall not be
6 available for obligation or expenditure except in com-
7 pliance with the procedures set forth in that section.
8 (b) EXPORT FINANCING TRANSFER AUTHORITIES.—
9 Not to exceed 5 percent of any appropriation other than
10 for administrative expenses made available for fiscal year
11 2014, for programs under title VI of this Act may be
12 transferred between such appropriations for use for any
13 of the purposes, programs, and activities for which the
14 funds in such receiving account may be used, but no such
15 appropriation, except as otherwise specifically provided,
16 shall be increased by more than 25 percent by any such
17 transfer: Provided, That the exercise of such authority
18 shall be subject to the regular notification procedures of
19 the Committees on Appropriations.
20 (c) LIMITATION ON TRANSFERS BETWEEN AGEN-
21 CIES.—
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1206
1 transfer made by, or transfer authority provided in,
2 this Act or any other appropriations Act.
3 (2) Notwithstanding paragraph (1), in addition
4 to transfers made by, or authorized elsewhere in,
5 this Act, funds appropriated by this Act to carry out
6 the purposes of the Foreign Assistance Act of 1961
7 may be allocated or transferred to agencies of the
8 United States Government pursuant to the provi-
9 sions of sections 109, 610, and 632 of the Foreign
10 Assistance Act of 1961.
11 (3) Any agreement entered into by the United
12 States Agency for International Development
13 (USAID) or the Department of State with any de-
14 partment, agency, or instrumentality of the United
15 States Government pursuant to section 632(b) of the
16 Foreign Assistance Act of 1961 valued in excess of
17 $1,000,000 and any agreement made pursuant to
18 section 632(a) of such Act, with funds appropriated
19 by this Act and prior Acts making appropriations
20 for the Department of State, foreign operations, and
21 related programs under the headings ‘‘Global Health
22 Programs’’, ‘‘Development Assistance’’, and ‘‘Eco-
23 nomic Support Fund’’ shall be subject to the regular
24 notification procedures of the Committees on Appro-
25 priations: Provided, That the requirement in the pre-
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1207
1 vious sentence shall not apply to agreements entered
2 into between USAID and the Department of State.
3 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the
4 funds made available under titles II through V of this Act
5 may be obligated under an appropriation account to which
6 such funds were not appropriated, except for transfers
7 specifically provided for in this Act, unless the President,
8 not less than 5 days prior to the exercise of any authority
9 contained in the Foreign Assistance Act of 1961 to trans-
10 fer funds, consults with and provides a written policy jus-
11 tification to the Committees on Appropriations.
12 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any
13 agreement for the transfer or allocation of funds appro-
14 priated by this Act, or prior Acts, entered into between
15 the Department of State or USAID and another agency
16 of the United States Government under the authority of
17 section 632(a) of the Foreign Assistance Act of 1961 or
18 any comparable provision of law, shall expressly provide
19 that the Inspector General (IG) for the agency receiving
20 the transfer or allocation of such funds, or other entity
21 with audit responsibility if the receiving agency does not
22 have an IG, shall perform periodic program and financial
23 audits of the use of such funds: Provided, That such au-
24 dits shall be transmitted to the Committees on Appropria-
25 tions: Provided further, That funds transferred under such
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1208
1 authority may be made available for the cost of such au-
2 dits.
3 REPORTING REQUIREMENT
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1209
1 velopment Credit Authority’’ shall remain available for an
2 additional 4 years from the date on which the availability
3 of such funds would otherwise have expired, if such funds
4 are initially obligated before the expiration of their respec-
5 tive periods of availability contained in this Act: Provided
6 further, That notwithstanding any other provision of this
7 Act, any funds made available for the purposes of chapter
8 1 of part I and chapter 4 of part II of the Foreign Assist-
9 ance Act of 1961 which are allocated or obligated for cash
10 disbursements in order to address balance of payments or
11 economic policy reform objectives, shall remain available
12 for an additional 4 years from the date on which the avail-
13 ability of such funds would otherwise have expired, if such
14 funds are initially allocated or obligated before the expira-
15 tion of their respective periods of availability contained in
16 this Act: Provided further, That the Secretary of State
17 shall provide a report to the Committees on Appropria-
18 tions at the beginning of each fiscal year, detailing by ac-
19 count and source year, the use of this authority during
20 the previous fiscal year.
21 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
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1210
1 in payment to the United States of principal or interest
2 on any loan made to the government of such country by
3 the United States pursuant to a program for which funds
4 are appropriated under this Act unless the President de-
5 termines, following consultations with the Committees on
6 Appropriations, that assistance for such country is in the
7 national interest of the United States.
8 PROHIBITION ON TAXATION OF UNITED STATES
9 ASSISTANCE
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1211
1 States assistance programs for which funds are appro-
2 priated by this Act, either directly or through grantees,
3 contractors, and subcontractors shall be withheld from ob-
4 ligation from funds appropriated for assistance for fiscal
5 year 2015 and allocated for the central government of
6 such country and for the West Bank and Gaza program
7 to the extent that the Secretary of State certifies and re-
8 ports in writing to the Committees on Appropriations, not
9 later than September 30, 2015, that such taxes have not
10 been reimbursed to the Government of the United States.
11 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de
12 minimis nature shall not be subject to the provisions of
13 subsection (b).
14 (d) REPROGRAMMING OF FUNDS.—Funds withheld
15 from obligation for each country or entity pursuant to sub-
16 section (b) shall be reprogrammed for assistance for coun-
17 tries which do not assess taxes on United States assistance
18 or which have an effective arrangement that is providing
19 substantial reimbursement of such taxes, and that can
20 reasonably accommodate such assistance in a program-
21 matically responsible manner.
22 (e) DETERMINATIONS.—
23 (1) The provisions of this section shall not
24 apply to any country or entity the Secretary of State
25 reports to the Committees on Appropriations—
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1212
1 (A) does not assess taxes on United States
2 assistance or which has an effective arrange-
3 ment that is providing substantial reimburse-
4 ment of such taxes; or
5 (B) the foreign policy interests of the
6 United States outweigh the purpose of this sec-
7 tion to ensure that United States assistance is
8 not subject to taxation.
9 (2) The Secretary of State shall consult with
10 the Committees on Appropriations at least 15 days
11 prior to exercising the authority of this subsection
12 with regard to any country or entity.
13 (f) IMPLEMENTATION.—The Secretary of State shall
14 issue rules, regulations, or policy guidance, as appropriate,
15 to implement the prohibition against the taxation of assist-
16 ance contained in this section.
17 (g) DEFINITIONS.—As used in this section—
18 (1) the term ‘‘bilateral agreement’’ refers to a
19 framework bilateral agreement between the Govern-
20 ment of the United States and the government of
21 the country receiving assistance that describes the
22 privileges and immunities applicable to United
23 States foreign assistance for such country generally,
24 or an individual agreement between the Government
25 of the United States and such government that de-
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1213
1 scribes, among other things, the treatment for tax
2 purposes that will be accorded the United States as-
3 sistance provided under that agreement;
4 (2) the term ‘‘taxes and taxation’’ shall include
5 value added taxes and customs duties but shall not
6 include individual income taxes assessed to local
7 staff or personal services contractors.
8 (h) REPORT.—The Secretary of State, in consultation
9 with the heads of other relevant departments or agencies,
10 shall submit a report to the Committees on Appropria-
11 tions, not later than 90 days after the enactment of this
12 Act, detailing steps taken by such departments or agencies
13 to comply with the requirements of this section.
14 RESERVATIONS OF FUNDS
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1214
1 (b) In addition to the authority contained in sub-
2 section (a), the original period of availability of funds ap-
3 propriated by this Act and administered by the United
4 States Agency for International Development (USAID)
5 that are specifically designated for particular programs or
6 activities by this or any other Act shall be extended for
7 an additional fiscal year if the USAID Administrator de-
8 termines and reports promptly to the Committees on Ap-
9 propriations that the termination of assistance to a coun-
10 try or a significant change in circumstances makes it un-
11 likely that such designated funds can be obligated during
12 the original period of availability: Provided, That such des-
13 ignated funds that continue to be available for an addi-
14 tional fiscal year shall be obligated only for the purpose
15 of such designation.
16 (c) Ceilings and specifically designated funding levels
17 contained in this Act shall not be applicable to funds or
18 authorities appropriated or otherwise made available by
19 any subsequent Act unless such Act specifically so directs:
20 Provided, That specifically designated funding levels or
21 minimum funding requirements contained in any other
22 Act shall not be applicable to funds appropriated by this
23 Act.
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1215
1 NOTIFICATION REQUIREMENTS
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1216
1 funds: Provided, That unless previously justified to
2 the Committees on Appropriations, the requirements
3 of this subsection shall apply to all obligations of
4 funds appropriated under titles I and II of this Act
5 for paragraphs (5) and (6) of this subsection.
6 (b) None of the funds provided under titles I and II
7 of this Act, or provided under previous appropriations
8 Acts to the agency or department funded under titles I
9 and II of this Act that remain available for obligation or
10 expenditure in fiscal year 2014, or provided from any ac-
11 counts in the Treasury of the United States derived by
12 the collection of fees available to the agency or department
13 funded under title I of this Act, shall be available for obli-
14 gation or expenditure for activities, programs, or projects
15 through a reprogramming of funds in excess of
16 $1,000,000 or 10 percent, whichever is less, that—
17 (1) augments existing programs, projects, or ac-
18 tivities;
19 (2) reduces by 10 percent funding for any exist-
20 ing program, project, or activity, or numbers of per-
21 sonnel by 10 percent as approved by Congress; or
22 (3) results from any general savings, including
23 savings from a reduction in personnel, which would
24 result in a change in existing programs, activities, or
25 projects as approved by Congress; unless the Com-
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1217
1 mittees on Appropriations are notified 15 days in
2 advance of such reprogramming of funds.
3 (c) None of the funds made available under titles III
4 through VI of this Act under the headings ‘‘Global Health
5 Programs’’, ‘‘Development Assistance’’, ‘‘International
6 Organizations and Programs’’, ‘‘Trade and Development
7 Agency’’, ‘‘International Narcotics Control and Law En-
8 forcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy
9 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Conflict Stabiliza-
10 tion Operations’’, ‘‘Nonproliferation, Anti-terrorism,
11 Demining and Related Programs’’, ‘‘Millennium Challenge
12 Corporation’’, ‘‘Foreign Military Financing Program’’,
13 ‘‘International Military Education and Training’’, and
14 ‘‘Peace Corps’’, shall be available for obligation for activi-
15 ties, programs, projects, type of materiel assistance, coun-
16 tries, or other operations not justified or in excess of the
17 amount justified to the Committees on Appropriations for
18 obligation under any of these specific headings unless the
19 Committees on Appropriations are notified 15 days in ad-
20 vance: Provided, That the President shall not enter into
21 any commitment of funds appropriated for the purposes
22 of section 23 of the Arms Export Control Act for the pro-
23 vision of major defense equipment, other than conven-
24 tional ammunition, or other major defense items defined
25 to be aircraft, ships, missiles, or combat vehicles, not pre-
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1218
1 viously justified to Congress or 20 percent in excess of
2 the quantities justified to Congress unless the Committees
3 on Appropriations are notified 15 days in advance of such
4 commitment: Provided further, That requirements of this
5 subsection or any similar provision of this or any other
6 Act shall not apply to any reprogramming for an activity,
7 program, or project for which funds are appropriated
8 under titles III through VI of this Act of less than 10
9 percent of the amount previously justified to the Congress
10 for obligation for such activity, program, or project for the
11 current fiscal year.
12 (d) Notwithstanding any other provision of law, with
13 the exception of funds transferred to, and merged with,
14 funds appropriated under title I of this Act, funds trans-
15 ferred by the Department of Defense to the Department
16 of State and the United States Agency for International
17 Development for assistance for foreign countries and
18 international organizations, and funds made available for
19 programs authorized by section 1206 of the National De-
20 fense Authorization Act for Fiscal Year 2006 (Public Law
21 109–163), shall be subject to the regular notification pro-
22 cedures of the Committees on Appropriations.
23 (e) The requirements of this section or any similar
24 provision of this Act or any other Act, including any prior
25 Act requiring notification in accordance with the regular
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1219
1 notification procedures of the Committees on Appropria-
2 tions, may be waived if failure to do so would pose a sub-
3 stantial risk to human health or welfare: Provided, That
4 in case of any such waiver, notification to the Committees
5 on Appropriations shall be provided as early as prac-
6 ticable, but in no event later than 3 days after taking the
7 action to which such notification requirement was applica-
8 ble, in the context of the circumstances necessitating such
9 waiver: Provided further, That any notification provided
10 pursuant to such a waiver shall contain an explanation
11 of the emergency circumstances.
12 (f) None of the funds appropriated under titles III
13 through VI of this Act shall be obligated or expended for
14 assistance for Afghanistan, Bahrain, Bolivia, Burma,
15 Cambodia, Cuba, Ecuador, Egypt, Ethiopia, Guatemala,
16 Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan,
17 the Russian Federation, Serbia, Somalia, South Sudan,
18 Sri Lanka, Sudan, Syria, Tunisia, Uzbekistan, Venezuela,
19 Yemen, and Zimbabwe except as provided through the reg-
20 ular notification procedures of the Committees on Appro-
21 priations.
22 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
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1220
1 fense shall notify the Committees on Appropriations to the
2 same extent and under the same conditions as other com-
3 mittees pursuant to subsection (f) of that section: Pro-
4 vided, That before issuing a letter of offer to sell excess
5 defense articles under the Arms Export Control Act, the
6 Department of Defense shall notify the Committees on
7 Appropriations in accordance with the regular notification
8 procedures of such Committees if such defense articles are
9 significant military equipment (as defined in section 47(9)
10 of the Arms Export Control Act) or are valued (in terms
11 of original acquisition cost) at $7,000,000 or more, or if
12 notification is required elsewhere in this Act for the use
13 of appropriated funds for specific countries that would re-
14 ceive such excess defense articles: Provided further, That
15 such Committees shall also be informed of the original ac-
16 quisition cost of such defense articles.
17 LIMITATION ON AVAILABILITY OF FUNDS FOR
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1221
1 the Foreign Assistance Act of 1961 or section 7049(a) of
2 this Act, shall remain available for obligation until Sep-
3 tember 30, 2015: Provided, That the requirement to with-
4 hold funds for programs in Burma under section 307(a)
5 of the Foreign Assistance Act of 1961 shall not apply to
6 funds appropriated by this Act.
7 PROHIBITION ON FUNDING FOR ABORTIONS AND
8 INVOLUNTARY STERILIZATION
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1222
1 obligated or expended for any country or organization if
2 the President certifies that the use of these funds by any
3 such country or organization would violate any of the
4 above provisions related to abortions and involuntary steri-
5 lizations.
6 ALLOCATIONS
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1223
1 titles III or VI of this Act, shall take steps to ensure that
2 domestic and overseas representation and entertainment
3 expenses further official agency business and United
4 States foreign policy interests and are—
5 (1) primarily for fostering relations outside of
6 the Executive Branch;
7 (2) principally for meals and events of a pro-
8 tocol nature;
9 (3) not for employee-only events; and
10 (4) do not include activities that are substan-
11 tially of a recreational character.
12 (b) None of the funds appropriated or otherwise
13 made available by this Act under the headings ‘‘Inter-
14 national Military Education and Training’’ or ‘‘Foreign
15 Military Financing Program’’ for Informational Program
16 activities or under the headings ‘‘Global Health Pro-
17 grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup-
18 port Fund’’ may be obligated or expended to pay for—
19 (1) alcoholic beverages; or
20 (2) entertainment expenses for activities that
21 are substantially of a recreational character, includ-
22 ing but not limited to entrance fees at sporting
23 events, theatrical and musical productions, and
24 amusement parks.
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1224
1 PROHIBITION ON ASSISTANCE TO GOVERNMENTS
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1225
1 (3) Whenever the President makes a determina-
2 tion pursuant to paragraph (2), the President shall
3 submit to the Committees on Appropriations a re-
4 port with respect to the furnishing of such assist-
5 ance, including a detailed explanation of the assist-
6 ance to be provided, the estimated dollar amount of
7 such assistance, and an explanation of how the as-
8 sistance furthers United States national interests.
9 (b) BILATERAL ASSISTANCE.—
10 (1) Funds appropriated for bilateral assistance
11 in titles III through VI of this Act and funds appro-
12 priated under any such title in prior Acts making
13 appropriations for the Department of State, foreign
14 operations, and related programs, shall not be made
15 available to any foreign government which the Presi-
16 dent determines—
17 (A) grants sanctuary from prosecution to
18 any individual or group which has committed
19 an act of international terrorism;
20 (B) otherwise supports international ter-
21 rorism; or
22 (C) is controlled by an organization des-
23 ignated as a terrorist organization under sec-
24 tion 219 of the Immigration and Nationality
25 Act.
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1226
1 (2) The President may waive the application of
2 paragraph (1) to a government if the President de-
3 termines that national security or humanitarian rea-
4 sons justify such waiver: Provided, That the Presi-
5 dent shall publish each such waiver in the Federal
6 Register and, at least 15 days before the waiver
7 takes effect, shall notify the Committees on Appro-
8 priations of the waiver (including the justification
9 for the waiver) in accordance with the regular notifi-
10 cation procedures of the Committees on Appropria-
11 tions.
12 AUTHORIZATION REQUIREMENTS
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1227
1 clude all appropriations and authorizations Acts funding
2 directives, ceilings, and limitations with the exception that
3 for the following accounts: ‘‘Economic Support Fund’’ and
4 ‘‘Foreign Military Financing Program’’, ‘‘program,
5 project, and activity’’ shall also be considered to include
6 country, regional, and central program level funding with-
7 in each such account; and for the development assistance
8 accounts of the United States Agency for International
9 Development, ‘‘program, project, and activity’’ shall also
10 be considered to include central, country, regional, and
11 program level funding, either as—
12 (1) justified to the Congress; or
13 (2) allocated by the Executive Branch in ac-
14 cordance with a report, to be provided to the Com-
15 mittees on Appropriations within 30 days of the en-
16 actment of this Act, as required by section 653(a)
17 of the Foreign Assistance Act of 1961.
18 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
20 OPMENT FOUNDATION
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1228
1 ties authorized by or conducted under the Peace Corps
2 Act, the Inter-American Foundation Act or the African
3 Development Foundation Act: Provided, That prior to con-
4 ducting activities in a country for which assistance is pro-
5 hibited, the agency shall consult with the Committees on
6 Appropriations and report to such Committees within 15
7 days of taking such action.
8 COMMERCE, TRADE AND SURPLUS COMMODITIES
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1229
1 States producers of the same, similar, or competing com-
2 modity, and the Chairman of the Board so notifies the
3 Committees on Appropriations: Provided further, That this
4 subsection shall not prohibit—
5 (1) activities in a country that is eligible for as-
6 sistance from the International Development Asso-
7 ciation, is not eligible for assistance from the Inter-
8 national Bank for Reconstruction and Development,
9 and does not export on a consistent basis the agri-
10 cultural commodity with respect to which assistance
11 is furnished; or
12 (2) activities in a country the President deter-
13 mines is recovering from widespread conflict, a hu-
14 manitarian crisis, or a complex emergency.
15 (b) None of the funds appropriated by this or any
16 other Act to carry out chapter 1 of part I of the Foreign
17 Assistance Act of 1961 shall be available for any testing
18 or breeding feasibility study, variety improvement or intro-
19 duction, consultancy, publication, conference, or training
20 in connection with the growth or production in a foreign
21 country of an agricultural commodity for export which
22 would compete with a similar commodity grown or pro-
23 duced in the United States: Provided, That this subsection
24 shall not prohibit—
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1230
1 (1) activities designed to increase food security
2 in developing countries where such activities will not
3 have a significant impact on the export of agricul-
4 tural commodities of the United States;
5 (2) research activities intended primarily to
6 benefit American producers;
7 (3) activities in a country that is eligible for as-
8 sistance from the International Development Asso-
9 ciation, is not eligible for assistance from the Inter-
10 national Bank for Reconstruction and Development,
11 and does not export on a consistent basis the agri-
12 cultural commodity with respect to which assistance
13 is furnished; or
14 (4) activities in a country the President deter-
15 mines is recovering from widespread conflict, a hu-
16 manitarian crisis, or a complex emergency.
17 (c) The Secretary of the Treasury shall instruct the
18 United States executive directors of the international fi-
19 nancial institutions, as defined in section 7029(g) of this
20 Act, to use the voice and vote of the United States to op-
21 pose any assistance by such institutions, using funds ap-
22 propriated or made available by this Act, for the produc-
23 tion or extraction of any commodity or mineral for export,
24 if it is in surplus on world markets and if the assistance
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1 will cause substantial injury to United States producers
2 of the same, similar, or competing commodity.
3 SEPARATE ACCOUNTS
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1 into and disbursements from the separate ac-
2 count.
3 (2) USES OF LOCAL CURRENCIES.—As may be
4 agreed upon with the foreign government, local cur-
5 rencies deposited in a separate account pursuant to
6 subsection (a), or an equivalent amount of local cur-
7 rencies, shall be used only—
8 (A) to carry out chapter 1 or 10 of part
9 I or chapter 4 of part II of the Foreign Assist-
10 ance Act of 1961 (as the case may be), for such
11 purposes as—
12 (i) project and sector assistance activi-
13 ties; or
14 (ii) debt and deficit financing; or
15 (B) for the administrative requirements of
16 the United States Government.
17 (3) PROGRAMMING ACCOUNTABILITY.—USAID
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1 try under chapter 1 or 10 of part I or chapter 4 of
2 part II of the Foreign Assistance Act of 1961 (as
3 the case may be), any unencumbered balances of
4 funds which remain in a separate account estab-
5 lished pursuant to subsection (a) shall be disposed of
6 for such purposes as may be agreed to by the gov-
7 ernment of that country and the United States Gov-
8 ernment.
9 (5) REPORTING REQUIREMENT.—The USAID
10 Administrator shall report on an annual basis as
11 part of the justification documents submitted to the
12 Committees on Appropriations on the use of local
13 currencies for the administrative requirements of the
14 United States Government as authorized in sub-
15 section (a)(2)(B), and such report shall include the
16 amount of local currency (and United States dollar
17 equivalent) used and/or to be used for such purpose
18 in each applicable country.
19 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
20 (1) If assistance is made available to the gov-
21 ernment of a foreign country, under chapter 1 or 10
22 of part I or chapter 4 of part II of the Foreign As-
23 sistance Act of 1961, as cash transfer assistance or
24 as nonproject sector assistance, that country shall be
25 required to maintain such funds in a separate ac-
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1 count and not commingle them with any other
2 funds.
3 (2) APPLICABILITY OF OTHER PROVISIONS OF
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1235
1 ELIGIBILITY FOR ASSISTANCE
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1236
1 priated to carry out title I of such Act and made available
2 pursuant to this subsection may be obligated or expended
3 except as provided through the regular notification proce-
4 dures of the Committees on Appropriations.
5 (c) EXCEPTION.—This section shall not apply—
6 (1) with respect to section 620A of the Foreign
7 Assistance Act of 1961 or any comparable provision
8 of law prohibiting assistance to countries that sup-
9 port international terrorism; or
10 (2) with respect to section 116 of the Foreign
11 Assistance Act of 1961 or any comparable provision
12 of law prohibiting assistance to the government of a
13 country that violates internationally recognized
14 human rights.
15 LOCAL COMPETITION
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1237
1 (A) assessed the level of local capacity to
2 effectively implement, manage, and account for
3 programs included in such competition; and
4 (B) documented the written results of the
5 assessment and decisions made; and
6 (2) prior to making an award after limiting
7 competition to local entities—
8 (A) each successful local entity has been
9 determined to be responsible in accordance with
10 USAID guidelines; and
11 (B) effective monitoring and evaluation
12 systems are in place to ensure that award fund-
13 ing is used for its intended purposes; and
14 (3) no level of acceptable fraud is assumed.
15 (b) In addition to the requirements of paragraph (1),
16 the USAID Administrator shall report, on a semi-annual
17 basis, to the appropriate congressional committees on all
18 awards subject to limited or no competition for local enti-
19 ties: Provided, That such report should be posted on the
20 USAID Web site: Provided further, That the requirements
21 of this subsection shall only apply to awards in excess of
22 $3,000,000 and sole source awards to local entities in ex-
23 cess of $2,000,000.
24 (c) Section 7077 of division I of Public Law 112–
25 74 shall continue in effect during fiscal year 2014: Pro-
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1238
1 vided, That subsection (b) of such section is amended in
2 subsection (b)(3) by striking ‘‘either’’ and in subsection
3 (b)(3)(A) by striking ‘‘or’’ after the semicolon and replac-
4 ing in lieu thereof ‘‘and’’.
5 INTERNATIONAL FINANCIAL INSTITUTIONS
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1 ternate United States executive director to such institution
2 is compensated by the institution at a rate in excess of
3 the rate provided for an individual occupying a position
4 at level V of the Executive Schedule under section 5316
5 of title 5, United States Code.
6 (c) The Secretary of the Treasury shall instruct the
7 United States executive director of each international fi-
8 nancial institution to oppose any loan, grant, strategy, or
9 policy of such institution that would require user fees or
10 service charges on poor people for primary education or
11 primary healthcare, including maternal and child health,
12 and the prevention, care and treatment of HIV/AIDS, ma-
13 laria, and tuberculosis in connection with such institu-
14 tion’s financing programs.
15 (d) The Secretary of the Treasury shall instruct the
16 United States Executive Director of the International
17 Monetary Fund (IMF) to use the voice and vote of the
18 United States to oppose any loan, project, agreement,
19 memorandum, instrument, plan, or other program of the
20 IMF to a Heavily Indebted Poor Country that imposes
21 budget caps or restraints that do not allow the mainte-
22 nance of or an increase in governmental spending on
23 healthcare or education; and to promote government
24 spending on healthcare, education, agriculture and food
25 security, or other critical safety net programs in all of the
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1 IMF’s activities with respect to Heavily Indebted Poor
2 Countries.
3 (e) The Secretary of the Treasury shall instruct the
4 United States executive director of each international fi-
5 nancial institution to seek to ensure that each such insti-
6 tution responds to the findings and recommendations of
7 its accountability mechanisms by providing just compensa-
8 tion or other appropriate redress to individuals and com-
9 munities that suffer violations of human rights, including
10 forced displacement, resulting from any loan, grant, strat-
11 egy or policy of such institution.
12 (f) The Secretary of the Treasury shall direct the
13 United States executive directors of the World Bank and
14 the Inter-American Development Bank to report to the
15 Committees on Appropriations not later than 30 days
16 after enactment of this Act and every 90 days thereafter
17 until September 30, 2014, on the steps being taken by
18 such institutions to support implementation of the April
19 2010 Reparations Plan for Damages Suffered by the Com-
20 munities Affected by the Construction of the Chixoy Hy-
21 droelectric Dam in Guatemala.
22 (g) For the purposes of this Act ‘‘international finan-
23 cial institutions’’ shall mean the International Bank for
24 Reconstruction and Development, the International Devel-
25 opment Association, the International Finance Corpora-
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1 tion, the Inter-American Development Bank, the Inter-
2 national Monetary Fund, the Asian Development Bank,
3 the Asian Development Fund, the Inter-American Invest-
4 ment Corporation, the North American Development
5 Bank, the European Bank for Reconstruction and Devel-
6 opment, the African Development Bank, and the African
7 Development Fund.
8 DEBT-FOR-DEVELOPMENT
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1 (1) Funds appropriated by this Act may be
2 made available for direct government-to-government
3 assistance only if—
4 (A) each implementing agency or ministry
5 to receive assistance has been assessed and is
6 considered to have the systems required to
7 manage such assistance and any identified
8 vulnerabilities or weaknesses of such agency or
9 ministry have been addressed; and
10 (i) the recipient agency or ministry
11 employs and utilizes staff with the nec-
12 essary technical, financial, and manage-
13 ment capabilities;
14 (ii) the recipient agency or ministry
15 has adopted competitive procurement poli-
16 cies and systems;
17 (iii) effective monitoring and evalua-
18 tion systems are in place to ensure that
19 such assistance is used for its intended
20 purposes;
21 (iv) no level of acceptable fraud is as-
22 sumed; and
23 (v) the government of the recipient
24 country is taking steps to publicly disclose
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1 on an annual basis its national budget, to
2 include income and expenditures;
3 (B) the recipient government is in compli-
4 ance with the principles set forth in section
5 7013 of this Act;
6 (C) the recipient agency or ministry is not
7 headed or controlled by an organization des-
8 ignated as a foreign terrorist organization
9 under section 219 of the Immigration and Na-
10 tionality Act;
11 (D) the Government of the United States
12 and the government of the recipient country
13 have agreed, in writing, on clear and achievable
14 objectives for the use of such assistance, which
15 should be made available on a cost-reimbursable
16 basis; and
17 (E) the recipient government is taking
18 steps to protect the rights of civil society, in-
19 cluding freedom of association and assembly.
20 (2) In addition to the requirements in sub-
21 section (a), no funds may be made available for di-
22 rect government-to-government assistance without
23 prior consultation with, and notification of, the Com-
24 mittees on Appropriations: Provided, That such noti-
25 fication shall contain an explanation of how the pro-
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1 posed activity meets the requirements of paragraph
2 (1): Provided further, That the requirements of this
3 paragraph shall only apply to direct government-to-
4 government assistance in excess of $10,000,000 and
5 all funds available for cash transfer, budget support,
6 and cash payments to individuals.
7 (3) The Administrator of the United States
8 Agency for International Development (USAID) or
9 the Secretary of State, as appropriate, shall suspend
10 any direct government-to-government assistance if
11 the Administrator or the Secretary has credible in-
12 formation of material misuse of such assistance, un-
13 less the Administrator or the Secretary reports to
14 the Committees on Appropriations that it is in the
15 national interest of the United States to continue
16 such assistance, including a justification, or that
17 such misuse has been appropriately addressed.
18 (4) The Secretary of State shall submit to the
19 Committees on Appropriations, concurrent with the
20 fiscal year 2015 congressional budget justification
21 materials, amounts planned for assistance described
22 in subsection (a) by country, proposed funding
23 amount, source of funds, and type of assistance.
24 (5) Not later than 90 days after the enactment
25 of this Act and 6 months thereafter until September
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1 30, 2014, the USAID Administrator shall submit to
2 the Committees on Appropriations a report that—
3 (A) details all assistance described in sub-
4 section (a) provided during the previous 6-
5 month period by country, funding amount,
6 source of funds, and type of such assistance;
7 and
8 (B) the type of procurement instrument or
9 mechanism utilized and whether the assistance
10 was provided on a reimbursable basis.
11 (6) None of the funds made available by this
12 Act may be used for any foreign country for debt
13 service payments owed by any country to any inter-
14 national financial institution: Provided, That for
15 purposes of this subsection, the term ‘‘international
16 financial institution’’ has the meaning given the
17 term in section 7029(g) of this Act.
18 (b) NATIONAL BUDGET AND CONTRACT TRANS-
19 PARENCY.—
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1 quirements of fiscal transparency’’ which shall be
2 updated and strengthened, as appropriate, to reflect
3 best practices.
4 (2) DEFINITION.—For purposes of paragraph
5 (1), ‘‘minimum requirements of fiscal transparency’’
6 are requirements consistent with those in subsection
7 (a)(1), and the public disclosure of national budget
8 documentation (to include receipts and expenditures
9 by ministry) and government contracts and licenses
10 for natural resource extraction (to include bidding
11 and concession allocation practices).
12 (3) DETERMINATION AND REPORT.—For each
13 government identified pursuant to paragraph (1),
14 the Secretary of State, not later than 180 days after
15 enactment of this Act, shall make a determination of
16 ‘‘significant progress’’ or ‘‘no significant progress’’
17 in meeting the minimum requirements of fiscal
18 transparency, and make such determinations pub-
19 licly available in an annual ‘‘Fiscal Transparency
20 Report’’ to be posted on the Department of State’s
21 Web site: Provided, That the Secretary shall identify
22 the significant progress made by each such govern-
23 ment to publicly disclose national budget documenta-
24 tion, contracts, and licenses which are additional to
25 such information disclosed in previous fiscal years,
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1 and include specific recommendations of short- and
2 long-term steps such government should take to im-
3 prove fiscal transparency: Provided further, That the
4 annual report shall include a detailed description of
5 how funds appropriated by this Act are being used
6 to improve fiscal transparency, and identify bench-
7 marks for measuring progress.
8 (4) ASSISTANCE.—Of the funds appropriated
9 under title III of this Act, not less than $10,000,000
10 should be made available for programs and activities
11 to assist governments identified pursuant to para-
12 graph (1) to improve budget transparency and to
13 support civil society organizations in such countries
14 that promote budget transparency: Provided, That
15 such sums shall be in addition to funds otherwise
16 made available for such purposes: Provided further,
17 That a description of the uses of such funds shall
18 be included in the annual ‘‘Fiscal Transparency Re-
19 port’’ required by paragraph (3).
20 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
21 (1) Officials of foreign governments and their
22 immediate family members who the Secretary of
23 State has credible information have been involved in
24 significant corruption, including corruption related
25 to the extraction of natural resources, or a gross vio-
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1248
1 lation of human rights shall be ineligible for entry
2 into the United States.
3 (2) Individuals shall not be ineligible if entry
4 into the United States would further important
5 United States law enforcement objectives or is nec-
6 essary to permit the United States to fulfill its obli-
7 gations under the United Nations Headquarters
8 Agreement: Provided, That nothing in paragraph (1)
9 shall be construed to derogate from United States
10 Government obligations under applicable inter-
11 national agreements.
12 (3) The Secretary may waive the application of
13 paragraph (1) if the Secretary determines that the
14 waiver would serve a compelling national interest or
15 that the circumstances which caused the individual
16 to be ineligible have changed sufficiently.
17 (4) Not later than 6 months after enactment of
18 this Act, the Secretary of State shall submit a re-
19 port, including a classified annex if necessary, to the
20 Committees on Appropriations describing the infor-
21 mation relating to corruption or violation of human
22 rights concerning each of the individuals found ineli-
23 gible in the previous 12 months pursuant to para-
24 graph (1), or who would be ineligible but for the ap-
25 plication of paragraph (2), a list of any waivers pro-
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1249
1 vided under paragraph (3), and the justification for
2 each waiver.
3 (5) Any unclassified portion of the report re-
4 quired under paragraph (4) shall be posted on the
5 Department of State’s Web site, without regard to
6 the requirements of section 222(f) of the Immigra-
7 tion and Nationality Act (8 U.S.C. 1202(f)) with re-
8 spect to confidentiality of records pertaining to the
9 issuance or refusal of visas or permits to enter the
10 United States.
11 (d) FOREIGN ASSISTANCE WEB SITE.—Funds appro-
12 priated by this Act under titles I and III may be made
13 available to support the provision of additional informa-
14 tion on United States Government foreign assistance on
15 the Department of State’s foreign assistance Web site:
16 Provided, That all Federal agencies funded under this Act
17 shall provide such information on foreign assistance, upon
18 request, to the Department of State.
19 DEMOCRACY PROGRAMS
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1 other provision of law, and with regard to the National
2 Endowment for Democracy (NED), any regulation.
3 (c)(1) For purposes of funds appropriated by this
4 Act, the term ‘‘democracy programs’’ means programs
5 that support good governance, credible and competitive
6 elections, freedom of expression, association, assembly,
7 and religion, human rights, labor rights, independent
8 media, and the rule of law, and that otherwise strengthen
9 the capacity of democratic political parties, governments,
10 nongovernmental organizations and institutions, and citi-
11 zens to support the development of democratic states, and
12 institutions that are responsive and accountable to citi-
13 zens.
14 (2) For purposes of funds appropriated under title
15 III of this Act, the term ‘‘democracy programs’’ shall also
16 include programs to rescue scholars, and fellowships,
17 scholarships, and exchanges in the Middle East and North
18 Africa region for academic professionals and university
19 students from countries in such region, subject to the reg-
20 ular notification procedures of the Committees on Appro-
21 priations.
22 (d) With respect to the provision of assistance for de-
23 mocracy, human rights, and governance activities in this
24 Act, the organizations implementing such assistance, the
25 specific nature of that assistance, and the participants in
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1 such programs shall not be subject to the prior approval
2 by the government of any foreign country: Provided, That
3 the Secretary of State, in coordination with the Adminis-
4 trator of the United States Agency for International De-
5 velopment (USAID), shall report to the Committees on
6 Appropriations, not later than 120 days after enactment
7 of this Act, detailing steps taken by the Department of
8 State and USAID to comply with the requirements of this
9 subsection.
10 (e) The Secretary of State shall submit to the Com-
11 mittees on Appropriations a strategy for the promotion of
12 democracy in each country that receives funds appro-
13 priated by this Act in title III and that is important to
14 the security interests of the United States, but whose cen-
15 tral government does not govern justly or in accordance
16 with the rule of law: Provided, That such strategy shall
17 include support for institutions and individuals within
18 such government that demonstrate a commitment to
19 democratic principles.
20 (f) Funds appropriated by this Act that are made
21 available for democracy programs shall be made available
22 to support freedom of religion, including in the Middle
23 East and North Africa.
24 (g) Any funds made available by this Act for a busi-
25 ness and human rights program in the People’s Republic
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1 of China shall be made available on a cost-matching basis
2 from sources other than the United States Government.
3 (h) The Bureau of Democracy, Human Rights, and
4 Labor, Department of State (DRL) and the Bureau for
5 Democracy, Conflict and Humanitarian Assistance,
6 USAID, shall regularly communicate their planned pro-
7 grams to the NED.
8 (i) Funds appropriated by this Act under the heading
9 ‘‘Democracy Fund’’ that are made available to DRL shall
10 be made available to establish and maintain a database
11 of prisons and gulags in North Korea, including a list of
12 political prisoners, and such database shall be regularly
13 updated and made publicly available on the Internet, as
14 appropriate.
15 MULTI-YEAR PLEDGES
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1253
1 related programs or previously authorized by an Act
2 of Congress;
3 (3) notified in accordance with the regular noti-
4 fication procedures of the Committees on Appropria-
5 tions, including the projected future year costs; or
6 (4) the subject of prior consultation with the
7 Committees on Appropriations and such consultation
8 was conducted at least 7 days in advance of the
9 pledge.
10 SPECIAL PROVISIONS
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1 (c) WORLD FOOD PROGRAM.—Funds managed by
2 the Bureau for Democracy, Conflict, and Humanitarian
3 Assistance, United States Agency for International Devel-
4 opment (USAID), from this or any other Act, may be
5 made available as a general contribution to the World
6 Food Program, notwithstanding any other provision of
7 law.
8 (d) DISARMAMENT, DEMOBILIZATION AND RE-
9 INTEGRATION.—Notwithstanding any other provision of
10 law, regulation or Executive order, funds appropriated by
11 this Act and prior Acts making appropriations for the De-
12 partment of State, foreign operations, and related pro-
13 grams under the headings ‘‘Economic Support Fund’’,
14 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As-
15 sistance’’, ‘‘Complex Crises Fund’’, and ‘‘Transition Ini-
16 tiatives’’ may be made available to support programs to
17 disarm, demobilize, and reintegrate into civilian society
18 former members of foreign terrorist organizations: Pro-
19 vided, That the Secretary of State shall consult with the
20 Committees on Appropriations prior to the obligation of
21 funds pursuant to this subsection: Provided further, That
22 for the purposes of this subsection the term ‘‘foreign ter-
23 rorist organization’’ means an organization designated as
24 a terrorist organization under section 219 of the Immigra-
25 tion and Nationality Act.
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1255
1 (e) RESEARCH AND TRAINING.—Funds appropriated
2 by this Act under the heading ‘‘Economic Support Fund’’
3 may be made available to carry out the Program for Re-
4 search and Training on Eastern Europe and the Inde-
5 pendent States of the Former Soviet Union as authorized
6 by the Soviet-Eastern European Research and Training
7 Act of 1983 (22 U.S.C. 4501–4508).
8 (f) PARTNER VETTING.—Funds appropriated in this
9 Act or any prior Acts making appropriations for the De-
10 partment of State, foreign operations, and related pro-
11 grams shall be used by the Secretary of State and the
12 USAID Administrator, as appropriate, to support the con-
13 tinued implementation of the Partner Vetting System
14 (PVS) pilot program: Provided, That the Secretary of
15 State and the USAID Administrator shall jointly submit
16 a report to the Committees on Appropriations, not later
17 than 30 days after completion of the pilot program, on
18 the estimated timeline and criteria for evaluating the PVS
19 for expansion: Provided further, That such report shall in-
20 clude the requirements under this subsection in the ex-
21 planatory statement described in section 4 (in the matter
22 preceding division A of this consolidated Act): Provided
23 further, That such report may be delivered in classified
24 form, if necessary.
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1256
1 (g) CONTINGENCIES.—During fiscal year 2014, the
2 President may use up to $100,000,000 under the author-
3 ity of section 451 of the Foreign Assistance Act of 1961,
4 notwithstanding any other provision of law.
5 (h) INTERNATIONAL CHILD ABDUCTIONS.—The Sec-
6 retary of State may withhold funds appropriated under
7 title III of this Act for assistance for the central govern-
8 ment of any country that is not taking appropriate steps
9 to comply with the Convention on the Civil Aspects of
10 International Child Abductions, done at the Hague on Oc-
11 tober 25, 1980: Provided, That the Secretary shall report
12 to the Committees on Appropriations within 15 days of
13 withholding funds under this subsection.
14 (i) REPORTS REPEALED.—Section 585 in the matter
15 under section 101(c) of Division A of Public Law 104–
16 208, Omnibus Consolidated Appropriations Act, 1997;
17 and subsection (g)(3) of section 7081 of the Department
18 of State, Foreign Operations, and Related Programs Ap-
19 propriations Act, 2010 (Division F of Public Law 111–
20 117) are hereby repealed.
21 (j) TRANSFERS FOR EXTRAORDINARY PROTEC-
22 TION.—The Secretary of State may transfer to, and merge
23 with, funds under the heading ‘‘Protection of Foreign Mis-
24 sions and Officials’’ unobligated balances of expired funds
25 appropriated under the heading ‘‘Diplomatic and Consular
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1257
1 Programs’’ for fiscal year 2014, except for funds des-
2 ignated for Overseas Contingency Operations/Global War
3 on Terrorism pursuant to section 251(b)(2)(A) of the Bal-
4 anced Budget and Emergency Deficit Control Act of 1985,
5 at no later than the end of the fifth fiscal year after the
6 last fiscal year for which such funds are available for the
7 purposes for which appropriated.
8 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES
9 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI-
10 ZATIONS.—The Secretary of State shall implement section
11 203(a)(2) of the William Wilberforce Trafficking Victims
12 Protection Reauthorization Act of 2008 (Public Law 110–
13 457): Provided, That in determining whether to suspend
14 the issuance of A–3 or G–5 visas under such section, the
15 Secretary should consider the following as ‘‘credible evi-
16 dence’’: (1) a final court judgment (including a default
17 judgment) issued against a current or former employee of
18 such mission or organization (for which the time period
19 for appeal has expired); (2) the issuance of a T-visa to
20 the victim; or (3) a request by the Department of State
21 to the sending state that immunity of individual diplomats
22 or family members be waived to permit criminal prosecu-
23 tion: Provided further, That the Secretary should assist
24 in obtaining payment of final court judgments awarded
25 to A–3 and G–5 visa holders, including encouraging the
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1258
1 sending states to provide compensation directly to victims:
2 Provided further, That the Secretary shall include in the
3 Trafficking in Persons annual report a concise summary
4 of each trafficking case involving an A–3 or G–5 visa hold-
5 er which meets one or more of the items in the first pro-
6 viso of this subsection.
7 (l) MODIFICATION OF AMENDMENT.—Section 620M
8 of the Foreign Assistance Act of 1961 (Limitation on As-
9 sistance to Security Forces) is amended in subsection
10 (d)(5) by striking everything after ‘‘when’’ and inserting
11 in lieu thereof ‘‘an individual is designated to receive
12 United States training, equipment, or other types of as-
13 sistance the individual’s unit is vetted as well as the indi-
14 vidual;’’.
15 (m) EXTENSION OF AUTHORITIES.—
16 (1) Section 1(b)(2) of the Passport Act of June
17 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
18 substituting ‘‘September 30, 2014’’ for ‘‘September
19 30, 2010’’.
20 (2) The authority provided by section 301(a)(3)
21 of the Omnibus Diplomatic Security and
22 Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3))
23 shall remain in effect for facilities in Afghanistan
24 through September 30, 2014, except that the notifi-
25 cation and reporting requirements contained in such
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1259
1 section shall include the Committees on Appropria-
2 tions.
3 (3) The authority contained in section 1115(d)
4 of Public Law 111–32 shall remain in effect through
5 September 30, 2014.
6 (4) Section 824(g) of the Foreign Service Act
7 of 1980 (22 U.S.C. 4064(g)) shall be applied by
8 substituting ‘‘September 30, 2014’’ for ‘‘October 1,
9 2010’’ in paragraph (2).
10 (5) Section 61(a) of the State Department
11 Basic Authorities Act of 1956 (22 U.S.C. 2733(a))
12 shall be applied by substituting ‘‘September 30,
13 2014’’ for ‘‘October 1, 2010’’ in paragraph (2).
14 (6) Section 625(j)(1) of the Foreign Assistance
15 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
16 by substituting ‘‘September 30, 2014’’ for ‘‘October
17 1, 2010’’ in subparagraph (B).
18 (7)(A) Subject to the limitation described in
19 subparagraph (B), the authority provided by section
20 1113 of the Supplemental Appropriations Act, 2009
21 (Public Law 111–32; 123 Stat. 1904) shall remain
22 in effect through September 30, 2014.
23 (B) The authority described in subparagraph
24 (A) may not be used to pay an eligible member of
25 the Foreign Service (as defined in section 1113(b) of
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1260
1 the Supplemental Appropriations Act, 2009) a local-
2 ity-based comparability payment (stated as a per-
3 centage) that exceeds two-thirds of the amount of
4 the locality-based comparability payment (stated as
5 a percentage) that would be payable to such member
6 under section 5304 of title 5, United States Code,
7 if such member’s official duty station were in the
8 District of Columbia.
9 (8) The Foreign Operations, Export Financing,
10 and Related Programs Appropriations Act, 1990
11 (Public Law 101–167) is amended—
12 (A) In section 599D (8 U.S.C. 1157
13 note)—
14 (i) in subsection (b)(3), by striking
15 ‘‘and 2013’’ and inserting ‘‘2013, and
16 2014’’; and
17 (ii) in subsection (e), by striking
18 ‘‘2013’’ each place it appears and inserting
19 ‘‘2014’’; and
20 (B) in section 599E (8 U.S.C. 1255 note)
21 in subsection (b)(2), by striking ‘‘2013’’ and in-
22 serting ‘‘2014’’.
23 (9) The authorities provided in section 1015(b)
24 of Public Law 111–212 shall remain in effect
25 through September 30, 2014.
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1261
1 (n) CROWD CONTROL ITEMS.—Funds appropriated
2 by this Act should not be used for tear gas, small arms,
3 light weapons, ammunition, or other items for crowd con-
4 trol purposes for foreign security forces that use excessive
5 force to repress peaceful expression, association, or assem-
6 bly in countries undergoing democratic transition.
7 (o) EXTENSION OF PROTECTION FOR AFGHAN AL-
8 LIES.—Section 602(b) of Public Law 111–8 is amended
9 by adding at the end of subsection 602(b)(3)(C):
10 ‘‘(D) ADDITIONAL FISCAL YEAR.—For fis-
11 cal year 2014, the total number of principal
12 aliens who may be provided special immigrant
13 status under this section may not exceed 3,000,
14 except that any unused balance of the total
15 number of principal aliens who may be provided
16 special immigrant status in fiscal year 2014
17 may be carried forward and provided through
18 the end of fiscal year 2015, notwithstanding the
19 provisions of paragraph (C), except that the one
20 year period during which an alien must have
21 been employed in accordance with subsection
22 (b)(2)(A)(ii) shall be the period from October 7,
23 2001 through December 31, 2014, and except
24 that the principal alien seeking special immi-
25 grant status under this subparagraph shall
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1262
1 apply to the Chief of Mission in accordance
2 with subsection (b)(2)(D) no later than Sep-
3 tember 30, 2014.’’.
4 (p) DEPARTMENT OF STATE WORKING CAPITAL
5 FUND.—Funds appropriated by this Act or otherwise
6 made available to the Department of State for payments
7 to the Working Capital Fund may only be used for the
8 activities and in the amounts allowed in the President’s
9 fiscal year 2014 budget: Provided, That Federal agency
10 components shall be charged only for their direct usage
11 of each Working Capital Fund service: Provided further,
12 That Federal agency components may only pay for Work-
13 ing Capital Fund services that are consistent with the
14 component’s purpose and authorities: Provided further,
15 That the Working Capital Fund shall be paid in advance
16 or reimbursed at rates which will return the full cost of
17 each service: Provided further, That the Working Capital
18 Fund shall be subject to the requirements of section 7015
19 of this Act.
20 (q) PROPERTY MANAGEMENT.—Section 585(a) of
21 Public Law 101–513 is amended by inserting ‘‘and for
22 maintenance’’ after ‘‘of that Act’’.
23 (r) EVALUATIONS OF ASSISTANCE.—Funds appro-
24 priated by this Act that are available for monitoring and
25 evaluation of assistance funded under the headings ‘‘Inter-
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1263
1 national Disaster Assistance’’ and ‘‘Migration and Ref-
2 ugee Assistance’’ should be made available for the inde-
3 pendent and systematic collection and reporting of infor-
4 mation obtained directly from beneficiaries of such assist-
5 ance regarding the quality and utility of such assistance,
6 for the purpose of maximizing its cost effectiveness: Pro-
7 vided, That the Department of State and USAID, as ap-
8 propriate, shall post summaries of such information on
9 their Web sites.
10 (s) HIV/AIDS WORKING CAPITAL FUND.—Funds
11 available in the HIV/AIDS Working Capital Fund estab-
12 lished pursuant to section 525(b)(1) of the Foreign Oper-
13 ations, Export Financing, and Related Programs Appro-
14 priations Act, 2005 (Public Law 108–477) may be made
15 available for pharmaceuticals and other products for child
16 survival, malaria, and tuberculosis to the same extent as
17 HIV/AIDS pharmaceuticals and other products, subject to
18 the terms and conditions in such section: Provided, That
19 the authority in section 525(b)(5) of the Foreign Oper-
20 ations, Export Financing, and Related Programs Appro-
21 priations Act, 2005 (Public Law 108–477) shall be exer-
22 cised by the Assistant Administrator for Global Health,
23 USAID, with respect to funds deposited for such non-
24 HIV/AIDS pharmaceuticals and other products, and shall
25 be subject to the regular notification procedures of the
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1264
1 Committees on Appropriations: Provided further, That the
2 Secretary of State shall include in the congressional budg-
3 et justification an accounting of budgetary resources, dis-
4 bursements, balances, and reimbursements related to such
5 fund.
6 (t) DEFINITIONS.—
7 (1) Unless otherwise defined in this Act, for
8 purposes of this Act the term ‘‘appropriate congres-
9 sional committees’’ shall mean the Committees on
10 Appropriations and Foreign Relations of the Senate
11 and the Committees on Appropriations and Foreign
12 Affairs of the House of Representatives.
13 (2) Unless otherwise defined in this Act, for
14 purposes of this Act the term ‘‘funds appropriated
15 in this Act and prior Acts making appropriations for
16 the Department of State, foreign operations, and re-
17 lated programs’’ shall mean funds that remain avail-
18 able for obligation, and have not expired.
19 ARAB LEAGUE BOYCOTT OF ISRAEL
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1265
1 (2) the Arab League boycott, which was regret-
2 tably reinstated in 1997, should be immediately and
3 publicly terminated, and the Central Office for the
4 Boycott of Israel immediately disbanded;
5 (3) all Arab League states should normalize re-
6 lations with their neighbor Israel;
7 (4) the President and the Secretary of State
8 should continue to vigorously oppose the Arab
9 League boycott of Israel and find concrete steps to
10 demonstrate that opposition by, for example, taking
11 into consideration the participation of any recipient
12 country in the boycott when determining to sell
13 weapons to said country; and
14 (5) the President should report to Congress an-
15 nually on specific steps being taken by the United
16 States to encourage Arab League states to normalize
17 their relations with Israel to bring about the termi-
18 nation of the Arab League boycott of Israel, includ-
19 ing those to encourage allies and trading partners of
20 the United States to enact laws prohibiting busi-
21 nesses from complying with the boycott and penal-
22 izing businesses that do comply.
23 PALESTINIAN STATEHOOD
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1266
1 this Act may be provided to support a Palestinian state
2 unless the Secretary of State determines and certifies to
3 the appropriate congressional committees that—
4 (1) the governing entity of a new Palestinian
5 state—
6 (A) has demonstrated a firm commitment
7 to peaceful co-existence with the State of Israel;
8 and
9 (B) is taking appropriate measures to
10 counter terrorism and terrorist financing in the
11 West Bank and Gaza, including the dismantling
12 of terrorist infrastructures, and is cooperating
13 with appropriate Israeli and other appropriate
14 security organizations; and
15 (2) the Palestinian Authority (or the governing
16 entity of a new Palestinian state) is working with
17 other countries in the region to vigorously pursue ef-
18 forts to establish a just, lasting, and comprehensive
19 peace in the Middle East that will enable Israel and
20 an independent Palestinian state to exist within the
21 context of full and normal relationships, which
22 should include—
23 (A) termination of all claims or states of
24 belligerency;
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1267
1 (B) respect for and acknowledgment of the
2 sovereignty, territorial integrity, and political
3 independence of every state in the area through
4 measures including the establishment of demili-
5 tarized zones;
6 (C) their right to live in peace within se-
7 cure and recognized boundaries free from
8 threats or acts of force;
9 (D) freedom of navigation through inter-
10 national waterways in the area; and
11 (E) a framework for achieving a just set-
12 tlement of the refugee problem.
13 (b) SENSE OF CONGRESS.—It is the sense of Con-
14 gress that the governing entity should enact a constitution
15 assuring the rule of law, an independent judiciary, and
16 respect for human rights for its citizens, and should enact
17 other laws and regulations assuring transparent and ac-
18 countable governance.
19 (c) WAIVER.—The President may waive subsection
20 (a) if the President determines that it is important to the
21 national security interests of the United States to do so.
22 (d) EXEMPTION.—The restriction in subsection (a)
23 shall not apply to assistance intended to help reform the
24 Palestinian Authority and affiliated institutions, or the
25 governing entity, in order to help meet the requirements
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1268
1 of subsection (a), consistent with the provisions of section
2 7040 of this Act (‘‘Limitation on Assistance for the Pales-
3 tinian Authority’’).
4 RESTRICTIONS CONCERNING THE PALESTINIAN
5 AUTHORITY
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1269
1 other subjects with Palestinians (including those who now
2 occupy positions in the Palestinian Authority), have social
3 contacts, and have incidental discussions.
4 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
5 BROADCASTING CORPORATION
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1 ensure that such assistance is not provided to or through
2 any individual, private or government entity, or edu-
3 cational institution that the Secretary knows or has reason
4 to believe advocates, plans, sponsors, engages in, or has
5 engaged in, terrorist activity nor, with respect to private
6 entities or educational institutions, those that have as a
7 principal officer of the entity’s governing board or gov-
8 erning board of trustees any individual that has been de-
9 termined to be involved in, or advocating terrorist activity
10 or determined to be a member of a designated foreign ter-
11 rorist organization: Provided, That the Secretary of State
12 shall, as appropriate, establish procedures specifying the
13 steps to be taken in carrying out this subsection and shall
14 terminate assistance to any individual, entity, or edu-
15 cational institution which the Secretary has determined to
16 be involved in or advocating terrorist activity.
17 (c) PROHIBITION.—
18 (1) None of the funds appropriated under titles
19 III through VI of this Act for assistance under the
20 West Bank and Gaza Program may be made avail-
21 able for the purpose of recognizing or otherwise hon-
22 oring individuals who commit, or have committed
23 acts of terrorism.
24 (2) Notwithstanding any other provision of law,
25 none of the funds made available by this or prior ap-
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1 propriations Acts, including funds made available by
2 transfer, may be made available for obligation for se-
3 curity assistance for the West Bank and Gaza until
4 the Secretary of State reports to the Committees on
5 Appropriations on the benchmarks that have been
6 established for security assistance for the West
7 Bank and Gaza and reports on the extent of Pales-
8 tinian compliance with such benchmarks.
9 (d) AUDITS.—
10 (1) The Administrator of the United States
11 Agency for International Development shall ensure
12 that Federal or non-Federal audits of all contractors
13 and grantees, and significant subcontractors and
14 sub-grantees, under the West Bank and Gaza Pro-
15 gram, are conducted at least on an annual basis to
16 ensure, among other things, compliance with this
17 section.
18 (2) Of the funds appropriated by this Act up to
19 $500,000 may be used by the Office of Inspector
20 General of the United States Agency for Inter-
21 national Development for audits, inspections, and
22 other activities in furtherance of the requirements of
23 this subsection: Provided, That such funds are in ad-
24 dition to funds otherwise available for such pur-
25 poses.
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1272
1 (e) Subsequent to the certification specified in sub-
2 section (a), the Comptroller General of the United States
3 shall conduct an audit and an investigation of the treat-
4 ment, handling, and uses of all funds for the bilateral
5 West Bank and Gaza Program, including all funds pro-
6 vided as cash transfer assistance, in fiscal year 2014
7 under the heading ‘‘Economic Support Fund’’, and such
8 audit shall address—
9 (1) the extent to which such Program complies
10 with the requirements of subsections (b) and (c);
11 and
12 (2) an examination of all programs, projects,
13 and activities carried out under such Program, in-
14 cluding both obligations and expenditures.
15 (f) Funds made available in this Act for West Bank
16 and Gaza shall be subject to the regular notification proce-
17 dures of the Committees on Appropriations.
18 (g) Not later than 180 days after enactment of this
19 Act, the Secretary of State shall submit a report to the
20 Committees on Appropriations updating the report con-
21 tained in section 2106 of chapter 2 of title II of Public
22 Law 109–13.
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1 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN
2 AUTHORITY
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1274
1 tinian Authority has taken to arrest terrorists, confiscate
2 weapons and dismantle the terrorist infrastructure.
3 (e) CERTIFICATION.—If the President exercises the
4 waiver authority under subsection (b), the Secretary of
5 State must certify and report to the Committees on Ap-
6 propriations prior to the obligation of funds that the Pal-
7 estinian Authority has established a single treasury ac-
8 count for all Palestinian Authority financing and all fi-
9 nancing mechanisms flow through this account, no parallel
10 financing mechanisms exist outside of the Palestinian Au-
11 thority treasury account, and there is a single comprehen-
12 sive civil service roster and payroll, and the Palestinian
13 Authority is acting to counter incitement of violence
14 against Israelis and is supporting activities aimed at pro-
15 moting peace, coexistence, and security cooperation with
16 Israel.
17 (f) PROHIBITION TO HAMAS AND THE PALESTINE
18 LIBERATION ORGANIZATION.—
19 (1) None of the funds appropriated in titles III
20 through VI of this Act may be obligated for salaries
21 of personnel of the Palestinian Authority located in
22 Gaza or may be obligated or expended for assistance
23 to Hamas or any entity effectively controlled by
24 Hamas, any power-sharing government of which
25 Hamas is a member, or that results from an agree-
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1275
1 ment with Hamas and over which Hamas exercises
2 undue influence.
3 (2) Notwithstanding the limitation of paragraph
4 (1), assistance may be provided to a power-sharing
5 government only if the President certifies and re-
6 ports to the Committees on Appropriations that such
7 government, including all of its ministers or such
8 equivalent, has publicly accepted and is complying
9 with the principles contained in section 620K(b)(1)
10 (A) and (B) of the Foreign Assistance Act of 1961,
11 as amended.
12 (3) The President may exercise the authority in
13 section 620K(e) of the Foreign Assistance Act of
14 1961, as added by the Palestine Anti-Terrorism Act
15 of 2006 (Public Law 109–446) with respect to this
16 subsection.
17 (4) Whenever the certification pursuant to
18 paragraph (2) is exercised, the Secretary of State
19 shall submit a report to the Committees on Appro-
20 priations within 120 days of the certification and
21 every quarter thereafter on whether such govern-
22 ment, including all of its ministers or such equiva-
23 lent are continuing to comply with the principles
24 contained in section 620K(b)(1) (A) and (B) of the
25 Foreign Assistance Act of 1961, as amended: Pro-
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1276
1 vided, That the report shall also detail the amount,
2 purposes and delivery mechanisms for any assistance
3 provided pursuant to the abovementioned certifi-
4 cation and a full accounting of any direct support of
5 such government.
6 (5) None of the funds appropriated under titles
7 III through VI of this Act may be obligated for as-
8 sistance for the Palestine Liberation Organization.
9 MIDDLE EAST AND NORTH AFRICA
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1 available for higher education programs including
2 not less than $10,000,000 for scholarships at not-
3 for-profit institutions for Egyptian students with
4 high financial need: Provided, That such funds may
5 also be made available for democracy programs.
6 (B) Notwithstanding any provision of law
7 restricting assistance for Egypt, including para-
8 graph (6) of this subsection, funds made avail-
9 able under the heading ‘‘Economic Support
10 Fund’’ in this Act and prior Acts making ap-
11 propriations for the Department of State, for-
12 eign operations, and related programs for as-
13 sistance for Egypt may be made available for
14 education and economic growth programs, sub-
15 ject to prior consultation with the appropriate
16 congressional committees: Provided, That such
17 funds may not be made available for cash
18 transfer assistance or budget support unless the
19 Secretary of State certifies to the appropriate
20 congressional committees that the Government
21 of Egypt is taking steps to stabilize the econ-
22 omy and implement economic reforms.
23 (C) The Secretary of State may reduce the
24 amount of assistance for the central Govern-
25 ment of Egypt under the heading ‘‘Economic
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1278
1 Support Fund’’ by an amount the Secretary de-
2 termines is equivalent to that expended by the
3 United States Government for bail, and by non-
4 governmental organizations for legal and court
5 fees, associated with democracy-related trials in
6 Egypt.
7 (3) FOREIGN MILITARY FINANCING PRO-
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1 in subparagraph (6)(A) or (B) of this subsection are
2 met.
3 (4) PRIOR YEAR FUNDS.—Funds appropriated
4 under the headings ‘‘Foreign Military Financing
5 Program’’ and ‘‘International Military Education
6 and Training’’ in prior Acts making appropriations
7 for the Department of State, foreign operations, and
8 related programs may be made available notwith-
9 standing any provision of law restricting assistance
10 for Egypt, except that such funds under the heading
11 ‘‘Foreign Military Financing Program’’ shall only be
12 made available at the minimum rate necessary to
13 continue existing contracts, and following consulta-
14 tion with the Committees on Appropriations.
15 (5) SECURITY EXEMPTIONS.—Notwithstanding
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1280
1 (6) FISCAL YEAR 2014 FUNDS.—Except as pro-
2 vided in paragraphs (2), (3) and (5) of this sub-
3 section, funds appropriated by this Act under the
4 headings ‘‘Economic Support Fund’’, ‘‘International
5 Military Education and Training’’, and ‘‘Foreign
6 Military Financing Program’’ for assistance for the
7 Government of Egypt may be made available not-
8 withstanding any provision of law restricting assist-
9 ance for Egypt as follows—
10 (A) up to $975,000,000 may be made
11 available if the Secretary of State certifies to
12 the Committees on Appropriations that the
13 Government of Egypt has held a constitutional
14 referendum, and is taking steps to support a
15 democratic transition in Egypt; and
16 (B) up to $576,800,000 may be made
17 available if the Secretary of State certifies to
18 the Committees on Appropriations that the
19 Government of Egypt has held parliamentary
20 and presidential elections, and that a newly
21 elected Government of Egypt is taking steps to
22 govern democratically.
23 (b) IRAN.—The terms and conditions of section
24 7041(c) in division I of Public Law 112–74 shall continue
25 in effect during fiscal year 2014 as if part of this Act,
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1281
1 except that the date in paragraph (3) shall be deemed to
2 be ‘‘September 30, 2014’’.
3 (c) IRAQ.—
4 (1) Funds appropriated by this Act for assist-
5 ance for the Government of Iraq should be made
6 available to such government to support inter-
7 national efforts to promote regional stability, includ-
8 ing in Syria.
9 (2) Funds appropriated by this Act under the
10 heading ‘‘Economic Support Fund’’ for assistance
11 for Iraq shall be made available for democracy pro-
12 grams, which shall be the responsibility of the As-
13 sistant Secretary of State for Democracy, Human
14 Rights, and Labor, in consultation with the Chief of
15 Mission.
16 (3)(A) Not later than 90 days after enactment
17 of this Act, the Secretary of State shall submit a re-
18 port to the appropriate congressional committees as-
19 sessing cost effective, operational alternatives for
20 Consulate Basrah, including closure of the Consulate
21 and coverage of Basrah from Embassy Baghdad:
22 Provided, That should the Secretary of State deter-
23 mine that the closure of Consulate Basrah is a cost
24 effective alternative, funds made available by this
25 Act under the heading ‘‘Diplomatic and Consular
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1 Programs’’ for such diplomatic facility may be trans-
2 ferred to, and merged with, funds made available by
3 this Act under the heading ‘‘Embassy Security, Con-
4 struction, and Maintenance’’ to increase security at
5 diplomatic facilities abroad.
6 (B) Of the funds appropriated under title I of
7 this Act that are made available for the costs of op-
8 erations at Embassy Baghdad, 10 percent may not
9 be obligated until the Secretary of State reports to
10 the Committees on Appropriations on all active dip-
11 lomatic facility construction projects in Iraq since
12 October 1, 2011, including the status of each
13 project, the amount obligated and expended for each
14 project, the savings from completed or terminated
15 projects, and how such savings were reprogrammed:
16 Provided, That none of the funds appropriated by
17 title I of this Act may be made available for con-
18 struction, rehabilitation, or other improvements to
19 facilities in Iraq on property for which no land-use
20 agreement has been entered into by the Govern-
21 ments of the United States and Iraq: Provided fur-
22 ther, That the restrictions in this subparagraph shall
23 not apply if such funds are necessary to protect
24 United States Government facilities or the security,
25 health, and welfare of United States personnel.
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1 (d) JORDAN.—Of the funds appropriated by this Act
2 for assistance for Jordan—
3 (1) not less than $360,000,000 shall be made
4 available under the heading ‘‘Economic Support
5 Fund’’ and not less than $300,000,000 shall be
6 made available under the heading ‘‘Foreign Military
7 Financing Program’’; and
8 (2) from amounts made available under title
9 VIII designated for Overseas Contingency Oper-
10 ations/Global War on Terrorism, not less than
11 $340,000,000 above the levels included in the
12 Memorandum of Understanding between the United
13 States and Jordan shall be made available for the
14 extraordinary costs related to instability in the re-
15 gion, including for security requirements along the
16 border with Iraq.
17 (e) LEBANON.—
18 (1) None of the funds appropriated by this Act
19 may be made available for the Lebanese Armed
20 Forces (LAF) if the LAF is controlled by a foreign
21 terrorist organization, as designated pursuant to sec-
22 tion 219 of the Immigration and Nationality Act.
23 (2) Funds appropriated by this Act under the
24 heading ‘‘Foreign Military Financing Program’’ for
25 assistance for Lebanon may be made available only
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1284
1 to professionalize the LAF and to strengthen border
2 security and combat terrorism, including training
3 and equipping the LAF to secure Lebanon’s borders,
4 interdicting arms shipments, preventing the use of
5 Lebanon as a safe haven for terrorist groups, and to
6 implement United Nations Security Council Resolu-
7 tion 1701: Provided, That funds may not be made
8 available for obligation for assistance for the LAF
9 until the Secretary of State submits a detailed spend
10 plan, including actions to be taken to ensure that
11 equipment provided to the LAF is used only for the
12 intended purposes, to the Committees on Appropria-
13 tions, except such plan may not be considered as
14 meeting the notification requirements under section
15 7015 of this Act or under section 634A of the For-
16 eign Assistance Act of 1961, and shall be submitted
17 not later than September 1, 2014: Provided further,
18 That any notification submitted pursuant to section
19 634A of the Foreign Assistance Act of 1961 or sec-
20 tion 7015 of this Act shall include any funds specifi-
21 cally intended for lethal military equipment.
22 (3) Funds appropriated by this Act under the
23 heading ‘‘Economic Support Fund’’ for assistance
24 for Lebanon may be made available notwithstanding
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1285
1 any other provision of law, except for the provisions
2 of this Act.
3 (f) LIBYA.—
4 (1) None of the funds appropriated by this Act
5 may be made available for assistance for the central
6 Government of Libya unless the Secretary of State
7 reports to the Committees on Appropriations that
8 such government is cooperating with United States
9 Government efforts to investigate and bring to jus-
10 tice those responsible for the attack on United
11 States personnel and facilities in Benghazi, Libya in
12 September 2012: Provided, That the limitation in
13 this paragraph shall not apply to funding made
14 available for the purpose of protecting United States
15 Government personnel or facilities.
16 (2) None of the funds appropriated by this Act
17 may be made available for assistance for Libya for
18 infrastructure projects, except on a loan basis with
19 terms favorable to the United States, and only fol-
20 lowing consultation with the Committees on Appro-
21 priations.
22 (g) LOAN GUARANTEES AND ENTERPRISE FUNDS.—
23 (1) Funds appropriated under the heading
24 ‘‘Economic Support Fund’’ in this Act—
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1286
1 (A) may be made available for the costs, as
2 defined in section 502 of the Congressional
3 Budget Act of 1974, of loan guarantees for Tu-
4 nisia and Jordan, which are authorized to be
5 provided: Provided, That amounts made avail-
6 able under this paragraph for the cost of guar-
7 antees shall not be considered ‘‘assistance’’ for
8 the purposes of provisions of law limiting assist-
9 ance to a country; and
10 (B) may be made available to establish and
11 operate one or more enterprise funds for Egypt,
12 Tunisia, and Jordan: Provided, That the first,
13 third and fifth provisos under section 7041(b)
14 of division I of Public Law 112–74 shall apply
15 to funds appropriated by this Act under the
16 heading ‘‘Economic Support Fund’’ for an en-
17 terprise fund or funds to the same extent and
18 in the manner as such provision of law applied
19 to funds made available under such section (ex-
20 cept that the clause excluding subsection (d)(3)
21 of section 201 of the SEED Act shall not
22 apply): Provided further, That the authority of
23 any such enterprise fund or funds to provide as-
24 sistance shall cease to be effective on December
25 31, 2024.
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1287
1 (2) Funds made available by this subsection
2 shall be subject to prior consultation with, and the
3 regular notification procedures of, the Committees
4 on Appropriations.
5 (h) MOROCCO.—Funds appropriated under title III
6 of this Act that are available for assistance for Morocco
7 should also be available for assistance for the territory of
8 the Western Sahara: Provided, That the Secretary of
9 State, in consultation with the Administrator of the
10 United States Agency for International Development, shall
11 submit a report to the Committees on Appropriations, not
12 later than 90 days after enactment of this Act, on pro-
13 posed uses of such assistance.
14 (i) SYRIA.—
15 (1) Funds appropriated under title III of this
16 Act and prior Acts making appropriations for the
17 Department of State, foreign operations, and related
18 programs may be made available notwithstanding
19 any other provision of law for non-lethal assistance
20 for programs to address the needs of civilians af-
21 fected by conflict in Syria, and for programs that
22 seek to—
23 (A) establish governance in Syria that is
24 representative, inclusive, and accountable;
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1288
1 (B) develop and implement political proc-
2 esses that are democratic, transparent, and ad-
3 here to the rule of law;
4 (C) further the legitimacy of the Syrian
5 opposition through cross-border programs;
6 (D) develop civil society and an inde-
7 pendent media in Syria;
8 (E) promote economic development in
9 Syria;
10 (F) document, investigate, and prosecute
11 human rights violations in Syria, including
12 through transitional justice programs and sup-
13 port for nongovernmental organizations; and
14 (G) counter extremist ideologies.
15 (2) Prior to the obligation of funds appro-
16 priated by this Act and made available for assistance
17 for Syria, the Secretary of State shall take all appro-
18 priate steps to ensure that mechanisms are in place
19 for the adequate monitoring, oversight, and control
20 of such assistance inside Syria: Provided, That the
21 Secretary of State shall promptly inform the appro-
22 priate congressional committees of each significant
23 instance in which assistance provided pursuant to
24 the authority of this subsection has been com-
25 promised, to include the type and amount of assist-
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1289
1 ance affected, a description of the incident and par-
2 ties involved, and an explanation of the Department
3 of State’s response.
4 (3) Funds appropriated by this Act that are
5 made available for assistance for Syria pursuant to
6 the authority of this subsection may only be made
7 available after the Secretary of State, in consultation
8 with the heads of relevant United States Govern-
9 ment agencies, submits, in classified form if nec-
10 essary, a comprehensive strategy to the appropriate
11 congressional committees, which shall include a clear
12 mission statement, achievable objectives and
13 timelines, and a description of inter-agency and
14 donor coordination and implementation of such
15 strategy: Provided, That such strategy shall also in-
16 clude a description of oversight and vetting proce-
17 dures to prevent the misuse of funds.
18 (4) Funds made available pursuant to this sub-
19 section may only be made available following con-
20 sultation with the appropriate congressional commit-
21 tees, and shall be subject to the regular notification
22 procedures of the Committees on Appropriations.
23 (j) WEST BANK AND GAZA.—
24 (1) REPORT ON ASSISTANCE.—Prior to the ini-
25 tial obligation of funds made available by this Act
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1 under the heading ‘‘Economic Support Fund’’ for
2 assistance for the West Bank and Gaza, the Sec-
3 retary of State shall report to the Committees on
4 Appropriations that the purpose of such assistance
5 is to—
6 (A) advance Middle East peace;
7 (B) improve security in the region;
8 (C) continue support for transparent and
9 accountable government institutions;
10 (D) promote a private sector economy; or
11 (E) address urgent humanitarian needs.
12 (2) LIMITATIONS.—
13 (A)(i) None of the funds appropriated
14 under the heading ‘‘Economic Support Fund’’
15 in this Act may be made available for assistance
16 for the Palestinian Authority, if after the date
17 of enactment of this Act—
18 (I) the Palestinians obtain the
19 same standing as member states or
20 full membership as a state in the
21 United Nations or any specialized
22 agency thereof outside an agreement
23 negotiated between Israel and the Pal-
24 estinians; or
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1291
1 (II) the Palestinians initiate an
2 International Criminal Court judi-
3 cially authorized investigation, or ac-
4 tively support such an investigation,
5 that subjects Israeli nationals to an
6 investigation for alleged crimes
7 against Palestinians.
8 (ii) The Secretary of State may waive the
9 restriction in paragraph (A) resulting from the
10 application of subparagraph (A)(i)(I) if the Sec-
11 retary certifies to the Committees on Appro-
12 priations that to do so is in the national secu-
13 rity interest of the United States, and submits
14 a report to such Committees detailing how the
15 waiver and the continuation of assistance would
16 assist in furthering Middle East peace.
17 (B)(i) The President may waive the provi-
18 sions of section 1003 of Public Law 100–204 if
19 the President determines and certifies in writ-
20 ing to the Speaker of the House of Representa-
21 tives, the President pro tempore of the Senate,
22 and the Committees on Appropriations that the
23 Palestinians have not, after the date of enact-
24 ment of this Act, obtained in the United Na-
25 tions or any specialized agency thereof the same
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1292
1 standing as member states or full membership
2 as a state outside an agreement negotiated be-
3 tween Israel and the Palestinians.
4 (ii) Not less than 90 days after the Presi-
5 dent is unable to make the certification pursu-
6 ant to subparagraph (i), the President may
7 waive section 1003 of Public Law 100–204 if
8 the President determines and certifies in writ-
9 ing to the Speaker of the House of Representa-
10 tives, the President pro tempore of the Senate,
11 and the Committees on Appropriations that the
12 Palestinians have entered into direct and mean-
13 ingful negotiations with Israel: Provided, That
14 any waiver of the provisions of section 1003 of
15 Public Law 100–204 under subparagraph (i) of
16 this paragraph or under previous provisions of
17 law must expire before the waiver under the
18 preceding sentence may be exercised.
19 (iii) Any waiver pursuant to this paragraph
20 shall be effective for no more than a period of
21 6 months at a time and shall not apply beyond
22 12 months after the enactment of this Act.
23 (k) YEMEN.—None of the funds appropriated by this
24 Act for assistance for Yemen may be made available for
25 the Armed Forces of Yemen if such forces are controlled
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1293
1 by a foreign terrorist organization, as designated pursuant
2 to section 219 of the Immigration and Nationality Act.
3 AFRICA
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1294
1 priated by this Act under the heading ‘‘Global Health Pro-
2 grams’’ for HIV/AIDS activities may be transferred to,
3 and merged with, funds appropriated under the headings
4 ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’
5 to respond to unanticipated crises in Africa, except that
6 funds shall not be transferred unless the Secretary of
7 State certifies to the Committees on Appropriations that
8 no individual currently on anti-retroviral therapy sup-
9 ported by such funds shall be negatively impacted by the
10 transfer of such funds: Provided, That the authority of
11 this subsection shall be subject to prior consultation with
12 the Committees on Appropriations.
13 (d) ETHIOPIA.—
14 (1) Funds appropriated by this Act that are
15 available for assistance for Ethiopian military and
16 police forces shall not be made available unless the
17 Secretary of State—
18 (A) certifies to the Committees on Appro-
19 priations that the Government of Ethiopia is
20 implementing policies to—
21 (i) protect judicial independence; free-
22 dom of expression, association, assembly,
23 and religion; the right of political opposi-
24 tion parties, civil society organizations, and
25 journalists to operate without harassment
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1295
1 or interference; and due process of law;
2 and
3 (ii) permit access to human rights and
4 humanitarian organizations to the Somali
5 region of Ethiopia; and
6 (B) submits a report to the Committees on
7 Appropriations on the types and amounts of
8 United States training and equipment proposed
9 to be provided to the Ethiopian military and po-
10 lice including steps to ensure that such assist-
11 ance is not provided to military or police per-
12 sonnel or units that have violated human rights,
13 and steps taken by the Government of Ethiopia
14 to investigate and prosecute members of the
15 Ethiopian military and police who have been
16 credibly alleged to have violated such rights.
17 (2) The restriction in paragraph (1) shall not
18 apply to IMET assistance, assistance to Ethiopian
19 military efforts in support of international peace-
20 keeping operations, countering regional terrorism,
21 border security, and for assistance to the Ethiopian
22 Defense Command and Staff College.
23 (3) Funds appropriated by this Act under the
24 headings ‘‘Development Assistance’’ and ‘‘Economic
25 Support Fund’’ that are available for assistance in
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1296
1 the lower Omo and Gambella regions of Ethiopia
2 shall—
3 (A) not be used to support activities that
4 directly or indirectly involve forced evictions;
5 (B) support initiatives of local communities
6 to improve their livelihoods; and
7 (C) be subject to prior consultation with
8 affected populations.
9 (4) The Secretary of the Treasury shall instruct
10 the United States executive director of each inter-
11 national financial institution to oppose financing for
12 any activities that directly or indirectly involve
13 forced evictions in Ethiopia.
14 (e) EXPANDED INTERNATIONAL MILITARY EDU-
15 CATION AND TRAINING.—
16 (1) Funds appropriated under the heading
17 ‘‘International Military Education and Training’’
18 (IMET) in this Act that are made available for as-
19 sistance for Angola, Cameroon, Chad, Côte d’Ivoire,
20 Guinea, Somalia, and Zimbabwe may be made avail-
21 able only for training related to international peace-
22 keeping operations and expanded IMET: Provided,
23 That the limitation included in this paragraph shall
24 not apply to courses that support training in mari-
25 time security.
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1297
1 (2) None of the funds appropriated under the
2 heading ‘‘International Military Education and
3 Training’’ in this Act may be made available for as-
4 sistance for Equatorial Guinea or the Central Afri-
5 can Republic.
6 (f) LORD’S RESISTANCE ARMY.—Funds appropriated
7 by this Act shall be made available for programs and ac-
8 tivities in areas affected by the Lord’s Resistance Army
9 (LRA) consistent with the goals of the Lord’s Resistance
10 Army Disarmament and Northern Uganda Recovery Act
11 (Public Law 111–172), including to improve physical ac-
12 cess, telecommunications infrastructure, and early-warn-
13 ing mechanisms and to support the disarmament, demobi-
14 lization, and reintegration of former LRA combatants, es-
15 pecially child soldiers.
16 (g) PROGRAMS IN AFRICA.—
17 (1) Of the funds appropriated by this Act under
18 the headings ‘‘Global Health Programs’’, ‘‘Complex
19 Crises Fund’’, and ‘‘Economic Support Fund’’, not
20 less than $7,000,000 shall be made available for a
21 pilot program to address health and development
22 challenges in Africa and promote increased economic
23 opportunities with the United States.
24 (2) Of the funds appropriated by this Act under
25 the heading ‘‘Economic Support Fund’’ and ‘‘Inter-
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1298
1 national Narcotics Control and Law Enforcement’’,
2 not less than $8,000,000 shall be made available for
3 a pilot program to address security challenges in Af-
4 rica.
5 (3) Funds made available under paragraphs (1)
6 and (2) shall be programmed in a manner that
7 leverages a United States Government-wide ap-
8 proach to addressing shared challenges and mutually
9 beneficial opportunities, and shall be the responsi-
10 bility of United States Chiefs of Mission in countries
11 in Africa seeking enhanced partnerships with the
12 United States in areas of trade, investment, develop-
13 ment, health, and security.
14 (h) SOMALIA.—
15 (1) Funds appropriated by this Act under the
16 heading ‘‘Economic Support Fund’’ that are made
17 available for assistance for Somalia should be used
18 to promote dialogue and reconciliation between the
19 central government and Somali regions, and should
20 be provided in an impartial manner that is based on
21 need and institutional capacity.
22 (2) None of the funds appropriated by this Act
23 may be made available for lethal assistance for So-
24 mali security forces.
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1299
1 (i) SOUTH AFRICA.—Not later than 90 days after en-
2 actment of this Act, and following consultation with the
3 Government of South Africa, the Secretary of State shall
4 submit a transition strategy to the appropriate congres-
5 sional committees for the President’s Emergency Plan for
6 AIDS Relief in South Africa, including projected trajec-
7 tories for levels and types of United States assistance.
8 (j) SUDAN.—
9 (1) Notwithstanding any other provision of law,
10 none of the funds appropriated by this Act may be
11 made available for assistance for the Government of
12 Sudan.
13 (2) None of the funds appropriated by this Act
14 may be made available for the cost, as defined in
15 section 502 of the Congressional Budget Act of
16 1974, of modifying loans and loan guarantees held
17 by the Government of Sudan, including the cost of
18 selling, reducing, or canceling amounts owed to the
19 United States, and modifying concessional loans,
20 guarantees, and credit agreements.
21 (3) The limitations of paragraphs (1) and (2)
22 shall not apply to—
23 (A) humanitarian assistance;
24 (B) assistance for the Darfur region,
25 Southern Kordofan State, Blue Nile State,
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1300
1 other marginalized areas and populations in
2 Sudan, and Abyei; and
3 (C) assistance to support implementation
4 of outstanding issues of the Comprehensive
5 Peace Agreement (CPA), mutual arrangements
6 related to post-referendum issues associated
7 with the CPA, or any other internationally rec-
8 ognized viable peace agreement in Sudan.
9 (k) SOUTH SUDAN.—
10 (1) Funds appropriated by this Act may be
11 made available for assistance for South Sudan, in-
12 cluding to promote stability and reconciliation, pre-
13 vent and respond to gender-based violence, promote
14 women’s leadership, expand educational opportuni-
15 ties especially for girls, strengthen democratic insti-
16 tutions and the rule of law, and enhance the capac-
17 ity of the Federal Legislative Assembly to conduct
18 oversight over government processes, revenues, and
19 expenditures.
20 (2) Of the funds appropriated by this Act that
21 are available for assistance for the central Govern-
22 ment of South Sudan, 15 percent may not be obli-
23 gated until the Secretary of State reports to the
24 Committees on Appropriations that such government
25 is—
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1301
1 (A) implementing policies to support free-
2 dom of expression and association, establish
3 democratic institutions including an inde-
4 pendent judiciary, parliament, and security
5 forces that are accountable to civilian authority;
6 and
7 (B) investigating and punishing members
8 of security forces who have violated human
9 rights.
10 (3) The Secretary of State shall seek to obtain
11 regular audits of the financial accounts of the Gov-
12 ernment of South Sudan to ensure transparency and
13 accountability of funds, including revenues from the
14 extraction of oil and gas, and the timely, public dis-
15 closure of such audits: Provided, That the Secretary
16 should assist the Government of South Sudan in
17 conducting such audits, and provide technical assist-
18 ance to enhance the capacity of the National Auditor
19 Chamber to carry out its responsibilities, and shall
20 submit a report not later than 90 days after enact-
21 ment of this Act to the Committees on Appropria-
22 tions detailing steps that will be taken by the Gov-
23 ernment of South Sudan, which are additional to
24 those taken in the previous fiscal year, to improve
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1 resource management and ensure transparency and
2 accountability of funds.
3 (l) TRAFFICKING IN CONFLICT MINERALS, WILD-
4 LIFE, AND OTHER CONTRABAND.—
5 (1) None of the funds appropriated by this Act
6 under the heading ‘‘Foreign Military Financing Pro-
7 gram’’ may be made available for assistance for
8 Rwanda unless the Secretary of State certifies to the
9 Committees on Appropriations that the Government
10 of Rwanda is taking steps to cease political, military
11 and/or financial support to armed groups in the
12 Democratic Republic of the Congo (DRC), including
13 M23, that have violated human rights or are in-
14 volved in the illegal exportation of minerals, wildlife,
15 or other contraband out of the DRC.
16 (2) The restriction in paragraph (1) shall not
17 apply to assistance to improve border controls to
18 prevent the illegal exportation of minerals, wildlife,
19 and other contraband out of the DRC by such
20 groups, to protect humanitarian relief efforts, or to
21 support the training and deployment of members of
22 the Rwandan military in international peacekeeping
23 operations, or to conduct operations against the
24 Lord’s Resistance Army.
25 (m) WAR CRIMES IN AFRICA.—
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1 (1) The Congress reaffirms its support for the
2 efforts of the International Criminal Tribunal for
3 Rwanda (ICTR) and the Special Court for Sierra
4 Leone (SCSL) to bring to justice individuals respon-
5 sible for war crimes and crimes against humanity in
6 a timely manner.
7 (2) Funds appropriated by this Act may be
8 made available for assistance for the central govern-
9 ment of a country in which individuals indicted by
10 the ICTR and the SCSL are credibly alleged to be
11 living, if the Secretary of State determines and re-
12 ports to the Committees on Appropriations that such
13 government is cooperating with the ICTR and the
14 SCSL, including the apprehension, surrender, and
15 transfer of indictees in a timely manner: Provided,
16 That this subsection shall not apply to assistance
17 provided under section 551 of the Foreign Assist-
18 ance Act of 1961 or to project assistance under title
19 VI of this Act: Provided further, That the United
20 States shall use its voice and vote in the United Na-
21 tions Security Council to fully support efforts by the
22 ICTR and the SCSL to bring to justice individuals
23 indicted by such tribunals in a timely manner.
24 (3) The prohibition in paragraph (2) may be
25 waived on a country-by-country basis if the Presi-
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1304
1 dent determines that doing so is in the national se-
2 curity interest of the United States: Provided, That
3 prior to exercising such waiver authority, the Presi-
4 dent shall submit a report to the Committees on Ap-
5 propriations, in classified form if necessary, on—
6 (A) the steps being taken to obtain the co-
7 operation of the government in apprehending
8 and surrendering the indictee in question to the
9 court of jurisdiction;
10 (B) a strategy, including a timeline, for
11 bringing the indictee before such court; and
12 (C) the justification for exercising the
13 waiver authority.
14 (n) ZIMBABWE.—
15 (1) The Secretary of the Treasury shall instruct
16 the United States executive director of each inter-
17 national financial institution to vote against any ex-
18 tension by the respective institution of any loans or
19 grants to the Government of Zimbabwe, except to
20 meet basic human needs or to promote democracy,
21 unless the Secretary of State determines and reports
22 in writing to the Committees on Appropriations that
23 the rule of law has been restored in Zimbabwe, in-
24 cluding respect for ownership and title to property,
25 and freedom of speech and association.
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1305
1 (2) None of the funds appropriated by this Act
2 shall be made available for assistance for the central
3 Government of Zimbabwe, except for health and
4 education, unless the Secretary of State makes the
5 determination required in paragraph (1), and funds
6 may be made available for macroeconomic growth
7 assistance if the Secretary reports to the Commit-
8 tees on Appropriations that such government is im-
9 plementing transparent fiscal policies, including pub-
10 lic disclosure of revenues from the extraction of nat-
11 ural resources.
12 EAST ASIA AND THE PACIFIC
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1306
1 such strategy may be submitted in classified form if
2 necessary.
3 (2) Funds appropriated by title III of this Act
4 that are designated for implementation of the strat-
5 egy described in paragraph (1) shall also support the
6 advancement of democracy and human rights in
7 Asia, including for democratic political parties, civil
8 society, and groups and individuals seeking to ad-
9 vance transparency, accountability, and the rule of
10 law: Provided, That such funds shall also be made
11 available, through an open and competitive process,
12 to nongovernmental networks and alliances that seek
13 to promote democracy, human rights, and the rule
14 of law in Asia.
15 (3) Funds appropriated by this Act that are
16 designated for the implementation of the strategy
17 described in paragraph (1) should be matched, to
18 the maximum extent practicable and as appropriate,
19 by sources other than the United States Govern-
20 ment.
21 (b) BURMA.—
22 (1) Funds appropriated by this Act under the
23 heading ‘‘Economic Support Fund’’ may be made
24 available for assistance for Burma notwithstanding
25 any other provision of law: Provided, That no such
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1307
1 funds shall be made available to any successor or af-
2 filiated organization of the State Peace and Develop-
3 ment Council (SPDC) controlled by former SPDC
4 members that promote the repressive policies of the
5 SPDC, or to any individual or organization credibly
6 alleged to have committed gross violations of human
7 rights, including against Rohingyas and other minor-
8 ity Muslim groups: Provided further, That such
9 funds may be made available for programs adminis-
10 tered by the Office of Transition Initiatives, USAID,
11 for ethnic groups and civil society in Burma to help
12 sustain ceasefire agreements and further prospects
13 for reconciliation and peace, which may include sup-
14 port to representatives of ethnic armed groups for
15 this purpose.
16 (2) Funds appropriated under title III of this
17 Act for assistance for Burma—
18 (A) may not be made available for budget
19 support for the Government of Burma;
20 (B) shall be provided to strengthen civil so-
21 ciety organizations in Burma, including as core
22 support for such organizations;
23 (C) shall be made available for community-
24 based organizations operating in Thailand to
25 provide food, medical, and other humanitarian
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1308
1 assistance to internally displaced persons in
2 eastern Burma, in addition to assistance for
3 Burmese refugees from funds appropriated by
4 this Act under the heading ‘‘Migration and Ref-
5 ugee Assistance’’; and
6 (D) shall be made available for ethnic and
7 religious reconciliation programs, including in
8 ceasefire areas, as appropriate, and to address
9 the Rohingya and Kachin crises.
10 (3)(A) Not later than 60 days after enactment
11 of this Act, the Secretary of State, in consultation
12 with the USAID Administrator, shall submit to the
13 appropriate congressional committees a comprehen-
14 sive strategy for the promotion of democracy and
15 human rights in Burma, which shall include support
16 for civil society, former prisoners, monks, students,
17 and democratic parliamentarians: Provided, That
18 funds made available by this Act for assistance for
19 Burma shall be made available for the implementa-
20 tion of such strategy: Provided further, That the As-
21 sistant Secretary for the Bureau of Democracy,
22 Human Rights, and Labor, Department of State,
23 shall be consulted on democracy and human rights
24 programs for Burma administered by USAID.
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1 (B) Not later than 90 days after enact-
2 ment of this Act and every 90 days thereafter
3 until September 30, 2014, the Secretary of
4 State shall submit a report to the appropriate
5 congressional committees detailing the status of
6 election preparations in Burma, including an
7 assessment of the ability of citizens to partici-
8 pate as voters and candidates and of political
9 parties to freely contest elections.
10 (4) The Department of State may continue con-
11 sultations with the armed forces of Burma only on
12 human rights and disaster response, and following
13 consultation with the appropriate congressional com-
14 mittees.
15 (5) Funds appropriated by this Act should only
16 be made available for assistance for the central Gov-
17 ernment of Burma if such government has imple-
18 mented Constitutional reforms, in consultation with
19 Burma’s political opposition and ethnic groups, pro-
20 viding for inclusive, transparent, and fair participa-
21 tion in presidential and parliamentary elections in
22 Burma, including as voters and candidates.
23 (6) Any new program or activity in Burma ini-
24 tiated in fiscal year 2014 shall be subject to prior
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1310
1 consultation with the appropriate congressional com-
2 mittees.
3 (c) CAMBODIA.—
4 (1) Of the funds appropriated under title III of
5 this Act for assistance for Cambodia, 10 percent
6 shall be withheld from obligation until the Secretary
7 of State submits to the Committees on Appropria-
8 tions the financial assessment and comparative anal-
9 ysis report on Cambodia required under such head-
10 ing in Senate Report 113–81.
11 (2) None of the funds appropriated by titles III
12 and IV of this Act may be made available for assist-
13 ance for the central Government of Cambodia unless
14 the Secretary of State certifies to the Committees on
15 Appropriations that—
16 (A) such government is conducting and im-
17 plementing, with the concurrence of the political
18 opposition in Cambodia, an independent and
19 credible investigation into irregularities associ-
20 ated with the July 28, 2013 parliamentary elec-
21 tions, and comprehensive reform of the Na-
22 tional Election Committee; or
23 (B) all parties that won parliamentary
24 seats in such elections have agreed to join the
25 National Assembly, and the National Assembly
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1 is conducting business in accordance with the
2 Cambodian constitution.
3 (3) The requirements of paragraph (2) shall not
4 apply to assistance for global health, food security,
5 humanitarian demining programs, human rights
6 training for the Royal Cambodian Armed Forces, or
7 to enhance maritime security capabilities, except
8 that any such programs shall be subject to the reg-
9 ular notification procedures of the Committees on
10 Appropriations.
11 (4) Funds appropriated by this Act for a
12 United States contribution to a Khmer Rouge tri-
13 bunal should not be made available unless the Sec-
14 retary of State certifies to the Committees on Ap-
15 propriations that the Government of Cambodia has
16 provided, or otherwise secured, funding for the na-
17 tional side of such tribunal.
18 (5) The Secretary of the Treasury shall direct
19 the United States executive director to the World
20 Bank to report to the Committees on Appropriations
21 not later than 45 days after enactment of this Act
22 and every 90 days thereafter until September 30,
23 2014, on the steps being taken by the World Bank
24 to provide appropriate redress for the Boeung Kak
25 Lake families who were harmed by the Land Man-
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1312
1 agement and Administration Project, as determined
2 by the World Bank Inspection Panel, and as de-
3 scribed in Senate Report 113–81: Provided, That
4 such report shall also include steps taken by the ex-
5 ecutive director to postpone reengagement of World
6 Bank programs in Cambodia until the requirements
7 of paragraph (2) are met.
8 (d) NORTH KOREA.—
9 (1) Of the funds made available under the
10 heading ‘‘International Broadcasting Operations’’ in
11 title I of this Act, not less than $8,938,000 shall
12 made available for broadcasts into North Korea.
13 (2) Funds appropriated by this Act under the
14 heading ‘‘Migration and Refugee Assistance’’ shall
15 be made available for assistance for refugees from
16 North Korea, including for protection activities in
17 the People’s Republic of China.
18 (3) None of the funds made available by this
19 Act under the heading ‘‘Economic Support Fund’’
20 may be made available for assistance for the govern-
21 ment of North Korea.
22 (e) PEOPLE’S REPUBLIC OF CHINA.—
23 (1) None of the funds appropriated under the
24 heading ‘‘Diplomatic and Consular Programs’’ in
25 this Act may be obligated or expended for processing
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1 licenses for the export of satellites of United States
2 origin (including commercial satellites and satellite
3 components) to the People’s Republic of China un-
4 less, at least 15 days in advance, the Committees on
5 Appropriations are notified of such proposed action.
6 (2) The terms and requirements of section
7 620(h) of the Foreign Assistance Act of 1961 shall
8 apply to foreign assistance projects or activities of
9 the People’s Liberation Army (PLA) of the People’s
10 Republic of China, to include such projects or activi-
11 ties by any entity that is owned or controlled by, or
12 an affiliate of, the PLA: Provided, That none of the
13 funds appropriated or otherwise made available pur-
14 suant to this Act may be used to finance any grant,
15 contract, or cooperative agreement with the PLA, or
16 any entity that the Secretary of State has reason to
17 believe is owned or controlled by, or an affiliate of,
18 the PLA.
19 (3) Funds appropriated by this Act for public
20 diplomacy under title I and for assistance under ti-
21 tles III and IV shall be made available to counter
22 the strategic influence of the People’s Republic of
23 China: Provided, That the Secretary of State shall
24 consult with other relevant United States Govern-
25 ment agencies in the development of a coordinated
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1314
1 diplomacy and assistance strategy that counters
2 such influence: Provided further, That the Secretary
3 of State shall consult with the Committees on Ap-
4 propriations on such strategy prior to the initial ob-
5 ligation of funds for such purposes, and such strat-
6 egy may be submitted to the Committees in classi-
7 fied form if necessary.
8 (f) TIBET.—
9 (1) The Secretary of the Treasury should in-
10 struct the United States executive director of each
11 international financial institution to use the voice
12 and vote of the United States to support financing
13 in Tibet if such projects do not provide incentives
14 for the migration and settlement of non-Tibetans
15 into Tibet or facilitate the transfer of ownership of
16 Tibetan land and natural resources to non-Tibetans,
17 are based on a thorough needs-assessment, foster
18 self-sufficiency of the Tibetan people and respect Ti-
19 betan culture and traditions, and are subject to ef-
20 fective monitoring.
21 (2) Notwithstanding any other provision of law,
22 funds appropriated by this Act under the heading
23 ‘‘Economic Support Fund’’ shall be made available
24 to nongovernmental organizations to support activi-
25 ties which preserve cultural traditions and promote
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1315
1 sustainable development and environmental con-
2 servation in Tibetan communities in the Tibetan Au-
3 tonomous Region and in other Tibetan communities
4 in China.
5 (g) VIETNAM.—Funds appropriated by this Act
6 under the heading ‘‘Economic Support Fund’’ shall be
7 made available for remediation of dioxin contaminated
8 sites in Vietnam and may be made available for assistance
9 for the Government of Vietnam, including the military, for
10 such purposes, and funds appropriated under the heading
11 ‘‘Development Assistance’’ shall be made available for
12 health/disability activities in areas sprayed with Agent Or-
13 ange or otherwise contaminated with dioxin.
14 SOUTH AND CENTRAL ASIA
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1316
1 (USAID) to the Committees on Appropriations,
2 or contractors in addition to those in place on
3 the date of enactment of this Act: Provided,
4 That the limitations in this paragraph shall not
5 apply if funds are necessary to protect such fa-
6 cilities or the security, health, and welfare of
7 United States personnel.
8 (B) Of the funds appropriated by this Act
9 under the headings ‘‘Diplomatic and Consular
10 Programs’’ and ‘‘Operating Expenses’’ that are
11 made available for operations in Afghanistan,
12 15 percent shall be withheld from obligation
13 until the Secretary of State, in consultation
14 with the Secretary of Defense and the USAID
15 Administrator, submits the report to the Com-
16 mittees on Appropriations, in classified form if
17 necessary, on transition and security plans for
18 the Department of State and USAID required
19 under the heading ‘‘Sec. 7046’’ in House Re-
20 port 113–185: Provided, That such report shall
21 be updated every 6 months until September 30,
22 2015.
23 (2) ASSISTANCE.—Funds appropriated by this
24 Act under the headings ‘‘Economic Support Fund’’
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1317
1 and ‘‘International Narcotics Control and Law En-
2 forcement’’ for assistance for Afghanistan—
3 (A) may not be used to initiate any new
4 program, project, or activity for which regular
5 oversight by the Department of State or
6 USAID, as appropriate, is not possible, to in-
7 clude site visits;
8 (B) shall only be made available for pro-
9 grams that the Government of Afghanistan
10 (GoA) or other Afghan entity is capable of sus-
11 taining, as appropriate and as determined by
12 the Chief of Mission;
13 (C) may be made available for independent
14 election bodies;
15 (D) may be made available for reconcili-
16 ation programs and disarmament, demobiliza-
17 tion and reintegration activities for former com-
18 batants who have renounced violence against
19 the GoA, in accordance with section
20 7046(a)(2)(B)(ii) of Public Law 112–74;
21 (E) should not be used to initiate new
22 major infrastructure projects;
23 (F) shall be prioritized for programs that
24 promote women’s economic and political em-
25 powerment, strengthen and protect the rights of
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1318
1 women and girls, and to implement the United
2 States Embassy Kabul Gender Strategy;
3 (G) shall be implemented in accordance
4 with all applicable audit policies of the Depart-
5 ment of State and USAID; and
6 (H) may not be made available to any indi-
7 vidual or organization that the Secretary of
8 State determines to be involved in corrupt prac-
9 tices, including with respect to Kabul Bank.
10 (3) CERTIFICATION REQUIREMENT.—
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1319
1 ing support for counterterrorism oper-
2 ations; and
3 (II) is cooperating with the
4 United States concerning the release
5 of prisoners that the United States
6 Government, the International Secu-
7 rity Assistance Force, or the Afghan
8 National Security Forces believe pose
9 a threat to the United States, Afghan-
10 istan, and the region;
11 (iii) the GoA is taking credible steps
12 to protect and advance the rights of
13 women and girls in Afghanistan;
14 (iv) the necessary policies and proce-
15 dures are in place to ensure GoA compli-
16 ance with section 7013 of this Act; and
17 (v) the GoA is making credible efforts
18 to reduce corruption and recover Kabul
19 Bank stolen assets.
20 (B) The Secretary of State, in consultation
21 with the Secretary of Defense, may waive the
22 requirements of subparagraph (A) if to do so is
23 important to the national security interests of
24 the United States: Provided, That if the Sec-
25 retary of State, after such consultation, exer-
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1320
1 cises the authority of this subparagraph the
2 Secretary shall report to the Committees on Ap-
3 propriations, in classified form if necessary, on
4 the justification for the waiver and the require-
5 ments of subparagraph (A) that cannot be cer-
6 tified.
7 (4) RULE OF LAW PROGRAMS.—Of the funds
8 appropriated by this Act that are made available for
9 assistance for Afghanistan, not less than
10 $50,000,000 shall be made available for rule of law
11 programs: Provided, That decisions on the uses of
12 such funds shall be the responsibility of the Coordi-
13 nating Director, in consultation with other appro-
14 priate United States Government officials in Afghan-
15 istan, and such Director shall be consulted on the
16 uses of all funds appropriated by this Act for rule
17 of law programs in Afghanistan.
18 (5) FUNDING REDUCTION.—Funds appro-
19 priated by this Act and prior Acts making appro-
20 priations for the Department of State, foreign oper-
21 ations, and related programs that are available for
22 assistance for the GoA shall be reduced by $5 for
23 every $1 that the GoA imposes in taxes, duties, pen-
24 alties, or other fees on the transport of property of
25 the United States Government (including the United
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1321
1 States Armed Forces), entering or leaving Afghani-
2 stan.
3 (6) BASE RIGHTS.—None of the funds made
4 available by this Act may be used by the United
5 States Government to enter into a permanent basing
6 rights agreement between the United States and Af-
7 ghanistan.
8 (7) EXTENSION OF AUTHORITY.—Funds appro-
9 priated under titles III through VI of this Act that
10 are made available for assistance for Afghanistan
11 may be made available notwithstanding section 7012
12 of this Act or any similar provision of law and sec-
13 tion 660 of the Foreign Assistance Act of 1961.
14 (8) AFGHANISTAN REGIONAL TRANSITION.—Of
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1322
1 section 102 of the FREEDOM Support Act (Public
2 Law 102–511): Provided further, That such funds
3 shall be subject to the regular notification proce-
4 dures of the Committees on Appropriations.
5 (9) CONTRIBUTING AUTHORITY.—Section
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1323
1 cluding providing investigators access to witnesses,
2 documents, and other information.
3 (2) The conditions in paragraph (1) shall not
4 apply to assistance for humanitarian relief and re-
5 construction activities in Nepal, or for training to
6 participate in international peacekeeping missions.
7 (d) PAKISTAN.—
8 (1) CERTIFICATION.—
9 (A) None of the funds appropriated or oth-
10 erwise made available by this Act under the
11 headings ‘‘Economic Support Fund’’, ‘‘Inter-
12 national Narcotics Control and Law Enforce-
13 ment’’, and ‘‘Foreign Military Financing Pro-
14 gram’’ for assistance for the Government of
15 Pakistan may be made available unless the Sec-
16 retary of State certifies to the Committees on
17 Appropriations that the Government of Paki-
18 stan is—
19 (i) cooperating with the United States
20 in counterterrorism efforts against the
21 Haqqani Network, the Quetta Shura
22 Taliban, Lashkar e-Tayyiba, Jaish-e-Mo-
23 hammed, Al-Qaeda, and other domestic
24 and foreign terrorist organizations, includ-
25 ing taking steps to end support for such
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1324
1 groups and prevent them from basing and
2 operating in Pakistan and carrying out
3 cross border attacks into neighboring coun-
4 tries;
5 (ii) not supporting terrorist activities
6 against United States or coalition forces in
7 Afghanistan, and Pakistan’s military and
8 intelligence agencies are not intervening
9 extra-judicially into political and judicial
10 processes in Pakistan;
11 (iii) dismantling improvised explosive
12 device (IED) networks and interdicting
13 precursor chemicals used in the manufac-
14 ture of IEDs;
15 (iv) preventing the proliferation of nu-
16 clear-related material and expertise;
17 (v) issuing visas in a timely manner
18 for United States visitors engaged in
19 counterterrorism efforts, assistance pro-
20 grams, and Department of State oper-
21 ations in Pakistan; and
22 (vi) providing humanitarian organiza-
23 tions access to detainees, internally dis-
24 placed persons, and other Pakistani civil-
25 ians affected by the conflict.
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1325
1 (B) The Secretary of State may waive the
2 requirements of subparagraph (A) if to do so is
3 important to the national security interests of
4 the United States: Provided, That if the Sec-
5 retary of State, after consultation with the Sec-
6 retary of Defense, exercises the authority of
7 this subparagraph the Secretary of State shall
8 report to the Committees on Appropriations on
9 the justification for the waiver and the require-
10 ments of subparagraph (A) that the Govern-
11 ment of Pakistan has not met: Provided further,
12 That such report may be submitted in classified
13 form if necessary.
14 (2) ASSISTANCE.—
15 (A) Funds appropriated by this Act under
16 the heading ‘‘Foreign Military Financing Pro-
17 gram’’ for assistance for Pakistan may be made
18 available only to support counterterrorism and
19 counterinsurgency capabilities in Pakistan, and
20 are subject to section 620M of the Foreign As-
21 sistance Act of 1961.
22 (B) Funds appropriated by this Act under
23 the headings ‘‘Economic Support Fund’’ and
24 ‘‘Nonproliferation, Anti-terrorism, Demining,
25 and Related Programs’’ that are available for
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1326
1 assistance for Pakistan shall be made available
2 to interdict precursor materials from Pakistan
3 to Afghanistan that are used to manufacture
4 IEDs, including calcium ammonium nitrate; to
5 support programs to train border and customs
6 officials in Pakistan and Afghanistan; and for
7 agricultural extension programs that encourage
8 alternative fertilizer use among Pakistani farm-
9 ers.
10 (C) Funds appropriated by this Act under
11 the heading ‘‘Economic Support Fund’’ that are
12 made available for assistance for infrastructure
13 projects in Pakistan shall be implemented in a
14 manner consistent with section 507(6) of the
15 Trade Act of 1974 (19 U.S.C. 2467(6)).
16 (D) Funds appropriated by this Act under
17 titles III and IV for assistance for Pakistan
18 may be made available notwithstanding any
19 other provision of law, except for this sub-
20 section.
21 (E) Of the funds appropriated under titles
22 III and IV of this Act that are made available
23 for assistance for Pakistan, $33,000,000 shall
24 be withheld from obligation until the Secretary
25 of State reports to the Committees on Appro-
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1327
1 priations that Dr. Shakil Afridi has been re-
2 leased from prison and cleared of all charges re-
3 lating to the assistance provided to the United
4 States in locating Osama bin Laden.
5 (3) REPORTS.—
6 (A)(i) The spend plan required by section
7 7076 of this Act for assistance for Pakistan
8 shall include achievable and sustainable goals,
9 benchmarks for measuring progress, and ex-
10 pected results regarding combating poverty and
11 furthering development in Pakistan, countering
12 extremism, and establishing conditions condu-
13 cive to the rule of law and transparent and ac-
14 countable governance: Provided, That such
15 benchmarks may incorporate those required in
16 title III of Public Law 111–73, as appropriate:
17 Provided further, That not later than 6 months
18 after submission of such spend plan, and each
19 6 months thereafter until September 30, 2015,
20 the Secretary of State shall submit a report to
21 the Committees on Appropriations on the status
22 of achieving the goals and benchmarks in such
23 plan.
24 (ii) The Secretary of State should suspend
25 assistance for the Government of Pakistan if
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1 any report required by paragraph (A)(i) indi-
2 cates that Pakistan is failing to make measur-
3 able progress in meeting such goals or bench-
4 marks.
5 (B) Not later than 90 days after enact-
6 ment of this Act, the Secretary of State shall
7 submit a report to the Committees on Appro-
8 priations detailing the costs and objectives asso-
9 ciated with significant infrastructure projects
10 supported by the United States in Pakistan,
11 and an assessment of the extent to which such
12 projects achieve such objectives.
13 (e) SRI LANKA.—
14 (1) None of the funds appropriated by this Act
15 under the heading ‘‘Foreign Military Financing Pro-
16 gram’’ may be made available for assistance for Sri
17 Lanka, no defense export license may be issued, and
18 no military equipment or technology shall be sold or
19 transferred to Sri Lanka pursuant to the authorities
20 contained in this Act or any other Act, unless the
21 Secretary of State certifies to the Committees on
22 Appropriations that the Government of Sri Lanka is
23 meeting the conditions specified under such heading
24 in Senate Report 113–81.
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1 (2) Paragraph (1) shall not apply to assistance
2 for humanitarian demining, disaster relief, and aer-
3 ial and maritime surveillance.
4 (3) If the Secretary makes the certification re-
5 quired in paragraph (1), funds appropriated under
6 the heading ‘‘Foreign Military Financing Program’’
7 that are made available for assistance for Sri Lanka
8 should be used to support the recruitment of Tamils
9 into the Sri Lankan military in an inclusive and
10 transparent manner, Tamil language training for
11 Sinhalese military personnel, and human rights
12 training for all military personnel.
13 (4) Funds appropriated under the heading
14 ‘‘International Military Education and Training’’
15 (IMET) in this Act that are available for assistance
16 for Sri Lanka, may be made available only for train-
17 ing related to international peacekeeping operations
18 and expanded IMET: Provided, That the limitation
19 in this paragraph shall not apply to maritime secu-
20 rity.
21 (5) The Secretary of the Treasury shall instruct
22 the United States executive directors of the inter-
23 national financial institutions to vote against any
24 loan, agreement, or other financial support for Sri
25 Lanka except to meet basic human needs, unless the
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1330
1 Secretary of State certifies to the Committees on
2 Appropriations that the Government of Sri Lanka is
3 meeting the conditions specified under such heading
4 in Senate Report 113–81.
5 (f) REGIONAL CROSS BORDER PROGRAMS.—Funds
6 appropriated by this Act under the heading ‘‘Economic
7 Support Fund’’ for assistance for Afghanistan and Paki-
8 stan may be provided, notwithstanding any other provision
9 of law that restricts assistance to foreign countries, for
10 cross border stabilization and development programs be-
11 tween Afghanistan and Pakistan, or between either coun-
12 try and the Central Asian countries.
13 WESTERN HEMISPHERE
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1331
1 I of Public Law 112–74 shall continue in effect dur-
2 ing fiscal year 2014 and shall apply to funds appro-
3 priated by this Act and made available for assistance
4 for Colombia as if included in this Act: Provided fur-
5 ther, That 10 percent of the funds appropriated by
6 this Act for the Colombian national police for aerial
7 drug eradication programs may not be used for the
8 aerial spraying of chemical herbicides unless the Sec-
9 retary of State certifies to the Committees on Ap-
10 propriations that the herbicides do not pose unrea-
11 sonable risks or adverse effects to humans, including
12 pregnant women and children, or the environment,
13 including endemic species: Provided further, That
14 any complaints of harm to health or licit crops
15 caused by such aerial spraying shall be thoroughly
16 investigated and evaluated, and fair compensation
17 paid in a timely manner for meritorious claims: Pro-
18 vided further, That of the funds appropriated by this
19 Act under the heading ‘‘Economic Support Fund’’,
20 not less than $141,500,000 shall be apportioned di-
21 rectly to the United States Agency for International
22 Development (USAID) for alternative development/
23 institution building and local governance programs
24 in Colombia.
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1332
1 (2) LIMITATION.—Of the funds appropriated by
2 this Act under the heading ‘‘Foreign Military Fi-
3 nancing Program’’, 25 percent may be obligated only
4 in accordance with the procedures and conditions
5 specified under section 7045 in the explanatory
6 statement described in section 4 (in the matter pre-
7 ceding division A of this consolidated Act).
8 (b) CUBA.—
9 (1) Of the funds appropriated by this Act under
10 the heading ‘‘Economic Support Fund’’, up to
11 $17,500,000 should be made available for programs
12 and activities in Cuba.
13 (2) None of the funds appropriated by this Act
14 under the heading ‘‘Economic Support Fund’’ may
15 be obligated by USAID for any new programs or ac-
16 tivities in Cuba.
17 (c) GUATEMALA.—
18 (1) Funds appropriated by this Act may be
19 made available for assistance for the Guatemalan
20 army only—
21 (A) if the Secretary of State certifies that
22 the Government of Guatemala is taking credible
23 steps to implement the Reparations Plan for
24 Damages Suffered by the Communities Affected
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1333
1 by the Construction of the Chixoy Hydroelectric
2 Dam (April 2010); and
3 (B) in accordance with the procedures and
4 requirements specified under section 7045 in
5 the explanatory statement described in section
6 4 (in the matter preceding division A of this
7 consolidated Act).
8 (2) None of the funds appropriated by this Act
9 under the headings ‘‘International Military Edu-
10 cation and Training’’ and ‘‘Foreign Military Financ-
11 ing Program’’ may be expended for assistance for
12 the Guatemalan Armed Forces until the Secretary of
13 State certifies to the Committees on Appropriations
14 that the Government of Guatemala has resolved all
15 cases involving Guatemalan children and American
16 adoptive parents pending since December 31, 2007,
17 or that such government is making significant
18 progress toward meeting a specific timetable for re-
19 solving such cases.
20 (d) HAITI.—
21 (1) None of the funds appropriated by this Act
22 may be made available for assistance for the central
23 Government of Haiti until the Secretary of State
24 certifies to the Committees on Appropriations that—
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1334
1 (A) Haiti is taking steps to hold free and
2 fair parliamentary elections and to seat a new
3 Haitian Parliament;
4 (B) the Government of Haiti is respecting
5 the independence of the judiciary; and
6 (C) the Government of Haiti is combating
7 corruption and improving governance, including
8 passage of the anti-corruption law to enable
9 prosecution of corrupt officials and imple-
10 menting financial transparency and account-
11 ability requirements for government institu-
12 tions.
13 (2) The Government of Haiti shall be eligible to
14 purchase defense articles and services under the
15 Arms Export Control Act (22 U.S.C. 2751 et seq.)
16 for the Coast Guard.
17 (e) HONDURAS.—
18 (1) Of the funds appropriated by this Act under
19 the headings ‘‘International Narcotics Control and
20 Law Enforcement’’ and ‘‘Foreign Military Financing
21 Program’’, 35 percent may not be made available for
22 assistance for the Honduran military and police ex-
23 cept in accordance with the procedures and require-
24 ments specified under section 7045 in the explana-
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1335
1 tory statement described in section 4 (in the matter
2 preceding division A of this consolidated Act).
3 (2) The restriction in paragraph (1) shall not
4 apply to assistance to promote transparency, anti-
5 corruption, border security, and the rule of law with-
6 in the military and police.
7 (f) MEXICO.—
8 (1) Prior to the obligation of 15 percent of the
9 funds appropriated by this Act under the headings
10 ‘‘International Narcotics Control and Law Enforce-
11 ment’’ and ‘‘Foreign Military Financing Program’’
12 that are available for assistance for the Mexican
13 military and police, the Secretary of State shall re-
14 port in writing to the Committees on Appropriations
15 that the Government of Mexico is meeting the re-
16 quirements specified under section 7045 in the ex-
17 planatory statement described in section 4 (in the
18 matter preceding division A of this consolidated
19 Act).
20 (2) The restriction in paragraph (1) shall not
21 apply to assistance to promote transparency, anti-
22 corruption, border security, and the rule of law with-
23 in the military and police.
24 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.—
25 To the maximum extent practicable, the costs of oper-
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1336
1 ations and maintenance, including fuel, of aircraft funded
2 by this Act should be paid for by the recipient country.
3 (h) TRADE CAPACITY.—Funds appropriated by this
4 Act under the headings ‘‘Development Assistance’’ and
5 ‘‘Economic Support Fund’’ should be made available for
6 labor and environmental capacity building activities relat-
7 ing to free trade agreements with countries of Central
8 America, Colombia, Peru, and the Dominican Republic.
9 PROHIBITION OF PAYMENTS TO UNITED NATIONS
10 MEMBERS
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1337
1 tion 552(c) of the Foreign Assistance Act of 1961 of up
2 to $30,000,000 of commodities and services for the United
3 Nations War Crimes Tribunal established with regard to
4 the former Yugoslavia by the United Nations Security
5 Council or such other tribunals or commissions as the
6 Council may establish or authorize to deal with such viola-
7 tions, without regard to the ceiling limitation contained
8 in paragraph (2) thereof: Provided, That the determina-
9 tion required under this section shall be in lieu of any de-
10 terminations otherwise required under section 552(c): Pro-
11 vided further, That funds made available pursuant to this
12 section shall be made available subject to the regular noti-
13 fication procedures of the Committees on Appropriations.
14 UNITED NATIONS
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1338
1 (A) posting on a publicly available Web
2 site, consistent with privacy regulations and due
3 process, regular financial and programmatic au-
4 dits of such organization or agency, and pro-
5 viding the United States Government with nec-
6 essary access to such financial and performance
7 audits; and
8 (B) implementing best practices for the
9 protection of whistleblowers from retaliation, in-
10 cluding best practices for—
11 (i) protection against retaliation for
12 internal and lawful public disclosures;
13 (ii) legal burdens of proof;
14 (iii) statutes of limitation for report-
15 ing retaliation;
16 (iv) access to independent adjudicative
17 bodies, including external arbitration; and
18 (v) results that eliminate the effects of
19 proven retaliation.
20 (2) The Secretary of State may waive the re-
21 striction in this subsection, on a case-by-case basis,
22 if the Secretary determines and reports to the Com-
23 mittees on Appropriations that to do so is important
24 to the national interests of the United States.
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1339
1 (b) RESTRICTIONS ON UNITED NATIONS DELEGA-
2 TIONS AND ORGANIZATIONS.—
3 (1) None of the funds made available under
4 title I of this Act may be used to pay expenses for
5 any United States delegation to any specialized
6 agency, body, or commission of the United Nations
7 if such commission is chaired or presided over by a
8 country, the government of which the Secretary of
9 State has determined, for purposes of section 6(j)(1)
10 of the Export Administration Act of 1979 as contin-
11 ued in effect pursuant to the International Emer-
12 gency Economic Powers Act (50 U.S.C. App.
13 2405(j)(1)), supports international terrorism.
14 (2) None of the funds made available under
15 title I of this Act may be used by the Secretary of
16 State as a contribution to any organization, agency,
17 or program within the United Nations system if
18 such organization, agency, commission, or program
19 is chaired or presided over by a country the govern-
20 ment of which the Secretary of State has deter-
21 mined, for purposes of section 620A of the Foreign
22 Assistance Act of 1961, section 40 of the Arms Ex-
23 port Control Act, section 6(j)(1) of the Export Ad-
24 ministration Act of 1979, or any other provision of
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1340
1 law, is a government that has repeatedly provided
2 support for acts of international terrorism.
3 (3) The Secretary of State may waive the re-
4 striction in this subsection if the Secretary reports
5 to the Committees on Appropriations that to do so
6 is in the national interest of the United States.
7 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—
8 Funds appropriated by this Act may be made available
9 to support the United Nations Human Rights Council only
10 if the Secretary of State reports to the Committees on Ap-
11 propriations that participation in the Council is in the na-
12 tional interest of the United States: Provided, That the
13 Secretary of State shall report to the Committees on Ap-
14 propriations not later than September 30, 2014, on the
15 resolutions considered in the United Nations Human
16 Rights Council during the previous 12 months, and on
17 steps taken to remove Israel as a permanent agenda item.
18 (d) REPORT.—Not later than 45 days after enact-
19 ment of this Act, the Secretary of State shall submit a
20 report to the Committees on Appropriations detailing the
21 amount of funds available for obligation or expenditure in
22 fiscal year 2014 under the headings ‘‘Contributions to
23 International Organizations’’ and ‘‘International Organi-
24 zations and Programs’’ that are withheld from obligation
25 or expenditure due to any provision of law: Provided, That
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1341
1 the Secretary shall update such report each time addi-
2 tional funds are withheld by operation of any provision
3 of law: Provided further, That the reprogramming of any
4 withheld funds identified in such report, including updates
5 thereof, shall be subject to prior consultation with, and
6 the regular notification procedures of, the Committees on
7 Appropriations.
8 (e) UNITED NATIONS RELIEF AND WORKS AGEN-
9 CY.—The reporting requirements regarding the United
10 Nations Relief and Works Agency contained in the joint
11 explanatory statement accompanying the Supplemental
12 Appropriations Act, 2009 (Public Law 111–32, House Re-
13 port 111–151), under the heading ‘‘Migration and Ref-
14 ugee Assistance’’ in title XI shall apply to funds made
15 available by this Act under such heading.
16 (f) UNITED NATIONS CAPITAL MASTER PLAN.—
17 None of the funds made available in this Act may be used
18 for the design, renovation, or construction of the United
19 Nations Headquarters in New York.
20 COMMUNITY-BASED POLICE ASSISTANCE
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1342
1 tiveness and accountability of civilian police authority
2 through training and technical assistance in human rights,
3 the rule of law, anti-corruption, strategic planning, and
4 through assistance to foster civilian police roles that sup-
5 port democratic governance, including assistance for pro-
6 grams to prevent conflict, respond to disasters, address
7 gender-based violence, and foster improved police relations
8 with the communities they serve.
9 (b) NOTIFICATION.—Assistance provided under sub-
10 section (a) shall be subject to the regular notification pro-
11 cedures of the Committees on Appropriations.
12 PROHIBITION ON PROMOTION OF TOBACCO
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1343
1 ference occurring outside the United States, unless the
2 Secretary of State reports to the Committees on Appro-
3 priations at least 5 days in advance that such attendance
4 is important to the national interest: Provided, That for
5 purposes of this section the term ‘‘international con-
6 ference’’ shall mean a conference attended by representa-
7 tives of the United States Government and of foreign gov-
8 ernments, international organizations, or nongovern-
9 mental organizations.
10 AIRCRAFT TRANSFER AND COORDINATION
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1344
1 of State and the Deputy Secretary of State and this re-
2 sponsibility shall not be delegated.
3 (b) PROPERTY DISPOSAL.—The authority provided
4 in subsection (a) shall apply only after the Secretary of
5 State determines and reports to the Committees on Appro-
6 priations that the equipment is no longer required to meet
7 programmatic purposes in the designated country or re-
8 gion: Provided, That any such transfer shall be subject
9 to prior consultation with, and the regular notification
10 procedures of, the Committees on Appropriations.
11 (c) AIRCRAFT COORDINATION.—
12 (1) The uses of aircraft purchased or leased by
13 the Department of State and the United States
14 Agency for International Development (USAID)
15 with funds made available in this Act or prior Acts
16 making appropriations for the Department of State,
17 foreign operations, and related programs shall be co-
18 ordinated under the authority of the appropriate
19 Chief of Mission: Provided, That such aircraft may
20 be used to transport, on a reimbursable or non-reim-
21 bursable basis, Federal and non-Federal personnel
22 supporting Department of State and USAID pro-
23 grams and activities: Provided further, That official
24 travel for other agencies for other purposes may be
25 supported on a reimbursable basis, or without reim-
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1345
1 bursement when traveling on a space available basis:
2 Provided further, That funds received by the Depart-
3 ment of State for the use of aircraft owned, leased,
4 or chartered by the Department of State may be
5 credited to the Department’s Working Capital Fund
6 and shall be available for expenses related to the
7 purchase, lease, maintenance, chartering, or oper-
8 ation of such aircraft.
9 (2) The requirement and authorities of this
10 subsection shall only apply to aircraft, the primary
11 purpose of which is the transportation of personnel.
12 PARKING FINES AND REAL PROPERTY TAXES OWED BY
13 FOREIGN GOVERNMENTS
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1346
1 in foreign countries, subject to such terms and conditions
2 as the Secretary of State may prescribe.
3 (b) CLUSTER MUNITIONS.—No military assistance
4 shall be furnished for cluster munitions, no defense export
5 license for cluster munitions may be issued, and no cluster
6 munitions or cluster munitions technology shall be sold or
7 transferred, unless—
8 (1) the submunitions of the cluster munitions,
9 after arming, do not result in more than 1 percent
10 unexploded ordnance across the range of intended
11 operational environments, and the agreement appli-
12 cable to the assistance, transfer, or sale of such clus-
13 ter munitions or cluster munitions technology speci-
14 fies that the cluster munitions will only be used
15 against clearly defined military targets and will not
16 be used where civilians are known to be present or
17 in areas normally inhabited by civilians; or
18 (2) such assistance, license, sale, or transfer is
19 for the purpose of demilitarizing or permanently dis-
20 posing of such cluster munitions.
21 PROHIBITION ON PUBLICITY OR PROPAGANDA
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1347
1 vided, That not to exceed $25,000 may be made available
2 to carry out the provisions of section 316 of Public Law
3 96–533.
4 LIMITATION ON RESIDENCE EXPENSES
11 DEVELOPMENT MANAGEMENT
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1348
1 (2) The authority to hire individuals contained
2 in subsection (a) shall expire on September 30,
3 2015.
4 (c) CONDITIONS.—The authority of subsection (a)
5 should only be used to the extent that an equivalent num-
6 ber of positions that are filled by personal services contrac-
7 tors or other non-direct hire employees of USAID, who
8 are compensated with funds appropriated to carry out part
9 I of the Foreign Assistance Act of 1961, are eliminated.
10 (d) PROGRAM ACCOUNT CHARGED.—The account
11 charged for the cost of an individual hired and employed
12 under the authority of this section shall be the account
13 to which such individual’s responsibilities primarily relate:
14 Provided, That funds made available to carry out this sec-
15 tion may be transferred to, and merged with, funds appro-
16 priated by this Act in title II under the heading ‘‘Oper-
17 ating Expenses’’.
18 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
19 viduals hired and employed by USAID, with funds made
20 available in this Act or prior Acts making appropriations
21 for the Department of State, foreign operations, and re-
22 lated programs, pursuant to the authority of section 309
23 of the Foreign Service Act of 1980, may be extended for
24 a period of up to 4 years notwithstanding the limitation
25 set forth in such section.
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1349
1 (f) DISASTER SURGE CAPACITY.—Funds appro-
2 priated under title III of this Act to carry out part I of
3 the Foreign Assistance Act of 1961 may be used, in addi-
4 tion to funds otherwise available for such purposes, for
5 the cost (including the support costs) of individuals de-
6 tailed to or employed by USAID whose primary responsi-
7 bility is to carry out programs in response to natural dis-
8 asters, or man-made disasters subject to the regular notifi-
9 cation procedures of the Committees on Appropriations.
10 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap-
11 propriated by this Act to carry out chapter 1 of part I,
12 chapter 4 of part II, and section 667 of the Foreign As-
13 sistance Act of 1961, and title II of the Food for Peace
14 Act (Public Law 83–480), may be used by USAID to em-
15 ploy up to 40 personal services contractors in the United
16 States, notwithstanding any other provision of law, for the
17 purpose of providing direct, interim support for new or
18 expanded overseas programs and activities managed by
19 the agency until permanent direct hire personnel are hired
20 and trained: Provided, That not more than 15 of such con-
21 tractors shall be assigned to any bureau or office: Provided
22 further, That such funds appropriated to carry out title
23 II of the Food for Peace Act (Public Law 83–480), may
24 be made available only for personal services contractors
25 assigned to the Office of Food for Peace.
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1 (h) SMALL BUSINESS.—In entering into multiple
2 award indefinite-quantity contracts with funds appro-
3 priated by this Act, USAID may provide an exception to
4 the fair opportunity process for placing task orders under
5 such contracts when the order is placed with any category
6 of small or small disadvantaged business.
7 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT-
8 MENTS.—Individuals hired pursuant to the authority pro-
9 vided by section 7059(o) of division F of Public Law 111–
10 117 may be assigned to or support programs in Afghani-
11 stan or Pakistan with funds made available in this Act
12 and prior Acts making appropriations for the Department
13 of State, foreign operations, and related programs.
14 GLOBAL HEALTH ACTIVITIES
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1351
1 III of this Act, not less than $575,000,000 should be made
2 available for family planning/reproductive health, includ-
3 ing in areas where population growth threatens biodiver-
4 sity or endangered species.
5 (b) PANDEMIC RESPONSE.—If the President deter-
6 mines and reports to the Committees on Appropriations
7 that a pandemic virus is efficient and sustained, severe,
8 and is spreading internationally, any funds made available
9 under titles III and IV in this Act and prior Acts making
10 appropriations for the Department of State, foreign oper-
11 ations, and related programs may be made available to
12 combat such virus: Provided, That funds made available
13 pursuant to the authority of this subsection shall be sub-
14 ject to prior consultation with, and the regular notification
15 procedures of, the Committees on Appropriations.
16 (c) GLOBAL FUND.—(1) Of the funds appropriated
17 by this Act that are available for a contribution to the
18 Global Fund to Fight AIDS, Tuberculosis and Malaria
19 (Global Fund), 10 percent should be withheld from obliga-
20 tion until the Secretary of State determines and reports
21 to the Committees on Appropriations that—
22 (A) the Global Fund is maintaining and
23 implementing a policy of transparency, includ-
24 ing the authority of the Global Fund Office of
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1 the Inspector General (OIG) to publish OIG re-
2 ports on a public Web site;
3 (B) the Global Fund is providing sufficient
4 resources to maintain an independent OIG
5 that—
6 (i) reports directly to the Board of the
7 Global Fund;
8 (ii) maintains a mandate to conduct
9 thorough investigations and programmatic
10 audits, free from undue interference; and
11 (iii) compiles regular, publicly pub-
12 lished audits and investigations of finan-
13 cial, programmatic, and reporting aspects
14 of the Global Fund, its grantees, recipi-
15 ents, sub-recipients, and Local Fund
16 Agents;
17 (C) the Global Fund maintains an effective
18 whistleblower policy to protect whistleblowers
19 from retaliation, including confidential proce-
20 dures for reporting possible misconduct or
21 irregularities; and
22 (D) the Global Fund is implementing the
23 recommendations contained in the Consolidated
24 Transformation Plan approved by the Board of
25 the Global Fund on November 21, 2011.
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1353
1 (2) The withholding required by this subsection
2 shall not be in addition to funds that are withheld
3 from the Global Fund in fiscal year 2014 pursuant
4 to the application of any other provision contained
5 in this or any other Act.
6 GENDER EQUALITY
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1354
1 should be made available to implement a multi-year
2 strategy to prevent and respond to gender-based vio-
3 lence in countries where it is common in conflict and
4 non-conflict settings.
5 (B) Funds appropriated by titles III and IV of
6 this Act that are available to train foreign police, ju-
7 dicial, and military personnel, including for inter-
8 national peacekeeping operations, shall address,
9 where appropriate, prevention and response to gen-
10 der-based violence and trafficking in persons, and
11 shall promote the integration of women into the po-
12 lice and other security forces.
13 (2) Department of State and USAID gender
14 programs shall incorporate coordinated efforts to
15 combat a variety of forms of gender-based violence,
16 including child marriage, rape, female genital cut-
17 ting and mutilation, and domestic violence, among
18 other forms of gender-based violence in conflict and
19 non-conflict settings.
20 (d) WOMEN, PEACE, AND SECURITY.—Funds appro-
21 priated by this Act under the headings ‘‘Development As-
22 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International
23 Narcotics Control and Law Enforcement’’ should be made
24 available to support a multi-year strategy to expand, and
25 improve coordination of, United States Government ef-
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1 forts to empower women as equal partners in conflict pre-
2 vention, peace building, transitional processes, and recon-
3 struction efforts in countries affected by conflict or in po-
4 litical transition, and to ensure the equitable provision of
5 relief and recovery assistance to women and girls.
6 SECTOR ALLOCATIONS
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1356
1 for a contribution to multilateral partnerships
2 that support education.
3 (2) HIGHER EDUCATION.—Of the funds appro-
4 priated by title III of this Act, not less than
5 $225,000,000 shall be made available for assistance
6 for higher education, of which not less than
7 $25,000,000 shall be to support such programs in
8 Africa, including for partnerships between higher
9 education institutions in Africa and the United
10 States.
11 (b) DEVELOPMENT GRANTS PROGRAM.—Of the
12 funds appropriated in title III of this Act, not less than
13 $45,000,000 shall be made available for the Development
14 Grants Program established pursuant to section 674 of
15 the Department of State, Foreign Operations, and Related
16 Programs Appropriations Act, 2008 (division J of Public
17 Law 110–161), primarily for unsolicited proposals for ac-
18 tivities within all sectors, to support grants of not more
19 than $2,000,000 to small nongovernmental organizations,
20 universities, and other small entities: Provided, That funds
21 made available under this subsection shall remain avail-
22 able until September 30, 2016, and are in addition to
23 other funds available for such purposes.
24 (c) ENVIRONMENT PROGRAMS.—
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1 (1) IN GENERAL.—Of the funds appropriated
2 by this Act, not less than $1,153,500,000 should be
3 made available for environment programs.
4 (2) CLEAN ENERGY.—The limitation in section
5 7081(b) of division F of Public Law 111–117 shall
6 continue in effect during fiscal year 2014 as if part
7 of this Act: Provided, That the proviso contained in
8 such section shall not apply.
9 (3) ADAPTATION AND MITIGATION.—Funds ap-
10 propriated by this Act may be made available for
11 United States contributions to multilateral environ-
12 mental funds to support adaptation and mitigation
13 programs and activities.
14 (4) SUSTAINABLE LANDSCAPES AND BIODIVER-
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1358
1 other tropical forest programs in the Congo Basin
2 for the United States Fish and Wildlife Service
3 (USFWS) shall be apportioned directly to the
4 USFWS: Provided further, That funds made avail-
5 able for the Department of the Interior (DOI) for
6 programs in the Mayan Biosphere Reserve shall be
7 apportioned directly to the DOI: Provided further,
8 That such funds shall also support programs to pro-
9 tect great apes and other endangered species.
10 (5) WILDLIFE POACHING AND TRAFFICKING.—
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1 (6) AUTHORITY.—Funds appropriated by this
2 Act to carry out the provisions of sections 103
3 through 106, and chapter 4 of part II, of the For-
4 eign Assistance Act of 1961 may be used, notwith-
5 standing any other provision of law except for the
6 provisions of this subsection and subject to the reg-
7 ular notification procedures of the Committees on
8 Appropriations, to support environment programs.
9 (7) EXTRACTION OF NATURAL RESOURCES.—
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1360
1 of the Treasury’s Web site that it is the policy
2 of the United States to vote against any assist-
3 ance by such institutions (including but not lim-
4 ited to any loan, credit, grant, or guarantee) for
5 the extraction and export of a natural resource
6 if the government of the country has in place
7 laws, regulations, or procedures to prevent or
8 limit the public disclosure of company payments
9 as required by section 1504 of Public Law 111–
10 203, and unless such government has adopted
11 laws, regulations, or procedures in the sector in
12 which assistance is being considered for—
13 (I) accurately accounting for and pub-
14 lic disclosure of payments to the host gov-
15 ernment by companies involved in the ex-
16 traction and export of natural resources;
17 (II) the independent auditing of ac-
18 counts receiving such payments and public
19 disclosure of the findings of such audits;
20 and
21 (III) public disclosure of such docu-
22 ments as Host Government Agreements,
23 Concession Agreements, and bidding docu-
24 ments, allowing in any such dissemination
25 or disclosure for the redaction of, or excep-
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1 tions for, information that is commercially
2 proprietary or that would create competi-
3 tive disadvantage.
4 (ii) The requirements of clause (i) shall not
5 apply to assistance for the purpose of building
6 the capacity of such government to meet the re-
7 quirements of this subparagraph.
8 (C) The Secretary of the Treasury or the
9 Secretary of State, as appropriate, shall in-
10 struct the United States executive director of
11 each international financial institution and the
12 United States representatives to all forest-re-
13 lated multilateral financing mechanisms and
14 processes that it is the policy of the United
15 States to vote against any financing to support
16 or promote the expansion of industrial scale
17 logging or any other industrial scale extractive
18 activity into areas that were primary/intact
19 tropical forest as of December 30, 2013.
20 (D) The Secretary of the Treasury shall
21 instruct the United States executive director of
22 each international financial institution that it is
23 the policy of the United States to oppose any
24 loan, grant, strategy or policy of such institu-
25 tion to support the construction of any large
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1362
1 hydroelectric dam (as defined in ‘‘Dams and
2 Development: A New Framework for Decision-
3 Making,’’ World Commission on Dams (Novem-
4 ber 2000)).
5 (8) TRANSFER OF FUNDS.—The Secretary of
6 State, after consultation with the Secretary of the
7 Treasury, shall transfer $50,000,000 of funds ap-
8 propriated under the heading ‘‘Economic Support
9 Fund’’ to funds appropriated by this Act under the
10 headings ‘‘Multilateral Assistance, International Fi-
11 nancial Institutions’’ for additional payments to
12 trust funds enumerated under such headings: Pro-
13 vided, That prior to exercising such transfer author-
14 ity the Secretary of State shall consult with the
15 Committees on Appropriations.
16 (9) CONTINUATION OF PRIOR LAW.—Section
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1 vided, That such funds may be made available notwith-
2 standing any other provision of law to address food short-
3 ages, and, if authorized, for a United States contribution
4 to the endowment of the Global Crop Diversity Trust.
5 (e) MICROENTERPRISE AND MICROFINANCE.—Of the
6 funds appropriated by this Act, not less than
7 $265,000,000 should be made available for microenter-
8 prise and microfinance development programs for the
9 poor, especially women.
10 (f) RECONCILIATION PROGRAMS.—Of the funds ap-
11 propriated by this Act under the headings ‘‘Economic
12 Support Fund’’ and ‘‘Development Assistance’’,
13 $26,000,000 shall be made available to support people-to-
14 people reconciliation programs which bring together indi-
15 viduals of different ethnic, religious, and political back-
16 grounds from areas of civil strife and war: Provided, That
17 the Administrator of the United States Agency for Inter-
18 national Development shall consult with the Committees
19 on Appropriations, prior to the initial obligation of funds,
20 on the uses of such funds: Provided further, That to the
21 maximum extent practicable, such funds shall be matched
22 by sources other than the United States Government.
23 (g) TRAFFICKING IN PERSONS.—Of the funds appro-
24 priated by this Act under the headings ‘‘Development As-
25 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International
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1 Narcotics Control and Law Enforcement’’, not less than
2 $44,000,000 shall be made available for activities to com-
3 bat trafficking in persons internationally.
4 (h) WATER AND SANITATION.—Of the funds appro-
5 priated by this Act, not less than $365,000,000 shall be
6 made available for water and sanitation supply projects
7 pursuant to the Senator Paul Simon Water for the Poor
8 Act of 2005 (Public Law 109–121).
9 (i) NOTIFICATION REQUIREMENTS.—Authorized de-
10 viations from funding levels contained in this section shall
11 be subject to the regular notification procedures of the
12 Committees on Appropriations.
13 UZBEKISTAN
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1 ment of Uzbekistan in meeting the requirements in section
2 7076(a): Provided, That the Secretary of State, in con-
3 sultation with the Secretary of Defense, shall submit a re-
4 port to the Committees on Appropriations not later than
5 12 months after enactment of this Act and 6 months
6 thereafter, on all United States Government assistance
7 provided to the Government of Uzbekistan and expendi-
8 tures made in support of the Northern Distribution Net-
9 work in Uzbekistan during the previous 12 months, in-
10 cluding any credible information that such assistance or
11 expenditures are being diverted for corrupt purposes: Pro-
12 vided further, That information provided in the assessment
13 and report required by the previous provisos shall be un-
14 classified but may be accompanied by a classified annex
15 and such annex shall indicate the basis for such classifica-
16 tion: Provided further, That for purposes of the application
17 of section 7076(e) to this Act, the term ‘‘assistance’’ shall
18 not include expanded international military education and
19 training.
20 REQUESTS FOR DOCUMENTS
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1366
1 quirements of the United States Agency for International
2 Development.
3 UNITED NATIONS POPULATION FUND
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1367
1 of UNFPA and does not commingle such funds with
2 other sums; and
3 (2) UNFPA does not fund abortions.
4 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL-
5 LAR WITHHOLDING OF FUNDS.—
6 (1) Not later than 4 months after the date of
7 enactment of this Act, the Secretary of State shall
8 submit a report to the Committees on Appropria-
9 tions indicating the amount of funds that the
10 UNFPA is budgeting for the year in which the re-
11 port is submitted for a country program in the Peo-
12 ple’s Republic of China.
13 (2) If a report under paragraph (1) indicates
14 that the UNFPA plans to spend funds for a country
15 program in the People’s Republic of China in the
16 year covered by the report, then the amount of such
17 funds the UNFPA plans to spend in the People’s
18 Republic of China shall be deducted from the funds
19 made available to the UNFPA after March 1 for ob-
20 ligation for the remainder of the fiscal year in which
21 the report is submitted.
22 OVERSEAS PRIVATE INVESTMENT CORPORATION
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1 the funds appropriated under title III of this Act may be
2 transferred to, and merged with, funds appropriated by
3 this Act for the Overseas Private Investment Corporation
4 Program Account, to be subject to the terms and condi-
5 tions of that account: Provided, That such funds shall not
6 be available for administrative expenses of the Overseas
7 Private Investment Corporation: Provided further, That
8 designated funding levels in this Act shall not be trans-
9 ferred pursuant to this section: Provided further, That the
10 exercise of such authority shall be subject to the regular
11 notification procedures of the Committees on Appropria-
12 tions.
13 (b) Notwithstanding section 235(a)(2) of the Foreign
14 Assistance Act of 1961, the authority of subsections (a)
15 through (c) of section 234 of such Act shall remain in
16 effect until September 30, 2014.
17 INTERNATIONAL PRISON CONDITIONS
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1 sibility of the Assistant Secretary of State for Democracy,
2 Human Rights, and Labor (DRL), in consultation with
3 the Assistant Secretary of State for International Nar-
4 cotics Control and Law Enforcement Affairs, and the As-
5 sistant Administrator for Democracy, Conflict, and Hu-
6 manitarian Assistance, United States Agency for Inter-
7 national Development, as appropriate: Provided further,
8 That the Assistant Secretary of State for DRL shall con-
9 sult with the Committees on Appropriations prior to the
10 obligation of funds.
11 PROHIBITION ON USE OF TORTURE
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1 provided under the headings ‘‘International Disaster As-
2 sistance’’, ‘‘Complex Crises Fund’’, ‘‘International Nar-
3 cotics Control and Law Enforcement’’, ‘‘Migration and
4 Refugee Assistance’’, ‘‘United States Emergency Refugee
5 and Migration Assistance Fund’’, and ‘‘Nonproliferation,
6 Anti-terrorism, Demining and Related Assistance’’) for
7 the central government of a country which has notified
8 the Department of State of its refusal to extradite to the
9 United States any individual indicted for a criminal of-
10 fense for which the maximum penalty is life imprisonment
11 without the possibility of parole or for killing a law en-
12 forcement officer, as specified in a United States extra-
13 dition request.
14 (b) Subsection (a) shall only apply to the central gov-
15 ernment of a country with which the United States main-
16 tains diplomatic relations and with which the United
17 States has an extradition treaty and the government of
18 that country is in violation of the terms and conditions
19 of the treaty.
20 (c) The Secretary of State may waive the restriction
21 in subsection (a) on a case-by-case basis if the Secretary
22 certifies to the Committees on Appropriations that such
23 waiver is important to the national interests of the United
24 States.
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1 COMMERCIAL LEASING OF DEFENSE ARTICLES
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1372
1 Soviet Union, such as those violations included in the Hel-
2 sinki Final Act: Provided, That such funds may be made
3 available without regard to the restriction in this sub-
4 section if the President determines that to do so is in the
5 national security interest of the United States.
6 (b) Funds appropriated by this Act under the heading
7 ‘‘Economic Support Fund’’ may be made available, not-
8 withstanding any other provision of law, for assistance and
9 related programs for the countries identified in section
10 3(c) of the Support for Eastern European Democracy
11 (SEED) Act of 1989 (Public Law 101–179) and section
12 3 of the FREEDOM Support Act (Public Law 102–511)
13 and may be used to carry out the provisions of those Acts:
14 Provided, That such assistance and related programs from
15 funds appropriated by this Act under the headings ‘‘Global
16 Health Programs’’, ‘‘Economic Support Fund’’, and
17 ‘‘International Narcotics Control and Law Enforcement’’
18 shall be administered in accordance with the responsibil-
19 ities of the coordinator designated pursuant to section 601
20 of the Support for Eastern European Democracy (SEED)
21 Act of 1989 (Public Law 101–179) and section 102 of
22 the FREEDOM Support Act (Public Law 102–511).
23 (c) Section 907 of the FREEDOM Support Act shall
24 not apply to—
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1373
1 (1) activities to support democracy or assist-
2 ance under title V of the FREEDOM Support Act
3 and section 1424 of Public Law 104–201 or non-
4 proliferation assistance;
5 (2) any assistance provided by the Trade and
6 Development Agency under section 661 of the For-
7 eign Assistance Act of 1961 (22 U.S.C. 2421);
8 (3) any activity carried out by a member of the
9 United States and Foreign Commercial Service while
10 acting within his or her official capacity;
11 (4) any insurance, reinsurance, guarantee, or
12 other assistance provided by the Overseas Private
13 Investment Corporation under title IV of chapter 2
14 of part I of the Foreign Assistance Act of 1961 (22
15 U.S.C. 2191 et seq.);
16 (5) any financing provided under the Export-
17 Import Bank Act of 1945; or
18 (6) humanitarian assistance.
19 INTERNATIONAL MONETARY FUND
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1374
1 Monetary Fund (IMF) to seek to ensure that any loan
2 will be repaid to the IMF before other private creditors.
3 (c) The Secretary of the Treasury shall report to the
4 Committees on Appropriations, not later than 45 days
5 after enactment of this Act, a description and estimate
6 of IMF surcharges on outstanding and new loans for cal-
7 endar years 2011, 2012, and 2013; the IMF’s internal use
8 of funds derived from such surcharges; and details of the
9 IMF’s internal budget for the calendar years 2011, 2012,
10 and 2013.
11 (d) The Secretary of the Treasury shall seek to en-
12 sure that the IMF is implementing best practices for the
13 protection of whistleblowers from retaliation, including
14 best practices for—
15 (1) protection against retaliation for internal
16 and lawful public disclosures;
17 (2) legal burdens of proof;
18 (3) statutes of limitation for reporting retalia-
19 tion;
20 (4) access to independent adjudicative bodies,
21 including external arbitration; and
22 (5) results that eliminate the effects of proven
23 retaliation.
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1375
1 SOVEREIGNTY OF THE POST-SOVIET STATES
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1376
1 these countries; and a description of actions taken or
2 planned by the United States Government to ensure that
3 the Eastern Partnership countries maintain full sov-
4 ereignty in their foreign policy decisionmaking.
5 (c) Not later than 90 days after enactment of this
6 Act, the Secretary of State shall submit a report to the
7 Committees on Appropriations describing efforts by the
8 Government of the Russian Federation to investigate and
9 prosecute law enforcement and government personnel
10 credibly alleged to be responsible for gross violations of
11 human rights against Russian individuals affiliated with
12 nongovernmental and civil society organizations, the pri-
13 vate sector, social activism, opposition political parties,
14 and the media.
15 (d) Funds appropriated by this Act shall be made
16 available for democracy and rule of law programs in coun-
17 tries of the former Soviet Union: Provided, That not later
18 than 90 days after enactment of this Act, the Secretary
19 of State shall submit to the Committees on Appropriations
20 a multi-year strategy, including cost estimates, objectives,
21 and oversight mechanisms, for such programs on a coun-
22 try-by-country basis.
23 (e) Not later than 45 days after enactment of this
24 Act, the Secretary of State shall submit a report to the
25 Committees on Appropriations detailing the support of the
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1377
1 Government of the Russian Federation for the Govern-
2 ment of Syria, including arms sales and the use of such
3 arms against civilian populations, and for the Government
4 of Iran, including support for nuclear research cooperation
5 and sanctions relief.
6 (f) The Secretary of State shall submit to the Com-
7 mittees on Appropriations a description of steps taken by
8 the United States Government to assist in the restoration
9 of the territorial integrity of Georgia.
10 PROHIBITION ON FIRST-CLASS TRAVEL
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1378
1 this further action is not necessary to protect the interests
2 of the Government.
3 (b) UNPAID TAXES.—None of the funds made avail-
4 able by this Act may be used to enter into a contract,
5 memorandum of understanding, or cooperative agreement
6 with, make a grant to, or provide a loan or loan guarantee
7 to, any corporation that has any unpaid Federal tax liabil-
8 ity that has been assessed for which all judicial and ad-
9 ministrative remedies have been exhausted or have lapsed,
10 and that is not being paid in a timely manner pursuant
11 to an agreement with the authority responsible for col-
12 lecting the tax liability, where the awarding agency has
13 direct knowledge of the unpaid tax liability, unless a Fed-
14 eral agency has considered, in accordance with its proce-
15 dures, that this further action is not necessary to protect
16 the interests of the Government.
17 (c) IMPLEMENTATION.—The requirements of this
18 section shall be implemented 180 days after enactment of
19 this Act.
20 ENTERPRISE FUNDS
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1379
1 (b) Prior to the distribution of any assets resulting
2 from any liquidation, dissolution, or winding up of an En-
3 terprise Fund, in whole or in part, the President shall sub-
4 mit to the Committees on Appropriations, in accordance
5 with the regular notification procedures of the Committees
6 on Appropriations, a plan for the distribution of the assets
7 of the Enterprise Fund.
8 (c) Prior to a transition to and operation of any pri-
9 vate equity fund or other parallel investment fund under
10 an existing Enterprise Fund, the President shall submit
11 such transition or operating plan to the Committees on
12 Appropriations, in accordance with the regular notification
13 procedures of the Committees on Appropriations.
14 ARMS TRADE TREATY
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1380
1 Foundation, shall submit to the Committees on Appropria-
2 tions an operating plan for funds appropriated to such de-
3 partment, agency, or organization in such titles of this
4 Act, or funds otherwise available for obligation in fiscal
5 year 2014, that provides details of the use of such funds
6 at the program, project, and activity level.
7 (b) SPEND PLANS.—Prior to the initial obligation of
8 funds, the Secretary of State, in consultation with the Ad-
9 ministrator of the United States Agency for International
10 Development (USAID), shall submit to the Committees on
11 Appropriations a detailed spend plan for funds made avail-
12 able by this Act under title III, and under title IV where
13 applicable, for—
14 (1) assistance for Afghanistan, Colombia,
15 Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Paki-
16 stan, the West Bank and Gaza, and Yemen;
17 (2) the Caribbean Basin Security Initiative, the
18 Central American Regional Security Initiative, the
19 Trans-Sahara Counterterrorism Partnership pro-
20 gram, and the Partnership for Regional East Africa
21 Counterterrorism program; and
22 (3) democracy programs, and food security and
23 agriculture development programs.
24 (c) Not later than 45 days after enactment of this
25 Act, the USAID Administrator shall submit to the Com-
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1381
1 mittees on Appropriations a detailed spend plan for funds
2 made available during fiscal year 2013 under the heading
3 ‘‘Development Credit Authority’’.
4 (d) Not later than 45 days after enactment of this
5 Act, the Secretary of the Treasury shall submit to the
6 Committees on Appropriations a detailed spend plan for
7 funds made available by this Act under the headings ‘‘De-
8 partment of the Treasury’’ in title III and ‘‘International
9 Financial Institutions’’ in title V.
10 (e) NOTIFICATIONS.—The spend plans referenced in
11 subsections (b), (c) and (d) shall not be considered as
12 meeting the notification requirements in this Act or under
13 section 634A of the Foreign Assistance Act of 1961.
14 (f) CONGRESSIONAL BUDGET JUSTIFICATIONS.—The
15 congressional budget justifications for Department of
16 State operations and foreign operations shall be provided
17 to the Committees on Appropriations concurrent with the
18 date of submission of the President’s budget for fiscal year
19 2015.
20 SPECIAL DEFENSE ACQUISITION FUND
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1382
1 of defense articles and defense services to foreign coun-
2 tries or international organizations from the Fund shall
3 be subject to the concurrence of the Secretary of State.
4 USE OF FUNDS IN CONTRAVENTION OF THIS ACT
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1 GLOBAL INTERNET FREEDOM
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1384
1 May 2011, International Strategy for Cyberspace
2 and the comprehensive strategy to promote Internet
3 freedom and access to information in Iran, as re-
4 quired by section 414 of Public Law 112–158;
5 (3) made available to the Broadcasting Board
6 of Governors (BBG) to provide tools and techniques
7 to access the Internet Web sites of BBG broad-
8 casters that are censored, and to work with such
9 broadcasters to promote and distribute such tools
10 and techniques, including digital security techniques;
11 (4) made available for programs that support
12 the efforts of civil society to counter the development
13 of repressive Internet-related laws and regulations,
14 including countering threats to Internet freedom at
15 international organizations; to combat violence
16 against bloggers and other users; and to enhance
17 digital security training and capacity building for de-
18 mocracy activists; and
19 (5) made available for research of key threats
20 to Internet freedom; the continued development of
21 technologies that provide or enhance access to the
22 Internet, including circumvention tools that bypass
23 Internet blocking, filtering, and other censorship
24 techniques used by authoritarian governments; and
25 maintenance of the United States Government’s
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1385
1 technological advantage over such censorship tech-
2 niques: Provided, That the Secretary of State, in
3 consultation with the BBG, shall coordinate any
4 such research and development programs with other
5 relevant United States Government departments and
6 agencies in order to share information, technologies,
7 and best practices, and to assess the effectiveness of
8 such technologies.
9 (c) After consultation among the relevant agency
10 heads to coordinate and de-conflict planned activities, but
11 not later than 90 days after enactment of this Act, the
12 Secretary of State, the USAID Administrator, and the
13 BBG Board Chairman shall submit to the Committees on
14 Appropriations spend plans for funds made available by
15 this Act for programs to promote Internet freedom glob-
16 ally, which shall include a description of safeguards estab-
17 lished by relevant agencies to ensure that such programs
18 are not used for illicit purposes.
19 IMPACT ON JOBS IN THE UNITED STATES
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1386
1 outside the United States if such incentive or in-
2 ducement is likely to reduce the number of employ-
3 ees of such business enterprise in the United States
4 because United States production is being replaced
5 by such enterprise outside the United States;
6 (2) assistance for any program, project, or ac-
7 tivity that contributes to the violation of internation-
8 ally recognized workers rights, as defined in section
9 507(4) of the Trade Act of 1974, of workers in the
10 recipient country, including any designated zone or
11 area in that country: Provided, That the application
12 of section 507(4)(D) and (E) of such Act should be
13 commensurate with the level of development of the
14 recipient country and sector, and shall not preclude
15 assistance for the informal sector in such country,
16 micro and small-scale enterprise, and smallholder
17 agriculture;
18 (3) any assistance to an entity outside the
19 United States if such assistance is for the purpose
20 of directly relocating or transferring jobs from the
21 United States to other countries and adversely im-
22 pacts the labor force in the United States; or
23 (4) until September 30, 2014, for the enforce-
24 ment of any rule, regulation, policy, or guidelines
25 implemented pursuant to—
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1387
1 (A) the third proviso of subsection 7079(b)
2 of the Consolidated Appropriations Act, 2010;
3 (B) the modification proposed by the Over-
4 seas Private Investment Corporation in Novem-
5 ber 2013 to the Corporation’s Environmental
6 and Social Policy Statement relating to coal; or
7 (C) the Supplemental Guidelines for High
8 Carbon Intensity Projects approved by the Ex-
9 port-Import Bank of the United States on De-
10 cember 12, 2013
11 when enforcement of such rule, regulation, policy, or
12 guidelines would prohibit, or have the effect of pro-
13 hibiting, any coal-fired or other power-generation
14 project the purpose of which is to: (i) provide afford-
15 able electricity in International Development Asso-
16 ciation (IDA)-eligible countries and IDA-blend coun-
17 tries; and (ii) increase exports of goods and services
18 from the United States or prevent the loss of jobs
19 from the United States.
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1388
1 DEATH GRATUITY AND OTHER BENEFITS
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1389
1 in an uncompensated capacity for that agency, as identi-
2 fied in guidance issued under subsection (c), who dies as
3 a result of injuries sustained in the performance of duty
4 abroad while subject to the authority of the chief of mis-
5 sion pursuant to section 207.’’; and
6 (4) by amending subsection (c) to read as fol-
7 lows:
8 ‘‘GUIDANCE.—Not later than 60 days after the date
9 of the enactment of the Consolidated Appropriations Act,
10 2014, the Secretary shall, in consultation with the heads
11 of other relevant executive agencies, issue guidance with
12 criteria for determining eligibility for, and order of pay-
13 ments to, survivors and beneficiaries of any employee or
14 of an individual in a special category serving in an uncom-
15 pensated capacity for that agency who dies as a result of
16 injuries sustained in the performance of duty while subject
17 to the authority of the chief of mission pursuant to section
18 207.’’.
19 (b) LIFE INSURANCE AND EDUCATIONAL BENE-
20 FITS.—
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1390
1 ‘‘SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT APPLICA-
3 TACKS.
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1391
1 ‘‘(b) OTHER EXECUTIVE AGENCIES.—The head of an
2 executive agency shall provide the additional payment au-
3 thorized by this section, consistent with the provisions set
4 forth in subsection (a), with respect to any employee of
5 that agency or of an individual in a special category serv-
6 ing in an uncompensated capacity for that agency who dies
7 as a result of injuries sustained while on duty abroad be-
8 cause of an act of terrorism, as defined in section 140(d)
9 of the Foreign Relations Authorization Act, Fiscal Years
10 1998 and 1999 (22 U.S.C. 2656f(d)), while subject to the
11 authority of the chief of mission pursuant to section 207.
12 ‘‘SEC. 416. SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL
13 ASSISTANCE.
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1 ‘‘(b) OTHER EXECUTIVE AGENCIES.—The head of an
2 executive agency shall, pursuant to guidance issued under
3 section 413(c) provide educational assistance authorized
4 by this section to a beneficiary of any employee of that
5 agency who dies as a result of an act of terrorism or ter-
6 rorism, as defined in section 140(d) of the Foreign Rela-
7 tions Authorization Act, Fiscal Years 1998 and 1999 (22
8 U.S.C. 2656f(d)), while on duty abroad and subject to the
9 authority of the chief of mission pursuant to section 207.
10 ‘‘(c) AMOUNT OF ASSISTANCE.—Educational assist-
11 ance under this section may be made available up to the
12 amounts provided for in section 3532 of title 38, United
13 States Code, as adjusted by section 3564 of such title, and
14 for an aggregate period not in excess of 48 months.
15 ‘‘(d) PROGRAM OF EDUCATION AND EDUCATIONAL
16 INSTITUTION DEFINED.—For purposes of this section, the
17 terms ‘program of education’ and ‘educational institution’
18 have the meanings given the terms in section 3501 of title
19 38.’’.
20 (2) CLERICAL AMENDMENT.—The table of con-
21 tents in section 2 of the Foreign Service Act of 1980
22 is amended by inserting after the item relating to
23 section 414 the following new items:
‘‘Sec. 415. Group life insurance supplement applicable to those killed in ter-
rorist attacks.
‘‘Sec. 416. Survivors’ and dependents’ educational assistance.’’.
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1393
1 (c) APPLICABILITY.—Notwithstanding any other pro-
2 vision of law, sections 413, 415, and 416 of the Foreign
3 Service Act of 1980, as amended or added by this section,
4 shall apply in the case of a Foreign Service employee or
5 executive branch employee subject to the authority of the
6 chief of mission pursuant to section 207 of the Foreign
7 Service Act (22 U.S.C. 3927), serving at a United States
8 diplomatic or consular mission abroad, who died on or
9 after April 18, 1983, as a result of injuries sustained in
10 an act of terrorism, as defined in section 140(d) of the
11 Foreign Relations Authorization Act, Fiscal Years 1998
12 and 1999 (22 U.S.C. 2656f(d)).
13 (d) FUNDING.—
14 (1) DIPLOMATIC AND CONSULAR PROGRAMS
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1394
1 retary of State may merge with the amounts de-
2 scribed in paragraph (1) unobligated balances of
3 funds appropriated under the ‘‘Diplomatic and Con-
4 sular Programs’’ heading for fiscal year 2014 and
5 subsequent fiscal years, up until the end of the fifth
6 fiscal year after the fiscal year for which such funds
7 were appropriated or otherwise made available.
8 (3) RESCISSION.—Of the unexpended balances
9 available under the heading ‘‘Export and Investment
10 Assistance, Export-Import Bank of the United
11 States, Subsidy Appropriation’’ from prior Acts
12 making appropriations for the Department of State,
13 foreign operations, and related programs,
14 $23,000,000 are rescinded.
15 PREADOPTION VISITATION REQUIREMENT
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1395
1 TITLE VIII
2 OVERSEAS CONTINGENCY OPERATIONS
3 DEPARTMENT OF STATE
4 ADMINISTRATION OF FOREIGN AFFAIRS
5 DIPLOMATIC AND CONSULAR PROGRAMS
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1396
1 Terrorism pursuant to section 251(b)(2)(A) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 CONFLICT STABILIZATION OPERATIONS
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1397
1 seas Contingency Operations/Global War on Terrorism
2 pursuant to section 251(b)(2)(A) of the Balanced Budget
3 and Emergency Deficit Control Act of 1985.
4 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
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1398
1 ignated by the Congress for Overseas Contingency Oper-
2 ations/Global War on Terrorism pursuant to section
3 251(b)(2)(A) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 RELATED PROGRAMS
6 UNITED STATES INSTITUTE OF PEACE
7 For an additional amount for ‘‘United States Insti-
8 tute of Peace’’, $6,016,000, to remain available until Sep-
9 tember 30, 2015: Provided, That such amount is des-
10 ignated by the Congress for Overseas Contingency Oper-
11 ations/Global War on Terrorism pursuant to section
12 251(b)(2)(A) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985.
14 UNITED STATES AGENCY FOR INTERNATIONAL
15 DEVELOPMENT
16 FUNDS APPROPRIATED TO THE PRESIDENT
17 OPERATING EXPENSES
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1399
1 OFFICE OF INSPECTOR GENERAL
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1400
1 Balanced Budget and Emergency Deficit Control Act of
2 1985.
3 COMPLEX CRISES FUND
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1401
1 251(b)(2)(A) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 INTERNATIONAL SECURITY ASSISTANCE
4 DEPARTMENT OF STATE
5 INTERNATIONAL NARCOTICS CONTROL AND LAW
6 ENFORCEMENT
15 RELATED PROGRAMS
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1402
1 PEACEKEEPING OPERATIONS
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1403
1 GENERAL PROVISIONS
2 ADDITIONAL APPROPRIATIONS
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1404
1 (1) funds appropriated by this title under such
2 headings; and
3 (2) funds appropriated by this title under the
4 headings ‘‘International Disaster Assistance’’ and
5 ‘‘Migration and Refugee Assistance’’.
6 (c) Notwithstanding any other provision of this sec-
7 tion, of the funds appropriated by this title in this Act
8 not to exceed $400,000,000 from funds appropriated
9 under the heading ‘‘Economic Support Fund’’, not to ex-
10 ceed $10,000,000 from funds appropriated under the
11 heading ‘‘International Narcotics Control and Law En-
12 forcement’’, and not to exceed $50,000,000 from funds
13 appropriated under the heading ‘‘Foreign Military Financ-
14 ing Program’’ may be transferred to, and merged with,
15 funds made available under the heading ‘‘Complex Crises
16 Fund’’: Provided, That upon determination that all or part
17 of the funds so transferred from such appropriations are
18 not necessary for the purposes for which they were trans-
19 ferred, such amounts may be transferred back to such ap-
20 propriation and shall be available for the same purposes
21 and for the same time period as originally appropriated.
22 (d) Notwithstanding any other provision of this sec-
23 tion, not to exceed $25,000,000 from funds appropriated
24 under the headings ‘‘International Narcotics Control and
25 Law Enforcement’’, ‘‘Peacekeeping Operations’’, and
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1405
1 ‘‘Foreign Military Financing Program’’ by this title in this
2 Act may be transferred to, and merged with, funds pre-
3 viously made available under the heading ‘‘Global Security
4 Contingency Fund’’: Provided, That not later than 15
5 days prior to making any such transfer, the Secretary of
6 State shall notify the Committees on Appropriations on
7 a country basis, including the implementation plan and
8 timeline for each proposed use of such funds.
9 (e) The transfer authority provided in subsections (a)
10 and (b) may only be exercised to address unanticipated
11 contingencies: Provided, That no such transfer shall ex-
12 ceed 15 percent of any appropriation made available for
13 the current fiscal year by this title and no such appropria-
14 tion shall be increased by more than 25 percent by any
15 such transfer.
16 (f) The transfer authority provided by this section
17 shall be subject to the regular notification procedures of
18 the Committees on Appropriations: Provided, That such
19 transfer authority is in addition to any transfer authority
20 otherwise available under any other provision of law, in-
21 cluding section 610 of the Foreign Assistance Act of 1961
22 which may be exercised by the Secretary of State for the
23 purposes of this title.
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1406
1 RESCISSION OF FUNDS
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1407
1 DIVISION L—TRANSPORTATION, HOUSING
2 AND URBAN DEVELOPMENT, AND RE-
3 LATED AGENCIES APPROPRIATIONS
4 ACT, 2014
5 TITLE I
6 DEPARTMENT OF TRANSPORTATION
7 OFFICE OF THE SECRETARY
8 SALARIES AND EXPENSES
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1408
1 $1,386,000 shall be available for the Office of Small and
2 Disadvantaged Business Utilization; not to exceed
3 $10,778,000 shall be available for the Office of Intel-
4 ligence, Security, and Emergency Response; and not to ex-
5 ceed $15,695,000 shall be available for the Office of the
6 Chief Information Officer: Provided, That the Secretary
7 of Transportation is authorized to transfer funds appro-
8 priated for any office of the Office of the Secretary to any
9 other office of the Office of the Secretary: Provided fur-
10 ther, That no appropriation for any office shall be in-
11 creased or decreased by more than 5 percent by all such
12 transfers: Provided further, That notice of any change in
13 funding greater than 5 percent shall be submitted for ap-
14 proval to the House and Senate Committees on Appropria-
15 tions: Provided further, That not to exceed $60,000 shall
16 be for allocation within the Department for official recep-
17 tion and representation expenses as the Secretary may de-
18 termine: Provided further, That notwithstanding any other
19 provision of law, excluding fees authorized in Public Law
20 107–71, there may be credited to this appropriation up
21 to $2,500,000 in funds received in user fees: Provided fur-
22 ther, That none of the funds provided in this Act shall
23 be available for the position of Assistant Secretary for
24 Public Affairs.
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1409
1 RESEARCH AND TECHNOLOGY
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1410
1 NATIONAL INFRASTRUCTURE INVESTMENTS
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1411
1 graphic distribution of funds, an appropriate balance in
2 addressing the needs of urban and rural areas, and the
3 investment in a variety of transportation modes: Provided
4 further, That a grant funded under this heading shall be
5 not less than $10,000,000 and not greater than
6 $200,000,000: Provided further, That not more than 25
7 percent of the funds made available under this heading
8 may be awarded to projects in a single State: Provided
9 further, That the Federal share of the costs for which an
10 expenditure is made under this heading shall be, at the
11 option of the recipient, up to 80 percent: Provided further,
12 That the Secretary shall give priority to projects that re-
13 quire a contribution of Federal funds in order to complete
14 an overall financing package: Provided further, That not
15 less than 20 percent of the funds provided under this
16 heading shall be for projects located in rural areas: Pro-
17 vided further, That for projects located in rural areas, the
18 minimum grant size shall be $1,000,000 and the Secretary
19 may increase the Federal share of costs above 80 percent:
20 Provided further, That of the amount made available
21 under this heading, the Secretary may use an amount not
22 to exceed $35,000,000 for the planning, preparation or de-
23 sign of projects eligible for funding under this heading:
24 Provided further, That grants awarded under the previous
25 proviso shall not be subject to a minimum grant size: Pro-
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1412
1 vided further, That projects conducted using funds pro-
2 vided under this heading must comply with the require-
3 ments of subchapter IV of chapter 31 of title 40, United
4 States Code: Provided further, That the Secretary shall
5 conduct a new competition to select the grants and credit
6 assistance awarded under this heading: Provided further,
7 That the Secretary may retain up to $20,000,000 of the
8 funds provided under this heading, and may transfer por-
9 tions of those funds to the Administrators of the Federal
10 Highway Administration, the Federal Transit Administra-
11 tion, the Federal Railroad Administration and the Federal
12 Maritime Administration, to fund the award and oversight
13 of grants and credit assistance made under the National
14 Infrastructure Investments program.
15 FINANCIAL MANAGEMENT CAPITAL
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1413
1 business, security, and other requirements, implementa-
2 tion of Federal cyber security initiatives and information
3 infrastructure enhancements, implementation of enhanced
4 security controls on network devices, and enhancement of
5 cyber security workforce training tools, $4,455,000, to re-
6 main available through September 30, 2015.
7 OFFICE OF CIVIL RIGHTS
11 DEVELOPMENT
12 (INCLUDING RESCISSIONS)
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1414
1 That such services shall be provided on a competitive basis
2 to entities within the Department of Transportation: Pro-
3 vided further, That the above limitation on operating ex-
4 penses shall not apply to non-DOT entities: Provided fur-
5 ther, That no funds appropriated in this Act to an agency
6 of the Department shall be transferred to the Working
7 Capital Fund without majority approval of the Working
8 Capital Fund Steering Committee and approval of the
9 Secretary: Provided further, That no assessments may be
10 levied against any program, budget activity, subactivity or
11 project funded by this Act unless notice of such assess-
12 ments and the basis therefor are presented to the House
13 and Senate Committees on Appropriations and are ap-
14 proved by such Committees.
15 MINORITY BUSINESS RESOURCE CENTER PROGRAM
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1415
1 MINORITY BUSINESS OUTREACH
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1416
1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE
2 SECRETARY OF TRANSPORTATION
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1417
1 SEC. 104. The Secretary shall post on the Web site
2 of the Department of Transportation a schedule of all
3 meetings of the Credit Council, including the agenda for
4 each meeting, and require the Credit Council to record the
5 decisions and actions of each meeting.
6 FEDERAL AVIATION ADMINISTRATION
7 OPERATIONS
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1418
1 available for finance and management activities; not to ex-
2 ceed $59,782,000 shall be available for NextGen and oper-
3 ations planning activities; and not to exceed $296,600,000
4 shall be available for staff offices: Provided, That not to
5 exceed 2 percent of any budget activity, except for aviation
6 safety budget activity, may be transferred to any budget
7 activity under this heading: Provided further, That no
8 transfer may increase or decrease any appropriation by
9 more than 2 percent: Provided further, That any transfer
10 in excess of 2 percent shall be treated as a reprogramming
11 of funds under section 405 of this Act and shall not be
12 available for obligation or expenditure except in compli-
13 ance with the procedures set forth in that section: Pro-
14 vided further, That not later than March 31 of each fiscal
15 year hereafter, the Administrator of the Federal Aviation
16 Administration shall transmit to Congress an annual up-
17 date to the report submitted to Congress in December
18 2004 pursuant to section 221 of Public Law 108–176:
19 Provided further, That the amount herein appropriated
20 shall be reduced by $100,000 for each day after March
21 31 that such report has not been submitted to the Con-
22 gress: Provided further, That not later than March 31 of
23 each fiscal year hereafter, the Administrator shall trans-
24 mit to Congress a companion report that describes a com-
25 prehensive strategy for staffing, hiring, and training flight
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1419
1 standards and aircraft certification staff in a format simi-
2 lar to the one utilized for the controller staffing plan, in-
3 cluding stated attrition estimates and numerical hiring
4 goals by fiscal year: Provided further, That the amount
5 herein appropriated shall be reduced by $100,000 per day
6 for each day after March 31 that such report has not been
7 submitted to Congress: Provided further, That funds may
8 be used to enter into a grant agreement with a nonprofit
9 standard-setting organization to assist in the development
10 of aviation safety standards: Provided further, That none
11 of the funds in this Act shall be available for new appli-
12 cants for the second career training program: Provided
13 further, That none of the funds in this Act shall be avail-
14 able for the Federal Aviation Administration to finalize
15 or implement any regulation that would promulgate new
16 aviation user fees not specifically authorized by law after
17 the date of the enactment of this Act: Provided further,
18 That there may be credited to this appropriation as offset-
19 ting collections funds received from States, counties, mu-
20 nicipalities, foreign authorities, other public authorities,
21 and private sources for expenses incurred in the provision
22 of agency services, including receipts for the maintenance
23 and operation of air navigation facilities, and for issuance,
24 renewal or modification of certificates, including airman,
25 aircraft, and repair station certificates, or for tests related
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1420
1 thereto, or for processing major repair or alteration forms:
2 Provided further, That of the funds appropriated under
3 this heading, not less than $140,000,000 shall be for the
4 contract tower program, of which $10,350,000 is for the
5 contract tower cost share program: Provided further, That
6 none of the funds in this Act for aeronautical charting
7 and cartography are available for activities conducted by,
8 or coordinated through, the Working Capital Fund.
9 FACILITIES AND EQUIPMENT
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1421
1 cation; to be derived from the Airport and Airway Trust
2 Fund, $2,600,000,000, of which $450,250,000 shall re-
3 main available until September 30, 2014, and
4 $2,149,750,000 shall remain available until September 30,
5 2016: Provided, That there may be credited to this appro-
6 priation funds received from States, counties, municipali-
7 ties, other public authorities, and private sources, for ex-
8 penses incurred in the establishment, improvement, and
9 modernization of national airspace systems: Provided fur-
10 ther, That upon initial submission to the Congress of the
11 fiscal year 2015 President’s budget, the Secretary of
12 Transportation shall transmit to the Congress a com-
13 prehensive capital investment plan for the Federal Avia-
14 tion Administration which includes funding for each budg-
15 et line item for fiscal years 2015 through 2019, with total
16 funding for each year of the plan constrained to the fund-
17 ing targets for those years as estimated and approved by
18 the Office of Management and Budget.
19 RESEARCH, ENGINEERING, AND DEVELOPMENT
21 (INCLUDING RESCISSION)
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1422
1 acquisition of necessary sites by lease or grant,
2 $158,792,000, to be derived from the Airport and Airway
3 Trust Fund and to remain available until September 30,
4 2016: Provided, That there may be credited to this appro-
5 priation as offsetting collections, funds received from
6 States, counties, municipalities, other public authorities,
7 and private sources, which shall be available for expenses
8 incurred for research, engineering, and development: Pro-
9 vided further, That of the unobligated balances from prior
10 year appropriations available under this heading,
11 $26,183,998 are rescinded.
12 GRANTS-IN-AID FOR AIRPORTS
14 (LIMITATION ON OBLIGATIONS)
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1423
1 for inspection activities and administration of airport safe-
2 ty programs, including those related to airport operating
3 certificates under section 44706 of title 49, United States
4 Code, $3,200,000,000, to be derived from the Airport and
5 Airway Trust Fund and to remain available until ex-
6 pended: Provided, That none of the funds under this head-
7 ing shall be available for the planning or execution of pro-
8 grams the obligations for which are in excess of
9 $3,350,000,000 in fiscal year 2014, notwithstanding sec-
10 tion 47117(g) of title 49, United States Code: Provided
11 further, That none of the funds under this heading shall
12 be available for the replacement of baggage conveyor sys-
13 tems, reconfiguration of terminal baggage areas, or other
14 airport improvements that are necessary to install bulk ex-
15 plosive detection systems: Provided further, That notwith-
16 standing section 47109(a) of title 49, United States Code,
17 the Government’s share of allowable project costs under
18 paragraph (2) for subgrants or paragraph (3) of that sec-
19 tion shall be 95 percent for a project at other than a large
20 or medium hub airport that is a successive phase of a
21 multi-phased construction project for which the project
22 sponsor received a grant in fiscal year 2011 for the con-
23 struction project: Provided further, That notwithstanding
24 any other provision of law, of funds limited under this
25 heading, not more than $106,600,000 shall be obligated
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1424
1 for administration, not less than $15,000,000 shall be
2 available for the Airport Cooperative Research Program,
3 not less than $29,500,000 shall be available for Airport
4 Technology Research, and $5,000,000, to remain available
5 until expended, shall be available and transferred to ‘‘Of-
6 fice of the Secretary, Salaries and Expenses’’ to carry out
7 the Small Community Air Service Development Program.
8 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION
9 ADMINISTRATION
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1425
1 grant assurances that require airport sponsors to provide
2 land without cost to the FAA for air traffic control facili-
3 ties.
4 SEC. 112. The Administrator of the Federal Aviation
5 Administration may reimburse amounts made available to
6 satisfy 49 U.S.C. 41742(a)(1) from fees credited under
7 49 U.S.C. 45303 and any amount remaining in such ac-
8 count at the close of that fiscal year may be made available
9 to satisfy section 41742(a)(1) for the subsequent fiscal
10 year.
11 SEC. 113. Amounts collected under section 40113(e)
12 of title 49, United States Code, shall be credited to the
13 appropriation current at the time of collection, to be
14 merged with and available for the same purposes of such
15 appropriation.
16 SEC. 114. None of the funds in this Act shall be avail-
17 able for paying premium pay under subsection 5546(a) of
18 title 5, United States Code, to any Federal Aviation Ad-
19 ministration employee unless such employee actually per-
20 formed work during the time corresponding to such pre-
21 mium pay.
22 SEC. 115. None of the funds in this Act may be obli-
23 gated or expended for an employee of the Federal Aviation
24 Administration to purchase a store gift card or gift certifi-
25 cate through use of a Government-issued credit card.
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1426
1 SEC. 116. The Secretary shall apportion to the spon-
2 sor of an airport that received scheduled or unscheduled
3 air service from a large certified air carrier (as defined
4 in part 241 of title 14 Code of Federal Regulations, or
5 such other regulations as may be issued by the Secretary
6 under the authority of section 41709) an amount equal
7 to the minimum apportionment specified in 49 U.S.C.
8 47114(c), if the Secretary determines that airport had
9 more than 10,000 passenger boardings in the preceding
10 calendar year, based on data submitted to the Secretary
11 under part 241 of title 14, Code of Federal Regulations.
12 SEC. 117. None of the funds in this Act may be obli-
13 gated or expended for retention bonuses for an employee
14 of the Federal Aviation Administration without the prior
15 written approval of the Assistant Secretary for Adminis-
16 tration of the Department of Transportation.
17 SEC. 118. Subparagraph (D) of section 47124(b)(3)
18 of title 49, United States Code, is amended by striking
19 ‘‘benefit.’’ and inserting ‘‘benefit, with the maximum al-
20 lowable local cost share capped at 20 percent.’’.
21 SEC. 119. Notwithstanding any other provision of
22 law, none of the funds made available under this Act or
23 any prior Act may be used to implement or to continue
24 to implement any limitation on the ability of any owner
25 or operator of a private aircraft to obtain, upon a request
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1427
1 to the Administrator of the Federal Aviation Administra-
2 tion, a blocking of that owner’s or operator’s aircraft reg-
3 istration number from any display of the Federal Aviation
4 Administration’s Aircraft Situational Display to Industry
5 data that is made available to the public, except data made
6 available to a Government agency, for the noncommercial
7 flights of that owner or operator.
8 SEC. 119A. None of the funds in this Act shall be
9 available for salaries and expenses of more than 8 political
10 and Presidential appointees in the Federal Aviation Ad-
11 ministration.
12 SEC. 119B. None of the funds made available under
13 this Act may be used to increase fees pursuant to section
14 44721 of title 49, United States Code, until the FAA pro-
15 vides to the House and Senate Committees on Appropria-
16 tions the report related to aeronautical navigation prod-
17 ucts described in the explanatory statement described in
18 section 4 (in the matter preceding division A of this con-
19 solidated Act).
20 SEC. 119C. None of the funds appropriated or limited
21 by this Act may be used to change weight restrictions or
22 prior permission rules at Teterboro airport in Teterboro,
23 New Jersey.
24 SEC. 119D. The Secretary shall (1) evaluate and ad-
25 just existing helicopter routes above Los Angeles, and
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1428
1 make adjustments to such routes if the adjustments would
2 lessen impacts on residential areas and noise-sensitive
3 landmarks; (2) analyze whether helicopters could safely fly
4 at higher altitudes in certain areas above Los Angeles
5 County; (3) develop and promote best practices for heli-
6 copter hovering and electronic news gathering; (4) conduct
7 outreach to helicopter pilots to inform them of voluntary
8 policies and to increase awareness of noise sensitive areas
9 and events; (5) work with local stakeholders to develop a
10 more comprehensive noise complaint system; and (6) con-
11 tinue to participate in collaborative engagement between
12 community representatives and helicopter operators: Pro-
13 vided, That not later than one year after enactment of
14 this Act, the Secretary shall begin a regulatory process
15 related to the impact of helicopter use on the quality of
16 life and safety of the people of Los Angeles County unless
17 the Secretary can demonstrate significant progress in un-
18 dertaking the actions required under the previous proviso.
19 SEC. 119E. (a) Section 44302 of title 49, United
20 States Code, is amended in paragraph (f) by deleting ‘‘the
21 date specified in section 106(3) of the Continuing Appro-
22 priations Act, 2014’’ and inserting ‘‘September 30, 2014’’
23 in lieu thereof.
24 (b) Section 44303 of title 49, United States Code,
25 is amended in paragraph (b) by deleting ‘‘the date speci-
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1429
1 fied in section 106(3) of the Continuing Appropriations
2 Act, 2014’’ and inserting ‘‘September 30, 2014’’ in lieu
3 thereof.
4 (c) Section 44310 of title 49, United States Code,
5 is amended in paragraph (a) by deleting ‘‘the date speci-
6 fied in section 106(3) of the Continuing Appropriations
7 Act, 2014’’ and inserting ‘‘September 30, 2014’’ in lieu
8 thereof.
9 FEDERAL HIGHWAY ADMINISTRATION
10 LIMITATION ON ADMINISTRATIVE EXPENSES
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1430
1 FEDERAL-AID HIGHWAYS
2 (LIMITATION ON OBLIGATIONS)
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1431
1 (LIQUIDATION OF CONTRACT AUTHORIZATION)
10 ADMINISTRATION
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1432
1 safety construction programs for previous fiscal
2 years the funds for which are allocated by the
3 Secretary (or apportioned by the Secretary
4 under sections 202 or 204 of title 23, United
5 States Code); and
6 (B) for which obligation limitation was
7 provided in a previous fiscal year;
8 (3) determine the proportion that—
9 (A) the obligation limitation for Federal-
10 aid highways, less the aggregate of amounts not
11 distributed under paragraphs (1) and (2) of
12 this subsection; bears to
13 (B) the total of the sums authorized to be
14 appropriated for the Federal-aid highway and
15 highway safety construction programs (other
16 than sums authorized to be appropriated for
17 provisions of law described in paragraphs (1)
18 through (11) of subsection (b) and sums au-
19 thorized to be appropriated for section 119 of
20 title 23, United States Code, equal to the
21 amount referred to in subsection (b)(12) for
22 such fiscal year), less the aggregate of the
23 amounts not distributed under paragraphs (1)
24 and (2) of this subsection;
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1433
1 (4) distribute the obligation limitation for Fed-
2 eral-aid highways, less the aggregate amounts not
3 distributed under paragraphs (1) and (2), for each
4 of the programs (other than programs to which
5 paragraph (1) applies) that are allocated by the Sec-
6 retary under the Moving Ahead for Progress in the
7 21st Century Act and title 23, United States Code,
8 or apportioned by the Secretary under sections 202
9 or 204 of that title, by multiplying—
10 (A) the proportion determined under para-
11 graph (3); by
12 (B) the amounts authorized to be appro-
13 priated for each such program for such fiscal
14 year; and
15 (5) distribute the obligation limitation for Fed-
16 eral-aid highways, less the aggregate amounts not
17 distributed under paragraphs (1) and (2) and the
18 amounts distributed under paragraph (4), for Fed-
19 eral-aid highway and highway safety construction
20 programs that are apportioned by the Secretary
21 under title 23, United States Code (other than the
22 amounts apportioned for the national highway per-
23 formance program in section 119 of title 23, United
24 States Code, that are exempt from the limitation
25 under subsection (b)(12) and the amounts appor-
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1434
1 tioned under sections 202 and 204 of that title) in
2 the proportion that—
3 (A) amounts authorized to be appropriated
4 for the programs that are apportioned under
5 title 23, United States Code, to each State for
6 such fiscal year; bears to
7 (B) the total of the amounts authorized to
8 be appropriated for the programs that are ap-
9 portioned under title 23, United States Code, to
10 all States for such fiscal year.
11 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—
12 The obligation limitation for Federal-aid highways shall
13 not apply to obligations under or for—
14 (1) section 125 of title 23, United States Code;
15 (2) section 147 of the Surface Transportation
16 Assistance Act of 1978 (23 U.S.C. 144 note; 92
17 Stat. 2714);
18 (3) section 9 of the Federal-Aid Highway Act
19 of 1981 (95 Stat. 1701);
20 (4) subsections (b) and (j) of section 131 of the
21 Surface Transportation Assistance Act of 1982 (96
22 Stat. 2119);
23 (5) subsections (b) and (c) of section 149 of the
24 Surface Transportation and Uniform Relocation As-
25 sistance Act of 1987 (101 Stat. 198);
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1435
1 (6) sections 1103 through 1108 of the Inter-
2 modal Surface Transportation Efficiency Act of
3 1991 (105 Stat. 2027);
4 (7) section 157 of title 23, United States Code
5 (as in effect on June 8, 1998);
6 (8) section 105 of title 23, United States Code
7 (as in effect for fiscal years 1998 through 2004, but
8 only in an amount equal to $639,000,000 for each
9 of those fiscal years);
10 (9) Federal-aid highway programs for which ob-
11 ligation authority was made available under the
12 Transportation Equity Act for the 21st Century
13 (112 Stat. 107) or subsequent Acts for multiple
14 years or to remain available until expended, but only
15 to the extent that the obligation authority has not
16 lapsed or been used;
17 (10) section 105 of title 23, United States Code
18 (but, for each of fiscal years 2005 through 2012,
19 only in an amount equal to $639,000,000 for each
20 of those fiscal years);
21 (11) section 1603 of SAFETEA–LU (23
22 U.S.C. 118 note; 119 Stat. 1248), to the extent that
23 funds obligated in accordance with that section were
24 not subject to a limitation on obligations at the time
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1436
1 at which the funds were initially made available for
2 obligation; and
3 (12) section 119 of title 23, United States Code
4 (but, for fiscal years 2013 and 2014, only in an
5 amount equal to $639,000,000 for each of those fis-
6 cal years).
7 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
8 THORITY.—Notwithstanding subsection (a), the Secretary
9 shall, after August 1 of such fiscal year—
10 (1) revise a distribution of the obligation limita-
11 tion made available under subsection (a) if an
12 amount distributed cannot be obligated during that
13 fiscal year; and
14 (2) redistribute sufficient amounts to those
15 States able to obligate amounts in addition to those
16 previously distributed during that fiscal year, giving
17 priority to those States having large unobligated bal-
18 ances of funds apportioned under sections 144 (as in
19 effect on the day before the date of enactment of the
20 Moving Ahead for Progress in the 21st Century Act)
21 and 104 of title 23, United States Code.
22 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO
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1437
1 highways shall apply to contract authority for trans-
2 portation research programs carried out under—
3 (A) chapter 5 of title 23, United States
4 Code; and
5 (B) division E of the Moving Ahead for
6 Progress in the 21st Century Act.
7 (2) EXCEPTION.—Obligation authority made
8 available under paragraph (1) shall—
9 (A) remain available for a period of 4 fis-
10 cal years; and
11 (B) be in addition to the amount of any
12 limitation imposed on obligations for Federal-
13 aid highway and highway safety construction
14 programs for future fiscal years.
15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED
16 FUNDS.—
17 (1) IN GENERAL.—Not later than 30 days after
18 the date of distribution of obligation limitation
19 under subsection (a), the Secretary shall distribute
20 to the States any funds (excluding funds authorized
21 for the program under section 202 of title 23,
22 United States Code) that—
23 (A) are authorized to be appropriated for
24 such fiscal year for Federal-aid highway pro-
25 grams; and
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1438
1 (B) the Secretary determines will not be
2 allocated to the States (or will not be appor-
3 tioned to the States under section 204 of title
4 23, United States Code), and will not be avail-
5 able for obligation, for such fiscal year because
6 of the imposition of any obligation limitation for
7 such fiscal year.
8 (2) RATIO.—Funds shall be distributed under
9 paragraph (1) in the same proportion as the dis-
10 tribution of obligation authority under subsection
11 (a)(5).
12 (3) AVAILABILITY.—Funds distributed to each
13 State under paragraph (1) shall be available for any
14 purpose described in section 133(b) of title 23,
15 United States Code.
16 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
17 ceived by the Bureau of Transportation Statistics from the
18 sale of data products, for necessary expenses incurred pur-
19 suant to chapter 63 of title 49, United States Code, may
20 be credited to the Federal-aid Highways account for the
21 purpose of reimbursing the Bureau for such expenses:
22 Provided, That such funds shall be subject to the obliga-
23 tion limitation for Federal-aid Highways and highway
24 safety construction programs.
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1439
1 SEC. 122. Not less than 15 days prior to waiving,
2 under his statutory authority, any Buy America require-
3 ment for Federal-aid highway projects, the Secretary of
4 Transportation shall make an informal public notice and
5 comment opportunity on the intent to issue such waiver
6 and the reasons therefor: Provided, That the Secretary
7 shall provide an annual report to the House and Senate
8 Committees on Appropriations on any waivers granted
9 under the Buy America requirements.
10 SEC. 123. (a) IN GENERAL.—Except as provided in
11 subsection (b), none of the funds made available, limited,
12 or otherwise affected by this Act shall be used to approve
13 or otherwise authorize the imposition of any toll on any
14 segment of highway located on the Federal-aid system in
15 the State of Texas that—
16 (1) as of the date of enactment of this Act, is
17 not tolled;
18 (2) is constructed with Federal assistance pro-
19 vided under title 23, United States Code; and
20 (3) is in actual operation as of the date of en-
21 actment of this Act.
22 (b) EXCEPTIONS.—
23 (1) NUMBER OF TOLL LANES.—Subsection (a)
24 shall not apply to any segment of highway on the
25 Federal-aid system described in that subsection that,
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1440
1 as of the date on which a toll is imposed on the seg-
2 ment, will have the same number of nontoll lanes as
3 were in existence prior to that date.
4 (2) HIGH-OCCUPANCY VEHICLE LANES.—A
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1441
1 assistance unless not less than 3 days before any applica-
2 tion approval to provide credit assistance under sections
3 603 and 604 of title 23, United States Code, the Secretary
4 of Transportation provides notification in writing to the
5 following committees: the House and Senate Committees
6 on Appropriations; the Committee on Environment and
7 Public Works and the Committee on Banking, Housing
8 and Urban Affairs of the Senate; and the Committee on
9 Transportation and Infrastructure of the House of Rep-
10 resentatives: Provided, That such notification shall in-
11 clude, but not be limited to, the name of the project spon-
12 sor; a description of the project; whether credit assistance
13 will be provided as a direct loan, loan guarantee, or line
14 of credit; and the amount of credit assistance.
15 SEC. 125. Section 149(m) of title 23, United States
16 Code, is amended by striking ‘‘that was previously eligible
17 under this section’’ and replacing with ‘‘for which CMAQ
18 funding was made available, obligated or expended in fis-
19 cal year 2012, and shall have no imposed time limitation’’.
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1442
1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
4 (LIMITATION ON OBLIGATIONS)
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1443
1 which $34,545,000, to remain available for obligation until
2 September 30, 2016, is for information management: Pro-
3 vided further, That the Federal Motor Carrier Safety Ad-
4 ministration shall transmit to Congress a report by March
5 28, 2014, on the agency’s ability to meet its requirement
6 to conduct compliance reviews on mandatory carriers.
7 NATIONAL MOTOR CARRIER SAFETY
8 (LIMITATION ON OBLIGATIONS)
19 (LIMITATION ON OBLIGATIONS)
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1444
1 Highway Trust Fund (other than the Mass Transit Ac-
2 count) and to remain available until expended: Provided,
3 That funds available for the implementation or execution
4 of motor carrier safety programs shall not exceed total ob-
5 ligations of $313,000,000 in fiscal year 2014 for ‘‘Motor
6 Carrier Safety Grants’’; of which $218,000,000 shall be
7 available for the motor carrier safety assistance program,
8 $30,000,000 shall be available for the commercial driver’s
9 license improvements program, $32,000,000 shall be avail-
10 able for border enforcement grants, $5,000,000 shall be
11 available for the performance and registration information
12 system management program, $25,000,000 shall be avail-
13 able for the commercial vehicle information systems and
14 networks deployment program, and $3,000,000 shall be
15 available for the safety data improvement program: Pro-
16 vided further, That, of the funds made available herein for
17 the motor carrier safety assistance program, $32,000,000
18 shall be available for audits of new entrant motor carriers.
19 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER
20 SAFETY ADMINISTRATION
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1445
1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
2 OPERATIONS AND RESEARCH
11 (LIMITATION ON OBLIGATIONS)
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1446
1 for operations and research, $20,000,000 shall remain
2 available until September 30, 2015, and shall be in addi-
3 tion to the amount of any limitation imposed on obliga-
4 tions for future years: Provided further, That $5,000,000
5 of the total obligation limitation for operations and re-
6 search in fiscal year 2014 shall be applied toward unobli-
7 gated balances of contract authority provided in prior Acts
8 for carrying out the provisions of 23 U.S.C. 403, and
9 chapter 303 of title 49, United States Code.
10 HIGHWAY TRAFFIC SAFETY GRANTS
12 (LIMITATION ON OBLIGATIONS)
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1447
1 31101(a)(6) of Public Law 112–141, of which
2 $235,000,000 shall be for ‘‘Highway Safety Programs’’
3 under 23 U.S.C. 402; $272,000,000 shall be for ‘‘National
4 Priority Safety Programs’’ under 23 U.S.C. 405;
5 $29,000,000 shall be for ‘‘High Visibility Enforcement
6 Program’’ under section 2009 of Public Law 109–59, as
7 amended by Public Law 112–141; $25,500,000 shall be
8 for ‘‘Administrative Expenses’’ under section 31101(a)(6)
9 of Public Law 112–141: Provided further, That none of
10 these funds shall be used for construction, rehabilitation,
11 or remodeling costs, or for office furnishings and fixtures
12 for State, local or private buildings or structures: Provided
13 further, That not to exceed $500,000 of the funds made
14 available for ‘‘National Priority Safety Programs’’ under
15 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’
16 (as described in subsection (d) of that section) shall be
17 available for technical assistance to the States: Provided
18 further, That with respect to the ‘‘Transfers’’ provision
19 under 23 U.S.C. 405(a)(1)(G), any amounts transferred
20 to increase the amounts made available under section 402
21 shall include the obligation authority for such amounts:
22 Provided further, That the Administrator shall notify the
23 House and Senate Committees on Appropriations of any
24 exercise of the authority granted under the previous pro-
25 viso or under 23 U.S.C. 405(a)(1)(G) within 60 days.
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1448
1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY
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1449
1 RAILROAD RESEARCH AND DEVELOPMENT
6 FINANCING PROGRAM
18 PASSENGER CORPORATION
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1450
1 432), $340,000,000, to remain available until expended:
2 Provided, That the amounts available under this para-
3 graph shall be available for the Secretary to approve fund-
4 ing to cover operating losses for the Corporation only after
5 receiving and reviewing a grant request for each specific
6 train route: Provided further, That each such grant re-
7 quest shall be accompanied by a detailed financial anal-
8 ysis, revenue projection, and capital expenditure projection
9 justifying the Federal support to the Secretary’s satisfac-
10 tion: Provided further, That not later than 60 days after
11 enactment of this Act, the Corporation shall transmit, in
12 electronic format, to the Secretary and the House and
13 Senate Committees on Appropriations the annual budget,
14 business plan, the 5-Year Financial Plan for fiscal year
15 2014 required under section 204 of the Passenger Rail
16 Investment and Improvement Act of 2008 and the com-
17 prehensive fleet plan for all Amtrak rolling stock: Provided
18 further, That the budget, business plan and the 5-Year
19 Financial Plan shall include annual information on the
20 maintenance, refurbishment, replacement, and expansion
21 for all Amtrak rolling stock consistent with the com-
22 prehensive fleet plan: Provided further, That the Corpora-
23 tion shall provide monthly performance reports in an elec-
24 tronic format which shall describe the work completed to
25 date, any changes to the business plan, and the reasons
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1451
1 for such changes as well as progress against the milestones
2 and target dates of the 2012 performance improvement
3 plan: Provided further, That the Corporation’s budget,
4 business plan, 5-Year Financial Plan, semiannual reports,
5 monthly reports, comprehensive fleet plan and all supple-
6 mental reports or plans comply with requirements in Pub-
7 lic Law 112–55: Provided further, That none of the funds
8 provided in this Act may be used to support any route
9 on which Amtrak offers a discounted fare of more than
10 50 percent off the normal peak fare: Provided further,
11 That the preceding proviso does not apply to routes where
12 the operating loss as a result of the discount is covered
13 by a State and the State participates in the setting of
14 fares.
15 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL
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1452
1 this heading, not less than $50,000,000 shall be made
2 available to bring Amtrak-served facilities and stations
3 into compliance with the Americans with Disabilities Act:
4 Provided further, That after an initial distribution of up
5 to $200,000,000, which shall be used by the Corporation
6 as a working capital account, all remaining funds shall be
7 provided to the Corporation only on a reimbursable basis:
8 Provided further, That of the amounts made available
9 under this heading, up to $40,000,000 may be used by
10 the Secretary to subsidize operating losses of the Corpora-
11 tion should the funds provided under the heading ‘‘Oper-
12 ating Grants to the National Railroad Passenger Corpora-
13 tion’’ be insufficient to meet operational costs for fiscal
14 year 2014: Provided further, That the Secretary may re-
15 tain up to one-half of 1 percent of the funds provided
16 under this heading to fund the costs of project manage-
17 ment and oversight of activities authorized by subsections
18 101(a) and 101(c) of division B of Public Law 110–432:
19 Provided further, That the Secretary shall approve funding
20 for capital expenditures, including advance purchase or-
21 ders of materials, for the Corporation only after receiving
22 and reviewing a grant request for each specific capital
23 project justifying the Federal support to the Secretary’s
24 satisfaction: Provided further, That except as otherwise
25 provided herein, none of the funds under this heading may
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1453
1 be used to subsidize operating losses of the Corporation:
2 Provided further, That none of the funds under this head-
3 ing may be used for capital projects not approved by the
4 Secretary of Transportation or on the Corporation’s fiscal
5 year 2014 business plan: Provided further, That in addi-
6 tion to the project management oversight funds authorized
7 under section 101(d) of division B of Public Law 110–
8 432, the Secretary may retain up to an additional
9 $5,000,000 of the funds provided under this heading to
10 fund expenses associated with implementing section 212
11 of division B of Public Law 110–432, including the
12 amendments made by section 212 to section 24905 of title
13 49, United States Code.
14 NEXT GENERATION HIGH-SPEED RAIL
15 (RESCISSION)
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1454
1 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
2 (RESCISSION)
12 ADMINISTRATION
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1455
1 sources to repair damages to or replace United States
2 Government owned automated track inspection cars and
3 equipment as a result of third-party liability for such dam-
4 ages, and any amounts collected under this section shall
5 be credited directly to the Safety and Operations account
6 of the Federal Railroad Administration, and shall remain
7 available until expended for the repair, operation and
8 maintenance of automated track inspection cars and
9 equipment in connection with the automated track inspec-
10 tion program.
11 SEC. 152. Notwithstanding any other provision of
12 law, rule or regulation, the Secretary of Transportation
13 is authorized to allow the issuer of any preferred stock
14 heretofore sold to the Department to redeem or repur-
15 chase such stock upon the payment to the Department of
16 an amount to be determined by the Secretary.
17 SEC. 153. None of the funds provided to the National
18 Railroad Passenger Corporation may be used to fund any
19 overtime costs in excess of $35,000 for any individual em-
20 ployee: Provided, That the president of Amtrak may waive
21 the cap set in the previous proviso for specific employees
22 when the president of Amtrak determines such a cap poses
23 a risk to the safety and operational efficiency of the sys-
24 tem: Provided further, That Amtrak shall notify the House
25 and Senate Committees on Appropriations each quarter
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1456
1 of the calendar year on waivers granted to employees and
2 amounts paid above the cap for each month within such
3 quarter and delineate the reasons each waiver was grant-
4 ed: Provided further, That Amtrak shall provide to the
5 House and Senate Committees on Appropriations by
6 March 17, 2014, a summary of all overtime payments in-
7 curred by the Corporation for 2013 and the two prior cal-
8 endar years: Provided further, That such summary shall
9 include the total number of employees that received waiv-
10 ers and the total overtime payments the Corporation paid
11 to those employees receiving waivers for each month for
12 2013 and for the two prior calendar years.
13 SEC. 154. Of the funds made available under Public
14 Law 113–2 under the heading ‘‘Federal Railroad Adminis-
15 tration, Grants to the National Railroad Passenger Cor-
16 poration’’, the second proviso is amended by deleting ‘‘or
17 any other Act’’.
18 FEDERAL TRANSIT ADMINISTRATION
19 ADMINISTRATIVE EXPENSES
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1457
1 of 49 U.S.C. 5326: Provided, That none of the funds pro-
2 vided or limited in this Act may be used to create a perma-
3 nent office of transit security under this heading: Provided
4 further, That upon submission to the Congress of the fiscal
5 year 2015 President’s budget, the Secretary of Transpor-
6 tation shall transmit to Congress the annual report on
7 New Starts, including proposed allocations for fiscal year
8 2015.
9 TRANSIT FORMULA GRANTS
11 (LIMITATION ON OBLIGATIONS)
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1458
1 141, and section 20005(b) of Public Law 112–141, shall
2 not exceed total obligations of $8,595,000,000 in fiscal
3 year 2014.
4 TRANSIT RESEARCH
21 TRANSIT AUTHORITY
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1459
1 shall approve grants for capital and preventive mainte-
2 nance expenditures for the Washington Metropolitan Area
3 Transit Authority only after receiving and reviewing a re-
4 quest for each specific project: Provided further, That
5 prior to approving such grants, the Secretary shall deter-
6 mine that the Washington Metropolitan Area Transit Au-
7 thority has placed the highest priority on those invest-
8 ments that will improve the safety of the system: Provided
9 further, That the Secretary, in order to ensure safety
10 throughout the rail system, may waive the requirements
11 of section 601(e)(1) of title VI of Public Law 110–432
12 (112 Stat. 4968).
13 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT
14 ADMINISTRATION
15 (INCLUDING RESCISSIONS)
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1460
1 gated by September 30, 2018, and other recoveries, shall
2 be directed to projects eligible to use the funds for the
3 purposes for which they were originally provided.
4 SEC. 162. Notwithstanding any other provision of
5 law, any funds appropriated before October 1, 2013, under
6 any section of chapter 53 of title 49, United States Code,
7 that remain available for expenditure, may be transferred
8 to and administered under the most recent appropriation
9 heading for any such section.
10 SEC. 163. The Secretary may not enforce regulations
11 related to charter bus service under part 604 of title 49,
12 Code of Federal Regulations, for any transit agency who
13 during fiscal year 2008 was both initially granted a 60-
14 day period to come into compliance with part 604, and
15 then was subsequently granted an exception from said
16 part.
17 SEC. 164. For purposes of applying the project jus-
18 tification and local financial commitment criteria of 49
19 U.S.C. 5309(d) to a New Starts project, the Secretary
20 may consider the costs and ridership of any connected
21 project in an instance in which private parties are making
22 significant financial contributions to the construction of
23 the connected project; additionally, the Secretary may con-
24 sider the significant financial contributions of private par-
25 ties to the connected project in calculating the non-Federal
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1461
1 share of net capital project costs for the New Starts
2 project.
3 SEC. 165. Notwithstanding any other provision of
4 law, none of the funds made available in this Act shall
5 be used to enter into a full funding grant agreement for
6 a project with a New Starts share greater than 60 percent.
7 SEC. 166. None of the funds in this Act may be avail-
8 able to advance in any way a new fixed guideway capital
9 project towards a full funding grant agreement as defined
10 by 49 U.S.C. 5309 for the Metropolitan Transit Authority
11 of Harris County, Texas if the proposed capital project
12 is constructed on or planned to be constructed on Rich-
13 mond Avenue west of South Shepherd Drive or on Post
14 Oak Boulevard north of Richmond Avenue in Houston,
15 Texas.
16 SEC. 167. Unobligated and recovered fiscal year 2010
17 through 2012 funds that were made available to carry out
18 49 U.S.C. 5339 shall be available to carry out 49 U.S.C.
19 5309, as amended by Public Law 112–141, subject to the
20 terms and conditions required under such section.
21 SEC. 168. New bus rapid transit projects rec-
22 ommended in the President’s budget submission to the
23 Congress of the United States for funds appropriated
24 under the heading ‘‘CAPITAL INVESTMENT GRANTS’’ in
25 this Act shall be funded from $93,269,369 in unobligated
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1462
1 amounts that were made available to carry out the discre-
2 tionary bus and bus facilities program under 49 U.S.C.
3 5309 in fiscal years 1999 through 2010: Provided, That
4 all such projects shall remain subject to the Capital In-
5 vestment Grants Program requirements of 49 U.S.C.
6 5309 for New Starts, Small Starts, or Core Capacity
7 projects as applicable.
8 SEC. 169. Of the funds made available for the For-
9 mula Grants program, as authorized by Public Law 97–
10 424, as amended, $63,465,775 are hereby permanently re-
11 scinded: Provided, That of the funds made available for
12 the Formula Grants program, as authorized by Public
13 Law 91–453, as amended, $795,307 are hereby perma-
14 nently rescinded: Provided further, That of the funds made
15 available for the Formula Grants program as authorized
16 by Public Law 95–599, as amended, $928,838 are hereby
17 permanently rescinded: Provided further, That of the
18 funds made available for the University Transportation
19 Research program, as authorized by Public Law 91–453,
20 as amended, and by Public Law 102–240, as amended,
21 $595,619 are hereby permanently rescinded: Provided fur-
22 ther, That of the funds made available for the Job Access
23 and Reverse Commute program, as authorized by Public
24 Law 105–178, as amended, $15,704,469 are hereby per-
25 manently rescinded: Provided further, That of the funds
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1463
1 made available for the Capital Investment Grants pro-
2 gram, as authorized by Public Law 105–178, as amended,
3 $11,429,055 are hereby permanently rescinded: Provided
4 further, That of the funds made available for the Research,
5 Training, and Human Resources program, as authorized
6 by Public Law 95–599, as amended, $419,474 are hereby
7 permanently rescinded: Provided further, That of the
8 funds made available for the Interstate Transfer Grants
9 program, as authorized by 23 U.S.C. 103(e)(4),
10 $2,687,207 are hereby permanently rescinded: Provided
11 further, That of the funds made available for the Wash-
12 ington Metropolitan Area Transit Authority, as authorized
13 by section 14 of Public Law 96–184, as amended, and
14 by Public Law 101–551, as amended, $523,107 are here-
15 by permanently rescinded: Provided further, That of the
16 funds made available for the Urban Discretionary Grants
17 program, as authorized by Public Law 88–365, as amend-
18 ed, $679,314 are hereby permanently rescinded: Provided
19 further, That no amounts may be rescinded from amounts
20 that were designated by the Congress as an emergency re-
21 quirement pursuant to a concurrent resolution on the
22 budget or the Balanced Budget and Emergency Deficit
23 Control Act of 1985, as amended.
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1464
1 SAINT LAWRENCE SEAWAY DEVELOPMENT
2 CORPORATION
3 The Saint Lawrence Seaway Development Corpora-
4 tion is hereby authorized to make such expenditures, with-
5 in the limits of funds and borrowing authority available
6 to the Corporation, and in accord with law, and to make
7 such contracts and commitments without regard to fiscal
8 year limitations as provided by section 104 of the Govern-
9 ment Corporation Control Act, as amended, as may be
10 necessary in carrying out the programs set forth in the
11 Corporation’s budget for the current fiscal year.
12 OPERATIONS AND MAINTENANCE
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1465
1 MARITIME ADMINISTRATION
2 MARITIME SECURITY PROGRAM
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1466
1 the United States Merchant Marine Academy, and the Ad-
2 ministrator of the Maritime Administration shall hold all
3 allotments made by the Secretary of Transportation or the
4 Assistant Secretary for Budget and Programs under the
5 previous proviso: Provided further, That 50 percent of the
6 funding made available for the United States Merchant
7 Marine Academy under this heading shall be available only
8 after the Secretary, in consultation with the Super-
9 intendent and the Maritime Administrator, completes a
10 plan detailing by program or activity how such funding
11 will be expended at the Academy, and this plan is sub-
12 mitted to the House and Senate Committees on Appro-
13 priations: Provided further, That the Administrator shall
14 submit a report to the House and Senate Committees on
15 Appropriations within 90 days of the date of enactment
16 of this Act detailing the current and future impacts of re-
17 ductions in government impelled cargo on the U.S. Mer-
18 chant Marine as a result of changes to cargo preference
19 requirements included in the Bipartisan Budget Act of
20 2013, the Moving Ahead for Progress in the 21st Century
21 Act (MAP–21), the historical reductions in the P.L. 480
22 title II Food for Peace program, and the winding down
23 of the wars in Iraq and Afghanistan: Provided further,
24 That the Secretary of Transportation and the Adminis-
25 trator, in collaboration with the Department of Defense,
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1467
1 shall further develop a national sealift strategy that en-
2 sures the long-term viability of the U.S. Merchant Marine.
3 SHIP DISPOSAL
9 ACCOUNT
22 ADMINISTRATION
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1468
1 connection with any lease, contract, or occupancy involving
2 Government property under control of the Maritime Ad-
3 ministration, and payments received therefor shall be cred-
4 ited to the appropriation charged with the cost thereof:
5 Provided, That rental payments under any such lease, con-
6 tract, or occupancy for items other than such utilities,
7 services, or repairs shall be covered into the Treasury as
8 miscellaneous receipts.
9 SEC. 171. None of the funds available or appro-
10 priated in this Act shall be used by the United States De-
11 partment of Transportation or the United States Maritime
12 Administration to negotiate or otherwise execute, enter
13 into, facilitate or perform fee-for-service contracts for ves-
14 sel disposal, scrapping or recycling, unless there is no
15 qualified domestic ship recycler that will pay any sum of
16 money to purchase and scrap or recycle a vessel owned,
17 operated or managed by the Maritime Administration or
18 that is part of the National Defense Reserve Fleet. Such
19 sales offers must be consistent with the solicitation and
20 provide that the work will be performed in a timely man-
21 ner at a facility qualified within the meaning of section
22 3502 of Public Law 106–398. Nothing contained herein
23 shall affect the Maritime Administration’s authority to
24 award contracts at least cost to the Federal Government
25 and consistent with the requirements of 16 U.S.C.
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1469
1 5405(c), section 3502, or otherwise authorized under the
2 Federal Acquisition Regulation.
3 PIPELINE AND HAZARDOUS MATERIALS SAFETY
4 ADMINISTRATION
5 OPERATIONAL EXPENSES
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1470
1 vate sources for expenses incurred for training, for reports
2 publication and dissemination, and for travel expenses in-
3 curred in performance of hazardous materials exemptions
4 and approvals functions.
5 PIPELINE SAFETY
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1471
1 EMERGENCY PREPAREDNESS GRANTS
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1472
1 title 49, United States Code: (1) unfair or deceptive prac-
2 tices and unfair methods of competition by domestic and
3 foreign air carriers and ticket agents; and (2) the compli-
4 ance of domestic and foreign air carriers with respect to
5 item (1) of this proviso: Provided further, That: (1) the
6 Inspector General shall have the authority to audit and
7 investigate the Metropolitan Washington Airports Author-
8 ity (MWAA); (2) in carrying out these audits and inves-
9 tigations the Inspector General shall have all the authori-
10 ties described under section 6 of the Inspector General Act
11 (5 U.S.C. App.); (3) MWAA Board Members, employees,
12 contractors, and subcontractors shall cooperate and com-
13 ply with requests from the Inspector General, including
14 providing testimony and other information; (4) The In-
15 spector General shall be permitted to observe closed execu-
16 tive sessions of the MWAA Board of Directors; (5) MWAA
17 shall pay the expenses of the Inspector General, including
18 staff salaries and benefits and associated operating costs,
19 which shall be credited to this appropriation and remain
20 available until expended; and (6) if MWAA fails to make
21 funds available to the Inspector General within 30 days
22 after a request for such funds is received, then the Inspec-
23 tor General shall notify the Secretary of Transportation,
24 who shall not approve a grant for MWAA under section
25 47107(b) of title 49, United States Code, until such fund-
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1473
1 ing is made available for the Inspector General: Provided
2 further, That hereafter funds transferred to the Office of
3 the Inspector General through forfeiture proceedings or
4 from the Department of Justice Assets Forfeiture Fund
5 or the Department of the Treasury Forfeiture Fund, as
6 a participating agency, as an equitable share from the for-
7 feiture of property in investigations in which the Office
8 of Inspector General participates, or through the granting
9 of a Petition for Remission or Mitigation, shall be depos-
10 ited to the credit of this account for law enforcement ac-
11 tivities authorized under the Inspector General Act of
12 1978, as amended, to remain available until expended.
13 SURFACE TRANSPORTATION BOARD
14 SALARIES AND EXPENSES
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1474
1 a final appropriation from the general fund estimated at
2 no more than $29,750,000.
3 GENERAL PROVISIONS—DEPARTMENT OF
4 TRANSPORTATION
5 SEC. 180. During the current fiscal year, applicable
6 appropriations to the Department of Transportation shall
7 be available for maintenance and operation of aircraft;
8 hire of passenger motor vehicles and aircraft; purchase of
9 liability insurance for motor vehicles operating in foreign
10 countries on official department business; and uniforms or
11 allowances therefor, as authorized by law (5 U.S.C. 5901–
12 5902).
13 SEC. 181. Appropriations contained in this Act for
14 the Department of Transportation shall be available for
15 services as authorized by 5 U.S.C. 3109, but at rates for
16 individuals not to exceed the per diem rate equivalent to
17 the rate for an Executive Level IV.
18 SEC. 182. None of the funds in this Act shall be avail-
19 able for salaries and expenses of more than 110 political
20 and Presidential appointees in the Department of Trans-
21 portation: Provided, That none of the personnel covered
22 by this provision may be assigned on temporary detail out-
23 side the Department of Transportation.
24 SEC. 183. (a) No recipient of funds made available
25 in this Act shall disseminate personal information (as de-
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1475
1 fined in 18 U.S.C. 2725(3)) obtained by a State depart-
2 ment of motor vehicles in connection with a motor vehicle
3 record as defined in 18 U.S.C. 2725(1), except as provided
4 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C.
5 2721.
6 (b) Notwithstanding subsection (a), the Secretary
7 shall not withhold funds provided in this Act for any
8 grantee if a State is in noncompliance with this provision.
9 SEC. 184. Funds received by the Federal Highway
10 Administration, Federal Transit Administration, and Fed-
11 eral Railroad Administration from States, counties, mu-
12 nicipalities, other public authorities, and private sources
13 for expenses incurred for training may be credited respec-
14 tively to the Federal Highway Administration’s ‘‘Federal-
15 Aid Highways’’ account, the Federal Transit Administra-
16 tion’s ‘‘Technical Assistance and Training’’ account, and
17 to the Federal Railroad Administration’s ‘‘Safety and Op-
18 erations’’ account, except for State rail safety inspectors
19 participating in training pursuant to 49 U.S.C. 20105.
20 SEC. 185. None of the funds in this Act to the De-
21 partment of Transportation may be used to make a grant
22 unless the Secretary of Transportation notifies the House
23 and Senate Committees on Appropriations not less than
24 3 full business days before any project competitively se-
25 lected to receive a discretionary grant award, any discre-
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1476
1 tionary grant award, letter of intent, or full funding grant
2 agreement is announced by the department or its modal
3 administrations from:
4 (1) any discretionary grant program of the Fed-
5 eral Highway Administration including the emer-
6 gency relief program;
7 (2) the airport improvement program of the
8 Federal Aviation Administration;
9 (3) any program of the Federal Railroad Ad-
10 ministration;
11 (4) any program of the Federal Transit Admin-
12 istration other than the formula grants and fixed
13 guideway modernization programs;
14 (5) any program of the Maritime Administra-
15 tion; or
16 (6) any funding provided under the headings
17 ‘‘National Infrastructure Investments’’ in this Act:
18 Provided, That the Secretary gives concurrent notifi-
19 cation to the House and Senate Committees on Ap-
20 propriations for any ‘‘quick release’’ of funds from
21 the emergency relief program: Provided further, That
22 no notification shall involve funds that are not avail-
23 able for obligation.
24 SEC. 186. Rebates, refunds, incentive payments,
25 minor fees and other funds received by the Department
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1477
1 of Transportation from travel management centers,
2 charge card programs, the subleasing of building space,
3 and miscellaneous sources are to be credited to appropria-
4 tions of the Department of Transportation and allocated
5 to elements of the Department of Transportation using
6 fair and equitable criteria and such funds shall be avail-
7 able until expended.
8 SEC. 187. Amounts made available in this or any
9 other Act that the Secretary determines represent im-
10 proper payments by the Department of Transportation to
11 a third-party contractor under a financial assistance
12 award, which are recovered pursuant to law, shall be avail-
13 able—
14 (1) to reimburse the actual expenses incurred
15 by the Department of Transportation in recovering
16 improper payments; and
17 (2) to pay contractors for services provided in
18 recovering improper payments or contractor support
19 in the implementation of the Improper Payments In-
20 formation Act of 2002: Provided, That amounts in
21 excess of that required for paragraphs (1) and (2)—
22 (A) shall be credited to and merged with
23 the appropriation from which the improper pay-
24 ments were made, and shall be available for the
25 purposes and period for which such appropria-
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1478
1 tions are available: Provided further, That
2 where specific project or accounting information
3 associated with the improper payment or pay-
4 ments is not readily available, the Secretary
5 may credit an appropriate account, which shall
6 be available for the purposes and period associ-
7 ated with the account so credited; or
8 (B) if no such appropriation remains avail-
9 able, shall be deposited in the Treasury as mis-
10 cellaneous receipts: Provided further, That prior
11 to the transfer of any such recovery to an ap-
12 propriations account, the Secretary shall notify
13 the House and Senate Committees on Appro-
14 priations of the amount and reasons for such
15 transfer: Provided further, That for purposes of
16 this section, the term ‘‘improper payments’’ has
17 the same meaning as that provided in section
18 2(d)(2) of Public Law 107–300.
19 SEC. 188. Notwithstanding any other provision of
20 law, if any funds provided in or limited by this Act are
21 subject to a reprogramming action that requires notice to
22 be provided to the House and Senate Committees on Ap-
23 propriations, transmission of said reprogramming notice
24 shall be provided solely to the Committees on Appropria-
25 tions, and said reprogramming action shall be approved
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1479
1 or denied solely by the Committees on Appropriations:
2 Provided, That the Secretary may provide notice to other
3 congressional committees of the action of the Committees
4 on Appropriations on such reprogramming but not sooner
5 than 30 days following the date on which the reprogram-
6 ming action has been approved or denied by the House
7 and Senate Committees on Appropriations.
8 SEC. 189. None of the funds appropriated or other-
9 wise made available under this Act may be used by the
10 Surface Transportation Board of the Department of
11 Transportation to charge or collect any filing fee for rate
12 or practice complaints filed with the Board in an amount
13 in excess of the amount authorized for district court civil
14 suit filing fees under section 1914 of title 28, United
15 States Code.
16 SEC. 190. Funds appropriated in this Act to the
17 modal administrations may be obligated for the Office of
18 the Secretary for the costs related to assessments or reim-
19 bursable agreements only when such amounts are for the
20 costs of goods and services that are purchased to provide
21 a direct benefit to the applicable modal administration or
22 administrations.
23 SEC. 191. The Secretary of Transportation is author-
24 ized to carry out a program that establishes uniform
25 standards for developing and supporting agency transit
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1480
1 pass and transit benefits authorized under section 7905
2 of title 5, United States Code, including distribution of
3 transit benefits by various paper and electronic media.
4 SEC. 192. The unobligated balances of funds made
5 available for section 1307(d)(1) of Public Law 109–59,
6 as amended (23 U.S.C. 322 note; 119 Stat. 1217; 122
7 Stat. 1577), shall be made available to the Secretary of
8 Transportation to make grants for projects as defined in
9 section 24401(2)(A) of title 49, United States Code and
10 to carry out sections 20158 and 26101(b) of title 49,
11 United States Code: Provided, That the Secretary shall
12 make available no less than $20,000,000 for corridor plan-
13 ning improvement grants as described in section 26101(b)
14 of title 49, United States Code: Provided further, That
15 such corridor planning improvement grants shall be avail-
16 able for passenger rail corridors that have not completed
17 a tier 1 environmental impact statement within the last
18 10 years: Provided further, That the Secretary may retain
19 a portion of the funds made available for planning activi-
20 ties to facilitate the preparation of a service development
21 plan and related environmental impact statement for rail
22 corridors located in multiple States.
23 This title may be cited as the ‘‘Department of Trans-
24 portation Appropriations Act, 2014’’.
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1481
1 TITLE II
2 DEPARTMENT OF HOUSING AND URBAN
3 DEVELOPMENT
4 MANAGEMENT AND ADMINISTRATION
5 EXECUTIVE OFFICES
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1482
1 Human Capital Officer; not to exceed $53,000,000 shall
2 be available for the Office of Field Policy and Manage-
3 ment; not to exceed $16,500,000 shall be available for the
4 Office of the Chief Procurement Officer; not to exceed
5 $3,200,000 shall be available for the Office of Depart-
6 mental Equal Employment Opportunity; not to exceed
7 $4,300,000 shall be available for the Office of Strategic
8 Planning and Management; and not to exceed
9 $36,000,000 shall be available for the Office of the Chief
10 Information Officer: Provided further, That funds pro-
11 vided under this heading may be used for necessary ad-
12 ministrative and non-administrative expenses of the De-
13 partment of Housing and Urban Development, not other-
14 wise provided for, including purchase of uniforms, or al-
15 lowances therefore, as authorized by U.S.C. 5901–5902;
16 hire of passenger motor vehicles; and services as author-
17 ized by 5 U.S.C. 3109: Provided further, That notwith-
18 standing any other provision of law, funds appropriated
19 under this heading may be used for advertising and pro-
20 motional activities that support the housing mission area:
21 Provided further, That the Secretary shall provide the
22 Committees on Appropriations quarterly written notifica-
23 tion regarding the status of pending congressional reports:
24 Provided further, That the Secretary shall provide all
25 signed reports required by Congress electronically.
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1483
1 PROGRAM OFFICE SALARIES AND EXPENSES
2 PUBLIC AND INDIAN HOUSING
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1484
1 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY
2 HOMES
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1485
1 any other provision of law, from amounts provided
2 under this paragraph and any carryover, the Sec-
3 retary for the calendar year 2014 funding cycle shall
4 provide renewal funding for each public housing
5 agency based on validated voucher management sys-
6 tem (VMS) leasing and cost data for the prior cal-
7 endar year and by applying an inflation factor as es-
8 tablished by the Secretary, by notice published in
9 the Federal Register, and by making any necessary
10 adjustments for the costs associated with the first-
11 time renewal of vouchers under this paragraph in-
12 cluding tenant protection and HOPE VI vouchers:
13 Provided further, That in determining calendar year
14 2014 funding allocations under this heading for pub-
15 lic housing agencies, including agencies participating
16 in the Moving To Work (MTW) demonstration, the
17 Secretary may take into account the anticipated im-
18 pact of changes in targeting and utility allowances,
19 on public housing agencies’ contract renewal needs:
20 Provided further, That none of the funds provided
21 under this paragraph may be used to fund a total
22 number of unit months under lease which exceeds a
23 public housing agency’s authorized level of units
24 under contract, except for public housing agencies
25 participating in the Moving to Work (MTW) dem-
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1486
1 onstration, which are instead governed by the terms
2 and conditions of their MTW agreements: Provided
3 further, That the Secretary shall, to the extent nec-
4 essary to stay within the amount specified under this
5 paragraph (except as otherwise modified under this
6 paragraph), pro rate each public housing agency’s
7 allocation otherwise established pursuant to this
8 paragraph: Provided further, That except as provided
9 in the following provisos, the entire amount specified
10 under this paragraph (except as otherwise modified
11 under this paragraph) shall be obligated to the pub-
12 lic housing agencies based on the allocation and pro
13 rata method described above, and the Secretary shall
14 notify public housing agencies of their annual budget
15 by the latter of 60 days after enactment of this Act
16 or March 1, 2014: Provided further, That the Sec-
17 retary may extend the notification period with the
18 prior written approval of the House and Senate
19 Committees on Appropriations: Provided further,
20 That public housing agencies participating in the
21 MTW demonstration shall be funded pursuant to
22 their MTW agreements and shall be subject to the
23 same pro rata adjustments under the previous pro-
24 visos: Provided further, That the Secretary may off-
25 set public housing agencies’ calendar year 2014 allo-
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1487
1 cations based on the excess amounts of public hous-
2 ing agencies’ net restricted assets accounts, includ-
3 ing HUD held programmatic reserves (in accordance
4 with VMS data in calendar year 2013 that is
5 verifiable and complete), as determined by the Sec-
6 retary: Provided further, That the Secretary shall
7 use any offset referred to in the previous proviso
8 throughout the calendar year to prevent the termi-
9 nation of rental assistance for families as the result
10 of insufficient funding, as determined by the Sec-
11 retary, and to avoid or reduce the proration of re-
12 newal funding allocations: Provided further, That up
13 to $75,000,000 shall be available only: (1) for ad-
14 justments in the allocations for public housing agen-
15 cies, after application for an adjustment by a public
16 housing agency that experienced a significant in-
17 crease, as determined by the Secretary, in renewal
18 costs of vouchers resulting from unforeseen cir-
19 cumstances or from portability under section 8(r) of
20 the Act; (2) for vouchers that were not in use during
21 the 12-month period in order to be available to meet
22 a commitment pursuant to section 8(o)(13) of the
23 Act; (3) for adjustments for costs associated with
24 HUD-Veterans Affairs Supportive Housing (HUD–
25 VASH) vouchers; and (4) for public housing agen-
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1488
1 cies that despite taking reasonable cost savings
2 measures, as determined by the Secretary, would
3 otherwise be required to terminate rental assistance
4 for families as a result of insufficient funding: Pro-
5 vided further, That the Secretary shall allocate
6 amounts under the previous proviso based on need,
7 as determined by the Secretary;
8 (2) $130,000,000 shall be for section 8 rental
9 assistance for relocation and replacement of housing
10 units that are demolished or disposed of pursuant to
11 section 18 of the Act, conversion of section 23
12 projects to assistance under section 8, the family
13 unification program under section 8(x) of the Act,
14 relocation of witnesses in connection with efforts to
15 combat crime in public and assisted housing pursu-
16 ant to a request from a law enforcement or prosecu-
17 tion agency, enhanced vouchers under any provision
18 of law authorizing such assistance under section 8(t)
19 of the Act, HOPE VI and Choice Neighborhood
20 vouchers, mandatory and voluntary conversions, and
21 tenant protection assistance including replacement
22 and relocation assistance or for project-based assist-
23 ance to prevent the displacement of unassisted elder-
24 ly tenants currently residing in section 202 prop-
25 erties financed between 1959 and 1974 that are refi-
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1489
1 nanced pursuant to Public Law 106–569, as amend-
2 ed, or under the authority as provided under this
3 Act: Provided, That when a public housing develop-
4 ment is submitted for demolition or disposition
5 under section 18 of the Act, the Secretary may pro-
6 vide section 8 rental assistance when the units pose
7 an imminent health and safety risk to residents:
8 Provided further, That the Secretary may only pro-
9 vide replacement vouchers for units that were occu-
10 pied within the previous 24 months that cease to be
11 available as assisted housing, subject only to the
12 availability of funds: Provided further, That of the
13 amounts made available under this paragraph,
14 $5,000,000 may be available to provide tenant pro-
15 tection assistance, not otherwise provided under this
16 paragraph, to residents residing in low vacancy
17 areas and who may have to pay rents greater than
18 30 percent of household income, as the result of (1)
19 the maturity of a HUD-insured, HUD-held or sec-
20 tion 202 loan that requires the permission of the
21 Secretary prior to loan prepayment; (2) the expira-
22 tion of a rental assistance contract for which the
23 tenants are not eligible for enhanced voucher or ten-
24 ant protection assistance under existing law; or (3)
25 the expiration of affordability restrictions accom-
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1490
1 panying a mortgage or preservation program admin-
2 istered by the Secretary: Provided further, That such
3 tenant protection assistance made available under
4 the previous proviso may be provided under the au-
5 thority of section 8(t) or section 8(o)(13) of the
6 United States Housing Act of 1937 (42 U.S.C.
7 1437f(t)): Provided further, That the Secretary shall
8 issue guidance to implement the previous provisos,
9 including, but not limited to, requirements for defin-
10 ing eligible at-risk households within 120 days of the
11 enactment of this Act;
12 (3) $1,500,000,000 shall be for administrative
13 and other expenses of public housing agencies in ad-
14 ministering the section 8 tenant-based rental assist-
15 ance program, of which up to $15,000,000 shall be
16 available to the Secretary to allocate to public hous-
17 ing agencies that need additional funds to admin-
18 ister their section 8 programs, including fees associ-
19 ated with section 8 tenant protection rental assist-
20 ance, the administration of disaster related vouchers,
21 Veterans Affairs Supportive Housing vouchers, and
22 other special purpose incremental vouchers: Pro-
23 vided, That no less than $1,485,000,000 of the
24 amount provided in this paragraph shall be allocated
25 to public housing agencies for the calendar year
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1491
1 2014 funding cycle based on section 8(q) of the Act
2 (and related Appropriation Act provisions) as in ef-
3 fect immediately before the enactment of the Quality
4 Housing and Work Responsibility Act of 1998 (Pub-
5 lic Law 105–276): Provided further, That if the
6 amounts made available under this paragraph are
7 insufficient to pay the amounts determined under
8 the previous proviso, the Secretary may decrease the
9 amounts allocated to agencies by a uniform percent-
10 age applicable to all agencies receiving funding
11 under this paragraph or may, to the extent nec-
12 essary to provide full payment of amounts deter-
13 mined under the previous proviso, utilize unobligated
14 balances, including recaptures and carryovers, re-
15 maining from funds appropriated to the Department
16 of Housing and Urban Development under this
17 heading from prior fiscal years, notwithstanding the
18 purposes for which such amounts were appropriated:
19 Provided further, That all public housing agencies
20 participating in the MTW demonstration shall be
21 funded pursuant to their MTW agreements, and
22 shall be subject to the same uniform percentage de-
23 crease as under the previous proviso: Provided fur-
24 ther, That amounts provided under this paragraph
25 shall be only for activities related to the provision of
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1492
1 tenant-based rental assistance authorized under sec-
2 tion 8, including related development activities;
3 (4) $106,691,000 for the renewal of tenant-
4 based assistance contracts under section 811 of the
5 Cranston-Gonzalez National Affordable Housing Act
6 (42 U.S.C. 8013), including necessary administra-
7 tive expenses: Provided, That administrative and
8 other expenses of public housing agencies in admin-
9 istering the special purpose vouchers in this para-
10 graph shall be funded under the same terms and be
11 subject to the same pro rata reduction as the per-
12 cent decrease for administrative and other expenses
13 to public housing agencies under paragraph (3) of
14 this heading;
15 (5) $75,000,000 for incremental rental voucher
16 assistance for use through a supported housing pro-
17 gram administered in conjunction with the Depart-
18 ment of Veterans Affairs as authorized under section
19 8(o)(19) of the United States Housing Act of 1937:
20 Provided, That the Secretary of Housing and Urban
21 Development shall make such funding available, not-
22 withstanding section 204 (competition provision) of
23 this title, to public housing agencies that partner
24 with eligible VA Medical Centers or other entities as
25 designated by the Secretary of the Department of
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1493
1 Veterans Affairs, based on geographical need for
2 such assistance as identified by the Secretary of the
3 Department of Veterans Affairs, public housing
4 agency administrative performance, and other fac-
5 tors as specified by the Secretary of Housing and
6 Urban Development in consultation with the Sec-
7 retary of the Department of Veterans Affairs: Pro-
8 vided further, That the Secretary of Housing and
9 Urban Development may waive, or specify alter-
10 native requirements for (in consultation with the
11 Secretary of the Department of Veterans Affairs),
12 any provision of any statute or regulation that the
13 Secretary of Housing and Urban Development ad-
14 ministers in connection with the use of funds made
15 available under this paragraph (except for require-
16 ments related to fair housing, nondiscrimination,
17 labor standards, and the environment), upon a find-
18 ing by the Secretary that any such waivers or alter-
19 native requirements are necessary for the effective
20 delivery and administration of such voucher assist-
21 ance: Provided further, That assistance made avail-
22 able under this paragraph shall continue to remain
23 available for homeless veterans upon turn-over; and
24 (6) The Secretary shall separately track all spe-
25 cial purpose vouchers funded under this heading.
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1494
1 HOUSING CERTIFICATE FUND
2 (INCLUDING RESCISSIONS)
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1495
1 housing agencies, as authorized under section 9 of the
2 United States Housing Act of 1937 (42 U.S.C. 1437g)
3 (the ‘‘Act’’) $1,875,000,000, to remain available until
4 September 30, 2017: Provided, That notwithstanding any
5 other provision of law or regulation, during fiscal year
6 2014 the Secretary of Housing and Urban Development
7 may not delegate to any Department official other than
8 the Deputy Secretary and the Assistant Secretary for
9 Public and Indian Housing any authority under paragraph
10 (2) of section 9(j) regarding the extension of the time peri-
11 ods under such section: Provided further, That for pur-
12 poses of such section 9(j), the term ‘‘obligate’’ means, with
13 respect to amounts, that the amounts are subject to a
14 binding agreement that will result in outlays, immediately
15 or in the future: Provided further, That up to $8,000,000
16 shall be to support ongoing Public Housing Financial and
17 Physical Assessment activities: Provided further, That of
18 the total amount provided under this heading, not to ex-
19 ceed $20,000,000 shall be available for the Secretary to
20 make grants, notwithstanding section 204 of this Act, to
21 public housing agencies for emergency capital needs in-
22 cluding safety and security measures necessary to address
23 crime and drug-related activity as well as needs resulting
24 from unforeseen or unpreventable emergencies and nat-
25 ural disasters excluding Presidentially declared emer-
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1496
1 gencies and natural disasters under the Robert T. Stafford
2 Disaster Relief and Emergency Act (42 U.S.C. 5121 et
3 seq.) occurring in fiscal year 2014: Provided further, That
4 of the total amount provided under this heading
5 $45,000,000 shall be for supportive services, service coor-
6 dinator and congregate services as authorized by section
7 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer-
8 ican Housing Assistance and Self-Determination Act of
9 1996 (25 U.S.C. 4101 et seq.): Provided further, That of
10 the total amount made available under this heading, up
11 to $15,000,000 may be used for incentives as part of a
12 Jobs-Plus Pilot initiative modeled after the Jobs-Plus
13 demonstration: Provided further, That the funding pro-
14 vided under the previous proviso shall provide competitive
15 grants to partnerships between public housing authorities,
16 local workforce investment boards established under sec-
17 tion 117 of the Workforce Investment Act of 1998, and
18 other agencies and organizations that provide support to
19 help public housing residents obtain employment and in-
20 crease earnings: Provided further, That applicants must
21 demonstrate the ability to provide services to residents,
22 partner with workforce investment boards, and leverage
23 service dollars: Provided further, That the Secretary may
24 set aside a portion of the funds provided for the Resident
25 Opportunity and Self-Sufficiency program to support the
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1497
1 services element of the Jobs-Plus Pilot initiative: Provided
2 further, That the Secretary may allow PHAs to request
3 exemptions from rent and income limitation requirements
4 under sections 3 and 6 of the United States Housing Act
5 of 1937 as necessary to implement the Jobs-Plus program,
6 on such terms and conditions as the Secretary may ap-
7 prove upon a finding by the Secretary that any such waiv-
8 ers or alternative requirements are necessary for the effec-
9 tive implementation of the Jobs-Plus Pilot initiative as a
10 voluntary program for residents: Provided further, That
11 the Secretary shall publish by notice in the Federal Reg-
12 ister any waivers or alternative requirements pursuant to
13 the preceding proviso no later than 10 days before the ef-
14 fective date of such notice: Provided further, That from
15 the funds made available under this heading, the Secretary
16 shall provide bonus awards in fiscal year 2014 to public
17 housing agencies that are designated high performers.
18 PUBLIC HOUSING OPERATING FUND
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1498
1 account the impact of changes to flat rents on public hous-
2 ing agencies’ formula income levels.
3 CHOICE NEIGHBORHOODS INITIATIVE
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1499
1 local, other Federal or private funds: Provided further,
2 That grantees may include local governments, tribal enti-
3 ties, public housing authorities, and nonprofits: Provided
4 further, That for-profit developers may apply jointly with
5 a public entity: Provided further, That of the amount pro-
6 vided, not less than $55,000,000 shall be awarded to pub-
7 lic housing authorities: Provided further, That such grant-
8 ees shall create partnerships with other local organizations
9 including assisted housing owners, service agencies, and
10 resident organizations: Provided further, That the Sec-
11 retary shall consult with the Secretaries of Education,
12 Labor, Transportation, Health and Human Services, Agri-
13 culture, and Commerce, the Attorney General, and the Ad-
14 ministrator of the Environmental Protection Agency to co-
15 ordinate and leverage other appropriate Federal resources:
16 Provided further, That no more than $5,000,000 of funds
17 made available under this heading may be provided to as-
18 sist communities in developing comprehensive strategies
19 for implementing this program or implementing other revi-
20 talization efforts in conjunction with community notice
21 and input: Provided further, That the Secretary shall de-
22 velop and publish guidelines for the use of such competi-
23 tive funds, including but not limited to eligible activities,
24 program requirements, and performance metrics.
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1500
1 FAMILY SELF-SUFFICIENCY
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1501
1 under section 302 of such Act with the need component
2 based on single-race census data and with the need compo-
3 nent based on multi-race census data, and the amount of
4 the allocation for each Indian tribe shall be the greater
5 of the two resulting allocation amounts: Provided further,
6 That of the amounts made available under this heading,
7 $3,000,000 shall be contracted for assistance for national
8 or regional organizations representing Native American
9 housing interests for providing training and technical as-
10 sistance to Indian housing authorities and tribally des-
11 ignated housing entities as authorized under NAHASDA;
12 and $2,000,000 shall be to support the inspection of In-
13 dian housing units, contract expertise, training, and tech-
14 nical assistance in the training, oversight, and manage-
15 ment of such Indian housing and tenant-based assistance,
16 including up to $300,000 for related travel: Provided fur-
17 ther, That of the amount provided under this heading,
18 $2,000,000 shall be made available for the cost of guaran-
19 teed notes and other obligations, as authorized by title VI
20 of NAHASDA: Provided further, That such costs, includ-
21 ing the costs of modifying such notes and other obliga-
22 tions, shall be as defined in section 502 of the Congres-
23 sional Budget Act of 1974, as amended: Provided further,
24 That these funds are available to subsidize the total prin-
25 cipal amount of any notes and other obligations, any part
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1502
1 of which is to be guaranteed, not to exceed $16,530,000:
2 Provided further, That the Department will notify grantees
3 of their formula allocation within 60 days of the date of
4 enactment of this Act.
5 NATIVE HAWAIIAN HOUSING BLOCK GRANT
16 ACCOUNT
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1503
1 until expended: Provided further, That up to $750,000 of
2 this amount may be for administrative contract expenses
3 including management processes and systems to carry out
4 the loan guarantee program.
5 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND
6 PROGRAM ACCOUNT
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1504
1 tember 30, 2016: Provided, That the Secretary shall renew
2 all expiring contracts for permanent supportive housing
3 that initially were funded under section 854(c)(3) of such
4 Act from funds made available under this heading in fiscal
5 year 2010 and prior fiscal years that meet all program
6 requirements before awarding funds for new contracts
7 under each section, and if amounts provided under this
8 heading pursuant to such section are insufficient to fund
9 renewals for all such expiring contracts, then amounts
10 made available under this heading for formula grants pur-
11 suant to section 854(c)(1) shall be used to provide the bal-
12 ance of such renewal funding before awarding funds for
13 such formula grants: Provided further, That the Depart-
14 ment shall notify grantees of their formula allocation with-
15 in 60 days of enactment of this Act.
16 COMMUNITY DEVELOPMENT FUND
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1505
1 et seq.): Provided further, That unless explicitly provided
2 for under this heading, not to exceed 20 percent of any
3 grant made with funds appropriated under this heading
4 shall be expended for planning and management develop-
5 ment and administration: Provided further, That a metro-
6 politan city, urban county, unit of general local govern-
7 ment, or Indian tribe, or insular area that directly or indi-
8 rectly receives funds under this heading may not sell,
9 trade, or otherwise transfer all or any portion of such
10 funds to another such entity in exchange for any other
11 funds, credits or non-Federal considerations, but must use
12 such funds for activities eligible under title I of the Act:
13 Provided further, That none of the funds made available
14 under this heading may be used for grants for the Eco-
15 nomic Development Initiative (‘‘EDI’’) or Neighborhood
16 Initiatives activities, Rural Innovation Fund, or for grants
17 pursuant to section 107 of the Housing and Community
18 Development Act of 1974 (42 U.S.C. 5307): Provided fur-
19 ther, That the Department shall notify grantees of their
20 formula allocation within 60 days of enactment of this Act:
21 Provided further, That $70,000,000 shall be for grants to
22 Indian tribes notwithstanding section 106(a)(1) of such
23 Act, of which, notwithstanding any other provision of law
24 (including section 204 of this Act), up to $3,960,000 may
25 be used for emergencies that constitute imminent threats
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1506
1 to health and safety: Provided further, That of the
2 amounts made available under the previous proviso,
3 $10,000,000 shall be for grants for mold remediation and
4 prevention that shall be awarded through one national
5 competition to Native American tribes with the greatest
6 need.
7 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES/
8 RENEWAL COMMUNITIES
9 (RESCISSION)
15 PROGRAM ACCOUNT
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1507
1 gressional Budget Act of 1974: Provided further, That the
2 funds provided under this heading and any amounts from
3 any such fees collected are available to subsidize total loan
4 principal, any part of which is to be guaranteed, not to
5 exceed $150,000,000, notwithstanding any aggregate limi-
6 tation on outstanding obligations guaranteed in section
7 108(k) of the Housing and Community Development Act
8 of 1974, as amended.
9 HOME INVESTMENT PARTNERSHIPS PROGRAM
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1508
1 dating Property Standards’’ which became effective on
2 such date: Provided further, That the Department shall
3 notify grantees of their formula allocation within 60 days
4 of enactment of this Act.
5 SELF-HELP AND ASSISTED HOMEOWNERSHIP
6 OPPORTUNITY PROGRAM
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1509
1 research to local nonprofits, local governments and Indian
2 Tribes serving high need rural communities.
3 HOMELESS ASSISTANCE GRANTS
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1510
1 ing stability assistance program shall be matched by not
2 less than 25 percent in cash or in kind by each grantee:
3 Provided further, That for all match requirements applica-
4 ble to funds made available under this heading for this
5 fiscal year and prior years, a grantee may use (or could
6 have used) as a source of match funds other funds admin-
7 istered by the Secretary and other Federal agencies unless
8 there is (or was) a specific statutory prohibition on any
9 such use of any such funds: Provided further, That the
10 Secretary may renew on an annual basis expiring con-
11 tracts or amendments to contracts funded under the con-
12 tinuum of care program if the program is determined to
13 be needed under the applicable continuum of care and
14 meets appropriate program requirements, performance
15 measures, and financial standards, as determined by the
16 Secretary: Provided further, That all awards of assistance
17 under this heading shall be required to coordinate and in-
18 tegrate homeless programs with other mainstream health,
19 social services, and employment programs for which home-
20 less populations may be eligible, including Medicaid, State
21 Children’s Health Insurance Program, Temporary Assist-
22 ance for Needy Families, Food Stamps, and services fund-
23 ing through the Mental Health and Substance Abuse
24 Block Grant, Workforce Investment Act, and the Welfare-
25 to-Work grant program: Provided further, That all bal-
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1511
1 ances for Shelter Plus Care renewals previously funded
2 from the Shelter Plus Care Renewal account and trans-
3 ferred to this account shall be available, if recaptured, for
4 continuum of care renewals in fiscal year 2014: Provided
5 further, That with respect to funds provided under this
6 heading for the continuum of care program for fiscal years
7 2012, 2013, and 2014, provision of permanent housing
8 rental assistance may be administered by private nonprofit
9 organizations: Provided further, That not later than 180
10 days after awarding fiscal year 2013 funds described in
11 the previous proviso to private nonprofit organizations, the
12 Secretary of Housing and Urban Development shall sub-
13 mit to the House and Senate Committees on Appropria-
14 tions, the House Committee on Financial Services, and the
15 Senate Committee on Banking, Housing, and Urban Af-
16 fairs a report that includes a review of the history of and
17 need for the authority provided in the previous proviso,
18 the number and geographic distribution of persons as-
19 sisted under such actions, an analysis of the effectiveness,
20 advantages, and disadvantages of the authority under the
21 previous proviso and such other information as may be
22 necessary to assess the ongoing need for such authority:
23 Provided further, That the Department shall notify grant-
24 ees of their formula allocation from amounts allocated
25 (which may represent initial or final amounts allocated)
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1512
1 for the emergency solutions grant program within 60 days
2 of enactment of this Act.
3 HOUSING PROGRAMS
4 PROJECT-BASED RENTAL ASSISTANCE
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1513
1 Act of 1990, and for administrative and other expenses
2 associated with project-based activities and assistance
3 funded under this paragraph: Provided further, That of
4 the total amounts provided under this heading, not to ex-
5 ceed $265,000,000 shall be available for assistance agree-
6 ments with performance-based contract administrators for
7 section 8 project-based assistance, for carrying out 42
8 U.S.C. 1437(f): Provided further, That the Secretary of
9 Housing and Urban Development may also use such
10 amounts in the previous proviso for performance-based
11 contract administrators for the administration of: interest
12 reduction payments pursuant to section 236(a) of the Na-
13 tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple-
14 ment payments pursuant to section 101 of the Housing
15 and Urban Development Act of 1965 (12 U.S.C. 1701s);
16 section 236(f)(2) rental assistance payments (12 U.S.C.
17 1715z–1(f)(2)); project rental assistance contracts for the
18 elderly under section 202(c)(2) of the Housing Act of
19 1959 (12 U.S.C. 1701q); project rental assistance con-
20 tracts for supportive housing for persons with disabilities
21 under section 811(d)(2) of the Cranston-Gonzalez Na-
22 tional Affordable Housing Act (42 U.S.C. 8013(d)(2));
23 project assistance contracts pursuant to section 202(h) of
24 the Housing Act of 1959 (Public Law 86–372; 73 Stat.
25 667); and loans under section 202 of the Housing Act of
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1514
1 1959 (Public Law 86–372; 73 Stat. 667): Provided fur-
2 ther, That amounts recaptured under this heading, the
3 heading ‘‘Annual Contributions for Assisted Housing’’, or
4 the heading ‘‘Housing Certificate Fund’’, may be used for
5 renewals of or amendments to section 8 project-based con-
6 tracts or for performance-based contract administrators,
7 notwithstanding the purposes for which such amounts
8 were appropriated: Provided further, That, notwith-
9 standing any other provision of law, upon the request of
10 the Secretary of Housing and Urban Development, project
11 funds that are held in residual receipts accounts for any
12 project subject to a section 8 project-based Housing As-
13 sistance Payments contract that authorizes HUD to re-
14 quire that surplus project funds be deposited in an inter-
15 est-bearing residual receipts account and that are in ex-
16 cess of an amount to be determined by the Secretary, shall
17 be remitted to the Department and deposited in this ac-
18 count, to be available until expended: Provided further,
19 That amounts deposited pursuant to the previous proviso
20 shall be available in addition to the amount otherwise pro-
21 vided by this heading for uses authorized under this head-
22 ing.
23 HOUSING FOR THE ELDERLY
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1515
1 the Housing Act of 1959, as amended, and for project
2 rental assistance for the elderly under section 202(c)(2)
3 of such Act, including amendments to contracts for such
4 assistance and renewal of expiring contracts for such as-
5 sistance for up to a 1-year term, and for senior preserva-
6 tion rental assistance contracts, as authorized by section
7 811(e) of the American Housing and Economic Oppor-
8 tunity Act of 2000, as amended, and for supportive serv-
9 ices associated with the housing, $383,500,000 to remain
10 available until September 30, 2017: Provided, That of the
11 amount provided under this heading, up to $72,000,000
12 shall be for service coordinators and the continuation of
13 existing congregate service grants for residents of assisted
14 housing projects: Provided further, That amounts under
15 this heading shall be available for Real Estate Assessment
16 Center inspections and inspection-related activities associ-
17 ated with section 202 projects: Provided further, That the
18 Secretary may waive the provisions of section 202 gov-
19 erning the terms and conditions of project rental assist-
20 ance, except that the initial contract term for such assist-
21 ance shall not exceed 5 years in duration: Provided further,
22 That upon the request of the Secretary of Housing and
23 Urban Development, project funds that are held in resid-
24 ual receipts accounts for any project subject to a section
25 202 project rental assistance contract and that upon ter-
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1516
1 mination of such contract are in excess of an amount to
2 be determined by the Secretary shall be remitted to the
3 Department and deposited in this account, to be available
4 until September 30, 2017: Provided further, That amounts
5 deposited in this account pursuant to the previous proviso
6 shall be available in addition to the amounts otherwise
7 provided by this heading for the purposes authorized
8 under this heading and, together with such funds, may
9 be used by the Secretary for demonstration programs to
10 test housing with services models for the elderly that dem-
11 onstrate the potential to delay or avoid the need for nurs-
12 ing home care: Provided further, That unobligated bal-
13 ances, including recaptures and carryover, remaining from
14 funds transferred to or appropriated under this heading
15 may be used for the current purposes authorized under
16 this heading, notwithstanding the purposes for which such
17 funds were originally appropriated.
18 HOUSING FOR PERSONS WITH DISABILITIES
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1517
1 Housing Act of 1959 (Public Law 86–372; 73 Stat. 667),
2 including amendments to contracts for such assistance
3 and renewal of expiring contracts for such assistance for
4 up to a 1-year term, for project rental assistance to State
5 housing finance agencies and other appropriate entities as
6 authorized under section 811(b)(3) of the Cranston-Gon-
7 zalez National Housing Act, and for supportive services
8 associated with the housing for persons with disabilities
9 as authorized by section 811(b)(1) of such Act,
10 $126,000,000 to remain available until September 30,
11 2017: Provided, That amounts made available under this
12 heading shall be available for Real Estate Assessment
13 Center inspections and inspection-related activities associ-
14 ated with section 811 projects: Provided further, That, in
15 this fiscal year, upon the request of the Secretary of Hous-
16 ing and Urban Development, project funds that are held
17 in residual receipts accounts for any project subject to a
18 section 811 project rental assistance contract and that
19 upon termination of such contract are in excess of an
20 amount to be determined by the Secretary shall be remit-
21 ted to the Department and deposited in this account, to
22 be available until September 30, 2017: Provided further,
23 That amounts deposited in this account pursuant to the
24 previous proviso shall be available in addition to the
25 amounts otherwise provided by this heading for the pur-
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1518
1 poses authorized under this heading: Provided further,
2 That unobligated balances, including recaptures and car-
3 ryover, remaining from funds transferred to or appro-
4 priated under this heading may be used for the current
5 purposes authorized under this heading notwithstanding
6 the purposes for which such funds originally were appro-
7 priated.
8 HOUSING COUNSELING ASSISTANCE
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1519
1 RENTAL HOUSING ASSISTANCE
17 (RESCISSION)
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1520
1 Budget and Emergency Deficit Control Act of 1985, as
2 amended.
3 PAYMENT TO MANUFACTURED HOUSING FEES TRUST
4 FUND
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1521
1 vided further, That such collections shall be deposited into
2 the Fund, and the Secretary, as provided herein, may use
3 such collections, as well as fees collected under section
4 620, for necessary expenses of such Act: Provided further,
5 That, notwithstanding the requirements of section 620 of
6 such Act, the Secretary may carry out responsibilities of
7 the Secretary under such Act through the use of approved
8 service providers that are paid directly by the recipients
9 of their services.
10 FEDERAL HOUSING ADMINISTRATION
11 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
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1522
1 2015: Provided further, That to the extent guaranteed
2 loan commitments exceed $200,000,000,000 on or before
3 April 1, 2014, an additional $1,400 for administrative
4 contract expenses shall be available for each $1,000,000
5 in additional guaranteed loan commitments (including a
6 pro rata amount for any amount below $1,000,000), but
7 in no case shall funds made available by this proviso ex-
8 ceed $30,000,000.
9 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
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1523
1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN
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1524
1 POLICY DEVELOPMENT AND RESEARCH
2 RESEARCH AND TECHNOLOGY
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1525
1 102(a)(4)(C) with respect to documentation of award deci-
2 sions.
3 FAIR HOUSING AND EQUAL OPPORTUNITY
4 FAIR HOUSING ACTIVITIES
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1526
1 in utilizing the services provided by the Department of
2 Housing and Urban Development.
3 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY
4 HOMES
5 LEAD HAZARD REDUCTION
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1527
1 1994: Provided further, That of the total amount made
2 available under this heading, $45,000,000 shall be made
3 available on a competitive basis for areas with the highest
4 lead paint abatement needs: Provided further, That each
5 recipient of funds provided under the third proviso shall
6 make a matching contribution in an amount not less than
7 25 percent: Provided further, That each applicant shall
8 certify adequate capacity that is acceptable to the Sec-
9 retary to carry out the proposed use of funds pursuant
10 to a notice of funding availability: Provided further, That
11 amounts made available under this heading in this or prior
12 appropriations Acts, and that still remain available, may
13 be used for any purpose under this heading notwith-
14 standing the purpose for which such amounts were appro-
15 priated if a program competition is undersubscribed and
16 there are other program competitions under this heading
17 that are oversubscribed.
18 INFORMATION TECHNOLOGY FUND
19 For the development of, modifications to, and infra-
20 structure for Department-wide and program-specific infor-
21 mation technology systems, for the continuing operation
22 and maintenance of both Department-wide and program-
23 specific information systems, and for program-related
24 maintenance activities, $250,000,000, of which
25 $205,000,000 shall remain available until September 30,
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1528
1 2015, and of which $45,000,000 shall remain available
2 until September 30, 2016 for Development, Modernization
3 and Enhancement: Provided, That any amounts trans-
4 ferred to this Fund under this Act shall remain available
5 until expended: Provided further, That any amounts trans-
6 ferred to this Fund from amounts appropriated by pre-
7 viously enacted appropriations Acts may be used for the
8 purposes specified under this Fund, in addition to any
9 other information technology purposes for which such
10 amounts were appropriated: Provided further, That not
11 more than 25 percent of the funds made available under
12 this heading for Development, Modernization and En-
13 hancement, including development and deployment of a
14 Next Generation Management System and development
15 and deployment of modernized Federal Housing Adminis-
16 tration systems may be obligated until the Secretary sub-
17 mits to the Committees on Appropriations and the Comp-
18 troller General of the United States a plan for expenditure
19 that—(A) provides for all information technology invest-
20 ments: (i) the cost and schedule baselines with expla-
21 nations for each associated variance, (ii) the status of
22 functional and performance capabilities delivered or
23 planned to be delivered, and (iii) mitigation strategies to
24 address identified risks; (B) outlines activities to ensure
25 strategic, consistent, and effective application of informa-
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1529
1 tion technology management controls: (i) enterprise archi-
2 tecture, (ii) project management, (iii) investment manage-
3 ment, and (iv) human capital management.
4 OFFICE OF INSPECTOR GENERAL
5 For necessary salaries and expenses of the Office of
6 Inspector General in carrying out the Inspector General
7 Act of 1978, as amended, $125,000,000: Provided, That
8 the Inspector General shall have independent authority
9 over all personnel issues within this office.
10 TRANSFORMATION INITIATIVE
11 For necessary expenses of research, evaluation, and
12 program metrics activities; program demonstrations; and
13 technical assistance and capacity building, $40,000,000 to
14 remain available until September 30, 2016: Provided,
15 That prior to obligation of technical assistance and capac-
16 ity building funding, the Secretary shall submit a plan,
17 for approval, to the House and Senate Committees on Ap-
18 propriations on how it will allocate funding for this activ-
19 ity: Provided further, That with respect to amounts made
20 available under this heading for research, evaluation and
21 program metrics or program demonstrations, notwith-
22 standing section 204 of this title, the Secretary may enter
23 into cooperative agreements funded with philanthropic en-
24 tities, other Federal agencies, or State or local govern-
25 ments and their agencies for such projects: Provided fur-
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1530
1 ther, That with respect to the previous proviso, such part-
2 ners to the cooperative agreements must contribute at
3 least a 50 percent match toward the cost of the project.
4 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND
5 URBAN DEVELOPMENT
6 (INCLUDING TRANSFER OF FUNDS)
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1531
1 SEC. 202. None of the amounts made available under
2 this Act may be used during fiscal year 2014 to investigate
3 or prosecute under the Fair Housing Act any otherwise
4 lawful activity engaged in by one or more persons, includ-
5 ing the filing or maintaining of a nonfrivolous legal action,
6 that is engaged in solely for the purpose of achieving or
7 preventing action by a Government official or entity, or
8 a court of competent jurisdiction.
9 SEC. 203. Sections 203 and 209 of division C of Pub-
10 lic Law 112–55 (125 Stat. 693–694) shall apply during
11 fiscal year 2014 as if such sections were included in this
12 title, except that during such fiscal year such sections shall
13 be applied by substituting ‘‘fiscal year 2014’’ for ‘‘fiscal
14 year 2011’’ and ‘‘fiscal year 2012’’ each place such terms
15 appear.
16 SEC. 204. Except as explicitly provided in law, any
17 grant, cooperative agreement or other assistance made
18 pursuant to title II of this Act shall be made on a competi-
19 tive basis and in accordance with section 102 of the De-
20 partment of Housing and Urban Development Reform Act
21 of 1989 (42 U.S.C. 3545).
22 SEC. 205. Funds of the Department of Housing and
23 Urban Development subject to the Government Corpora-
24 tion Control Act or section 402 of the Housing Act of
25 1950 shall be available, without regard to the limitations
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1532
1 on administrative expenses, for legal services on a contract
2 or fee basis, and for utilizing and making payment for
3 services and facilities of the Federal National Mortgage
4 Association, Government National Mortgage Association,
5 Federal Home Loan Mortgage Corporation, Federal Fi-
6 nancing Bank, Federal Reserve banks or any member
7 thereof, Federal Home Loan banks, and any insured bank
8 within the meaning of the Federal Deposit Insurance Cor-
9 poration Act, as amended (12 U.S.C. 1811–1).
10 SEC. 206. Unless otherwise provided for in this Act
11 or through a reprogramming of funds, no part of any ap-
12 propriation for the Department of Housing and Urban
13 Development shall be available for any program, project
14 or activity in excess of amounts set forth in the budget
15 estimates submitted to Congress.
16 SEC. 207. Corporations and agencies of the Depart-
17 ment of Housing and Urban Development which are sub-
18 ject to the Government Corporation Control Act are here-
19 by authorized to make such expenditures, within the limits
20 of funds and borrowing authority available to each such
21 corporation or agency and in accordance with law, and to
22 make such contracts and commitments without regard to
23 fiscal year limitations as provided by section 104 of such
24 Act as may be necessary in carrying out the programs set
25 forth in the budget for 2014 for such corporation or agen-
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1533
1 cy except as hereinafter provided: Provided, That collec-
2 tions of these corporations and agencies may be used for
3 new loan or mortgage purchase commitments only to the
4 extent expressly provided for in this Act (unless such loans
5 are in support of other forms of assistance provided for
6 in this or prior appropriations Acts), except that this pro-
7 viso shall not apply to the mortgage insurance or guaranty
8 operations of these corporations, or where loans or mort-
9 gage purchases are necessary to protect the financial in-
10 terest of the United States Government.
11 SEC. 208. The Secretary of Housing and Urban De-
12 velopment shall provide quarterly reports to the House
13 and Senate Committees on Appropriations regarding all
14 uncommitted, unobligated, recaptured and excess funds in
15 each program and activity within the jurisdiction of the
16 Department and shall submit additional, updated budget
17 information to these Committees upon request.
18 SEC. 209. The President’s formal budget request for
19 fiscal year 2015, as well as the Department of Housing
20 and Urban Development’s congressional budget justifica-
21 tions to be submitted to the Committees on Appropriations
22 of the House of Representatives and the Senate, shall use
23 the identical account and sub-account structure provided
24 under this Act.
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1534
1 SEC. 210. Paragraph (2)(B)(i) of section 3(a) of the
2 United States Housing Act of 1937 (42 U.S.C. 1437a(a))
3 is amended—
4 (1) in the matter preceding subclause (I)—
5 (A) by striking ‘‘Except as otherwise pro-
6 vided under this clause, each’’ and inserting
7 ‘‘Each’’; and
8 (B) by inserting after ‘‘which shall’’ the
9 following: ‘‘not be lower than 80 percent of the
10 applicable fair market rental established under
11 section 8(c) of this Act and which shall’’; and
12 (2) by striking the undesignated matter fol-
13 lowing subclause (II) and inserting the following:
14 ‘‘Public housing agencies must comply by June 1,
15 2014, with the requirement of this clause, except
16 that if a new flat rental amount for a dwelling unit
17 will increase a family’s existing rental payment by
18 more than 35 percent, the new flat rental amount
19 shall be phased in as necessary to ensure that the
20 family’s existing rental payment does not increase by
21 more than 35 percent annually. The preceding sen-
22 tence shall not be construed to require establishment
23 of rental amounts equal to 80 percent of the fair
24 market rental in years when the fair market rental
25 falls from the prior year.’’.
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1535
1 SEC. 211. A public housing agency or such other enti-
2 ty that administers Federal housing assistance for the
3 Housing Authority of the county of Los Angeles, Cali-
4 fornia, the States of Alaska, Iowa, and Mississippi shall
5 not be required to include a resident of public housing or
6 a recipient of assistance provided under section 8 of the
7 United States Housing Act of 1937 on the board of direc-
8 tors or a similar governing board of such agency or entity
9 as required under section (2)(b) of such Act. Each public
10 housing agency or other entity that administers Federal
11 housing assistance under section 8 for the Housing Au-
12 thority of the county of Los Angeles, California and the
13 States of Alaska, Iowa and Mississippi that chooses not
14 to include a resident of public housing or a recipient of
15 section 8 assistance on the board of directors or a similar
16 governing board shall establish an advisory board of not
17 less than six residents of public housing or recipients of
18 section 8 assistance to provide advice and comment to the
19 public housing agency or other administering entity on
20 issues related to public housing and section 8. Such advi-
21 sory board shall meet not less than quarterly.
22 SEC. 212. Subparagraph (A) of section 3(b)(6) of the
23 United States Housing Act of 1937 (42 U.S.C.
24 1437a(b)(6)(A)) is amended by inserting before the period
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1536
1 at the end the following: ‘‘, or a consortium of such enti-
2 ties or bodies as approved by the Secretary’’.
3 SEC. 213. No funds provided under this title may be
4 used for an audit of the Government National Mortgage
5 Association that makes applicable requirements under the
6 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
7 SEC. 214. (a) Notwithstanding any other provision
8 of law, subject to the conditions listed under this section,
9 for fiscal years 2014 and 2015, the Secretary of Housing
10 and Urban Development may authorize the transfer of
11 some or all project-based assistance, debt held or insured
12 by the Secretary and statutorily required low-income and
13 very low-income use restrictions if any, associated with one
14 or more multifamily housing project or projects to another
15 multifamily housing project or projects.
16 (b) PHASED TRANSFERS.—Transfers of project-
17 based assistance under this section may be done in phases
18 to accommodate the financing and other requirements re-
19 lated to rehabilitating or constructing the project or
20 projects to which the assistance is transferred, to ensure
21 that such project or projects meet the standards under
22 subsection (c).
23 (c) The transfer authorized in subsection (a) is sub-
24 ject to the following conditions:
25 (1) NUMBER AND BEDROOM SIZE OF UNITS.—
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1537
1 (A) For occupied units in the transferring
2 project: the number of low-income and very low-
3 income units and the configuration (i.e. bed-
4 room size) provided by the transferring project
5 shall be no less than when transferred to the re-
6 ceiving project or projects and the net dollar
7 amount of Federal assistance provided to the
8 transferring project shall remain the same in
9 the receiving project or projects.
10 (B) For unoccupied units in the transfer-
11 ring project: the Secretary may authorize a re-
12 duction in the number of dwelling units in the
13 receiving project or projects to allow for a re-
14 configuration of bedroom sizes to meet current
15 market demands, as determined by the Sec-
16 retary and provided there is no increase in the
17 project-based assistance budget authority.
18 (2) The transferring project shall, as deter-
19 mined by the Secretary, be either physically obsolete
20 or economically nonviable.
21 (3) The receiving project or projects shall meet
22 or exceed applicable physical standards established
23 by the Secretary.
24 (4) The owner or mortgagor of the transferring
25 project shall notify and consult with the tenants re-
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1538
1 siding in the transferring project and provide a cer-
2 tification of approval by all appropriate local govern-
3 mental officials.
4 (5) The tenants of the transferring project who
5 remain eligible for assistance to be provided by the
6 receiving project or projects shall not be required to
7 vacate their units in the transferring project or
8 projects until new units in the receiving project are
9 available for occupancy.
10 (6) The Secretary determines that this transfer
11 is in the best interest of the tenants.
12 (7) If either the transferring project or the re-
13 ceiving project or projects meets the condition speci-
14 fied in subsection (d)(2)(A), any lien on the receiv-
15 ing project resulting from additional financing ob-
16 tained by the owner shall be subordinate to any
17 FHA-insured mortgage lien transferred to, or placed
18 on, such project by the Secretary, except that the
19 Secretary may waive this requirement upon deter-
20 mination that such a waiver is necessary to facilitate
21 the financing of acquisition, construction, and/or re-
22 habilitation of the receiving project or projects.
23 (8) If the transferring project meets the re-
24 quirements of subsection (d)(2), the owner or mort-
25 gagor of the receiving project or projects shall exe-
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1539
1 cute and record either a continuation of the existing
2 use agreement or a new use agreement for the
3 project where, in either case, any use restrictions in
4 such agreement are of no lesser duration than the
5 existing use restrictions.
6 (9) The transfer does not increase the cost (as
7 defined in section 502 of the Congressional Budget
8 Act of 1974, as amended) of any FHA-insured
9 mortgage, except to the extent that appropriations
10 are provided in advance for the amount of any such
11 increased cost.
12 (d) For purposes of this section—
13 (1) the terms ‘‘low-income’’ and ‘‘very low-in-
14 come’’ shall have the meanings provided by the stat-
15 ute and/or regulations governing the program under
16 which the project is insured or assisted;
17 (2) the term ‘‘multifamily housing project’’
18 means housing that meets one of the following con-
19 ditions—
20 (A) housing that is subject to a mortgage
21 insured under the National Housing Act;
22 (B) housing that has project-based assist-
23 ance attached to the structure including
24 projects undergoing mark to market debt re-
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1540
1 structuring under the Multifamily Assisted
2 Housing Reform and Affordability Housing Act;
3 (C) housing that is assisted under section
4 202 of the Housing Act of 1959 as amended by
5 section 801 of the Cranston-Gonzales National
6 Affordable Housing Act;
7 (D) housing that is assisted under section
8 202 of the Housing Act of 1959, as such sec-
9 tion existed before the enactment of the Cran-
10 ston-Gonzales National Affordable Housing Act;
11 (E) housing that is assisted under section
12 811 of the Cranston-Gonzales National Afford-
13 able Housing Act; or
14 (F) housing or vacant land that is subject
15 to a use agreement;
16 (3) the term ‘‘project-based assistance’’
17 means—
18 (A) assistance provided under section 8(b)
19 of the United States Housing Act of 1937;
20 (B) assistance for housing constructed or
21 substantially rehabilitated pursuant to assist-
22 ance provided under section 8(b)(2) of such Act
23 (as such section existed immediately before Oc-
24 tober 1, 1983);
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1541
1 (C) rent supplement payments under sec-
2 tion 101 of the Housing and Urban Develop-
3 ment Act of 1965;
4 (D) interest reduction payments under sec-
5 tion 236 and/or additional assistance payments
6 under section 236(f)(2) of the National Hous-
7 ing Act;
8 (E) assistance payments made under sec-
9 tion 202(c)(2) of the Housing Act of 1959; and
10 (F) assistance payments made under sec-
11 tion 811(d)(2) of the Cranston-Gonzalez Na-
12 tional Affordable Housing Act;
13 (4) the term ‘‘receiving project or projects’’
14 means the multifamily housing project or projects to
15 which some or all of the project-based assistance,
16 debt, and statutorily required low-income and very
17 low-income use restrictions are to be transferred;
18 (5) the term ‘‘transferring project’’ means the
19 multifamily housing project which is transferring
20 some or all of the project-based assistance, debt and
21 the statutorily required low-income and very low-in-
22 come use restrictions to the receiving project or
23 projects; and
24 (6) the term ‘‘Secretary’’ means the Secretary
25 of Housing and Urban Development.
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1542
1 (e) PUBLIC NOTICE AND RESEARCH REPORT.—
2 (1) The Secretary shall publish by notice in the
3 Federal Register the terms and conditions, including
4 criteria for HUD approval, of transfers pursuant to
5 this section no later than 30 days before the effec-
6 tive date of such notice.
7 (2) The Secretary shall conduct an evaluation
8 of the transfer authority under this section, includ-
9 ing the effect of such transfers on the operational ef-
10 ficiency, contract rents, physical and financial condi-
11 tions, and long-term preservation of the affected
12 properties.
13 SEC. 215. (a) No assistance shall be provided under
14 section 8 of the United States Housing Act of 1937 (42
15 U.S.C. 1437f) to any individual who—
16 (1) is enrolled as a student at an institution of
17 higher education (as defined under section 102 of
18 the Higher Education Act of 1965 (20 U.S.C.
19 1002));
20 (2) is under 24 years of age;
21 (3) is not a veteran;
22 (4) is unmarried;
23 (5) does not have a dependent child;
24 (6) is not a person with disabilities, as such
25 term is defined in section 3(b)(3)(E) of the United
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1543
1 States Housing Act of 1937 (42 U.S.C.
2 1437a(b)(3)(E)) and was not receiving assistance
3 under such section 8 as of November 30, 2005; and
4 (7) is not otherwise individually eligible, or has
5 parents who, individually or jointly, are not eligible,
6 to receive assistance under section 8 of the United
7 States Housing Act of 1937 (42 U.S.C. 1437f).
8 (b) For purposes of determining the eligibility of a
9 person to receive assistance under section 8 of the United
10 States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
11 cial assistance (in excess of amounts received for tuition
12 and any other required fees and charges) that an indi-
13 vidual receives under the Higher Education Act of 1965
14 (20 U.S.C. 1001 et seq.), from private sources, or an insti-
15 tution of higher education (as defined under the Higher
16 Education Act of 1965 (20 U.S.C. 1002)), shall be consid-
17 ered income to that individual, except for a person over
18 the age of 23 with dependent children.
19 SEC. 216. The funds made available for Native Alas-
20 kans under the heading ‘‘Native American Housing Block
21 Grants’’ in title II of this Act shall be allocated to the
22 same Native Alaskan housing block grant recipients that
23 received funds in fiscal year 2005.
24 SEC. 217. Notwithstanding the limitation in the first
25 sentence of section 255(g) of the National Housing Act
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1544
1 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and
2 Urban Development may, until September 30, 2014, in-
3 sure and enter into commitments to insure mortgages
4 under such section 255.
5 SEC. 218. Notwithstanding any other provision of
6 law, in fiscal year 2014, in managing and disposing of any
7 multifamily property that is owned or has a mortgage held
8 by the Secretary of Housing and Urban Development, and
9 during the process of foreclosure on any property with a
10 contract for rental assistance payments under section 8
11 of the United States Housing Act of 1937 or other Fed-
12 eral programs, the Secretary shall maintain any rental as-
13 sistance payments under section 8 of the United States
14 Housing Act of 1937 and other programs that are at-
15 tached to any dwelling units in the property. To the extent
16 the Secretary determines, in consultation with the tenants
17 and the local government, that such a multifamily prop-
18 erty owned or held by the Secretary is not feasible for con-
19 tinued rental assistance payments under such section 8
20 or other programs, based on consideration of (1) the costs
21 of rehabilitating and operating the property and all avail-
22 able Federal, State, and local resources, including rent ad-
23 justments under section 524 of the Multifamily Assisted
24 Housing Reform and Affordability Act of 1997
25 (‘‘MAHRAA’’) and (2) environmental conditions that can-
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1545
1 not be remedied in a cost-effective fashion, the Secretary
2 may, in consultation with the tenants of that property,
3 contract for project-based rental assistance payments with
4 an owner or owners of other existing housing properties,
5 or provide other rental assistance. The Secretary shall also
6 take appropriate steps to ensure that project-based con-
7 tracts remain in effect prior to foreclosure, subject to the
8 exercise of contractual abatement remedies to assist relo-
9 cation of tenants for imminent major threats to health and
10 safety after written notice to and informed consent of the
11 affected tenants and use of other available remedies, such
12 as partial abatements or receivership. After disposition of
13 any multifamily property described under this section, the
14 contract and allowable rent levels on such properties shall
15 be subject to the requirements under section 524 of
16 MAHRAA.
17 SEC. 219. Notwithstanding any other provision of
18 law, the recipient of a grant under section 202b of the
19 Housing Act of 1959 (12 U.S.C. 1701q) after December
20 26, 2000, in accordance with the unnumbered paragraph
21 at the end of section 202(b) of such Act, may, at its op-
22 tion, establish a single-asset nonprofit entity to own the
23 project and may lend the grant funds to such entity, which
24 may be a private nonprofit organization described in sec-
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1546
1 tion 831 of the American Homeownership and Economic
2 Opportunity Act of 2000.
3 SEC. 220. (a) INSPECTIONS.—Section 8(o)(8) of the
4 United States Housing Act of 1937 (42 U.S.C.
5 1437f(o)(8)) is amended—
6 (1) by redesignating subparagraph (E) as sub-
7 paragraph (G); and
8 (2) by striking subparagraph (D) and inserting
9 the following new subparagraphs:
10 ‘‘(D) BIENNIAL INSPECTIONS.—
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1547
1 inspection method pursuant to subpara-
2 graph (E).
3 ‘‘(iii) RECORDS.—The public housing
4 agency (or other entity) shall retain the
5 records of the inspection for a reasonable
6 time, as determined by the Secretary, and
7 shall make the records available upon re-
8 quest to the Secretary, the Inspector Gen-
9 eral for the Department of Housing and
10 Urban Development, and any auditor con-
11 ducting an audit under section 5(h).
12 ‘‘(iv) MIXED-FINANCE PROPERTIES.—
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1548
1 under title II of the Cranston-Gonzalez
2 National Affordable Housing Act and the
3 low-income housing tax credit program
4 under section 42 of the Internal Revenue
5 Code of 1986); and
6 ‘‘(ii) pursuant to such inspection, the
7 property was determined to meet the
8 standards or requirements regarding hous-
9 ing quality or safety applicable to prop-
10 erties assisted under such program, and, if
11 a non-Federal standard or requirement
12 was used, the public housing agency has
13 certified to the Secretary that such stand-
14 ard or requirement provides the same (or
15 greater) protection to occupants of dwell-
16 ing units meeting such standard or re-
17 quirement as would the housing quality
18 standards under subparagraph (B).
19 ‘‘(F) INTERIM INSPECTIONS.—Upon notifi-
20 cation to the public housing agency, by a family
21 (on whose behalf tenant-based rental assistance
22 is provided under this subsection) or by a gov-
23 ernment official, that the dwelling unit for
24 which such assistance is provided does not com-
25 ply with the housing quality standards under
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1549
1 subparagraph (B), the public housing agency
2 shall inspect the dwelling unit—
3 ‘‘(i) in the case of any condition that
4 is life-threatening, within 24 hours after
5 the agency’s receipt of such notification,
6 unless waived by the Secretary in extraor-
7 dinary circumstances; and
8 ‘‘(ii) in the case of any condition that
9 is not life-threatening, within a reasonable
10 time frame, as determined by the Sec-
11 retary.’’.
12 (b) EFFECTIVE DATE.—The amendments in sub-
13 section (a) shall take effect upon such date as the Sec-
14 retary determines, in the Secretary’s sole discretion,
15 through the Secretary’s publication of such date in the
16 Federal Register, as part of regulations promulgated, or
17 a notice issued, by the Secretary to implement such
18 amendments.
19 SEC. 221. The commitment authority provided under
20 the heading ‘‘Community Development Loan Guarantees
21 Program Account’’ may be used to guarantee, or make
22 commitments to guarantee, notes, or other obligations
23 issued by any State on behalf of non-entitlement commu-
24 nities in the State in accordance with the requirements
25 of section 108 of the Housing and Community Develop-
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1550
1 ment Act of 1974: Provided, That any State receiving such
2 a guarantee or commitment shall distribute all funds sub-
3 ject to such guarantee to the units of general local govern-
4 ment in non-entitlement areas that received the commit-
5 ment.
6 SEC. 222. Public housing agencies that own and oper-
7 ate 400 or fewer public housing units may elect to be ex-
8 empt from any asset management requirement imposed by
9 the Secretary of Housing and Urban Development in con-
10 nection with the operating fund rule: Provided, That an
11 agency seeking a discontinuance of a reduction of subsidy
12 under the operating fund formula shall not be exempt
13 from asset management requirements.
14 SEC. 223. With respect to the use of amounts pro-
15 vided in this Act and in future Acts for the operation, cap-
16 ital improvement and management of public housing as
17 authorized by sections 9(d) and 9(e) of the United States
18 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
19 Secretary shall not impose any requirement or guideline
20 relating to asset management that restricts or limits in
21 any way the use of capital funds for central office costs
22 pursuant to section 9(g)(1) or 9(g)(2) of the United States
23 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro-
24 vided, That a public housing agency may not use capital
25 funds authorized under section 9(d) for activities that are
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1551
1 eligible under section 9(e) for assistance with amounts
2 from the operating fund in excess of the amounts per-
3 mitted under section 9(g)(1) or 9(g)(2).
4 SEC. 224. No official or employee of the Department
5 of Housing and Urban Development shall be designated
6 as an allotment holder unless the Office of the Chief Fi-
7 nancial Officer has determined that such allotment holder
8 has implemented an adequate system of funds control and
9 has received training in funds control procedures and di-
10 rectives. The Chief Financial Officer shall ensure that
11 there is a trained allotment holder for each HUD sub-
12 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad-
13 ministrative Support Offices,’’ as well as each account re-
14 ceiving appropriations for ‘‘Program Office Salaries and
15 Expenses’’ within the Department of Housing and Urban
16 Development.
17 SEC. 225. The Secretary of Housing and Urban De-
18 velopment shall report annually to the House and Senate
19 Committees on Appropriations on the status of all section
20 8 project-based housing, including the number of all
21 project-based units by region as well as an analysis of all
22 federally subsidized housing being refinanced under the
23 Mark-to-Market program. The Secretary shall in the re-
24 port identify all existing units maintained by region as sec-
25 tion 8 project-based units and all project-based units that
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1552
1 have opted out of section 8 or have otherwise been elimi-
2 nated as section 8 project-based units. The Secretary shall
3 identify in detail and by project all the efforts made by
4 the Department to preserve all section 8 project-based
5 housing units and all the reasons for any units which
6 opted out or otherwise were lost as section 8 project-based
7 units. Such analysis shall include a review of the impact
8 of the loss of any subsidized units in that housing market-
9 place, such as the impact of cost and the loss of available
10 subsidized, low-income housing in areas with scarce hous-
11 ing resources for low-income families.
12 SEC. 226. The Secretary of the Department of Hous-
13 ing and Urban Development shall, for fiscal year 2014 and
14 subsequent fiscal years, notify the public through the Fed-
15 eral Register and other means, as determined appropriate,
16 of the issuance of a notice of the availability of assistance
17 or notice of funding availability (NOFA) for any program
18 or discretionary fund administered by the Secretary that
19 is to be competitively awarded. Notwithstanding any other
20 provision of law, for fiscal year 2014 and subsequent fiscal
21 years, the Secretary may make the NOFA available only
22 on the Internet at the appropriate Government Web site
23 or through other electronic media, as determined by the
24 Secretary.
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1553
1 SEC. 227. Payment of attorney fees in program-re-
2 lated litigation must be paid from individual program of-
3 fice personnel benefits and compensation funding. The an-
4 nual budget submission for program office personnel ben-
5 efit and compensation funding must include program-re-
6 lated litigation costs for attorney fees as a separate line
7 item request.
8 SEC. 228. The Secretary of the Department of Hous-
9 ing and Urban Development is authorized to transfer up
10 to 5 percent or $5,000,000, whichever is less, of the funds
11 appropriated for any office funded under the heading ‘‘Ad-
12 ministrative Support Offices’’ to any other office funded
13 under such heading: Provided, That no appropriation for
14 any office funded under the heading ‘‘Administrative Sup-
15 port Offices’’ shall be increased or decreased by more than
16 5 percent or $5,000,000, whichever is less, without prior
17 written approval of the House and Senate Committees on
18 Appropriations: Provided further, That the Secretary is
19 authorized to transfer up to 5 percent or $5,000,000,
20 whichever is less, of the funds appropriated for any ac-
21 count funded under the general heading ‘‘Program Office
22 Salaries and Expenses’’ to any other account funded
23 under such heading: Provided further, That no appropria-
24 tion for any account funded under the general heading
25 ‘‘Program Office Salaries and Expenses’’ shall be in-
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1554
1 creased or decreased by more than 5 percent or
2 $5,000,000, whichever is less, without prior written ap-
3 proval of the House and Senate Committees on Appropria-
4 tions: Provided further, That the Secretary may transfer
5 funds made available for salaries and expenses between
6 any office funded under the heading ‘‘Administrative Sup-
7 port Offices’’ and any account funded under the general
8 heading ‘‘Program Office Salaries and Expenses’’, but
9 only with the prior written approval of the House and Sen-
10 ate Committees on Appropriations.
11 SEC. 229. The Disaster Housing Assistance Pro-
12 grams, administered by the Department of Housing and
13 Urban Development, shall be considered a ‘‘program of
14 the Department of Housing and Urban Development’’
15 under section 904 of the McKinney Act for the purpose
16 of income verifications and matching.
17 SEC. 230. (a) The Secretary of Housing and Urban
18 Development shall take the required actions under sub-
19 section (b) when a multifamily housing project with a sec-
20 tion 8 contract or contract for similar project-based assist-
21 ance:
22 (1) receives a Real Estate Assessment Center
23 (REAC) score of 30 or less; or
24 (2) receives a REAC score between 31 and 59
25 and:
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1555
1 (A) fails to certify in writing to HUD with-
2 in 60 days that all deficiencies have been cor-
3 rected; or
4 (B) receives consecutive scores of less than
5 60 on REAC inspections.
6 Such requirements shall apply to insured and noninsured
7 projects with assistance attached to the units under sec-
8 tion 8 of the united States housing Act of 1937 (42 U.S.C.
9 1437f), but do not apply to such units assisted under sec-
10 tion 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public hous-
11 ing units assisted with capital or operating funds under
12 section 9 of the United States Housing Act of 1937 (42
13 U.S.C. 1437g).
14 (b) The Secretary shall take the following required
15 actions as authorized under subsection (a)—
16 (1) The Secretary shall notify the owner and
17 provide an opportunity for response within 30 days.
18 If the violations remain, the Secretary shall develop
19 a Compliance, Disposition and Enforcement Plan
20 within 60 days, with a specified timetable for cor-
21 recting all deficiencies. The Secretary shall provide
22 notice of the Plan to the owner, tenants, the local
23 government, any mortgagees, and any contract ad-
24 ministrator.
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1556
1 (2) At the end of the term of the Compliance,
2 Disposition and Enforcement Plan, if the owner fails
3 to fully comply with such plan, the Secretary may
4 require immediate replacement of project manage-
5 ment with a management agent approved by the
6 Secretary, and shall take one or more of the fol-
7 lowing actions, and provide additional notice of those
8 actions to the owner and the parties specified above:
9 (A) impose civil money penalties;
10 (B) abate the section 8 contract, including
11 partial abatement, as determined by the Sec-
12 retary, until all deficiencies have been corrected;
13 (C) pursue transfer of the project to an
14 owner, approved by the Secretary under estab-
15 lished procedures, which will be obligated to
16 promptly make all required repairs and to ac-
17 cept renewal of the assistance contract as long
18 as such renewal is offered; or
19 (D) seek judicial appointment of a receiver
20 to manage the property and cure all project de-
21 ficiencies or seek a judicial order of specific per-
22 formance requiring the owner to cure all project
23 deficiencies.
24 (c) The Secretary shall also take appropriate steps
25 to ensure that project-based contracts remain in effect,
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1557
1 subject to the exercise of contractual abatement remedies
2 to assist relocation of tenants for imminent major threats
3 to health and safety after written notice to and informed
4 consent of the affected tenants and use of other remedies
5 set forth above. To the extent the Secretary determines,
6 in consultation with the tenants and the local government,
7 that the property is not feasible for continued rental as-
8 sistance payments under such section 8 or other programs,
9 based on consideration of (1) the costs of rehabilitating
10 and operating the property and all available Federal,
11 State, and local resources, including rent adjustments
12 under section 524 of the Multifamily Assisted Housing
13 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and
14 (2) environmental conditions that cannot be remedied in
15 a cost-effective fashion, the Secretary may, in consultation
16 with the tenants of that property, contract for project-
17 based rental assistance payments with an owner or owners
18 of other existing housing properties, or provide other rent-
19 al assistance. The Secretary shall report semi-annually on
20 all properties covered by this section that are assessed
21 through the Real Estate Assessment Center and have
22 physical inspection scores of less than 30 or have consecu-
23 tive physical inspection scores of less than 60. The report
24 shall include:
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1558
1 (1) The enforcement actions being taken to ad-
2 dress such conditions, including imposition of civil
3 money penalties and termination of subsidies, and
4 identify properties that have such conditions mul-
5 tiple times; and
6 (2) Actions that the Department of Housing
7 and Urban Development is taking to protect tenants
8 of such identified properties.
9 SEC. 231. None of the funds made available by this
10 Act, or any other Act, for purposes authorized under sec-
11 tion 8 (only with respect to the tenant-based rental assist-
12 ance program) and section 9 of the United States Housing
13 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by
14 any public housing agency for any amount of salary, for
15 the chief executive officer of which, or any other official
16 or employee of which, that exceeds the annual rate of basic
17 pay payable for a position at level IV of the Executive
18 Schedule at any time during any public housing agency
19 fiscal year 2014.
20 SEC. 232. Title II of division K of Public Law 110–
21 161 is amended by striking the item related to ‘‘Flexible
22 Subsidy Fund’’.
23 SEC. 233. Paragraph (1) of section 242(i) of the Na-
24 tional Housing Act (12 U.S.C. 1715z–7(i)(1)) is amended
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1559
1 by striking ‘‘July 31, 2011’’ and inserting ‘‘July 31,
2 2016’’.
3 SEC. 234. Section 24 of the United States Housing
4 Act of 1937 (42 U.S.C. 1437v) is amended—
5 (1) in subsection (m)(1), by striking ‘‘fiscal
6 year’’ and all that follows through the period at the
7 end and inserting ‘‘fiscal year 2014.’’; and
8 (2) in subsection (o), by striking ‘‘September’’
9 and all that follows through the period at the end
10 and inserting ‘‘September 30, 2014.’’.
11 SEC. 235. Of the amounts made available for salaries
12 and expenses under all accounts under this title (except
13 for the Office of Inspector General account), a total of
14 up to $5,000,000 may be transferred to and merged with
15 amounts made available in the ‘‘Information Technology
16 Fund’’ account under this title.
17 SEC. 236. The proviso under the ‘‘Community Devel-
18 opment Fund’’ heading in Public Laws 109–148, 109–
19 234, 110–252, and 110–329 which requires the Secretary
20 to establish procedures to prevent duplication of benefits
21 and to report to the Committees on Appropriations on all
22 steps to prevent fraud and abuse is amended by striking
23 ‘‘quarterly’’ and inserting ‘‘annually’’.
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1560
1 SEC. 237. None of the funds in this Act may be avail-
2 able for the doctoral dissertation research grant program
3 at the Department of Housing and Urban Development.
4 SEC. 238. (a) Section 3(b) of the United States
5 Housing Act of 1937 (42 U.S.C. 1437a) is amended—
6 (1) in paragraph (2), by designating the first
7 sentence as subparagraph (A), the second sentence
8 as subparagraph (B), and the remaining sentences
9 as subparagraph (D), and by inserting after sub-
10 paragraph (B) the following new subparagraph (C):
11 ‘‘(C) The term extremely low-income fami-
12 lies means very low-income families whose in-
13 comes do not exceed the higher of—
14 ‘‘(i) the poverty guidelines updated
15 periodically by the Department of Health
16 and Human Services under the authority
17 of section 673(2) of the Community Serv-
18 ices Block Grant Act applicable to a family
19 of the size involved (except that this clause
20 shall not apply in the case of public hous-
21 ing agencies or projects located in Puerto
22 Rico or any other territory or possession of
23 the United States); or
24 ‘‘(ii) 30 percent of the median family
25 income for the area, as determined by the
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1561
1 Secretary, with adjustments for smaller
2 and larger families (except that the Sec-
3 retary may establish income ceilings higher
4 or lower than 30 percent of the median for
5 the area on the basis of the Secretary’s
6 findings that such variations are necessary
7 because of unusually high or low family in-
8 comes).’’; and
9 (b) Section 16 of the United States Housing Act of
10 1937 (42 U.S.C. 1437n) is amended—
11 (1) in subsection (a)(2)(A);
12 (2) in subsection (b)(1); and
13 (3) in subsection (c)(3), by striking ‘‘families
14 whose incomes’’ and all that follows through ‘‘low
15 family incomes’’ and inserting ‘‘extremely low-in-
16 come families’’.
17 SEC. 239. The language under the heading Rental
18 Assistance Demonstration in the Department of Housing
19 and Urban Development Appropriations Act, 2012 (Public
20 Law 112–55) is amended in the penultimate proviso by
21 striking ‘‘and 2013,’’ and inserting ‘‘through December
22 31, 2014’’.
23 SEC. 240. None of the funds in this Act provided to
24 the Department of Housing and Urban Development may
25 be used to make a grant award unless the Secretary noti-
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1562
1 fies the House and Senate Committees on Appropriations
2 not less than 3 full business days before any project,
3 State, locality, housing authority, tribe, nonprofit organi-
4 zation, or other entity selected to receive a grant award
5 is announced by the Department or its offices.
6 SEC. 241. Section 202(f)(2) of the Housing Act of
7 1959 (12 U.S.C. 1701q(f)(2)) is amended—
8 (a) in paragraph (A)—
9 (1) by striking the matter before clause (i) and
10 inserting the following: ‘‘The Secretary shall estab-
11 lish procedures to delegate the award, review and
12 processing of projects, selected by the Secretary in
13 a national competition, to a State or local housing
14 agency that—’’; and
15 (2) in clause (iii), by striking ‘‘capital advance’’
16 and inserting ‘‘funding’’, and by replacing the
17 comma with a semi-colon;
18 (b) in subparagraph (B), by striking ‘‘capital ad-
19 vances’’ and inserting ‘‘funding under this section’’;
20 (c) in subparagraph (C), by striking the first sen-
21 tence;
22 (d) by redesignating subparagraph (D) as subpara-
23 graph (E), and in the redesignated subparagraph (E)—
24 (1) by striking ‘‘a capital advance’’ and insert-
25 ing ‘‘funding under this section’’; and
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1563
1 (2) by striking ‘‘capital advance amounts or
2 project rental assistance’’ and inserting ‘‘funding
3 under this section’’; and
4 (e) by inserting the following new subparagraph after
5 subparagraph (C):
6 ‘‘(D) Assistance under subsection (c)(2)
7 may be provided for projects which identify in
8 the application for assistance a defined health
9 and other supportive services program including
10 sources of financing the services for eligible
11 residents and memoranda of understanding
12 with service provision agencies and organiza-
13 tions to provide such services for eligible resi-
14 dents at their request. Such supportive services
15 plan and memoranda of understating shall—
16 ‘‘(i) identify the target populations to
17 be served by the project;
18 ‘‘(ii) set forth methods for outreach
19 and referral;
20 ‘‘(iii) identify the health and other
21 supportive services to be provided; and
22 ‘‘(iv) identify the terms under which
23 such services will be made available to resi-
24 dents of the project.’’.
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1564
1 SEC. 242. Section 8(o)(2) of the United States Hous-
2 ing Act of 1937 (42 U.S.C. 1437f(o)(2)), is amended by
3 adding at the end the following new subparagraph:
4 ‘‘(D) UTILITY ALLOWANCE.—
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1565
1 SEC. 243. The Secretary shall establish by notice
2 such requirements as may be necessary to implement sec-
3 tions 210, 212, 220, 238, and 242 under this title and
4 the notice shall take effect upon issuance: Provided, That
5 the Secretary shall commence rulemaking based on the ini-
6 tial notice no later than the expiration of the 6-month pe-
7 riod following issuance of the notice and the rulemaking
8 shall allow for the opportunity for public comment.
9 This title may be cited as the ‘‘Department of Hous-
10 ing and Urban Development Appropriations Act, 2014’’.
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1566
1 TITLE III
2 RELATED AGENCIES
3 ACCESS BOARD
4 SALARIES AND EXPENSES
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1567
1 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE
2 OF INSPECTOR GENERAL
3 SALARIES AND EXPENSES
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1568
1 ther, That concurrent with the President’s budget request
2 for fiscal year 2015, the Inspector General shall submit
3 to the House and Senate Committees on Appropriations
4 a budget request for fiscal year 2015 in similar format
5 and substance to those submitted by executive agencies
6 of the Federal Government.
7 NATIONAL TRANSPORTATION SAFETY BOARD
8 SALARIES AND EXPENSES
23 CORPORATION
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1569
1 as authorized by the Neighborhood Reinvestment Corpora-
2 tion Act (42 U.S.C. 8101–8107), $136,600,000, of which
3 $5,000,000 shall be for a multi-family rental housing pro-
4 gram: Provided, That in addition, $67,500,000 shall be
5 made available until expended to the Neighborhood Rein-
6 vestment Corporation for mortgage foreclosure mitigation
7 activities, under the following terms and conditions:
8 (1) The Neighborhood Reinvestment Corpora-
9 tion (‘‘NRC’’) shall make grants to counseling inter-
10 mediaries approved by the Department of Housing
11 and Urban Development (HUD) (with match to be
12 determined by the NRC based on affordability and
13 the economic conditions of an area; a match also
14 may be waived by the NRC based on the aforemen-
15 tioned conditions) to provide mortgage foreclosure
16 mitigation assistance primarily to States and areas
17 with high rates of defaults and foreclosures to help
18 eliminate the default and foreclosure of mortgages of
19 owner-occupied single-family homes that are at risk
20 of such foreclosure. Other than areas with high rates
21 of defaults and foreclosures, grants may also be pro-
22 vided to approved counseling intermediaries based on
23 a geographic analysis of the Nation by the NRC
24 which determines where there is a prevalence of
25 mortgages that are risky and likely to fail, including
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1570
1 any trends for mortgages that are likely to default
2 and face foreclosure. A State Housing Finance
3 Agency may also be eligible where the State Housing
4 Finance Agency meets all the requirements under
5 this paragraph. A HUD-approved counseling inter-
6 mediary shall meet certain mortgage foreclosure
7 mitigation assistance counseling requirements, as de-
8 termined by the NRC, and shall be approved by
9 HUD or the NRC as meeting these requirements.
10 (2) Mortgage foreclosure mitigation assistance
11 shall only be made available to homeowners of
12 owner-occupied homes with mortgages in default or
13 in danger of default. These mortgages shall likely be
14 subject to a foreclosure action and homeowners will
15 be provided such assistance that shall consist of ac-
16 tivities that are likely to prevent foreclosures and re-
17 sult in the long-term affordability of the mortgage
18 retained pursuant to such activity or another posi-
19 tive outcome for the homeowner. No funds made
20 available under this paragraph may be provided di-
21 rectly to lenders or homeowners to discharge out-
22 standing mortgage balances or for any other direct
23 debt reduction payments.
24 (3) The use of mortgage foreclosure mitigation
25 assistance by approved counseling intermediaries
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1571
1 and State Housing Finance Agencies shall involve a
2 reasonable analysis of the borrower’s financial situa-
3 tion, an evaluation of the current value of the prop-
4 erty that is subject to the mortgage, counseling re-
5 garding the assumption of the mortgage by another
6 non-Federal party, counseling regarding the possible
7 purchase of the mortgage by a non-Federal third
8 party, counseling and advice of all likely restruc-
9 turing and refinancing strategies or the approval of
10 a work-out strategy by all interested parties.
11 (4) NRC may provide up to 15 percent of the
12 total funds under this paragraph to its own charter
13 members with expertise in foreclosure prevention
14 counseling, subject to a certification by the NRC
15 that the procedures for selection do not consist of
16 any procedures or activities that could be construed
17 as an unacceptable conflict of interest or have the
18 appearance of impropriety.
19 (5) HUD-approved counseling entities and
20 State Housing Finance Agencies receiving funds
21 under this paragraph shall have demonstrated expe-
22 rience in successfully working with financial institu-
23 tions as well as borrowers facing default, delin-
24 quency and foreclosure as well as documented coun-
25 seling capacity, outreach capacity, past successful
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1572
1 performance and positive outcomes with documented
2 counseling plans (including post mortgage fore-
3 closure mitigation counseling), loan workout agree-
4 ments and loan modification agreements. NRC may
5 use other criteria to demonstrate capacity in under-
6 served areas.
7 (6) Of the total amount made available under
8 this paragraph, up to $3,000,000 may be made
9 available to build the mortgage foreclosure and de-
10 fault mitigation counseling capacity of counseling
11 intermediaries through NRC training courses with
12 HUD-approved counseling intermediaries and their
13 partners, except that private financial institutions
14 that participate in NRC training shall pay market
15 rates for such training.
16 (7) Of the total amount made available under
17 this paragraph, up to 5 percent may be used for as-
18 sociated administrative expenses for the NRC to
19 carry out activities provided under this section.
20 (8) Mortgage foreclosure mitigation assistance
21 grants may include a budget for outreach and adver-
22 tising, and training, as determined by the NRC.
23 (9) The NRC shall continue to report bi-annu-
24 ally to the House and Senate Committees on Appro-
25 priations as well as the Senate Banking Committee
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1573
1 and House Financial Services Committee on its ef-
2 forts to mitigate mortgage default.
3 UNITED STATES INTERAGENCY COUNCIL ON
4 HOMELESSNESS
5 OPERATING EXPENSES
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1574
1 TITLE IV
2 GENERAL PROVISIONS—THIS ACT
3 SEC. 401. None of the funds in this Act shall be used
4 for the planning or execution of any program to pay the
5 expenses of, or otherwise compensate, non-Federal parties
6 intervening in regulatory or adjudicatory proceedings
7 funded in this Act.
8 SEC. 402. None of the funds appropriated in this Act
9 shall remain available for obligation beyond the current
10 fiscal year, nor may any be transferred to other appropria-
11 tions, unless expressly so provided herein.
12 SEC. 403. The expenditure of any appropriation
13 under this Act for any consulting service through procure-
14 ment contract pursuant to section 3109 of title 5, United
15 States Code, shall be limited to those contracts where such
16 expenditures are a matter of public record and available
17 for public inspection, except where otherwise provided
18 under existing law, or under existing Executive order
19 issued pursuant to existing law.
20 SEC. 404. (a) None of the funds made available in
21 this Act may be obligated or expended for any employee
22 training that—
23 (1) does not meet identified needs for knowl-
24 edge, skills, and abilities bearing directly upon the
25 performance of official duties;
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1575
1 (2) contains elements likely to induce high lev-
2 els of emotional response or psychological stress in
3 some participants;
4 (3) does not require prior employee notification
5 of the content and methods to be used in the train-
6 ing and written end of course evaluation;
7 (4) contains any methods or content associated
8 with religious or quasi-religious belief systems or
9 ‘‘new age’’ belief systems as defined in Equal Em-
10 ployment Opportunity Commission Notice N–
11 915.022, dated September 2, 1988; or
12 (5) is offensive to, or designed to change, par-
13 ticipants’ personal values or lifestyle outside the
14 workplace.
15 (b) Nothing in this section shall prohibit, restrict, or
16 otherwise preclude an agency from conducting training
17 bearing directly upon the performance of official duties.
18 SEC. 405. Except as otherwise provided in this Act,
19 none of the funds provided in this Act, provided by pre-
20 vious appropriations Acts to the agencies or entities fund-
21 ed in this Act that remain available for obligation or ex-
22 penditure in fiscal year 2014, or provided from any ac-
23 counts in the Treasury derived by the collection of fees
24 and available to the agencies funded by this Act, shall be
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1576
1 available for obligation or expenditure through a re-
2 programming of funds that:
3 (1) creates a new program;
4 (2) eliminates a program, project, or activity;
5 (3) increases funds or personnel for any pro-
6 gram, project, or activity for which funds have been
7 denied or restricted by the Congress;
8 (4) proposes to use funds directed for a specific
9 activity by either the House or Senate Committees
10 on Appropriations for a different purpose;
11 (5) augments existing programs, projects, or ac-
12 tivities in excess of $5,000,000 or 10 percent, which-
13 ever is less;
14 (6) reduces existing programs, projects, or ac-
15 tivities by $5,000,000 or 10 percent, whichever is
16 less; or
17 (7) creates, reorganizes, or restructures a
18 branch, division, office, bureau, board, commission,
19 agency, administration, or department different from
20 the budget justifications submitted to the Commit-
21 tees on Appropriations or the table accompanying
22 the explanatory statement accompanying this Act,
23 whichever is more detailed, unless prior approval is
24 received from the House and Senate Committees on
25 Appropriations: Provided, That not later than 60
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1577
1 days after the date of enactment of this Act, each
2 agency funded by this Act shall submit a report to
3 the Committees on Appropriations of the Senate and
4 of the House of Representatives to establish the
5 baseline for application of reprogramming and trans-
6 fer authorities for the current fiscal year: Provided
7 further, That the report shall include:
8 (A) a table for each appropriation with a
9 separate column to display the prior year en-
10 acted level, the President’s budget request, ad-
11 justments made by Congress, adjustments due
12 to enacted rescissions, if appropriate, and the
13 fiscal year enacted level;
14 (B) a delineation in the table for each ap-
15 propriation and its respective prior year enacted
16 level by object class and program, project, and
17 activity as detailed in the budget appendix for
18 the respective appropriation; and
19 (C) an identification of items of special
20 congressional interest: Provided further, That
21 the amount appropriated or limited for salaries
22 and expenses for an agency shall be reduced by
23 $100,000 per day for each day after the re-
24 quired date that the report has not been sub-
25 mitted to the Congress.
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1578
1 SEC. 406. Except as otherwise specifically provided
2 by law, not to exceed 50 percent of unobligated balances
3 remaining available at the end of fiscal year 2014 from
4 appropriations made available for salaries and expenses
5 for fiscal year 2014 in this Act, shall remain available
6 through September 30, 2015, for each such account for
7 the purposes authorized: Provided, That a request shall
8 be submitted to the House and Senate Committees on Ap-
9 propriations for approval prior to the expenditure of such
10 funds: Provided further, That these requests shall be made
11 in compliance with reprogramming guidelines under sec-
12 tion 405 of this Act.
13 SEC. 407. No funds in this Act may be used to sup-
14 port any Federal, State, or local projects that seek to use
15 the power of eminent domain, unless eminent domain is
16 employed only for a public use: Provided, That for pur-
17 poses of this section, public use shall not be construed to
18 include economic development that primarily benefits pri-
19 vate entities: Provided further, That any use of funds for
20 mass transit, railroad, airport, seaport or highway projects
21 as well as utility projects which benefit or serve the gen-
22 eral public (including energy-related, communication-re-
23 lated, water-related and wastewater-related infrastruc-
24 ture), other structures designated for use by the general
25 public or which have other common-carrier or public-util-
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1579
1 ity functions that serve the general public and are subject
2 to regulation and oversight by the government, and
3 projects for the removal of an immediate threat to public
4 health and safety or brownsfield as defined in the Small
5 Business Liability Relief and Brownsfield Revitalization
6 Act (Public Law 107–118) shall be considered a public
7 use for purposes of eminent domain.
8 SEC. 408. All Federal agencies and departments that
9 are funded under this Act shall issue a report to the House
10 and Senate Committees on Appropriations on all sole-
11 source contracts by no later than July 30, 2014. Such re-
12 port shall include the contractor, the amount of the con-
13 tract and the rationale for using a sole-source contract.
14 SEC. 409. None of the funds made available in this
15 Act may be transferred to any department, agency, or in-
16 strumentality of the United States Government, except
17 pursuant to a transfer made by, or transfer authority pro-
18 vided in, this Act or any other appropriations Act.
19 SEC. 410. No part of any appropriation contained in
20 this Act shall be available to pay the salary for any person
21 filling a position, other than a temporary position, for-
22 merly held by an employee who has left to enter the Armed
23 Forces of the United States and has satisfactorily com-
24 pleted his or her period of active military or naval service,
25 and has within 90 days after his or her release from such
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1580
1 service or from hospitalization continuing after discharge
2 for a period of not more than 1 year, made application
3 for restoration to his or her former position and has been
4 certified by the Office of Personnel Management as still
5 qualified to perform the duties of his or her former posi-
6 tion and has not been restored thereto.
7 SEC. 411. No funds appropriated pursuant to this
8 Act may be expended by an entity unless the entity agrees
9 that in expending the assistance the entity will comply
10 with sections 2 through 4 of the Act of March 3, 1933
11 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
12 ican Act’’).
13 SEC. 412. No funds appropriated or otherwise made
14 available under this Act shall be made available to any
15 person or entity that has been convicted of violating the
16 Buy American Act (41 U.S.C. 10a–10c).
17 SEC. 413. None of the funds made available in this
18 Act may be used for first-class airline accommodations in
19 contravention of sections 301–10.122 and 301–10.123 of
20 title 41, Code of Federal Regulations.
21 SEC. 414. None of the funds made available under
22 this Act or any prior Act may be provided to the Associa-
23 tion of Community Organizations for Reform Now
24 (ACORN), or any of its affiliates, subsidiaries, or allied
25 organizations.
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1581
1 SEC. 415. None of the funds made available by this
2 Act may be used to enter into a contract, memorandum
3 of understanding, or cooperative agreement with, make a
4 grant to, or provide a loan or loan guarantee to any cor-
5 poration that was convicted of a felony criminal violation
6 under any Federal law within the preceding 24 months,
7 where the awarding agency is aware of the conviction, un-
8 less the agency has considered suspension or debarment
9 of the corporation and has made a determination that this
10 further action is not necessary to protect the interests of
11 the Government.
12 SEC. 416. None of the funds made available by this
13 Act may be used to enter into a contract, memorandum
14 of understanding, or cooperative agreement with, make a
15 grant to, or provide a loan or loan guarantee to, any cor-
16 poration with any unpaid Federal tax liability that has
17 been assessed, for which all judicial and administrative
18 remedies have been exhausted or have lapsed, and that
19 is not being paid in a timely manner pursuant to an agree-
20 ment with the authority responsible for collecting the tax
21 liability, where the awarding agency is aware of the unpaid
22 tax liability, unless the agency has considered suspension
23 or debarment of the corporation and has made a deter-
24 mination that this further action is not necessary to pro-
25 tect the interests of the Government.
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1582
1 SEC. 417. It is the sense of the Congress that the
2 Congress should not pass any legislation that authorizes
3 spending cuts that would increase poverty in the United
4 States.
5 SEC. 418. All agencies and departments funded by
6 the Act shall send to Congress at the end of the fiscal
7 year a report containing a complete inventory of the total
8 number of vehicles owned, leased, permanently retired,
9 and purchased during fiscal year 2014, as well as the total
10 cost of the vehicle fleet, including maintenance, fuel, stor-
11 age, purchasing, and leasing.
12 This division may be cited as the ‘‘Transportation,
13 Housing and Urban Development, and Related Agencies
14 Appropriations Act, 2014’’.
◊
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